Can I be a lawyer if I've been served an imprisonment sentence in Vietnam?

Can I be a lawyer if I've been served an imprisonment sentence in Vietnam?

Article 11 of the Law on Lawyers 2006 provides for conditions for law practice as follows:

A person who meets all the criteria specified in Article 10 of this Law, if wishing to practice law, must possess a law practice certificate and join a bar association.

In Clause 4, Article 17 of the Law on Lawyers 2006, as amended by Clause 8, Article 1 of the Law on Amended Lawyers 2012, issuing the lawyer practicing certificates is as follows:

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.

Thus, if you have been served an imprisonment sentence in Vietnam and have your criminal record expunged, you can be granted a lawyer practicing certificate to practice law.

What are rights and obligations of lawyers in Vietnam?

In Article 21 of the 2006 Law on Lawyers as amended by Clause 12, Article 1 of the Law on Amended Lawyers 2012, rights and obligations of lawyers are as follows:

1. A lawyer is entitled to:

a) Have his right to practice law protected by statute as prescribed in this Law and relevant laws;

b) Represent clients as prescribed by law;

c) Practice law, choose a form of practicing law and establishing a law-practicing organization as prescribed in accordance with this Law;

d) Practice law in Vietnam’s territory;

dd) Practice law overseas,

e) Other rights prescribed in this Law.

2. A lawyer is obliged to:

a) Comply with the lawyer’s principle prescribed in Article 5 of this Law;

b) Strictly observe the relevant regulations in the relationship with presiding agencies; have a cooperative and respectful manner attitude towards the presiding officers that they contact during the practice;

c) Promptly participate in the lawsuits requested by the presiding agencies;

d) Provide legal supports;

dd) Attend compulsory training courses;

e) Other obligations as prescribed in this Law.

The above are rights and obligations of lawyers as prescribed by law in Vietnam.

When are lawyer practicing certificates revoked in Vietnam?

In Article 18 of the 2006 Law on Lawyers as amended by Clause 9, Article 1 of the Law on Amended Lawyers 2012 provides for revoking the lawyer practicing certificates as follows:

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, 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) 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;

e) Voluntarily stopping practicing as a lawyer;

g) Being eliminated from the list of lawyers of a bar association;

dd) Having the lawyer practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;

i) Being convicted and the sentence has taken effect;

k) Being incapable of civil acts;

2. The Minister of Justice is entitled to revoke lawyer practicing certificates, and shall specify the procedure for revoking lawyer practicing certificates. The Decision on revoking the lawyer practicing certificate of the Minister of Justice shall be notified to the Vietnam Bar Federation for revoking the Lawyer’s card.

According to this Article, individuals who fall into one of the above cases will have their lawyer practicing certificates revoked in Vietnam.

Best Regards!