Are Doctors of law in Vietnam eligible for exemption from lawyer apprenticeship? Who are eligible for exemption from lawyer training in Vietnam?
Are Doctors of law in Vietnam eligible for exemption from lawyer apprenticeship? Who are eligible for exemption from lawyer training in Vietnam?
Are Doctors of law in Vietnam eligible for exemption from lawyer apprenticeship?
Pursuant to Article 16 of the Law on Lawyers in 2006 stipulating people exempt from lawyer apprenticeship as follows:
People exempted from lawyer apprenticeship
1. People being judges, procurators, senior investigators, intermediate investigators, professors, associate professors of law, Doctors of law, senior inspectors of the court, the senior inspectors of the procuracy, senior law experts, senior law researchers, senior law lecturers are exempt from lawyer apprenticeship.
2. People being junior investigators, major inspectors of the court, major inspectors of the procuracy, law experts, researchers, lecturers are eligible for 2/3 reduction in the lawyer apprenticeship period.
3. The people that have worked as law experts, researchers, and lecturers, inspectors of the court, inspectors of the procuracy for at least 10 years are eligible for 50% reduction in lawyer apprenticeship period.
As regulations above, Doctors of law in Vietnam are eligible for exemption from lawyer apprenticeship.
Are Doctors of law in Vietnam eligible for exemption from lawyer apprenticeship? Who are eligible for exemption from lawyer training in Vietnam? - Source: Internet
What are cases of revocation of the lawyer practicing certificates in Vietnam?
Pursuant to Article 18 of the Law on Lawyers in 2006 (amended by Clause 9 Article 1 of the Law on amendments to the Law on Lawyers in 2012), the lawyer practicing certificate shall be revoked in one of the following cases:
- No longer being qualified as a lawyer;
- Being recruited or appointed as an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army; a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;
- No longer residing permanently in Vietnam;
- Not joining a Bar association within 2 years as from the date of issue of the lawyer practicing certificate;
- Not establishing, participating in the establishment, or working under a labor contract for a law-practicing organization, or working as an independent lawyer within 03 years as from the day of joining the Bar association;
- Voluntarily stopping practicing as a lawyer;
- Being eliminated from the list of lawyers of a bar association;
- Having the lawyer practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;
- Being convicted and the sentence has taken effect;
- Being incapable of civil acts;
Who are eligible for exemption from lawyer training in Vietnam?
Pursuant to Article 13 of the Law on Lawyers in 2006, persons eligible for exemption from lawyer training in Vietnam are as follows:
- Those who have been judges, procurators or investigators.
- Professors, associate professors of law; doctors of law.
- Those who have been senior court examiners; senior procuracy inspectors; senior legal experts, researchers or lecturers.
- Those who have been principal court examiners or principal procuracy inspectors; principal legal experts, researchers or lecturers.
What documents are the proof of exemption from law practice training in Vietnam?
Pursuant to Article 4 of the Circular 05/2021/TT-BTP, the proof demonstrating that a person is exempt from lawyer training is one of the following documents:
- A copy of the decision on appointment or re-appointment of a judge, procurator, investigator, or the resolution of the People's Council, the minutes of judge election of the People's Council, for a case where the judge is elected by the People’s Council at the district or province level.
- A copy of the decision to award the title of Professor or Associate Professor of Law or a copy of the doctorate degree in law.
- A copy of the decision on appointment or re-appointment of senior examiner of the court branch, senior examiner of the Procuracy branch, principal examiner of the Court branch, principal examiner of the Procuracy branch or decision on appointment of senior official, senior researcher, senior lecturer, principal official, principal researcher, principal lecturer in the field of law.
- A copy of the hiring decision, the contract to work in the legal field.
- Other lawful documents proving that the person is exempt from lawyer practice training; exemption from or reduction in legal traineeship period.
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