Legal aid trainee in Vietnam and 5 must-know things

Legal aid trainee in Vietnam and 5 must-know things

1. Who are legal aid trainees in Vietnam?

Pursuant to Article 23 of the Circular 08/2017/TT-BTP stipulating legal aid trainees in Vietnam as follows:

Public employees working at a state legal aid center (hereinafter referred to as "Center"), who are holding a certificate of graduation from law training or are exempted from law training, can be offered a legal aid training probation at the Center in accordance with the Law on Lawyers.

2. Responsibilities of legal aid trainees in Vietnam

Pursuant to Article 24 of the Circular 08/2017/TT-BTP stipulating responsibilities of Center, legal aid trainees, and instructors as follows:

- Within 03 working days from the date of receiving the request, the Center shall decide to assign an instructor to guide the trainee. In case of refusal, the Center must notify in writing and clearly state the reason.

- Trainees are guided by their instructors in professional activities as prescribed in Clause 2, Article 20 of the Law on Legal Aid;

Trainees are responsible for complying with the regulations and principles of legal aid activities, the rules and regulations of the legal aid provider; responsible for the results and progress of the assigned tasks.

At the end of the probation period, the trainee must have a report on their own results.

- Instructors are responsible for supervising, inspecting and taking responsibility for the jobs that they assign to the trainees; giving comments on the trainee's results report.

3. Probation period for legal aid trainees in Vietnam

Pursuant to Article 25 of the Circular 08/2017/TT-BTP stipulating probation period for legal aid trainees in Vietnam as follows:

- The legal aid probation period (probation period) is counted from the date of issuance of the decision on assignment of instructors.

Persons eligible for a reduction of two-thirds of their law practice probation period in accordance with the Law on Lawyers shall have a probation period of four months;

Persons eligible for a reduction of half of their law practice probation period in accordance with the Law on Lawyers shall have a probation period of 6 months.

In case there is a change in the place of probation, the probation period shall continue from the date on which the center where it moves to issue a decision on assignment of an instructor. The probation period shall be the total probation time of that person at the Centers where he or she works.

Note: Persons who are exempted from law practice probation in accordance with the law on lawyers are exempt from legal aid training probation

4. Change the place of legal aid training probation

- When changing the place of work to another local Center, the trainee shall request in writing, enclosed with a report on the probation results, with comments of the instructors , to the center where he is practicing.

- Within 03 working days from the date of receipt of the request as prescribed in Clause 1 of this Article, the Center, where the trainee is working, shall send a document to the Center where the trainee moves to, stating: specify the period of probation, the number of times of probation suspension (if any).

(Article 26 of the Circular 08/2017/TT-BTP)

5. Suspension of legal aid training probation in Vietnam

- During the probationary period, the trainee may suspend his/her probationary period but must notify in writing to the center where he/she is on probation.

- A person who has a 12-month probation period is entitled to suspension up to 02 times, each time not exceeding 06 months;

A person who has a 6-month probation period may suspend his/her probation once for no more than 6 months.

- The suspended period is not included in the probationary period.

The period before being suspended is included in the total probation period.

(Article 27 of the Circular 08/2017/TT-BTP)

Ngoc Nhi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE