Conditions for lawyers to be eligible to guide probationer in law practice in Vietnam

Conditions for lawyers to be eligible to guide probationer in law practice in Vietnam (Internet image) 

1. Regulations on lawyers to be eligible to guide probationer in law practice in Vietnam

1.1 Conditions for lawyers to be eligible to guide probationer in law practice in Vietnam

According to Clause 1, Article 8 of Circular 10/2021/TT-BTP, Vietnamese lawyers who are practicing in a law-practicing organization, have at least 03 years of professional experience, and have a good reputation, if not during the period of being subject to disciplinary measures or being considered for disciplinary action according to the provisions of the Charter of the Vietnam Bar Federation, may be guided in law practice.

Counseling lawyers who are sanctioned for administrative violations in law practice activities in accordance with the law on handling administrative violations after one year, from the date of completing the execution of the sanctioning decision, he/she will be entitled to probationary instruction.

* Note: At the same time, a lawyer cannot guide more than 03 apprentices.

1.2 In case of refusal to guide the probationer

- Lawyers must refuse to provide probationary guidance when they do not satisfy the conditions specified in Section 1.1 or discover that the probationers do not meet the conditions specified in Clause 1, Article 3 of Circular 10/2021/TT-BTP as follows:

+ Vietnamese citizens are loyal to the Fatherland, abide by the Constitution and laws, and have good moral qualities;

+ Possessing a bachelor's degree in law or a master's degree in law;

+ 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 falling into the case of having to practice as a lawyer as prescribed in Clause 2, Article 16 of the Law on Lawyers.

- During the probationary process, the guiding lawyer refuses to continue to guide the probationary period when the apprentice no longer meets the conditions specified in Clause 1, Article 3 of Circular 10/2021/TT-BTP or be disciplined by one of the forms specified at Points c and d, Clause 1, Article 33 of Circular 10/2021/TT-BTP as follows:

+ Temporarily suspending the law practice probationary period from 3 to 6 months;

+ Removing name from the list of apprentices of the Bar Association.

(Clause 2, Article 8 of Circular 10/2021/TT-BTP)

1.3 Cases of changing the guiding lawyer in Vietnam

The guiding lawyer is changed when falling into one of the cases specified in Clause 3, Article 8 of Circular 10/2021/TT-BTP as follows:

- Failing to satisfy the conditions to guide the lawyer's probationary practice as prescribed in Section 1.1;

- Failing to fully perform the obligations of the lawyer guided by the provisions of Circular 10/2021/TT-BTP;

- Having their law practice certificate revoked;

- Due to death, health, or other objective reasons, it is impossible to continue guiding the law practice probationary period.

When changing a lawyer to guide the exam, the law-practicing organization receiving the probationary period shall assign another lawyer in its organization to continue guiding the apprentice and send a written notice to the Bar Association.

2. Responsibilities of the lawyer guiding the law practice probationary period in Vietnam

The responsibilities of a lawyer guiding the practice of law are specified in Article 13 of Circular 10/2021/TT-BTP as follows:

- Guide the apprentice according to the content of the apprenticeship, the exercise of the rights and obligations of the apprentice.

- Monitor, examine, and supervise the performance of the apprentice's tasks as assigned by him/her, and confirm them in the apprentice's log book.

- Comment on the probationary process, clearly stating the advantages and limitations of capacity, professional qualifications, practice skills, sense of law compliance, sense of organization, and discipline, and the implementation of the Code of Ethics and Professional Conduct for Vietnamese Lawyers by the apprentices.

- Take responsibility for the probationary process of the apprentice; create conditions for apprentices to complete the probationary period; not obstruct or restrict the probationer from exercising his/her rights as prescribed by law; take responsibility for the cases and tasks performed by the apprentice according to his/her assignment and instructions.

- Promptly report to the law-practicing organization accepting the probation the probationer's failure to fully perform the probationer's obligations, violating the provisions of this Circular and relevant laws during the probationary period.

- Refuse to guide the apprentice when he falls into the cases specified in Section 1.2.

- Other responsibilities related to the probationary training as assigned by the law-practicing organization accepting the probation, the provisions of Circular 10/2021/TT-BTP, and relevant laws.

Van Trong

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