Cases ineligible to participate in the examination of law practice probation results in Vietnam

Cases ineligible to participate in the examination of law practice probation results in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases ineligible to participate in the examination of law practice probation results in Vietnam

Cases that are not allowed to participate in the examination of the results of law practice probation under Clause 2, Article 15 of Circular 10/2021/TT-BTP include:

- Persons who do not meet the conditions specified in Clause 1, Article 3 of Circular 10/2021/TT-BTP but still register as apprentices:

+ Vietnamese citizens are loyal to the Fatherland, abide by the Constitution and laws, and have good moral qualities;

+ Having a Bachelor of Laws or a Master of Laws Degree;

+ Having a certificate of graduation from law training in Vietnam or a decision on recognition of overseas law training
or papers proving that he or she is exempt from lawyer training but falls into the case where he is required to practice law as prescribed in Clause 2, Article 16 of the Law on Lawyers.

- Persons who make false statements in their examination attendance records;

- The person re-registers his/her probationary period less than 1 year from the date of the decision on disciplinary action in the form of temporary suspension of the law practice probationary period from 3 to 6 months, which takes effect or has not expired for 3 years from the effective date of the decision on disciplinary action in the form of removal from the list of apprentices of the Bar Association.

2. Content and form of examination of law practice probation results in Vietnam

The content and form of examination of law practice probation results according to Article 17 of Circular 10/2021/TT-BTP are as follows:

- Content of the test includes:

+ Skills to participate in legal proceedings;

+ Legal consulting skills;

+ Skills to represent outside the proceedings and perform other legal services;

+ Law on Lawyers and law practice, Code of ethics and professional conduct for Vietnamese lawyers;

+ Other skills as prescribed in Article 6 of Circular 10/2021/TT-BTP.

- Test format includes a written test and a practice test.

The written test consists of two tests:

The first written test covers the skills of participating in legal proceedings, providing legal advice, representing clients out of court, and performing other legal services. The time to take the first written test is 180 minutes.

The second written test on the law of lawyers and law practice, Vietnam Code of Ethics and Professional Conduct. The time for the second written test is 90 minutes.

Practice test:

Candidates present and defend their views on a case or self-choice that they participate in during the probationary period and answer questions from members of the Practical Examination Committee related to the case or matter.

3. Organizing the examination of the results of law practice probation in Vietnam

Organize the examination of the results of the law practice apprenticeship according to Article 18 of Circular 10/2021/TT-BTP as follows:

- The examination of law practice probation results shall be held at least once every 6 months.

- No later than the 15th of the last month of the quarter, the Bar Association's Executive Board shall send the list of apprentices proposed to attend the examination to the Vietnam Bar Federation and the Department of Justice, where the Bar Association's headquarters is located.

Records of participation in the examination include:

+ A written request for participation in the examination according to the form issued together with Circular 10/2021/TT-BTP;

+ A copy of the lawyer's probationary certificate;

+ Copy of Bachelor of Laws or copy of Master of Laws;

+ Report on the law practice probation process together with the probationary diary book according to the provisions of Circular 10/2021/TT-BTP;

+ Copies of papers proving that they are eligible for a reduction in the law practice probationary period as prescribed in Clauses 2 and 3, Article 16 of the Law on Lawyers.

- For those whose certificate of examination of law practice probation results has expired, the application for examination shall be sent to the Vietnam Bar Federation. Profile includes:

+ A written request for participation in the examination according to the form issued together with Circular 10/2021/TT-BTP;

+ The certificate of examination of the results of law practice probation expires.

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