To become a Lawyer in general, and an outstanding Lawyer in particular, what conditions must Law students fulfill, and what must they do? Perhaps this is a question that most Law students are deeply concerned about. The following article will help you answer these questions.
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According to the current regulations in the Law on Lawyers 2006, a lawyer is a person who meets the qualifications and conditions for practicing law as prescribed by this Law, providing legal services at the request of individuals, agencies, and organizations (collectively referred to as clients), including participation in legal proceedings, legal consulting, representation outside of proceedings for clients, and other legal services.
To become a talented lawyer, first and foremost, law students need to meet the standards and conditions for practicing law. Specifically, they must be Vietnamese citizens loyal to the Fatherland, comply with the Constitution and the law, possess good moral qualities, have a bachelor's degree in law, have undergone legal training, completed a legal apprenticeship, be in good health to practice law, and also possess a Lawyer Practicing Certificate and be a member of a Bar Association.
First, regarding legal training, Article 12 of the Law on Lawyers 2006 and Section 4, Article 1 of the Amended Law on Lawyers 2012 stipulate that individuals with a bachelor's degree in law can attend a legal vocational training course at a legal vocational training center. The duration of legal vocational training is twelve months. Individuals who complete the legal vocational training program will be issued with a Certificate of Legal Vocational Training by the training center.
According to Article 1 of Circular 17/2011/TT-BTP, a Certificate of Legal Vocational Training obtained abroad is recognized in the following cases:
- The Certificate of Legal Vocational Training obtained abroad is issued by a foreign training center within the scope of an agreement on diploma equivalence or mutual recognition of diplomas or an international treaty related to diplomas to which the Socialist Republic of Vietnam is a signatory or member;- The Certificate of Legal Vocational Training obtained abroad is issued by a training center whose programs are recognized by the quality assurance agency of that country or by the competent authority of that country with the authority to establish and grant diplomas, certificates, or certificates of legal vocational training obtained abroad.
Individuals with a Certificate of Legal Vocational Training issued by a competent foreign authority seeking recognition in Vietnam must submit an application dossier including a Request for Recognition of the Certificate of Legal Vocational Training obtained abroad, the Certificate of Legal Vocational Training obtained abroad, a copy of the academic transcript from the foreign educational institution, documents proving eligibility for recognition as mentioned above, and other related documents to the Ministry of Justice for consideration. Within fifteen days from the date of receipt of a complete and valid dossier, the Minister of Justice shall issue a decision recognizing the Certificate of Legal Vocational Training obtained abroad.
Note, the following individuals are exempt from legal vocational training:
- Judges, procurators, investigators.- Professors, associate professors specializing in law; Doctor of Law.- Senior court examiners, senior prosecutor examiners; senior specialists, senior research fellows, senior lecturers in the field of law.- Principal court examiners, principal prosecutor examiners; principal specialists, principal research fellows, principal lecturers in the field of law.
Thus, it can be seen that the law does not require all individuals to undergo legal vocational training to become a lawyer, but there are certain exceptions.
Under Article 2 of Decree 123/2013/ND-CP, legal vocational training centers include the Judicial Academy under the Ministry of Justice and legal vocational training centers under the Vietnam Bar Federation.
Second, regarding legal apprenticeship, according to Article 14 of the Law on Lawyers 2006 and Section 5, Article 1 of the Amended Law on Lawyers 2012, individuals with a Certificate of Legal Vocational Training or senior court examiners, principal prosecutor examiners, principal specialists, principal research fellows, principal lecturers in the field of law can apprentice at a law practice organization.
The duration of the legal apprenticeship is twelve months, except for cases where the apprenticeship duration is exempted or reduced for the following individuals:
- Primary investigators, senior court examiners, principal prosecutor examiners, principal specialists, principal research fellows, and principal lecturers in the field of law are exempted from two-thirds of the apprenticeship period.- Individuals with ten or more years of working experience as specialists, research fellows, or lecturers in the field of law, court examiners, prosecutor examiners shall be exempted from half of the apprenticeship period.
The legal apprenticeship period shall be counted from the date of registration for apprenticeship with the Bar Association.
A law practice organization assigns a lawyer to guide the apprentice. At any given time, one lawyer cannot guide more than three apprentices.
An apprentice shall register for apprenticeship with the Bar Association at the locality where the law practice organization is headquartered and will be issued an Apprentice Lawyer Certificate by the Bar Association. The Bar Association supervises the legal apprenticeship process.
An apprentice is allowed to assist the guiding lawyer in professional activities but is not permitted to represent, defend, or protect clients' legitimate rights and interests in court, nor to sign legal consulting documents.
Third, regarding the examination of the legal apprenticeship results, according to Article 15 of the Law on Lawyers 2006 and Section 6, Article 1 of the Amended Law on Lawyers 2012, individuals eligible for the legal apprenticeship results examination are those who have completed the apprenticeship duration as prescribed. The Bar Association's Executive Committee reviews and prepares a list of individuals qualified to participate in the legal apprenticeship results examination and submits it to the Vietnam Bar Federation. Among them, judges, senior prosecutors, senior investigators, intermediate investigators, professors, associate professors in law, Doctor of Law, senior court examiners, senior prosecutor examiners, senior specialists, senior research fellows, and senior lecturers in the field of law are exempt from the legal apprenticeship results examination.
The Vietnam Bar Federation organizes the legal apprenticeship results examination. The examination is conducted by the Council for Legal Apprenticeship Results Examination. Individuals who meet the requirements of the legal apprenticeship results examination will be issued a Certificate of Legal Apprenticeship Results by the Examination Council.
