If probationers have a conflict with instructing lawyers, can they change the place of probation in Vietnam?

If probationers have a conflict with instructing lawyers, can they change the place of probation in Vietnam?

In Clause 4, Article 8, Circular 10/2021/TT-BTP stipulates that lawyers instruct probationers as follows:

4. In cases where a law practice organization accepting probationers temporarily suspends or terminates operations according to the provisions of the Law on Lawyers or there are no other lawyers qualified to instruct, the probationers can request the Managing Board to The Bar Association recommends other law practice organizations for probations. Within 10 days from the date of receiving the probationer's request, the Bar Association's Board of Directors is responsible for assigning another member lawyer of the Bar Association to be the next head of the law practice organization. accept that person as a probationer. The head of an assigned law practice organization that refuses to accept a probationer without a legitimate reason shall be considered and handled according to the provisions of Clause 3, Article 33 of this Circular.

In case the probationer agrees with another law-practicing organization to continue his probation, the acceptance of the probation shall comply with the provisions of Clause 1, Article 4 of this Circular.

In addition, according to Clause 1, Article 9, Circular 10/2021/TT-BTP regulates changing the place of probation to practice law as follows:

1. Law probationers change their place of probation when falling into the cases specified in Clause 4, Article 8 of this Circular or change their place of residence or work to another province or centrally run city.

Pursuant to Point dd, Clause 1, Article 12 of Circular 10/2021/TT-BTP stipulates that probationers have the following rights:

d) Request to change the instructing lawyer and place of probation in the cases specified in this Circular;

Thus, a law practice probationer can only change the place of practice in the event that the law practice organization receiving the probation temporarily suspends or terminates its operations according to the provisions of law; There are no other lawyers qualified to instruct; Change your place of residence or work to another province or centrally run city in Vietnam.

In your case, if you have a conflict with your instructing lawyer, you cannot change your probation location. You can ask G Law Office to change your instructing lawyer in Vietnam.

Do law probationers receive salaries during their probation in Vietnam?

In Clause 1, Article 12 of Circular 10/2021/TT-BTP stipulates that probationers have the following rights:

a) Agree to sign a labor contract with the law-practicing organization accepting the probation;

b) Receive instructions on the contents of the probation and the exercise of the rights and obligations of the probationer;

c) Assist lawyers in guiding the implementation of tasks specified in Clause 3, Article 14 of the Law on Lawyers;

d) Be accepted as an intern by a law practice organization and have a lawyer guide you and create conditions during the probation process;

d) Request to change the instructing lawyer and place of probation in the cases specified in this Circular;

e) Register to attend the examination of the results of the law practice probation;

g) Other rights as agreed with the law practice organization accepting probationers, the provisions of this Circular and relevant laws.

According to Clause 1, Article 13 of the 2019 Labor Code, labor contracts are stipulated as follows:

1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.

A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.

Therefore, a law practice probationer can agree to sign a labor contract with the law practice organization receiving the probation and when signing the labor contract, there is an agreement on salary in Vietnam.

According to this Article, law probationers can still receive a salary during their probationary period at the law practice organization they are following in Vietnam.

What obligations do law probationers have in Vietnam?

Pursuant to Clause 2, Article 12 of Circular 10/2021/TT-BTP stipulates that probationers have the following obligations:

a) Comply with the provisions of law on lawyers and law practice;

b) Comply with the Charter of the Vietnam Bar Federation, the Code of Ethics and Professional Conduct for Vietnamese Lawyers, the Bar Association's rules, and the rules of the law practice organization accepting probationers;

c) Carry out tasks as assigned by the instructing lawyer;

d) Be responsible to the instructing lawyer and the law practice organization accepting probationers for the quality of the work they undertake;

d) Ensure a minimum probationary period of 20 hours per week;

e) Prepare a probationary diary and report on the probation process;

g) Other obligations as agreed with the law practice organization accepting probationers, the provisions of this Circular and relevant laws.

Above are the obligations that law probationers must perform during their probation in Vietnam.

Best regards!