Can civil servants in Vietnam be issued with the lawyer practicing certificates?

Can civil servants in Vietnam be issued with the lawyer practicing certificates?

Pursuant to Clause 4.a Article 17 of the Law on Lawyer in 2006 (amended by Clause 8 Article 1 of the Law on amendments to the Law on Lawyer in 2012) stipulating regulations on issuing the lawyer practicing certificates as follows:

Issuing the lawyer practicing certificates

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4. A person shall not be issued with the lawyer practicing certificate in one of the following cases:

a) Not being qualified as a lawyer as prescribed in Article 10 of this law;

b) Being an officer, civil sevant, public employee; 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;;

c) Not residing permanently in Vietnam;

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g) The people prescribed in Point b this Clause that have been dismissed within 3 years from the decision on dismissal takes effect.

Pursuant to Clause 1 Article 18 of the Law on Lawyer in 2006 (amended by Clause 9 Article 1 of the Law on amendments to the Law on Lawyer in 2012) stipulating revocation of the lawyer practicing certificates as follows:

Revoking the lawyer practicing certificates

1. The lawyer practicing certificate shall be revoked in one of the following cases:

a) No longer being qualified as a lawyer as prescribed in Article 10 of this law;

b) Being recruited or appointed as an officer, civil servant, public employee; 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;

c) No longer residing permanently in Vietnam;

d) Not joining a Bar association within 2 years as from the date of issue of the lawyer practicing certificate;

dd) 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;

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As regulations above, civil servants are not eligible for issuance of lawyer practicing certificates. Law practice certificate will be revoked in case of being recruited or appointed as a civil servant.

How many years can a civil servant be able to practice law after being forced to quit his/her job in Vietnam?

Pursuant to Clause 4.g Article 17 of the Law on Lawyer in 2006 (amended by Clause 8 Article 1 of the Law on amendments to the Law on Lawyer in 2012) stipulating regulations on issuing the lawyer practicing certificates as follows:

Issuing the lawyer practicing certificates

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4. A person shall not be issued with the lawyer practicing certificate in one of the following cases:

a) Not being qualified as a lawyer as prescribed in Article 10 of this law;

b) Being 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;;

c) Not residing permanently in Vietnam;

d) Being liable to criminal prosecution; has been convicted and condemned and criminal record of an unintentional or not serious crime is not expunged; has been convicted of a serious and intentional crime, a very serious and intentional crime, a particularly serious and intentional crime, even the criminal record has been expunged;

dd) Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;

e) Being incapable of civil acts;

g) The people prescribed in Point b this Clause that have been dismissed within 3 years from the decision on dismissal takes effect.

As regulations above, if the civil servant is forced to quit his job after 03 years from the effective date of the decision on dismissal, he/she may be granted a law practice certificate.

What are included in the application for issuance of the lawyer practice certificate in Vietnam?

Pursuant to Clause 1 Article 17 of the Law on Lawyer in 2006 (amended by Clause 8 Article 1 of the Law on amendments to the Law on Lawyer in 2012) stipulating as follows:

Issuing the lawyer practicing certificates

1. The person that passes the assessment of the lawyer apprenticeship shall submit a dossier of application for the lawyer practice certificate to the Board of Directors of the bar association.

The dossier includes:

a) The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;

b) The judicial résumé;

c) The health certificate;

d) A copy of the bachelor’s degree in law or master’s degree in law;

dd) A copy of the certificate of lawyer apprenticeship assessment.

Within 07 working days as from receiving the complete and valid dossier, the Board of Directors of the bar association shall send the dossier to the Service of Justice, enclosed with the written certification that the applicant for the lawyer practicing certificate is qualified as prescribed in this law.

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As regulations above, the application for issuance of the lawyer practice certificate in Vietnam includes:

- The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;

- The judicial résumé;

- The health certificate;

- A copy of the bachelor’s degree in law or master’s degree in law;

- A copy of the certificate of lawyer apprenticeship assessment.

Best regards!