Conditions for consideration for promotion for legal aid assistants in Vietnam from November 01, 2024

Conditions for consideration for promotion for legal aid assistants in Vietnam from November 01, 2024 (Image from the Internet)

On September 6, 2024, the Minister of Justice of Vietnam issued Circular 09/2024/TT-BTP, stipulating standards and consideration for promotion for legal aid assistants in Vietnam.

Conditions for consideration for promotion for legal aid assistants in Vietnam from November 01, 2024

To be specific, Articles 2 and 3 of Circular 09/2024/TT-BTP stipulate the conditions for promoting legal aid assistants in Vietnam from November 1, 2024, as follows:

(1) Standards and conditions for registering to sit for the promotion exam for the position of legal aid assistants Grade I

legal aid assistants registering for promotion from Grade II to Grade I must meet the following standards and conditions:

- Currently holding the position of legal aid assistants Grade II and satisfying the standards for training and nurturing the position of legal aid assistants as stipulated in Article 4 Circular 05/2022/TT-BTP. To be specific:

+ Holding a bachelor's degree in law or higher;

+ Possessing a certificate of completion of lawyer training or being exempted from lawyer training;

+ Possessing a certificate of passing the legal assistance probation exam or a certificate of passing the lawyer probation exam, unless the Legal aid assistant was appointed according to Law on Legal aid 2006 or exempted from legal assistance probation according to the law.

- Meeting the standards of professional competence and expertise as stipulated in Clause 2, Article 5 Circular 05/2022/TT-BTP.

+ Mastering and being capable of applying the Communist Party's guidelines, state laws in legal assistance work;

+ Having knowledge and understanding of the legal system and specialized knowledge in various assigned legal fields;

+ Proficiently executing legal assistance duties; effectively leading legal assistance activities;

+ Having been confirmed by the Department of Legal Assistance to have successfully handled at least two cases in courts at higher levels or above;

+ Having the ability to guide professional skills and legal assistance techniques for Grade II Legal aid assistants, Grade III Legal aid assistants, and other legal aid providers; having chaired or assessed the quality of at least 20 legal assistance cases of Grade II Legal aid assistants or higher, or at least 20 cases resolved by provincial-level or higher judicial bodies.

+ Having basic IT skills, being able to use a foreign language or the local ethnic minority language for public employees working in ethnic minority areas as required by the job position;

+ Public employees must have held the position of Grade II Legal aid assistant or equivalent for a cumulative total of at least six years (72 months), including at least one year (12 months) as a Grade II Legal aid assistant by the deadline for submission of the promotion application.

- Meeting the standards and conditions specified in Point a, Clause 1, Article 32 Decree 115/2020/ND-CP (amended as per Clause 16, Article 1 Decree 85/2023/ND-CP), specifically:

Being rated at least as fulfilling tasks in the year preceding the promotion application year; possessing good political qualities and professional ethics; not being under any disciplinary action; and not being in the period of executing the regulations related to discipline according to the Communist Party and the law.

(2) Standards and conditions for registering to sit for the promotion exam for the position of legal aid assistants Grade II

legal aid assistants registering for promotion from Grade III to Grade II must meet the following standards and conditions:

- Currently holding the position of legal aid assistants Grade III and satisfying the standards for training and nurturing the position of legal aid assistants as stipulated in Article 4 Circular 05/2022/TT-BTP, specifically:

+ Holding a bachelor's degree in law or higher;

+ Possessing a certificate of completion of lawyer training or being exempted from lawyer training;

+ Possessing a certificate of passing the legal assistance probation exam or a certificate of passing the lawyer probation exam, unless the Legal aid assistant was appointed according to Law on Legal aid 2006 or exempted from legal assistance probation according to the law.

- Meeting the standards of professional competence and expertise as stipulated in Clause 2, Article 6 Circular 05/2022/TT-BTP, specifically:

+ Mastering and being capable of applying the Communist Party's guidelines, state laws in legal assistance work;

+ Having knowledge and understanding of the legal system and specialized knowledge in the assigned legal field;

+ Proficiently executing legal assistance duties; effectively implementing legal assistance activities;

+ Having been confirmed by the Department of Legal Assistance to have successfully handled at least one legal case;

+ Having the ability to guide professional skills and legal assistance techniques for Grade III Legal aid assistants and other legal aid providers;

+ Having basic IT skills, being able to use a foreign language or the local ethnic minority language for public employees working in ethnic minority areas as required by the job position;

+ Public employees must have held the position of Grade III Legal aid assistant or equivalent for a cumulative total of at least nine years (108 months), including at least one year (12 months) as a Grade III Legal aid assistant by the deadline for submission of the promotion application.

- Meeting the standards and conditions specified in Point a, Clause 1, Article 32 Decree 115/2020/ND-CP (amended as per Clause 16, Article 1 Decree 85/2023/ND-CP), specifically:

Being rated at least as fulfilling tasks in the year preceding the promotion application year; possessing good political qualities and professional ethics; not being under any disciplinary action; and not being in the period of executing the regulations related to discipline according to the Communist Party and the law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE