Can civil servants or public employees who have been disciplined in the form of dismissal work as lawyers or notaries in Vietnam?

For notaries in Vietnam

In Article 13 of the Law on Notary 2014, it is stated:

1. Those who are being examined for penal liability or have been convicted under a court’s legally effective sentence of an unintentional crime but have not yet had their criminal records written off, or of an intentional crime.

2. Those who are being subjected to administrative handling measures in accordance with the law on handling of administrative violations.

3. Those who have their civil act capacity lost or restricted.

4. Cadres who have been disciplined in the form of removal from office; civil servants or public employees who have been disciplined in the form of dismissal; officers, professional army men, workers and public employees of agencies and units under the People’s Army, and officers, non-commissioned officers, workers and employees of units under the People’s Public Security Force who have been disciplined in the form of deprival of the title of army man or people’s policeman or have been expelled from the service.

5. Those who have their legal practice certificates revoked after they are disciplined in the form of disbarment; those who have been deprived of the right to use their legal practice certificates and the 3-year period, counting from the effective date of the decision on revocation of legal practice certificates or the date of completing the serving of the decision on deprival of the right to use legal practice certificates, has not yet expired.

Thus, according to the above provisions in Vietnam, civil servants or public employees who have been disciplined in the form of dismissal will not be appointed notaries even though they have undergone notarial practice training and have sufficient experience as prescribed.

For Lawyers in Vietnam

And in Clause 8, Article 1 of the 2012 Law on Lawyers, there are regulations on 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.

2. The person exempted from lawyer apprenticeship shall submit a dossier of application for the lawyer practicing certificate to the local Service of Justice.

The dossier includes:

a) The papers prescribed in Point a, b, c and Clause 1 this Article;

b) The papers prescribed in Point d Clause 1 this Article, except for professors, associate professors of laws, and doctors of law;

c) The copy of the document proving the exemption from lawyer apprenticeship prescribed in Clause 1 Article 16 of this Law.

3. Within 07 working days as from receiving the complete and valid dossier, the Service of Justice shall check the dossier, verify the validity of the dossier if necessary, and send the written request enclosed with the dossier of application for the lawyer practicing certificate to the Ministry of Justice.

Within 20 days as from receiving the complete and valid dossier, the Minister of Justice shall decide the issue of the lawyer practicing certificate; the refusal must be explained and notified in writing to the applicant and the Service of Justice where the dossier of application is submitted.

The refused person may file complaints or lawsuits as prescribed by law.

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 c that have been dismissed within 3 years from the decision on dismissal takes effect.

Thus, in case civil servants or public employees who have been disciplined in the form of dismissal, within three years from the effective date of the decision on forced dismissal, they will not be reappointed as a lawyer in Vietnam.

Best Regards!