Can law lecturers who become lawyers be exempted from lawyer apprenticeship in Vietnam?

Can law lecturers who become lawyers be exempted from lawyer apprenticeship in Vietnam?

In Article 16 of the 2006 Law on Lawyers, amended by Clause 7, Article 1 of the 2012 Amended Law on Lawyers, it is stipulated that people exempted from lawyer apprenticeship as follows:

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 exempted 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.

Thus, according to the above provisions in Vietnam, if a law lecturer in his or her own working time is to teach law, he or she will be eligible for 2/3 reduction in the lawyer apprenticeship period when he becomes a lawyer but not a complete exemption.

What do documents for proof of exemption from law practice training in Vietnam comprise

According to Article 4 of Circular 05/2021/TT-BTP stipulating proof of exemption from law practice training and exemption from or reduction in legal traineeship period as follows:

The proof demonstrating that a person is exempt from lawyer training as prescribed in Article 13 of the Lawyer Law or is exempted or reduced from his/her legal traineeship period as prescribed in Article 16 of the Lawyer Law is one of the following documents:

1. 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.

2. 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.

3. 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.

4. A copy of the hiring decision, the contract to work in the legal field.

5. Other lawful documents proving that the person is exempt from lawyer practice training; exemption from or reduction in legal traineeship period.

Above are documents to prove the exemption from lawyer practice training in Vietnam.

Is overseas law training recognized in Vietnam?

Pursuant to Article 3 of Circular 05/2021/TT-BTP regulating recognition of overseas law training as follows:

1. The certificate of completion of the overseas lawyer training program is recognized in the following cases:

a) The certificate of completion of the overseas lawyer training program which issued by the foreign training institution within the scope of application of the agreement on equivalence of diplomas or mutual recognition of qualifications; or international treaty related to the diploma to which the Socialist Republic of Vietnam has signed;

b) The certificate of completion of the overseas lawyer training program which is issued by the training institution the training program of which has been recognized by the accreditation body of that country, or the training institution that is allowed, by the competent authority of that country, to establish and issue diplomas, certificates of graduation of overseas lawyer training.

2. Those who have completed the lawyer training program abroad and wish to be recognized in Vietnam, must submit their applications online via the Public Service Portal of the Ministry of Justice or via the postal system or in person at the Ministry of Justice. The application includes:

a) Application for recognition of overseas law training;

b) A copy of the certificate of completion of the overseas lawyer training program; or any document proving that he/she falls into one of the cases specified in Clause 1 of this Article;

c) A copy of the performance result of the overseas lawyer training.

The documents specified in Points b and c of this Clause must bear consular authentication in accordance with law and translated into Vietnamese; the Vietnamese translation must be notarized or authenticated in accordance with Vietnamese law.

3. Within 15 days after receiving a duly completed application, the Minister of Justice shall issue a decision on recognition of overseas lawyer training; in case of refusal, it shall provide explanation in writing.

Thus, according to the above regulations in Vietnam, overseas law training is still recognized in Vietnam. Note, in order to be recognized in Vietnam when overseas law training, you must fall into the two cases mentioned above.

Best regards!