How many years of not joining the Bar Association will result in the revocation of a lawyer practicing certificate in Vietnam?

How many years of not joining the Bar Association will result in the revocation of a lawyer practicing certificate in Vietnam?

Pursuant to Article 18 of the Law on Lawyers in 2006 (amended by Clause 9 Article 1 of the Law on amendments to the Law on Lawyers in 2012) stipulating regulations on revoking the lawyer practicing certificates:

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, 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.

As regulations above, if a lawyer fails to join a Bar association within 2 years as from the date of issue of the lawyer practicing certificate, his/her lawyer practicing certificate shall be revoked.

How many years of not joining the Bar Association will result in the revocation of a lawyer practicing certificate in Vietnam? - image from internet

If the lawyer practicing certificate is revoked due to not joining a Bar association within 2 years, what are conditions for reissuance of it in Vietnam?

Pursuant to Article 19 of the Law on Lawyers in 2006 (amended by Clause 10 Article 1 of the Law on amendments to the Law on Lawyers in 2012) stipulating regulations on reissuing the lawyer practicing certificates:

Reissuing the lawyer practicing certificates

1. The person that has had his or her lawyer practicing certificate revoked as prescribed in Points a, b, c, e and k Clause 1 Article 18 of this law shall have the lawyer practicing certificate reissued when the standards prescribed in this Law are met and the reasons for revoking the certificate are eliminated.

2. The person that has had his or her lawyer practicing certificate revoked as prescribed in Point d and Point dd Clause 1 Article 18 of this law shall have the lawyer practicing certificate reissued if he/she applies for reissuance of the lawyer practicing certificate.

3. The person that has had his or her lawyer practicing certificate revoked as prescribed in Points g, h and i Clause 1 Article 18 of this law shall have the lawyer practicing certificate reissued when the requirements prescribed in this Article 10 are satisfied, and in one of the following cases:

a) Within 03 years as from the date of the decision on revoking the lawyer practicing certificate by reason of being eliminated from the list of lawyers of the bar association;

b) The lawyer practicing certificate revocation period has expired, or the decision on taking into detoxification centers or educational institutions is implemented;

c) The criminal records in the cases prescribed in Clause 4 this Article have been erased.

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As regulations above, the person, that has had his or her lawyer practicing certificate revoked due to not joining a Bar association within 2 years, shall have the lawyer practicing certificate reissued if he/she applies for reissuance of the lawyer practicing certificate.

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

Pursuant to Clause 1 Article 17 of the Law on Lawyers in 2006 (amended by Clause 8 Article 1 of the Law on amendments to the Law on Lawyers in 2012) stipulating the dossier of application for the lawyer practice certificate in Vietnam:

- 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.

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.

Best regards!