From November 01, 2024, what are the standards and conditions for registering for the promotion exam for Class 2 Legal aid assistant in Vietnam?
From November 01, 2024, what are the standards and conditions for registering for the promotion exam for Class 2 Legal aid assistant in Vietnam?
Based on Article 3 of Circular 09/2024/TT-BTP stipulating the standards and conditions for registering for the promotion exam for Class 2 Legal aid assistant in Vietnam:
Article 3. Standards and conditions for registering for the promotion exam for Class 2 Legal aid assistant in Vietnam
Legal aid public employees registering for the examination from class III to class II must meet the following standards and conditions:
- Currently holding the professional title of legal aid assistant class III and meeting the standards of training and refresher education for the professional title of legal aid assistant as stipulated in Article 4 of Circular 05/2022/TT-BTP.
- Standards of professional capability and expertise as stipulated in clause 2, Article 6 of Circular 05/2022/TT-BTP.
- Standards and conditions stipulated at point a, clause 1, Article 32 of Decree No. 115/2020/ND-CP (amended as stipulated in clause 16, Article 1 of Decree No. 85/2023/ND-CP).
Thus, the standards and conditions for registering for the promotion exam for Class 2 Legal aid assistant in Vietnam are as follows:
[1] Currently holding the professional title of Class 3 Legal aid assistant
[2] Meeting the standards of training and refresher education for the professional title of legal aid assistant as follows:
- Holding a bachelor's degree in law or higher
- Possessing a certificate of legal practice training or belonging to cases exempt from legal practice training
- Possessing a certificate of legal aid apprenticeship result check or a certificate of legal practice apprenticeship result, except in cases where the legal aid assistant has been appointed under the Legal Aid Law 2006 or is exempted from legal aid apprenticeship as stipulated by law
[3] Standards of professional capability and expertise as follows:
- Proficiently mastering and having the ability to apply the guidelines, policies of the Communist Party, and State laws in legal aid work;
- Having knowledge and understanding of the legal system and expertise in the assigned legal field;
- Proficiently performing legal aid tasks; effectively implementing legal aid activities;
- Confirmed by the Legal Aid Department to have successfully participated in at least one litigation case;
- Having the capability to guide professional and practical skills for class III legal aid assistants and other legal aid practitioners;
- Having basic IT skills, fluency in a foreign language, or the ability to use minority languages for public employees working in ethnic minority areas as required by the job position;
- legal aid assistants registering for or taking the examination for promotion to class 2 must have held the class 3 or equivalent title for a total of at least 9 years (108 months), including holding the class III title for at least 1 year (12 months) cumulatively until the application submission deadline
[4] Standards and conditions for registering for or taking the examination for professional title promotion are as follows:
- Achieving a work performance rating of good or higher in the year immediately preceding the examination year
- Having good political and professional ethics
- Not currently under disciplinary measures
- Not currently affected by any disciplinary regulations of the Communist Party or the law
From November 01, 2024, what are the standards and conditions for registering for the promotion exam for Class 2 Legal aid assistant in Vietnam? (Image from the Internet)
What does the application for promotion for legal aid assistant in Vietnam?
Based on clause 2, Article 21 of Law on Legal Aid 2017 stipulating the application for promotion for legal aid assistant in Vietnam:
- Document by the Director of the Department of Justice requesting the appointment of a legal aid assistant
- Brief biography of the person proposed for appointment- 02 color portrait photos (2 cm x 3 cm)
- Authenticated copy of the bachelor's, master's, or doctoral degree in law
- Authenticated copy of the certificate of legal practice apprenticeship result check or legal aid apprenticeship result check certificate; in case of legal aid apprenticeship exemption, authenticated documents proving the exemption
- Health certificate
When must a legal aid assistant refuse to perform a legal aid case in Vietnam?
Based on clause 2, Article 25 of Law on Legal Aid 2017 stipulating when a legal aid assistant must refuse to perform a legal aid case, the circumstances include:
- Already performed or currently performing legal aid for the beneficiaries who have opposing interests in the same case, except where the parties have other agreements on legal consultation cases, non-litigation representation in civil matters
- Have grounds to believe that the legal aid performer may be biased in handling the case
- Have reasons to indicate an inability to perform the legal aid task effectively, affecting the legal rights and interests of the legal aid beneficiary
