Latest procedures for issuing law practice certificates to individuals who meet the requirements of trainee examination results in Vietnam

Latest procedures for issuing law practice certificates to individuals who meet the requirements of trainee examination results in Vietnam
Quốc Tuấn

On May 17, 2024, the Ministry of Justice issued Decision 849/QD-BTP on announcing amended administrative procedures related to lawyers under the Ministry of Justice of Vietnam.

Latest procedures for issuing law practice certificates to individuals who meet the requirements of trainee examination results in Vietnam

Latest procedures for issuing law practice certificates to individuals who meet the requirements of trainee examination results in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

Latest procedures for issuing law practice certificates to individuals who meet the requirements of trainee examination results in Vietnam

(1) Procedures:

- Individuals who meet the requirements of the trainee examination results for the legal profession submit their application for the issuance of a law practice certificate to the Head of the Bar Federation.

- Within seven working days from the date of receiving the complete and valid application documents, the Head of the Bar Federation forwards the documents to the Department of Justice, along with a confirmation letter from the applicant meeting the lawyer's standards as stipulated in the Law on Lawyers 2006.

- Within seven working days from the date of receiving the complete and valid application documents, the Department of Justice is responsible for reviewing the documents and, if necessary, conducting verification of the legality of the documents and providing a written recommendation along with the application for the issuance of the law practice certificate to the Ministry of Justice.

- Within twenty days from the date of receiving the complete and valid application documents, the Minister of Justice decides to issue the law practice certificate. In case of refusal, it must be notified in writing, stating the reasons to the applicant and the Department of Justice where the application documents were submitted.

(2) Submission method: The documents are submitted directly, through postal systems, or online (if the administrative procedure is available online) to the Bar Federation.

(3) Document requirements:

- Application for the issuance of the law practice certificate according to the form issued by the Ministry of Justice.

- Judicial biography form.

- Health certificate.

- Copy of Bachelor's degree in Law or Master's degree in Law.

- Copy of the Trainee Examination Results Certificate for the legal profession.

- Explanatory document and commitment regarding compliance with the Constitution and laws, having good moral qualities, and confirmation from the last place of work or from the local police station where the person resides (for cases specified in Clause 2, Article 2a of Decree 137/2018/ND-CP).

Note: In cases where it is necessary to obtain information about the applicant's place of residence for the issuance of the law practice certificate, the officials, public employees, or individuals responsible for receiving and processing administrative procedures and providing public services are allowed to access and extract residency information from the national population database according to the methods specified in Clause 2, Article 14 of Decree 104/2022/ND-CP.

If it is not possible to access residency information through the methods mentioned in Clause 2, Article 14 of Decree 104/2022/ND-CP, the competent authority, officials, public employees, or individuals responsible for receiving and processing administrative procedures and providing public services can request the citizen to submit a certified copy or present one of the valid documents proving residency information as specified in Clause 3, Article 14 of Decree 104/2022/ND-CP. The types of valid documents proving residency information are stipulated in Clause 4, Article 14 of Decree 104/2022/ND-CP, including:

- Citizen Identity Card,

- National identification card,

- Certificate of residency information,

- Notice of personal identification number and citizen information in the national population database.

(4) Number of application sets: 01 set.

(5) Processing time:

Within seven working days from the date of receiving the complete and valid application documents, the Head of the Bar Federation forwards the documents to the Department of Justice, along with a confirmation letter from the applicant meeting the lawyer's standards as stipulated in the Law on Lawyers 2006.

Within seven working days from the date of receiving the complete and valid application documents, the Department of Justice is responsible for reviewing the documents and, if necessary, conducting verification of the legality of the documents and providing a written recommendation along with the application for the issuance of the law practice certificate to the Ministry of Justice.

Within twenty days from the date of receiving the complete and valid application documents, the Minister of Justice decides to issue the law practice certificate.

(6) Subjects performing the administrative procedure: individuals.

(7) Administrative authority: Ministry of Justice, Department of Justice.

(8) Result of the administrative procedure: Decision to issue the law practice certificate.

(9) Fee and charge:

- Fee: 100,000 VND per application.

- Charge: 800,000 VND per application.

More details can be found in Decision 849/QD-BTP, which comes into force from May 15, 2024.

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