Composition of the Council to examine the results of law practice probation in Vietnam

Composition of the Council to examine the results of law practice probation in Vietnam (Internet image)

1. Establishment of the Council to examine the results of law practice probation in Vietnam

The Council to examine the results of law practice probation (hereinafter referred to as the Examination Council) consists of between 5 and 7 members and is established under the decision of the President of the Vietnam Bar Federation.

The Inspection Council works on the principles of centralization, democracy, collective discussion and self-dissolution after completing its tasks.

The inspection council is entitled to use the seal of the Vietnam Bar Federation to perform its duties in accordance with the provisions of Circular 10/2021/TT-BTP.

(Clause 1, Article 19 of Circular 10/2021/TT-BTP)

2. Composition of the Council to examine the results of law practice probation in Vietnam

The composition of the Council to examine the results of law practice probation includes:

- The President or a Vice President of the Vietnam Bar Federation is the Chairman of the Inspection Council;

- Representatives of the Executive Boards of a number of Bar Associations and lawyers are members of the Inspection Council.

- Assist the Examination Council with the Examination Board, the Secretariat, the Examination Board, the Bach Board, the Writing Examination Board, the Practical Examination Board, and the Examination Board (hereinafter referred to as the Assistant Board) established by the Inspection Council.

The Chairman or a Vice-Chairman of the Examination Council shall act as the Head of the Examinations Committee, the Ban Phach, and the Board of the Examination. The heads of other assisting committees and members of the assisting committees shall be decided by the chairman of the inspection council.

The President of the Vietnam Bar Federation issued a decision to establish a Supervisory Board of the Vietnam Bar Federation to supervise the examination of the results of the law practice apprenticeship. The Supervisory Board is composed of 03 to 05 lawyers. The specific list, duties, and powers of the Supervisory Board shall be prescribed by the President of the Vietnam Bar Federation. Members of the Supervisory Board must meet the criteria in Section 3.

(Clause 2, 5, Article 19 of Circular 10/2021/TT-BTP)

3. Criteria for members of the Council to examine the results of law practice probation in Vietnam

Members of the Council who will examine the results of law practice probation must meet the following criteria:

- Having good moral qualities, a sense of law observance and a high sense of responsibility;

- Mastering the professional inspection organization;

- Not being disciplined or being considered for disciplinary action.

In addition to the criteria and conditions specified in this clause, members of the Examination Board, the Board of Writing Examinations, the Board of Marking for Practical Examinations, and the Board of Phuc Tra must have good professional qualifications.

Persons who have a wife, husband, father, mother, child, biological brother, biological sister or younger brother; Parents, siblings, siblings of spouses participating in the examination are not allowed to participate in the Examination Council and the Assistant Board.

(Clause 4, Article 19 of Circular 10/2021/TT-BTP)

4. Duties and powers of the Council for examination of law practice results in Vietnam

The Inspection Council has the following duties and powers:

+ Promulgating the inspection plan and inspection period rules;

+ Establishing the assisting committees of the Inspection Council;

+ Deciding on the list of candidates eligible to participate in the test, the time and place of the test, and notifying the Bar Associations that have candidates participating in the test at least 30 days before the date of the test; in case of necessity, establishing a team to verify the examination attendance records;

+ Organizing the examination, marking the test, re-examining the test, announcing the results, and notifying the scores to the Bar Association and the Department of Justice where the probationer attends the examination;

+ Recognition of the results of the lawyer's probationary examination;

+ Canceling the test results of a candidate's law practice when there are grounds to believe that the candidate falls into one of the cases specified in Clause 2, Article 15 of Circular 10/2021/TT-BTP; or commits acts of fraud or other violations that change the results of the probationary period, the results of the law practice probation test;

+ Sending to the Ministry of Justice the inspection decisions, rules, regulations, and minutes made during the examination period, as well as the examination results, within 07 working days from the date of issuance;

+ Settlement of complaints and denunciations related to the examination;

+ Reporting and providing timely, complete, and accurate information and documents related to the organization of inspection according to regulations or requests of competent agencies or organizations; implementation of requirements, recommendations, and conclusions of examination and inspection;

+ Other duties and powers as prescribed in Circular 10/2021/TT-BTP.

The Chairman of the Inspection Council has the following duties and powers:

+ Taking responsibility for organizing the implementation of the tasks and powers of the Inspection Council;

+ Assigning responsibilities to each member of the Inspection Council;

+ Regulations on the duties and powers of the assisting boards;

+ Managing, ensuring the safety and security of test questions, tests, beats, test results, and other related documents.

+ Handling cases of violation of inspection decisions, rules, and regulations;

+ Reporting to the President of the Vietnam Bar Federation on the inspection results, financial issues, and taking responsibility before the President of the Vietnam Bar Federation for the organization of the examination and the examination results;

+ Issuing a certificate of examination of law practice results to candidates who pass the test; revoke the certificate of examination of law practice probation results in case the examination results are canceled according to the provisions of Circular 10/2021/TT-BTP;

+ Other tasks as prescribed by Circular 10/2021/TT-BTP.

- The members of the Inspection Council shall perform the work as assigned by the Chairman of the Inspection Council and are answerable to the Chairman of the Inspection Council.

- The President of the Vietnam Bar Federation shall decide to cancel the law practice probation test results of candidates in the cases specified at Point e, Clause 1 of Article 20 of Circular 10/2021/TT-BTP after the Examination Council has dissolved.

(Article 20 of Circular 10/2021/TT-BTP)

Nguyen Thi Diem My

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