Will a person with a Doctor of Laws be exempt from lawyer training and law practice probation in Vietnam?
It is said that a doctor of jurisprudence will not have to go to law school or practice law practice. Is this true?
Answer: Pursuant to Clause 2, Article 13 of the 2006 Law on Lawyers, it is stipulated:
Professors, associate professors of law; doctors of law will be exempted from lawyer training.
And according to Clause 7, Article 1 of the 2012 Amended Law on Lawyers, there are also regulations on people exempted from lawyer apprenticeship:
1. People being judges, procurators, senior investigators, intermediate investigators, professors, associate professors of law, Doctors of law, senior inspectors of the court, the senior inspectors of the procuracy, senior law experts, senior law researchers, senior law lecturers are exempted from lawyer apprenticeship.
2. People being junior investigators, major inspectors of the court, major inspectors of the procuracy, law experts, researchers, lecturers are eligible for 2/3 reduction in the lawyer apprenticeship period.
3. The people that have worked as law experts, researchers, and lecturers, inspectors of the court, inspectors of the procuracy for at least 10 years are eligible for 50% reduction in lawyer apprenticeship period.
Thus, according to the above regulations in Vietnam, Doctors of Laws will be exempted from lawyer training and law practice probation in Vietnam.
Will a person with a Doctor of Laws be exempt from lawyer training and law practice probation in Vietnam? (Image from the Internet)
If I hire a foreign lawyer, do I have to notify the Department of Justice in Vietnam?
I'm learning about the regulations on opening a law firm. I wonder if law firms in Vietnam can hire foreign lawyers to work? If so, do we have to notify the Department of Justice?
Answer: According to Clause 15, Article 1 of the 2012 Amended Law on Lawyers, law-practicing organizations include lawyer’s offices and law firms.
1. Provide legal services.
2. Receive payments from clients.
3. Hire Vietnamese lawyers, foreign lawyers, and employees to work for the law-practicing organization.
4. Participate in formulating the State’s policies and laws; participate in advising and resolving the cases of organizations and individuals when being requested.
5. Cooperate with foreign law-practicing organizations.
6. Establish branches and offices in Vietnam.
7. Open offices overseas.
8. Other rights prescribed in this Law and relevant laws.
In addition, Article 16 of Decree 123/2013/ND-CP stipulates hiring of foreign lawyers working in law-practicing organizations as follows:
A law-practicing organization may enter into labor contracts for hiring foreign lawyers, who have been granted with the law practice certificates, to work for its organization. Obligations and rights of a foreign lawyer working in a law-practicing organization are agreed upon in the labor contract in accordance with the Law on Lawyers, this Decree and relevant laws.
Within 07 working days, since the date of signing the labor contract for hiring a foreign lawyer, the law-practicing organization shall send a written notice enclosed with labor contract to the Justice Service where it is located.
Within 07 working days, since the date of terminating the labor contract for hiring a foreign lawyer, the law-practicing organization shall send a written notice Ministry of Justice and the Justice Service where it is located.
Thus, your law firm can hire foreign lawyers who have been granted licenses to practice in Vietnam to work for your organization. At the same time, you must notify in writing the Department of Justice where the company's operations are registered within 07 working days from the date of signing the labor contract to hire a foreign lawyer.
Do I have to submit an application for a law practice certificate immediately after passing the assessment of the lawyer apprenticeship in Vietnam?
I passed the bar exam 1 year ago and have not yet submitted my application for certification. Can the editorial board let me know if there is a maximum time limit for submitting the practice certificate application after having the bar exam results? Can I apply for a certificate now?
Answer: According to the 2006 Law on Lawyers and the 2012 Amended Law on Lawyers, there are no regulations on the deadline for submitting an application for a law practice certificate after passing the bar internship exam. Therefore, you can still apply for a lawyer certificate at the present time.
Pursuant to Clause 1, Article 17 of the 2006 Law on Law, amended by Clause 8, Article 1 of the 2012 Amended Law on Lawyers, regulations on the person that passes the assessment of the lawyer apprenticeship shall submit a dossier of application for the lawyer practice certificate to the Board of Directors of the bar association.
The dossier includes:
a) The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;
b) The judicial résumé;
c) The health certificate;
d) A copy of the bachelor’s degree in law or master’s degree in law;
dd) A copy of the certificate of lawyer apprenticeship assessment.
Within 07 working days as from receiving the complete and valid dossier, the Board of Directors of the bar association shall send the dossier to the Service of Justice, enclosed with the written certification that the applicant for the lawyer practicing certificate is qualified as prescribed in this law.
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