Latest procedures for reissuing law practice certificates in cases of revocation in Vietnam

Latest procedures for reissuing law practice certificates in cases of revocation in Vietnam (Internet image)

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

Latest procedures for reissuing law practice certificates in cases of revocation in Vietnam

(1) Procedures:

- Individuals whose law practice certificates have been revoked according to points a, b, c, e, and k, Clause 1, Article 18 of the Law on Lawyers, and who meet the lawyer criteria specified in the Law on Lawyers, and the reasons for the revocation of the certificates no longer have their application files for reissuing law practice certificates sent to the Chairman of the c.

- Individuals whose law practice certificates have been revoked according to points d and đ, Clause 1, Article 18 of the Law on Lawyers, will be considered for reissuing law practice certificates upon request.

- Individuals whose law practice certificates have been revoked according to points g, h, and i, Clause 1, Article 18 of the Law on Lawyers will be considered for reissuing law practice certificates when they meet the criteria in Article 10 of the Law on Lawyers and fulfill the conditions specified in Clause 3, Article 19 of the Law on Lawyers.

* For cases meeting the requirements of the lawyer apprenticeship examination:

Within seven working days from the date of receiving complete and valid documents, the Chairman of the Bar Federation will transfer the file to the Ministry of Justice, accompanied by a confirmation letter from the applicant for reissuing law practice certificates, confirming their fulfillment of the lawyer criteria as prescribed by the Law on Lawyers.

Within seven working days from the date of receiving complete and valid documents, the Ministry of Justice is responsible for examining the file. If necessary, they will verify the legality of the documents and provide a recommendation letter along with the file for reissuing law practice certificates, which will be sent to the Ministry of Justice.

Within twenty days from the date of receiving complete and valid documents, the Minister of Justice will decide on the reissuance of law practice certificates.

* For cases exempt from lawyer apprenticeship:

Within seven working days from the date of receiving complete and valid documents, the Ministry of Justice, where the individual is registered, is responsible for examining the file. If necessary, they will verify the legality of the documents and provide a recommendation letter along with the file for reissuing law practice certificates, which will be sent to the Ministry of Justice.

Within twenty days from the date of receiving complete and valid documents, the Minister of Justice will decide on the reissuance of law practice certificates.

(2) Submission method:

The documents can be submitted directly, through the postal system, or online (if the administrative procedure is available online) to the Bar Federation for individuals who meet the requirements of the lawyer apprenticeship examination.

The documents can be submitted directly, through the postal system, or online (if the administrative procedure is available online) to the Ministry of Justice at the place of residence for individuals exempt from lawyer apprenticeship.

(3) Document requirements:

- Application for reissuing law practice certificates.

- Judicial record certificate.

- Health certificate.

- Copy of Bachelor's Degree in Law or Master's Degree in Law, excluding those who are professors, associate professors specializing in law, or doctoral degree holders in law.

- Copy of the lawyer apprenticeship examination results for individuals meeting the examination requirements, or copy of the documents proving exemption from lawyer apprenticeship as stipulated in Clause 1, Article 16 of the Law on Lawyers for cases exempt from lawyer apprenticeship, including one of the following documents:

+ Copy of the Appointment Decision, reappointment decision of judges, prosecutors, investigators, or the Resolution of the People's Council, or the Record of Judge Election of the People's Council for cases where the district-level or provincial-level People's Council appoints judges.

+ Copy of the Professorship Decision, Associate Professorship Decision in law, or copy of the doctoral degree in law.

+ Copy of the Appointment Decision, reappointment decision of senior court appraisers, senior prosecution appraisers, chief court appraisers, chief prosecution appraisers, or Appointment Decision of senior specialists, senior researchers, senior lecturers, chief specialists, chief researchers, chief lecturers in the field of law.

+ Copy of the Recruitment Decision, employment contract in the field of law.

+ Other legitimate documents proving exemption from lawyer apprenticeship or reduction in apprenticeship period.

(4) Number of sets of documents: 01 set.

(5) Processing time:

Within seven working days from the date of receiving complete and valid documents, the Chairman of the Lawyers Association will transfer the file to the Ministry of Justice, accompanied by a confirmation letter from the applicant for reissuing law practice certificates, confirming their fulfillment of the lawyer criteria as prescribed by the Law on Lawyers.

Within seven working days from the date of receiving complete and valid documents, the Ministry of Justice is responsible for examining the file. If necessary, they will verify the legality of the documents and provide a recommendation letter along with the file for reissuing law practice certificates, which will be sent to the Ministry of Justice.

Within twenty days from the date of receiving complete and valid documents, the Minister of Justice will decide on the reissuance of law practice certificates.

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

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