New Draft Regulations on Continuing Professional Development for Lawyers
Reducing the time for professional training for lawyers, removing a Lawyer’s name from the Bar Association list if the Lawyer does not participate in professional training, and changing the cases eligible for exemption or reduction from participation in professional training are notable new provisions in the Draft regulations on the obligation to participate in professional and specialized training for Lawyers.
Article table of contents
1. Reduce by half the professional training duration for lawyers
The Draft proposes two options regarding the training duration for lawyers. Option 1 retains the regulation as stated in Circular 10/2014/TT-BTP, which stipulates that the minimum participation duration is 02 working days/year (16 working hours/year).
Meanwhile, Option 2 reduces the training duration to 01 working day/year (08 working hours/year).
2. Remove a lawyer's name from the Bar Association List if professional training is not attended
This is the highest disciplinary action and is applied in cases where a lawyer does not fulfill the training obligation for 03 consecutive years or has been suspended from the bar association but reoffends.
3. Change in cases of exemption or reduction from training participation
Currently, Circular 10/2014/TT-BTP stipulates that lawyers who participate in teaching law or receive training abroad are exempt from the obligation to participate in training.
However, the new Draft has changed this regulation; according to it, lawyers are exempt from the obligation to participate in training if they fall into one of the following categories:
- Lawyers serving as a National Assembly delegate or a People's Council delegate of provinces and cities under central authority;- Women with children under 12 months of age are exempt from the training obligation for one year and may choose the year of exemption;- Lawyers aged 75 and above.
The Draft Regulation on the obligation of lawyers to participate in professional training is expected to be effective in 2018.
