In Vietnam, what documents are included in the dossier of application for a law practice certificate in 2024?

In Vietnam, what documents are included in the dossier of application for a law practice certificate in 2024?

Pursuant to Clause 1, Article 17 of the 2006 Law on Lawyers, amended by Clause 8, Article 1 of the 2012 Law on Lawyers stipulating:

Issuing the lawyer practicing certificates

1. The person that passes the assessment of the lawyer apprenticeship shall submit a dossier of application for the lawyer practice certificate to the Board of Directors of the bar association.

The dossier includes:

a) The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;

b) The judicial résumé;

c) The health certificate;

d) A copy of the bachelor’s degree in law or master’s degree in law;

dd) 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.

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Thus, the dossier of application for a law practice certificate includes:

- The written application for the lawyer practicing certificate;

- 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.

In Vietnam, what documents are included in the dossier of application for a law practice certificate in 2024? (Image from the Internet)

What criteria must lawyers in Vietnam meet?

Pursuant to Article 10 of the 2006 Law on Lawyers regulating criteria of lawyers:

Criteria of lawyers

Vietnamese citizens who are loyal to the Fatherland, observe the Constitution and law, have good moral qualities, possess a law bachelor diploma, have been trained in legal profession, have gone through the probation of legal profession and have good health for law practice may become lawyers.

Thus, lawyers must meet the following criteria:

- Be Vietnamese citizens who are loyal to the Fatherland;

- Observe the Constitution and law;

- Have good moral qualities;

- Possess a law bachelor diploma;

- Have been trained in legal profession, have gone through the probation of legal profession;

- Have good health for law practice.

Who is not eligible for a lawyer practicing certificate in Vietnam?

Pursuant to Clause 4, Article 17 of the 2006 Law on Lawyers, amended by Clause 8, Article 1 of the 2012 Law on Lawyers stipulating:

Issuing the lawyer practicing certificates

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4. A person shall not be issued with the lawyer practicing certificate in one of the following cases:

a) Not being qualified as a lawyer as prescribed in Article 10 of this law;

b) Being 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) Not residing permanently in Vietnam;

d) Being liable to criminal prosecution; has been convicted and condemned and criminal record of an unintentional or not serious crime is not expunged; has been convicted of a serious and intentional crime, a very serious and intentional crime, a particularly serious and intentional crime, even the criminal record has been expunged;

dd) Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;

e) Being incapable of civil acts;

g) The people prescribed in Point b this Clause that have been dismissed within 3 years from the decision on dismissal takes effect.

According to this regulation, persons are not issued with the lawyer practicing certificate in one of the following cases:

- People who do not meet the criteria for lawyers include:

+ Be Vietnamese citizens who are loyal to the Fatherland;

+ Observe the Constitution and law;

+ Have good moral qualities;

+ Possess a law bachelor diploma;

+ Have been trained in legal profession, have gone through the probation of legal profession;

+ Have good health for law practice.

- Being an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army;

- Being a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;

- Not residing permanently in Vietnam;

- Being liable to criminal prosecution;

- Have been convicted and condemned and criminal record of an unintentional or not serious crime is not expunged;

- Have been convicted of a serious and intentional crime, a very serious and intentional crime, a particularly serious and intentional crime, even the criminal record has been expunged;

- Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;

- Being incapable of civil acts;

- The people prescribed in following cases that have been dismissed within 3 years from the decision on dismissal takes effect:

+ Being an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army;

+ Being a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;

Best regards!