Fourth, regarding the issuance of the Lawyer Practicing Certificate, according to Article 17 of the Law on Lawyers 2006, Section 8, Article 1 of the Amended Law on Lawyers 2012, individuals who meet the requirements of the legal apprenticeship results examination should submit a dossier requesting the issuance of a Lawyer Practicing Certificate to the Executive Committee of the Bar Association. The dossier includes: an Application for the Issuance of a Lawyer Practicing Certificate as prescribed by the Ministry of Justice; a Judicial Record; a Health Certificate; a copy of the Bachelor of Law degree or a Master of Law degree; a copy of the Certificate of Legal Apprenticeship Results.
Within seven working days from the date of receipt of a complete and valid dossier, the Executive Committee of the Bar Association shall forward the dossier to the Department of Justice accompanied by a certificate confirming that the individual requesting the issuance of the Lawyer Practicing Certificate meets the lawyer standards as prescribed by this Law.
Individuals exempt from legal apprenticeship shall submit their dossier to the Department of Justice where they reside, including: an Application for the Issuance of a Lawyer Practicing Certificate as prescribed by the Ministry of Justice; a Judicial Record; a Health Certificate; a copy of the Bachelor of Law degree or a Master of Law degree, except for those who are professors, associate professors specializing in law, or Doctor of Law; a copy of the document proving that the individual is exempt from legal apprenticeship as prescribed in Clause 1, Article 16 of the Law on Lawyers.
Within seven working days from the date of receipt of a complete and valid dossier, the Department of Justice shall review the dossier, and if necessary, verify the legality of the dossier, and send a written request accompanied by the dossier to the Ministry of Justice for the issuance of the Lawyer Practicing Certificate.
Within twenty days from the date of receipt of a complete and valid dossier, the Minister of Justice shall decide to issue the Lawyer Practicing Certificate. In case of refusal, the Minister shall notify in writing and clearly state the reasons to the applicant and the Department of Justice that submitted the dossier for the issuance of the Lawyer Practicing Certificate.
Individuals whose request for a Lawyer Practicing Certificate is refused have the right to file a complaint or lawsuit according to the provisions of the law.
Note, the following individuals are not eligible for a Lawyer Practicing Certificate:
- Those who do not meet the lawyer standards prescribed in Article 10 of this Law;- Current officials and public employees; officers, professional soldiers, and defense workers in agencies or units under the People's Army; officers, non-commissioned officers, and workers in agencies or units under the People's Police;- Those who do not reside permanently in Vietnam;- Those who are being prosecuted for criminal liability; those who have been convicted but have not had their convictions expunged for unintentional crimes or less serious intentional crimes; those who have been convicted of serious intentional crimes, very serious intentional crimes, or especially serious intentional crimes, even if their convictions have been expunged;- Those who are being subjected to administrative measures of mandatory rehab or education establishments;- Those who have lost or have restricted civil act capacity;- Those prescribed in point b of this clause who were dismissed but have not yet completed a three-year period since the effective date of the dismissal decision.
Fifth, regarding joining the Bar Association, according to Article 20 of the Law on Lawyers 2006 and Section 11, Article 1 of the Amended Law on Lawyers 2012, individuals with a Lawyer Practicing Certificate have the right to choose to join a Bar Association to practice law.
Individuals with a Lawyer Practicing Certificate shall submit their dossier to join the Bar Association to the Executive Committee of the Bar Association. Within seven working days from the date of receipt of a complete dossier, the Executive Committee of the Bar Association shall review and decide on joining the Bar Association. If the applicant falls under one of the cases not eligible for the issuance of a Lawyer Practicing Certificate, the Executive Committee shall refuse the application to join the Bar Association and notify the reasons in writing.
Within seven working days from the date of the decision on joining the Bar Association, the Executive Committee shall send a request in writing to the Vietnam Bar Federation to issue a Lawyer Card to the individual joining the Bar Association. The issuance of the Lawyer Card shall not exceed twenty days from the date of receipt of the written request from the Bar Association.
The Lawyer Card is valid indefinitely and will be reissued when the lawyer transfers to another Bar Association or when it is lost or damaged.
Note: Lawyers who have joined the Bar Association must work under labor contracts for a law practice organization, practice individually under labor contracts for agencies or organizations, or establish or join in establishing a law practice organization as prescribed by this Law in the locality where the Bar Association is headquartered. Within three years from the issuance date of the Lawyer Card, if a lawyer fails to work under labor contracts for a law practice organization, practice individually under labor contracts for agencies or organizations, or establish or join in establishing a law practice organization in the locality where the Bar Association is headquartered, or if the lawyer does not practice law within five consecutive years after the issuance of the Lawyer Card, the Executive Committee of the Bar Association shall remove the lawyer’s name from the list and request the Vietnam Bar Federation to revoke the Lawyer Card.
However, the above are only the necessary conditions to become a general lawyer and the initial step to becoming a talented lawyer. In reality, to become a talented lawyer, in addition to the necessary conditions mentioned above, lawyers need to meet sufficient conditions such as strictly complying with the rules set out in the Code of Ethics and Professional Conduct for Vietnamese Lawyers issued with Decision 201/QD-HDLSTQ on December 13, 2019, of the National Lawyers' Council; having a relatively good knowledge base in the field they provide and perform for clients; having communication, persuasion, and problem-solving skills; having analytical and logical thinking, and must have good foreign language skills.
For more details on the latest Code of Ethics and Professional Conduct for Vietnamese Lawyers, click HERE.
Nguyen Trinh
