What are maximum months of postponement for probation of law probationers in Vietnam?

What are maximum months of postponement for probation of law probationers in Vietnam?

Pursuant to Article 33 of Circular 10/2021/TT-BTP stipulating disciplinary action against probationers, instructing lawyers and heads of law-practicing organizations receiving probation as follows:

1. Probationers who violate the provisions of this Circular shall, depending on the nature and seriousness of their violations, be subject to one of the following disciplinary forms:

a) Reprimand;

b) Warning;

c) Temporarily suspend the law practice probationary period from 03 to 06 months;

d) Remove the name from the list of apprentices of the Bar Association.

The Board of Directors of the Bar Association where the probation is registered has the authority to consider and decide to discipline the apprentices who violate the provisions of this Circular.

2. Lawyers who guide violations of the provisions of this Circular shall, depending on the nature and seriousness of their violations, be subject to one of the disciplinary forms as prescribed in Article 85 of the Law on Lawyers and not receive probationary guidance. until the expiration of the time limit for disciplining lawyers according to the provisions of the Regulation on settlement of complaints, denunciations and disciplinary actions promulgated by the Vietnam Bar Federation.

3. If the head of a law-practicing organization accepting a probation violates the regulations on the receipt, guidance and supervision of law-practicing apprentices specified in this Circular, depending on the nature and severity of the violation, one of the following forms of discipline shall be imposed specified in Article 85 of the Law on Lawyers and may not accept apprentices until the expiration of the time limit for disciplining lawyers as prescribed in the Regulation on settlement of complaints and denunciations, disciplinary action issued by the Vietnam Bar Federation.

4. The Vietnam Bar Federation shall specify violations, order and procedures for disciplining probationers, guiding lawyers and heads of law-practicing organizations receiving probation.

Thus, in case a friend of your law practice probationer is disciplined in the form of postponement from the probationary period, the postponement period will be from 3 to 6 months as prescribed in Vietnam.

How long will a probationer's complaint against decision of the managing boards of the bar associations be resolved in Vietnam?

According to Article 35 of Circular 10/2021/TT-BTP stipulating complaints about decisions and acts of the Bar Association's Executive Board as follows:

Probationers, guiding lawyers and other individuals and organizations have the right to complain about decisions and acts of the Bar Association's management board when there are grounds to believe that such decisions or acts infringe upon the rights and interests of the Bar Association. The statute of limitations for complaints shall comply with the provisions of the Law on Complaints.

The Standing Board of the Vietnam Bar Federation has the authority to settle complaints about decisions and acts of the Board of Directors of the Bar Association. The time limit for complaint settlement by the Standing Board of the Vietnam Bar Federation is 30 days from the date of receipt of the complaint; for complicated cases, the time limit for settlement may be longer but must not exceed 45 days from the date of receipt of the complaint. The decision to settle the complaint of the Standing Board of the Vietnam Bar Federation is final.

According to this Article, when there is a complaint about the decision and behavior of the managing boards of the bar associations, the Standing Board of the Vietnam Bar Federation will settle it within 30 days from the date of receipt of the complaint. For complicated cases, the time limit for settlement may be longer, but must not exceed 45 days from the date of receipt of the complaint in Vietnam.

How long can law probationers be able to appeal the decision of a member of Judging Board in practice probation results in Vietnam? 

Article 36 of Circular 10/2021/TT-BTP stipulates complaints about the examination of law practice probation results as follows:

1. Individuals and organizations have the right to complain about decisions and acts of the Inspection Council, members of the Inspection Council, and the Assistant Board when there are grounds to believe that such decisions infringe upon their legitimate rights and interests. The statute of limitations for complaints shall comply with the provisions of the Law on Complaints.

The President of the Inspection Council shall settle the complaint within 30 days from the date of receipt of the complaint; for complicated cases, the time limit for settlement may be longer but must not exceed 45 days from the date of receipt of the complaint.

2. Within 15 days from the date of receiving the decision of the Examination Council, the probationer has the right to lodge a complaint against the decision and behavior of a member of the Examination Board when there are grounds to believe that the conduct that behavior affects their practice test results. The President of the Inspection Council shall settle the complaint within 30 days from the date of receipt of the complaint; for complicated cases, the time limit for settlement may be longer but must not exceed 45 days from the date of receipt of the complaint.

3. In case the Examination Council has dissolved after completing its tasks but the complainant disagrees with the complaint settlement decision of the President of the Inspection Council, he has the right to lodge a complaint with the President of Vietnam Bar Federation. The time limit for complaint settlement of the President of the Vietnam Bar Federation is 30 days from the date of receipt of the complaint; for complicated cases, the time limit for settlement may be longer but must not exceed 45 days from the date of receipt of the complaint. The decision to settle the complaint of the President of the Vietnam Bar Federation is final.

Thus, a law-practicing probationer may appeal the decision of a member of the Practice Examination Committee when there are grounds to believe that such behavior affects the results of his/her practice test within 15 days from the date of receipt of the decision of the Inspection Council in Vietnam.

Best regards!