What are details of Circular 09/2024/TT-BTP on standards and conditions for considering promotion of professional title for legal aid assistants in Vietnam?
What are details of Circular 09/2024/TT-BTP on standards and conditions for considering promotion of professional title for legal aid assistants in Vietnam?
On September 6, 2024, the Ministry of Justice of Vietnamissued Circular 09/2024/TT-BTP, stipulating the standards and conditions for promotion in professional title for legal aid assistants from Class 3 to Class 2 and from Class 2 to Class 1.
Circular 09/2024/TT-BTP applies to public employee legal aid assistants participating in the promotion review for public employee titles; agencies, organizations, and individuals related to the promotion review of professional title for legal aid assistants.
Circular 09/2024/TT-BTP takes effect in Vietnam from November 1, 2024.
What are details of Circular 09/2024/TT-BTP on standards and conditions for considering promotion of professional title for legal aid assistants in Vietnam? (Image from the Internet)
What are the standards and conditions for applying for promotion to Class 1 legal aid assistants in Vietnam?
According to Article 2 of Circular 09/2024/TT-BTP stipulating the standards and conditions for applying for promotion to Class 1 legal aid assistants in Vietnam:
Article 2. Standards and conditions for applying for promotion to Class 1 legal aid assistants in Vietnam
Public employee legal aid assistants applying for promotion from Class II to Class I must meet the following standards and conditions:
- Currently holding the public employee legal aid assistant title Class II and meet the training and professional qualification standards for the public employee legal aid assistant title as prescribed in Article 4, Circular No. 05/2022/TT-BTP dated September 5, 2022, by the Minister of Justice stipulating the codes, standards, and salary classification for public employee legal aid assistant titles (hereinafter referred to as Circular No. 05/2022/TT-BTP).
- Standards on professional competence as prescribed in Clause 2, Article 5, Circular No. 05/2022/TT-BTP.
- Standards and conditions prescribed in Point a, Clause 1, Article 32 of Decree No. 115/2020/ND-CP (amended as prescribed in Clause 16, Article 1 of Decree No. 85/2023/ND-CP).
Thus, the standards and conditions for applying for promotion to Class 1 legal aid assistants from Class 2 are as follows:
[1] Currently holding the public employee legal aid assistant title Class 2 and meeting the standards for training and professional qualifications for the public employee legal aid assistant title as follows:
- Have a bachelor’s degree in law or higher
- Have a certificate of graduation from lawyer training or be exempted from lawyer training
- Have a certificate of legal aid internship result or have a certificate of lawyer practice internship result, except for legal aid assistants appointed under the 2006 Legal Aid Law or exempted from legal aid internship according to the law
[2] Standards on professional competence as follows:
- Master and have the ability to apply the policies and guidelines of the Communist Party, and the laws of the State in legal aid work
- Have knowledge and understanding of the legal system and in-depth understanding of multiple areas of law assigned
- Proficiently perform legal aid activities; effectively lead legal aid activities;
- Be confirmed by the Legal Aid Department to have successfully participated in at least two cases at the High People's Court or the Central Military Court or higher
- Have the capacity to guide professional skills and legal aid techniques for Class 2 and Class 3 legal aid assistants and other legal aid practitioners
- Have presided over the evaluation of the quality or effectiveness of at least 20 legal aid case participation by Class 2 or higher legal aid assistants or at least 20 legal aid cases resolved by provincial-level courts or higher
- Have basic IT skills, and can use foreign languages or minority languages for public employees working in ethnic minority areas according to job position requirements
- Public employees participating in or being reviewed for promotion to Class 1 legal aid assistant must have held the Class 2 legal aid assistant title or equivalent for at least 06 cumulative years (72 months) or more, including at least 01 cumulative year (12 months) of holding the Class 2 legal aid assistant title by the deadline for submission of applications for the promotion exam or review.
[3] Rated at the level of "complete the task well" or higher in the work year immediately preceding the year of the promotion review to the public employee title
- Have good political and professional ethics
- Not under disciplinary action
- Not under the implementation of regulations related to discipline according to the regulations of the Communist Party and the law
What are the standards for a legal aid assistant in Vietnam?
According to Article 19 of the 2017 Legal Aid Law stipulating that Vietnamese citizens who are public employees of the State Legal Aid Center meeting the following standards can become legal aid assistants:
- Have good moral qualities
- Have a bachelor’s degree in law or higher
- Have been trained in lawyer skills or be exempted from lawyer training; have completed a lawyer practice internship or legal aid internship
- Be in good health to perform legal aid
- Not under disciplinary action
