When registering activities of pleading, does a lawyer have to present a law practice certificate in Vietnam?

When registering activities of pleading, does a lawyer have to present a law practice certificate in Vietnam? If a lawyer is appointed, what papers should be presented in Vietnam? 

I'm a 3rd year law student. I recently attended a criminal trial for theft. When I passed by a room, I saw a lawyer registering activities of pleading, and the court asked him to present his law practice certificate. I thought he only needed his lawyer registration card, so I wonder how the law regulates this issue? And if a lawyer is appointed, what papers should be presented? Thank you!

When registering activities of pleading, does a lawyer have to present a law practice certificate in Vietnam?

Pursuant to Clause 2a, Article 78 of the 2015 Criminal Procedure Code, the above content is stipulated as follows:

2. A defense counsel, when registering activities of pleading, must present these documents:

a) A lawyer shall present his lawyer registration card with a certified copy of such, and the letter of application for defense counsel by representatives or kin of accused persons;

b) A representative of accused persons must present identity card or citizen identification card with certified copies of such, and the letter of confirmation by competent authorities of their relationship with the accused persons;

c) A people’s advocate must present his identity card or citizen identification card with certified copies of such, and the letter of appointment b the Committee and affiliations of Vietnam Fatherland Front;

d) A legal assistant or solicitor providing legal aid must present the letter of appointment by legal aid providers and his legal assistant's card or lawyer registration card, respectively, with certified copy of such.

Therefore, according to current regulations in Vietnam, a lawyer must present a lawyer registration card with a certified copy of such, and the letter of application for defense counsel by representatives or kin of accused persons. A lawyer is not required to present his law practice certificate.

When registering activities of pleading, does a lawyer have to present a law practice certificate in Vietnam? (Image from the Internet)

If a lawyer is appointed, what papers should be presented in Vietnam? 

Pursuant to Clause 3a, Article 78 of the 2015 Criminal Procedure Code, the above content is stipulated as follows:

3. If a defense counsel is appointed as per Article 76 of this Law, the following papers must be presented:

a) A lawyer shall present his lawyer registration card with certified copy of such and the letter of appointment by the law firm at which such lawyer practices law, or the letter of assignment by the bar association for individual lawyers;

b) A people's advocate shall present his identity card or citizen identification card with certified copy of such and the letter of appointment by the Committee or affiliations of Vietnam Fatherland Front;

c) A legal assistant or solicitor providing legal aid shall present his legal assistant’s card or lawyer registration card, respectively, with certified copy of such and the letter of appointment by a governmental legal aid center.

Therefore, in case of appointing a lawyer in Vietnam, he must present his lawyer registration card with certified copy of such and the letter of appointment by the law firm at which such lawyer practices law, or the letter of assignment by the bar association for individual lawyers.

Best regards!

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