How much is fine for law-practicing organizations that assign a lawyer to guide more than three apprentices in Vietnam?

How much is fine for law-practicing organizations that assign a lawyer to guide more than three apprentices in Vietnam?

In Clause 2, Article 7 of Decree No. 82/2020/ND-CP stipulating violations of regulations on activities of law-practicing organizations as follows:

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Failing to notify in writing the competent agency or organization of the establishment of a law-practicing establishment abroad or the termination of operation of the overseas law-practicing establishment;

b) Failing to notify or report in writing to competent agencies or organizations on operation registration, change in operation registration contents, operation suspension, self-termination, consolidation, merger and transformation of practice organizations;

c) Failing to notify or report in writing to the competent authority on the suspension, resumption of operation or self-termination of the branch of a foreign law-practicing organization or foreign law firm, branches of foreign law firms in Vietnam;

d) Failing to notify in writing the competent authority of the hiring of a foreign lawyer;

dd) Failing to report on organization and operation to competent agencies;

e) Failing to publish contents of operation registration or changes to operation registration of a law-practicing organization;

g) Failing to register changes to operation registration contents;

h) Failing to publish newspapers or notices on the establishment of a foreign law-practicing organization in Vietnam;

i) Assigning 01 lawyer to guide more than 03 trainees in law practice at the same time;

k) Failing to have a signboard or using a signboard that does not conform to the contents of the operation registration certificate;

l) Accepting a person who is not eligible for law practice probation to practice at his/her organization; refusing to accept law-practicing apprentices as assigned by the Bar Association without a plausible reason;

m) Failing to buy professional liability insurance for the lawyer of their organization;

n) Failing to appoint the right person to work or fail to provide or provide incomplete, inaccurate or delayed information, papers and documents at the request of a competent authority.

According to this Article, a law-practicing organization that assigns a lawyer to guide more than three apprentices shall be subject to a fine of between VND 10,000,000 and 15,000,000 according to the provisions of law in Vietnam.

What are responsibilities of the law-practicing organizations accepting apprentices in Vietnam?

Article 14 of Circular 10/2021/TT-BTP stipulates responsibilities of a law-practicing organization accepting probation as follows:

1. Issue certificates of acceptance of law practice probation to probationers, assign lawyers who fully satisfy the conditions prescribed in this Circular to guide the interns and take responsibility for such assignment. 

2. Agree to sign a labor contract with the apprentice; ensure the exercise of the rights and obligations of the apprentice, create favorable conditions for the apprentice and the lawyer to guide the apprentice at his/her organization.

3. Make, manage and use the book to monitor the probationary process of the trainees at their organizations according to the form promulgated together with this Circular.

4. Monitor and inspect the exercise of rights and obligations of the guiding lawyer, and the rights and obligations of the apprentice under the provisions of this Circular.

5. Manage apprentices during the probationary period at their organizations; consider and handle violations against apprentices in accordance with this Circular.

6. Mediation of disputes between the guiding lawyer and the apprentice.

7. Refuse to accept apprentices in cases where the apprentices do not meet the conditions specified in Clause 1, Article 3 of this Circular , and the law-practicing organization accepting the probation no longer has a qualified lawyer to guide under the provisions of this Circular; terminate the receipt of guidance on probationary law practice in case the probationer is disciplined by one of the forms specified at Points c and d, Clause 1, Article 33 of this Circular.

8. Consider the refusal, change the guiding lawyer.

9. Report in writing to the Department of Justice or the Bar Association where the law-practicing organization is located on the organization and operation in accordance with law, including the contents of a trainee's law practice internship, including the following information:

a) Number of apprentices at the law-practicing organization;

b) Assessment of the probationary quality of the apprentice;

c) The exercise of rights and obligations of law-practicing organizations, guiding lawyers and trainees according to the provisions of this Circular;

d) Difficulties and obstacles in the process of accepting the probationary period and making proposals and recommendations.

10. Send the Bar Association a list of people who terminate and complete the probationary period within 15 days from the date of termination or completion of the probationary period.

11. Other responsibilities as agreed with the apprentice and prescribed by law.

Thus, according to the law in Vietnam, the law-practicing organization accepting the probation has the responsibilities as mentioned above.

What are regulations on content of law practice probationary period in Vietnam?

Article 6 of Circular 10/2021/TT-BTP stipulates the content of law practice probation as follows:

1. Law on lawyers and law practice, Code of ethics and professional conduct for Vietnamese lawyers.

2. Skills to research, collect documents and propose a way to solve case files.

3. Skills to participate in legal proceedings as an advocate for persons arrested, detained, accused or defendants or as defenders of interests of victims, civil plaintiffs and civil defendants , who have related interests and obligations in a criminal case.

4. Skills to participate in proceedings as representatives or defenders of legitimate rights and interests of plaintiffs, defendants, persons with related interests and obligations in civil dispute cases, marriage and family, business, commerce, labor, administration, civil claims, marriage and family, business, commerce, labor and other affairs as prescribed by law.

5. Legal consulting skills.

6. Skills to represent outside of legal proceedings for clients to perform work related to the law.

7. Skills to perform other legal services.

Above are the legal provisions on the content of the practice of law practice in Vietnam.

Best regards!