Recently, the Prime Minister of Vietnam has issued the Decision No. 34/2020/QĐ-TTg introducing classification list of occupations of Vietnam, effective from January 15, 2021. According to this Decree, the lawyer profession falls under the category of occupations that require in-depth expertise, corresponding to a university degree.
Article table of contents
1. Lawyer is a profession that requires in-depth expertise corresponding to a university degree
According to the Appendix I issued together with the Decision No. 34/2020/QĐ-TTg of the Prime Minister of Vietnam, the lawyer profession belongs to skill level 4 – representing complex tasks, requiring in-depth expertise, corresponding to a university degree.
Note: According to the Appendix II issued together with the Decision No. 34/2020/QĐ-TTg, skill is the ability to perform the tasks of a certain job. The skill level represents the difficulty and complexity in performing the task, there are 5 skill levels as follows:
- Skill level 1: Simple task, only requires health, know how to calculate;
- Skill level 2: Task requires knowing about the expertise of the job, having a certain level of expertise equivalent to elementary;
- Skill level 3: More complex tasks, requiring higher expertise than skill level 2, corresponding to intermediate or college level;
- Skill level 4: Complex tasks, requiring in-depth expertise, corresponding to university level;
- Skill level 5: The most complex task, requiring deep and wide expertise, corresponding to the graduate level.
Thus, the lawyer profession belongs to skill level 4 - representing complex tasks, requiring in-depth expertise, corresponding to university degrees.
2. Main tasks of the lawyer profession
According to the Appendix II issued together with the Decision No. 34/2020/QĐ-TTg of the Prime Minister of Vietnam, the lawyer profession provides legal services at the request of individuals, agencies and organizations. Lawyer's legal services include legal participation, legal advice, non-court representation for clients and other legal services. The main duties of a lawyer include:
- Participate in proceedings as advocates for detainees, suspects, defendants or as protectors of legitimate rights of crime victims, civil plaintiffs or defendants, parties with interests and duties related to criminal lawsuit;
- Participate in proceedings as representatives or protectors of legitimate rights of plaintiffs or defendants, parties with interests and duties related to cases of civil, marriage and family, business, trade, labor, administration, matters regarding civil, marriage, family, business, trade, labor and other cases as prescribed by law;
- Provide legal advice;
- Non-court representation for clients to carry out legal work;
- Other legal services in accordance with law.
Note: The profession of lawyers participating in legal proceedings, consulting lawyers and other lawyers will fall under skill level 5 – the most complex task, requiring extensive and deep expertise, corresponding to the graduate level.
3. A legal expert is not a lawyer
According to the Appendix I issued together with the Decision No. 34/2020/QĐ-TTg of the Prime Minister of Vietnam, expert in law is at skill level 3 - more complex tasks, requiring higher expertise than skill level 2, corresponding to intermediate or college level.
Legal experts shall conduct research and advise on legal issues, lawsuits or prosecutions at court, preside over judicial proceedings in court, draft laws and regulations. The main duties of a legal expert include: provide clients with legal advice, conduct lawful business for clients, act on behalf of and conduct litigation where necessary, or preside over judicial proceedings and sentencing in the courts. This group also includes supervision of other workers.
Thus, a law expert is not a lawyer, the professional skill level of a law expert is 1 level lower than that of a lawyer and only requires an intermediate or college degree.
Le Vy
- Key word:
- Decision No. 34/2020/QĐ-TTg
- lawyer
