If legal aid assistants take sick leave for 5 months, do they have to participate in mandatory training to improve knowledge and skills during the year in Vietnam?

If legal aid assistants take sick leave for 5 months, do they have to participate in mandatory training to improve knowledge and skills during the year in Vietnam?

In Article 4, Circular 12/2018/TT-BTP, amended by Clause 1, Article 2, Circular 03/2021/TT-BTP, stipulates the obligation to participate in training to improve mandatory knowledge and skills of legal aid assistants as follows:

1. The minimum time required for legal aid assistants to participate in training to improve knowledge and skills is 8 hours/year.

2. Required training contents to improve knowledge and skills for legal aid assistants include:

a) Necessary legal knowledge for providing legal aid;

b) Skills for providing legal aid;

c) Legal aid professional rules.

3. Mandatory forms of training to improve knowledge and skills are organized in accordance with the content specified in Clause 2 of this Article.

4. Legal aid assistants in one of the following cases are not required to participate in mandatory knowledge and skills improvement training during the year:

a) Being sent to study or on sick leave for 6 months or more;

b) Being seconded to work at another agency, organization or unit that is not tasked with providing legal aid;

Legal aid assistants in one of the following cases are not required to participate in mandatory knowledge and skills improvement training during the year:

c) The worker is on maternity leave; the worker is a mother with a child under 12 months old, or the worker falls under any of the cases mentioned in Clause 4 or Clause 6 Article 34 of the Law on Social Insurance

Thus, according to the above regulations in Vietnam, legal aid assistants who take sick leave for 6 months or more do not have to participate in mandatory knowledge and skills improvement training during the year.

When you are a legal aid assistant but you only take sick leave for 5 months, you still have to participate in mandatory knowledge and skills improvement training during the year according to regulations in Vietnam.

If legal aid assistants take sick leave for 5 months, do they have to participate in mandatory training to improve knowledge and skills during the year in Vietnam? (Image from the Internet)

What acts must legal aid assistants not violate in Vietnam?

According to Article 6 of the Law on Legal Aid 2017, prohibited acts in legal aid services are as follows:

1. Legal aid-providing organizations and individuals may not commit the following acts:

a) Infringe upon the dignity, honor or legitimate rights and interests of legally-aided persons; discriminate against legally-aided persons;

b) Receive or demand any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons;

c) Disclose information on legal aid-related cases or legally-aided persons unless it is agreed in writing by legally-aided persons or otherwise provided for by law.

d) Refuse or discontinue the provision of legal aid services, except for cases specified in this Law and regulations on procedures;

dd) Abuse legal aid services for self-seeking activities, encroach on national security and defense, disturb social order and safety, cause adverse impacts on social ethics;

e) Incite, provoke legally-aided persons to declare and supply false information and documents or to make complaints or denunciations or initiate lawsuits in contravention of law.

2. Legally-aided persons, agencies, organizations and individuals engaged in legal aid services may not commit the following acts:

a) Violate health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services;

b) Deliberately provide false information and documents on legal aid-related cases;

c) Threaten, obstruct or illegally interfere in legal aid services; disturb, cause troubles and seriously violate regulations at legal aid-providing places.

Therefore, when working as a legal aid assistant, you need to pay attention to the prohibited acts mentioned above so as not to violate them in Vietnam.

Best regards!