Are probationers in the practice of law limited to the number of times they can suspend their probation in Vietnam?

Are probationers in the practice of law limited to the number of times they can suspend their probation in Vietnam?

Pursuant to Article 11 of Circular 10/2021/TT-BTP regulating the suspension and termination of probationary practice as a lawyer as follows:

1. A probationer may temporarily stop practicing law after reaching a written agreement with the law practice organization accepting the internship and must report in writing to the Bar Association where the internship is registered.

Probationers are allowed to temporarily suspend their probation a maximum of 02 times, each time not exceeding 03 months. The probationary period before suspension is included in the total probationary period to practice law.

2. A probationer terminates his or her internship to practice law in one of the following cases:

a) Self-terminate probation to practice law;

b) Be recruited as cadres, civil servants and public employees; officers, professional soldiers, defense workers in agencies and units of the people's army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security;

c) No longer permanently reside in Vietnam;

d) Lost or limited civil act capacity; have difficulty understanding and controlling behavior according to civil law provisions;

d) Be prosecuted for criminal liability;

e) Be convicted and the judgment has taken legal effect;

g) Be subject to administrative measures and being sent to a compulsory detoxification facility or compulsory education facility;

h) Be disciplined in the form of temporary suspension of law practice probation from 03 months to 06 months or have your name removed from the Bar Association's list of probationers;

i) Temporarily suspend the probation beyond the prescribed number of times or the probation period has expired as prescribed in Clause 1 of this Article without continuing the probation;

k) People who are practicing law and are found not to meet the conditions specified in Clause 1, Article 3 of this Circular;

l) The person whose name is withdrawn from the list of trainees of the Bar Association according to the provisions of Clause 3, Article 10 of this Circular.

The probationary period before the termination of the probationary period specified in Clause 2 of this Article is not included in the total probationary period.

3. A probationer who terminates his or her probationary period may be considered for re-registration of the probationary period when he or she meets the conditions for practicing law as prescribed in Clause 1, Article 3 of this Circular and falls into one of the following cases:

a) The cases specified in Points a, i, k and 1, Clause 2 of this Article; the cases specified in Points b, c, d and dd, Clause 2 of this Article when the reason for termination of probation no longer exists;

b) Criminal record has been erased, except in cases of conviction for serious intentional crimes, very serious intentional crimes and especially serious intentional crimes;

c) Has completed the administrative handling measure of being sent to a compulsory detoxification facility or compulsory education facility according to the provisions of law on handling of administrative violations;

d) After 01 year from the effective date of the disciplinary decision in the form of temporary suspension of the lawyer's probationary period from 03 to 06 months or after 03 years from the date of the disciplinary decision. law by removing names from the effective list of trainees of the Bar Association.

The order and procedures for registering a probationary period are carried out in accordance with the provisions of Article 5 of this Circular.

Thus, probationers in the practice of law are allowed to temporarily suspend their probation a maximum of 02 times, each time not exceeding 03 months in Vietnam.

What is minimum probationary period per week that law practitioners must ensure in Vietnam?

According to Article 12, Circular 10/2021/TT-BTP stipulates rights and obligations of probationers as follows:

1. Probationers have the following rights:

a) Agreement to sign a labor contract with the law-practicing organization accepting the probation;

b) Receive instructions on the contents of the internship and the exercise of the rights and obligations of the probationer;

c) Assist lawyers in guiding the implementation of tasks specified in Clause 3, Article 14 of the Law on Lawyers;

d) Be guided by a law-practicing organization as a probationary lawyer and to facilitate the probationary period by a lawyer;

d) Request to change the instructing lawyer and place of internship in the cases specified in this Circular;

e) Register to attend the examination of the results of the law practice probation;

g) Other rights as agreed with the law-practicing organization accepting the probation, the provisions of this Circular and relevant laws.

2. Probationers have the following obligations:

a) Comply with the provisions of law on lawyers and law practice;

b) Comply with the Charter of the Vietnam Bar Federation, the Code of Ethics and Professional Conduct for Vietnamese lawyers, the rules of the Bar Association, the rules of the law-practicing organization accepting the probation;

c) Carry out tasks as assigned by the instructing lawyer;

d) Take responsibility before the guiding lawyer and the law-practicing organization accepting the probation for the quality of the work they undertake;

d) Ensure a minimum probationary period of 20 hours per week;

e) Prepare a probationary diary and report on the probation process;

g) Other obligations as agreed with the law-practicing organization accepting practitioners, the provisions of this Circular and relevant laws.

According to this Article, probationers in the practice of law must ensure a minimum probationary period of 20 hours per week in Vietnam.

Best regards!