If I have not taken a legal profession course, can I still be a legal aid assistant in Vietnam? What is legal aid training probation duration in Vietnam?

If I have not taken a legal profession course, can I still be a legal aid assistant in Vietnam? 

Pursuant to Article 19 of the Law on Legal Aid 2017, Vietnamese citizens who are public employees of legal aid centers and fully satisfy the following conditions may become legal aid assistants:

1. Good moral quality;

2. Possess a bachelor or higher degree in law;

3. Have been trained in legal profession or is not required to participate in training course of legal profession; have gone through the probation of legal profession or legal aid;

4. Being physically fit to provide legal aid;

5. Is not within the time of receiving disciplinary actions.

Thus, in order to become a legal aid assistant, you must be trained in legal profession, except in the case of being exempted from training in legal profession in Vietnam.

What are cases of exemption from lawyer training in Vietnam?

Pursuant to Article 13 of the Law on Lawyers 2006 stipulates that persons exempt from lawyer training are as follows:

1. Those who have been judges, procurators or investigators.

2. Professors, associate professors of law; doctors of law.

3. Those who have been senior court examiners; senior procuracy inspectors; senior legal experts, researchers or lecturers.

4. Those who have been principal court examiners or principal procuracy inspectors; principal legal experts, researchers or lecturers.

What is legal aid training probation duration in Vietnam?

Pursuant to Article 20 of the Law on Legal Aid 2017 has the following provisions:

1. Public employees of the state legal aid center possessing certificates of lawyer profession training or exempting from law practice training according to the Law on Lawyers may register for legal aid training at state legal aid center.

The legal aid training probation duration is 12 months. The state legal aid center shall assign legal aid assistants to guide legal aid trainee and admit the legal aid training probation. Instructing legal aid assistants shall have at least 03 years of experience in assisting legal aid. At a time, a legal aid assistant shall not instruct more than 02 trainees.  

2. The legal aid trainee may assist the legal aid assistant in their professional activities but may not represent, advocate, protect the lawful rights and interests of legally-aided persons in court; may not sign written legal counseling.

The legal aid trainee may go with the instructing legal aid assistant to meet the legally-aided persons and other litigants in legal aid-related cases if they agree; assist the legal aid assistant in studying documents about the case, collecting documents, items and circumstances relevant to such cases and other professional activities. The instructing legal aid assistant shall supervise and be responsible for the activities of the legal aid trainee as prescribed in this Clause.

3. People exempted from probation of legal profession according to the Law on Lawyers shall be exempted from probation of legal aid.

4. The Minister of Justice shall detail the probation, probation testing and the form of certificate of legal aid training.

According to this Article, the legal aid training probation duration is 12 months, unless the legal aid training probation duration is reduced in Vietnam.

Best Regards!