Procedure for Initial Issuance of Lawyer's Practicing Certificate

Legal Basis: Law on Lawyers 2006, Circular 220/2016/TT-BTC, Decree 137/2018/ND-CP.

1. Conditions and Standards:

- A Vietnamese citizen must be loyal to the fatherland, comply with the Constitution and the law, possess good moral character, hold a bachelor's degree in law, have completed lawyer training, undergone a period of legal practice apprenticeship, and must meet the requirements of the legal practice apprenticeship assessment.

- Must not fall into one of the following categories:

+ Currently being officials and public employees; officers, professional soldiers, defense workers in agencies, units belonging to the People's Army; officers, non-commissioned officers specializing in operations, officers, non-commissioned officers specialized in technical fields in agencies, units under the People's Public Security;

+ Not residing permanently in Vietnam;

+ Being prosecuted; having been convicted without the criminal record being expunged for unintentional offenses or minor intentional offenses; having been convicted of serious, very serious, or particularly serious intentional offenses;

+ Being subject to administrative measures requiring placement in a medical facility, educational institution, or subject to administrative probation;

+ Lacking civil act capacity or having restricted civil act capacity;

+ Those specified in point a of this clause who have been dismissed and not yet completed three years from the effective date of the dismissal decision.

- Must meet the requirements of the legal practice apprenticeship assessment.

Note: According to Clause 2 Article 1 of Decree 137/2018/ND-CP, cases considered not meeting the standards of compliance with the Constitution and law, not meeting the ethical standards to become lawyers include:

- Individuals who have been disciplined according to the regulations on officials and public employees where the disciplinary decision has not yet expired or have been disciplined by dismissal and not yet completed three years from the effective date of the dismissal decision;

- Those who have been administratively handled in certain areas such as judicial support, legal aid, state secrets,... or involved in bribery but not yet completed one year from the date of fulfilling the penalty decision;

- Those who have been administratively handled or disciplined or faced criminal charges for violating laws; those with statements or conduct that affect the reputation of the legal profession...

2. Document Components

The dossier includes:

- An application form for a lawyer practicing certificate issued by the Ministry of Justice;

- Judicial record card;

- Health certificate;

- Copy of bachelor's or master's degree in law;

- Copy of the certificate of legal practice apprenticeship assessment.

Note: Persons exempted from legal practice apprenticeship must provide an additional copy of the document proving the exemption from legal practice apprenticeship.

3. Issuance Procedure

Within 07 working days from the date of receiving a complete dossier, the Department of Justice is responsible for checking the dossier, and if necessary, verifying its legality and sending a written proposal along with the dossier for issuing the lawyer practicing certificate to the Ministry of Justice.

4. Issuance Authority: Minister of Justice.

5. Resolution Time: 20 days from the date of receiving a complete dossier.

6. Issuance Fee: 100,000 VND.

For information on the conditions, standards, dossiers, procedures for applying for other practicing certificates, please refer to: Practicing Certificate Information.

Respectfully!