11 Cases of termination of law-practicing probation in Vietnam

11 Cases of termination of law-practicing probation in Vietnam (Internet image)

1. Conditions to register for law-practicing probation in Vietnam

According to Clause 1, Article 3 of Circular 10/2021/TT-BTP, a person who meets the following conditions may register for law-practicing probation:

- Vietnamese citizens are patriotic, follow the Constitution and laws, and have high moral standards.

- Possess a Bachelor of Laws or a Master of Laws;

- Having a certificate of graduation from law training in Vietnam or a decision on recognition of overseas law training or documents proving exemption from law training but falls under the case of having to practice as a lawyer as prescribed in Clause 2, Article 16 of the Law on Lawyers 2006 (amended 2012).

2. Cases of termination of law-practicing probation in Vietnam

A probationer shall terminate his/her law practice apprenticeship when falling into one of the cases specified in Clause 2 and Article 11 of Circular 10/2021/TT-BTP, specifically as follows:

(1) Self-termination of the law practice apprenticeship;

(2) Being recruited as cadres, civil servants, and public employees; officers, professional soldiers, and defense workers in agencies and units of the people's army; officers, non-commissioned officers, and workers in agencies and units of the People's Public Security;

(3) No longer residing in Vietnam on a permanent basis;

(4) Loss or restriction of civil act capacity; difficulty perceiving and mastering civil law-mandated behavior;

(5) Being prosecuted for criminal liability;

(6) Convicted for which the judgment has taken legal effect;

(7) Being subject to administrative handling measures and sending them to compulsory detoxification establishments or compulsory education establishments;

(8) To be disciplined in the form of a temporary suspension of the law practice probationary period from 3 to 6 months or to be removed from the list of apprentices of the Bar Association;

(9) Suspend the probationary period more than once, or the probationary suspension period has expired as specified in Clause 1, Article 11 of Circular 10/2021/TT-BTP without continuing the probationary period;

(10) Persons who are practicing law and are found to not satisfy the conditions specified in Clause 1 of Article 3 of Circular 10/2021/TT-BTP;

(11) Person whose name is withdrawn from the list of apprentices of the Bar Association as prescribed in Clause 3 and Article 10 of Circular 10/2021/TT-BTP.

The probationary period before termination of the probationary period specified in Section 2 shall not be included in the total probationary period.

3. Contents of law-practicing probation in Vietnam in Vietnam

Specifically, Article 6 of Circular 10/2021/TT-BTP stipulates the content of law practice probation as follows:

- Law on lawyers and law practice; Code of ethics and professional conduct for Vietnamese lawyers

- Ability to conduct research, collect documents, and propose solutions to case files.

- Ability to participate in legal proceedings as an advocate for people who have been arrested, detained, accused, or accused, or as defenders of victims, civil plaintiffs, civil defendants, or people with related interests and obligations in criminal cases.

- Competence to participate in legal proceedings as representatives or defenders of plaintiffs' and defendants' legitimate rights and interests, as well as persons with related interests and obligations, in civil, marriage and family, business, commerce, labor disputes, and other cases and affairs as prescribed by law.

- Legal consulting skills

- The ability to represent clients outside of legal proceedings and perform legal work.

- Skills to perform other legal services.

Thanh Rin

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