What are cases of withdrawal of legal consultant cards in Vietnam? Which authorities are responsible for withdrawal of legal consultant cards in Vietnam?

What are conditions for individuals in Vietnam to be issued with legal consultant cards?

Pursuant to Clause 1 Article 19 of the Decree 77/2008/ND-CP stipulating conditions for individuals in Vietnam to be issued with legal consultant cards:

Legal consultants

1. Legal consultants must be Vietnamese citizens who permanently reside in Vietnam and fully satisfy the following conditions:

a/ Having the full civil act capacity and good ethical quality, being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out:

b/ Possessing a bachelor of law degree;

c/ Having worked in the legal domain for three years or more.

2. Legal consultants are granted legal consultant cards and may practice their profession throughout the country.

Public employees currently working in state administrative agencies, people's courts or people's procuracies will not be granted legal consultant cards.

As regulated above, individuals in Vietnam to be issued with legal consultant cards shall meet following conditions:

- Having the full civil act capacity and good ethical quality;

- Being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out:

- Possessing a bachelor of law degree;

- Having worked in the legal domain for three years or more.

What are cases of withdrawal of legal consultant cards in Vietnam? Which authorities are responsible for withdrawal of legal consultant cards in Vietnam? - image from internet

What are cases of withdrawal of legal consultant cards in Vietnam?

Pursuant to Article 20 of the Decree 77/2008/ND-CP (amended by Clause 2 Article 4 of the Decree 05/2012/ND-CP) stipulating grant, withdrawal of legal consultant cards:

Grant, withdrawal of legal consultant cards

1. An applicant for a legal consultant card shall send directly or by post 1 dossier set to the provincial-level Justice Department.

A dossier of application for a legal consultant card comprises:

a/ An application for a legal consultant card;

b/ A copy of the applicant's bachelor degree in law;

c/ Written certification of the applicant's period of working in the law sector.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Justice Department with which the legal counseling center has registered its operation shall grant a legal consultant card to the qualified applicant. In case of refusal, it shall notify in writing the reason.

2. The holder of a legal consultant card who falls into one of the following cases will have his/ her legal consultant card withdrawn:

a/ He/she no longer satisfies the conditions specified in Clause 1, Article 19 of this Decree:

b/ He/she is recruited to work as a public employee in a state administrative agency, people's court or people's procuracy;

c/ He/she commits an act of violation in one of the cases specified at Point a, b or c, Clause 1, Article 4 of this Decree.

Provincial-level Justice Services of localities where exist legal consultancy centers or their branches in which legal consultant card holders work shall withdraw these persons' cards.

As regulated above, legal consultant cards in Vietnam shall be withdrawn in following cases:

[1] A person no longer satisfies the conditions for legal consultants. The conditions for legal consultants are as follows:

- Having the full civil act capacity and good ethical quality, being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out:

- Possessing a bachelor of law degree;

- Having worked in the legal domain for three years or more.

[2] A person is recruited to work as a public employee in a state administrative agency, people's court or people's procuracy;

[3] A person commits one of the following prohibited acts:

- Instigating individuals or organizations that request legal consultancy to supply untruthful information and documents, lodge complaints or denunciations or initiate lawsuits in contravention of law;

- Taking advantage of legal consultancy activities to seek personal benefits;

- Taking advantage of legal consultancy activities to cause public- disorder or social insecurity, badly affect national ethics, fine traditions and customs, and infringing upon interests of the State, rights and legitimate interests of individuals and organizations;

Which authorities are responsible for withdrawal of legal consultant cards in Vietnam?

Pursuant to Article 25 of the Decree 77/2008/ND-CP stipulating responsibilities of provincial-level People's Committees for managing legal consultancy activities:

Responsibilities of provincial-level People's Committees for managing legal consultancy activities

1. Provincial-level People's Committees shall examine, inspect, handle violations and settle complaints and denunciations about organization and operation of legal consultancy centers according to their competence; apply measures to support the development of legal consultancy organization and activities in their respective localities.

2. Provincial-level Justice Services shall assist provincial-level People's Committees in performing the management of legal consultancy activities, having the following tasks and powers:

a/ To grant and withdraw operation registration certificates of legal consultancy centers or their branches:

b/ To grant and withdraw legal consultant cards;

c/ To coordinate with managing organizations at the same level in professionally training or retraining persons providing legal consultancy;

d/ To propose to or advise provincial-level People's Committees on measures to support the development of legal consultancy organization and activities in their localities;

dd/ To examine, inspect, handle violations and settle complaints and denunciations about legal consultancy organization and activities according to their competence or under authorization by presidents of provincial-level People's Committees;

e/ To send to provincial-level People's Committees and the Justice Ministry annual or extraordinary reports, when so requested, on organization and operation of legal consultancy centers or their branches in their localities.

As regulated above, provincial-level Justice Services shall assist provincial-level People's Committees in performing the management of legal consultancy activities, as well as withdraw legal consultant cards.

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