I am learning about the legal profession, so I want to know what are the current procedures for granting a lawyer practicing certificates in Vietnam? - Yen Trang (Can Tho, Vietnam)
Article table of contents
Procedures for issuing the lawyer practicing certificates in Vietnam in 2022 (Source: Internet)
1. Application for issuance of a lawyer practicing certificate in Vietnam
1.1. Application for person that passes the assessment of the lawyer apprenticeship in Vietnam
Application for issuance of a lawyer practicing certificate of person that passes the assessment of the lawyer apprenticeship includes:
(1)The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;
(2) The judicial résumé;
(3) The health certificate;
(4) A copy of the bachelor’s degree in law or master’s degree in law;
(5) A copy of the certificate of lawyer apprenticeship assessment.
1.2. Application for person exempted from lawyer apprenticeship in Vietnam
Application for issuance of a lawyer practicing certificate of person exempted from lawyer apprenticeship includes:
(1) Papers (1), (2), (3) Section 1.1
(2) Papers (4) Section 1.1, except for professors, associate professors of laws, and doctors of law;
(3) The copy of the document proving the exemption from lawyer apprenticeship prescribed in Clause 1, Article 16 of the Law on Lawyers 2006 (amended in 2012).
Article 17 of Law on Lawyers 2006 (amended in 2012)
2. Procedures for issuing the lawyer practicing certificates in Vietnam
Article 17 of the Law on Lawyers 2006 (amended in 2012) provides for the grant of a lawyer practicing certificate as follows:
- The person that passes the assessment of the lawyer apprenticeship shall submit a dossier of application for the lawyer practice certificate to the Board of Directors of the bar association.
Within 07 working days as from receiving the complete and valid dossier, the Board of Directors of the bar association shall send the dossier to the Service of Justice, enclosed with the written certification that the applicant for the lawyer practicing certificate is qualified as prescribed in this law.
- The person exempted from lawyer apprenticeship shall submit a dossier of application for the lawyer practicing certificate to the local Service of Justice.
- Within 07 working days as from receiving the complete and valid dossier, the Service of Justice shall check the dossier, verify the validity of the dossier if necessary, and send the written request enclosed with the dossier of application for the lawyer practicing certificate to the Ministry of Justice.
Within 20 days as from receiving the complete and valid dossier, the Minister of Justice shall decide the issue of the lawyer practicing certificate;
The refusal must be explained and notified in writing to the applicant and the Service of Justice where the dossier of application is submitted.
The refused person may file complaints or lawsuits as prescribed by law.
3. Cases ineligible to be granted a lawyer practicing certificate in Vietnam
A person shall not be issued with the lawyer practicing certificate in one of the following cases:
- Not being qualified as a lawyer as prescribed in Article 10 of the Law on Lawyers (amended in 2012);
- Being an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army; a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;
- Not residing permanently in Vietnam;
- Being liable to criminal prosecution; has been convicted and condemned and criminal record of an unintentional or not serious crime is not expunged; has been convicted of a serious and intentional crime, a very serious and intentional crime, a particularly serious and intentional crime, even the criminal record has been expunged;
- Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;
- Being incapable of civil acts;
- Persons specified at Point b, Clause 4, Article 17 of the Law on Lawyers 2006 (amended in 2012) that have been dismissed within 3 years from the decision on dismissal takes effect.
(Clause 4, Article 17 of the Law on Lawyers 2006 (amended in 2012)
Ngoc Nhi
