10 cases of revoking the lawyer practicing certificates in Vietnam

10 cases of revoking the lawyer practicing certificates in Vietnam (Internet image)

1. 10 cases of revoking the lawyer practicing certificates in Vietnam

The lawyer practicing certificate shall be revoked in one of the following cases:

(1) No longer being qualified as a lawyer as prescribed in Article 10 of the Law on Lawyers 2006;

(2) Being recruited or appointed as 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;

(3) No longer residing permanently in Vietnam;

(4) Not joining a Bar association within 2 years as from the date of issue of the lawyer practicing certificate;

(5) Not establishing, participating in the establishment, or working under a labor contract for a law-practicing organization, or working as an independent lawyer within 03 years as from the day of joining the Bar association;

(6) Voluntarily stopping practicing as a lawyer;

(7) Being eliminated from the list of lawyers of a bar association;

(8) Having the lawyer practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;

(9) Being convicted and the sentence has taken effect;

(10) Being incapable of civil acts;

(Clause 1, Article 18 of the Law on Lawyers 2006, as amended in 2012)

2. Procedure for revocation of law practicing certificates in Vietnam

- If there are grounds to determine that a lawyer falls into one of the cases specified in Clause 1, Article 18 of the Law on Lawyers 2006, the Minister of Justice shall issue a decision on revocation of the law practicing certificate.

- When there are grounds to determine that a lawyer falls into one of the cases specified at Points a, b, c, d, dd, e, h, i and k, Clause 1, Article 18 of theLaw on Lawyers 2006, the Bar Association to which that person is a member or other agencies or organizations shall request the Minister of Justice, in writing, to revoke such person's law practicing certificate, enclosed with papers proving that the lawyer falls into the case of revocation of the law practicing certificate.

In case a lawyer is disciplined by removing his/her name from the list of lawyers of the Bar Association as prescribed at Point g, Clause 1, Article 18 of the Law on Lawyers 2006, within 07 working days from the date on which a decision to discipline the lawyer is issued, the Executive Board of the Bar Association shall send a written request to the Minister of Justice to revoke the law practicing certificate enclosed with the decision on disciplining the lawyer.

The person whose law practicing certificate is revoked must cease practicing law from the date of issuance of the decision on discipline against the lawyer by removing his/her name from the list of lawyers of the Bar Association.

On the annual basis, the Vietnam Bar Federation and the Department of Justice shall review the persons who fall into the cases specified in Clause 1, Article 18 of the Law on Lawyers 2006 to propose the Minister of Justice to revoke their law practicing certificates.

- Within 15 days after receiving a written request for revocation of the law practicing certificate, the Minister of Justice shall issue a decision on revocation of the law practicing certificate, except for the case that the disciplinary decision by removing the name from the list of lawyers of the Bar Association is complained and being resolved in accordance with law.

The decision on revocation of the law practicing certificate shall be sent to the person whose law practicing certificate is revoked, the Bar Association of which he is a member, the Vietnam Bar Federation, the presiding agencies at central level, the Department of Justice, and the presiding agencies in the localities where the Bar Association of which that person is a member is located.

In case a person has his/her law practicing certificate revoked because he/she does not join the Bar Association as prescribed at Point d, Clause 1, Article 18 of the Law on Lawyers 2006, the decision on revocation of the law practicing certificate shall be sent to that person and the Department of Justice where he/she submitted his/her application for a law practicing certificate.

The decision on revocation of the law practicing certificate is posted on the website of the Ministry of Justice.

- Within 07 working days of receiving the decision on revocation of the law practicing certificate, the Vietnam Bar Federation shall issue a decision to revoke the lawyer's card of the person whose law practicing certificate has been revoked.

The decision on revocation of the lawyer's card is posted on the portal of the Vietnam Bar Federation.

- The person whose law practicing certificate has been revoked is responsible for returning the original law practicing certificate and lawyer’s card to the Bar Association of which he is a member. The Executive Board of the Bar Association shall retrieve and invalidate the law practicing certificate and lawyer’s card.

In case a person has his/her law practicing certificate revoked because he/she does not join the Bar Association as prescribed at Point d, Clause 1, Article 18 of the Law on Lawyers 2006, the person whose law practicing certificate is revoked shall return the original law practicing certificate to the Department of Justice where the application for the law practicing certificate was submitted.

The Department of Justice shall retrieve and invalidate the law practicing certificate.

- Law practicing certificates and lawyer’s cards are invalidated by cutting off the left corner.

(Article 5 of Circular 05/2021/TT-BTP)

Nguyen Thi Diem My

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