Where can law probationers appeal the results of their lawyer apprenticeship when the Council of the lawyer apprenticeship assessment has been dissolved in Vietnam?

Where can law probationers appeal the results of their lawyer apprenticeship when the Council of the lawyer apprenticeship assessment has been dissolved in Vietnam?

Pursuant to Article 36 of Circular 10/2021/TT-BTP stipulating procedure for appealing the results of lawyer apprenticeship as follows:

Complaints about the examination of lawyer apprenticeship results

1. Individuals and organizations have the right to complain about decisions and actions of the Inspection Council, members of the Inspection Council, and the Assisting Committee when there are grounds to believe that such decisions violate legitimate rights and interests. The statute of limitations for complaints is implemented according to the provisions of the Law on Complaints.

The Chairman of the Inspection Council is responsible for resolving complaints within 30 days from the date of receipt of the complaint; For complicated cases, the resolution time limit 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 Council of the lawyer apprenticeship assessment, the probationer has the right to complain about the decisions and actions of members of the Council of the lawyer apprenticeship assessment when there are grounds to believe that the practice That will affect your practice test results. The Chairman of the Council is responsible for resolving complaints within 30 days from the date of receipt of the complaint; For complicated cases, the resolution time limit may be longer but must not exceed 45 days from the date of receipt of the complaint.

3. In case the Council has been dissolved after completing its tasks and the complainant does not agree with the decision to resolve the complaint of the Chairman of the Council, he or she has right to complain to the President of Vietnam Bar Federation. The time limit for resolving complaints by the President of the Vietnam Bar Federation is 30 days from the date of receipt of the complaint; For complicated cases, the resolution time limit may be longer but must not exceed 45 days from the date of receipt of the complaint. The decision to resolve the complaint of the President of the Vietnam Bar Federation is final.

Thus, in case the Council has been dissolved after completing its tasks and the complainant does not agree with the decision to resolve the complaint of the Chairman of the Council, he or she has right to complain to the President of the Vietnam Bar Federation.

The time limit for resolving complaints by the President of the Vietnam Bar Federation is 30 days from the date of receipt of the complaint; For complicated cases, the resolution time limit may be longer but must not exceed 45 days from the date of receipt of the complaint. The decision to resolve the complaint of the President of the Vietnam Bar Federation is final.

If you fail to pass the exam in how many probationary results tests, must you re-register for the probation in Vietnam?

According to Article 15 of the 2006 Law on Lawyers , amended by Clause 6, Article 1 of the 2012 Amended Law on Lawyers, there are regulations on checking the results of law practice internships, as follows:

Article 15. Assessing the lawyer apprenticeship

1. The participant in the assessment of lawyer apprenticeship is the apprentice that has passed the apprenticeship period prescribed in Clause 1 Article 14 of this Law. The board of directors of the bar association shall consider and make a list of eligible participants in the assessment of lawyer apprenticeship, and send it to the Vietnam Bar Federation.

The people exempted from lawyer apprenticeship prescribed in Clause 1 Article 16 of this Law do not have to participate in the assessment of the lawyer apprenticeship.

2. The Vietnam Bar Federation shall assess the lawyer apprenticeship.

The assessment of lawyer apprenticeship is carried out by the Council of the lawyer apprenticeship assessment. The President of the Council is a President or a Deputy President of the Vietnam Bar Federation, and the members are the representative of some bar associations and some lawyers. The list of members is decided by the President of the Vietnam Bar Federation.

The person that passes the assessment of lawyer apprenticeship shall be issued with the Certificate of lawyer apprenticeship assessment.

3. The Ministry of Justice shall guide and supervise the assessment of lawyer apprenticeship.

In Clause 5, Article 15 of Circular 10/2021/TT-BTP, there are regulations on participants to check the results of lawyer apprenticeship stating:

Participants check the results of their lawyer apprenticeship

...

5. Those who do not meet the requirements in 03 probationary results examinations are not allowed to attend the examination and must re-register for the probationary period according to the provisions of Article 5 of this Circular.

According to this Artcle, those who do not meet the requirements in the 03 periods of examining the results of their probation to practice law must re-register for their probation in Vietnam.

What are regulations for checking results of lawyer apprenticeship as a lawyer in Vietnam?

In Article 22, Circular 10/2021/TT-BTP stipulates the internal rules for checking the results of lawyer apprenticeship as follows:

- Time of presence at the testing room and documents proving the candidate's identity, and the candidate's attire when participating in the test.

- Format of the test presentation (uniform font style, test ink color, required sections to be recorded in the test...).

- Cases where it is determined that the test shows signs of marking and must be graded collectively.

- Items and documents allowed to be brought into the examination room.

- Minimum time candidates are allowed to submit the test.

- Candidates' obligations while taking the test in the testing room.

- Handling of cases of exam cancellations, exam postponements, violations of testing regulations for candidates, and cancellation of test results.

- Handling of violations by supervisors, examiners, and other members of the Council of the lawyer apprenticeship assessment and Assisting Committee.

- Other contents related to the exam.

Best regards!