What are the fines imposed on lawyers in Vietnam for failure to attend compulsory training courses?
What are the fines imposed on lawyers in Vietnam for failure to attend compulsory training courses? - Mr. Ly (HCMC).
Do lawyers in Vietnam have to attend compulsory training courses in Vietnam?
Pursuant to Article 21 of the Law on Lawyers in 2006 (amended by Clause 12 Article 1 of the Law on amending and supplementing a number of articles of the Law on Lawyers in 2012) stipulating rights and obligations of lawyers as follows:
Rights and obligations of lawyers
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2. A lawyer is obliged to:
a) Comply with the lawyer’s principle prescribed in Article 5 of this Law;
b) Strictly observe the relevant regulations in the relationship with presiding agencies; have a cooperative and respectful manner attitude towards the presiding officers that they contact during the practice;
c) Promptly participate in the lawsuits requested by the presiding agencies;
d) Provide legal supports;
dd) Attend compulsory training courses;
e) Other obligations as prescribed in this Law.
As regulations above, a lawyer is obliged to attend compulsory training courses.
What are the fines imposed on lawyers in Vietnam for failure to attend compulsory training courses?
Pursuant to Article 6 of the Decree 82/2020/NĐ-CP stipulating acts of violating regulations on law practice activities as follows:
Violations of regulations on law practice activities
1. Fine from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Failure to participate or incomplete participation in mandatory professional training obligations;
b) Failure to notify the Bar Association on time about practice registration or changes in practice registration content.
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Pursuant to Article 4 of the Decree 82/2020/NĐ-CP stipulating as follows:
Regulations on fine levels and authority to impose fines on individuals and organizations
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4. The fine levels specified in Chapters II, III, IV, V, VI and VII of this Decree shall be applied to administrative violations committed by individuals, except for the articles specified in Clause 5 of this Article. In case the organization commits administrative violations like that of an individual, the fine level is equal to 2 times the fine level imposed on an individual.
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Thus, lawyers who do not fully participate in compulsory professional training will be fined from VND 1,000,000 to VND 3,000,000.
The above fines are applied to individual violations. For organizations, if they fail to participate fully in compulsory professional training, they shall be subject to a fine equal to 2 times the fine level imposed on individuals.
How many times can a probationer extend his law practice probationary period in Vietnam?
Pursuant to Clause 3, Article 10 of Circular 10/2021/TT-BTP stipulating extension of law practice probationary period as follows:
Law practice probation period and extension of law practice probationary period
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3. The probationer may extend the law practice probationary period not more than 02 times, each time for 06 months. In case the probation is extended for the second time and the probationer does not meet the requirements, the Board of Directors of the Bar Association where the probationer is registered shall decide to withdraw that person's name from the Bar Association's list of probationers. A person whose name is withdrawn from the Bar Association's list of trainees has the right to complain according to the provisions of this Circular.
A person whose name is withdrawn from the Bar Association's list of trainees must re-register for law practice probation according to the provisions of Article 5 of this Circular. The probationer's period of law practice shall comply with the provisions of Clause 1 of this Article.
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Thus, a probationer may extend his/her law practice probationary period not more than 02 times, 06 months each time.
In what cases must the lawyer's probationary period in Vietnam be terminated?
Pursuant to Clause 2, Article 11, Circular 10/2021/TT-BTP, probationers must terminate their probation to practice law in the following cases:
- Self-termination of probation to practice law;
- Recruited as officers, civil servants, and public employees; officers, professional soldiers, defense workers in agencies and units of the people's army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security;
- No longer permanently residing in Vietnam;
- Lost or limited civil act capacity; have difficulty understanding and controlling behavior according to civil law provisions;
- Being prosecuted for criminal liability;
- Convicted and the judgment has taken legal effect;
- Being subject to administrative measures and being sent to a compulsory drug detoxification facility or a compulsory education facility;
- Be disciplined in the form of temporary suspension of law practice probation from 03 months to 06 months or have your name removed from the Bar Association's list of probationers;
- Suspension of probation beyond the prescribed number of times or the probation period has expired without continuing the probation;
- People who are practicing law and are found not to meet the conditions specified in Clause 1, Article 3 of Circular 10/2021/TT-BTP;
- A person whose name is withdrawn from the list of trainees of the Bar Association according to the provisions of law.
The probationary period before the probationary period ends is not included in the total probationary period.
Best regards!
