Conditions and duration of lawyer apprenticeship in Vietnam

Conditions and duration of lawyer apprenticeship in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

1. General regulations on the lawyer apprenticeship in Vietnam

According to Article 14 of the Law on Lawyers 2006 (amended in 2012), the law practice probationary period in Vietnam is regulated as follows:

- A person that the Certificate of completing the lawyer course, and a person prescribed in Clause 2 Article 16 of the Law on Lawyers 2006 (amended in 2012) may serve their apprenticeship at a law-practicing organization.

The apprenticeship lasts for 12 months, except for the case prescribed in Clause 2 and Clause 3 Article 16 of the Law on Lawyers 2006 (amended in 2012). The lawyer apprenticeship period starts from the day of registering at the Law federation.

The law-practicing organization shall appoint a lawyer to help the apprentice lawyer. The instructing lawyer must have at least 3 years of experience in law practicing, and not be liable for disciplinary actions as prescribed in Clause 1 Article 85 of the Law on Lawyers 2006 (amended in 2012). A lawyer must not instruct more than 3 apprentices at the same time.

- A lawyer apprentice shall register the apprenticeship at a bar association in the same locality with the law-practicing organization in which they serve the apprenticeship, and be issued with the Certificate of apprentice lawyer.

The bar association shall supervise the lawyer apprenticeship.

- An apprentice lawyer may assists the lawyer in their professional activities, but may not represent, advocate, or protect the lawful rights and interests of clients in court, and may not sign written law consultancy.

The apprentice lawyer may go with the instructing lawyer to meet the detainees, suspects, defendants, victims, plaintiffs, and the people that have interests and obligations relevant to criminal lawsuits, the plaintiffs, defendants, and other litigants in civil cases and administrative lawsuits when they agree; assists the instructing lawyer in studying documents about the cases, collecting documents, items, and facts relevant to such cases, and in other professional activities; receive legal advices, non-proceedings representation, and provide other legal services assigned by the instructing lawyers upon the agreement of clients.

2. Conditions for registration of lawyer apprenticeship in Vietnam

Article 3 of Circular 10/2021/TT-BTP stipulates that people who meet the following conditions may register for law practice probation:

- Vietnamese citizens are loyal to the Fatherland, comply with the Constitution and laws, have good moral qualities;

- Possessing a Bachelor of Laws or a Master of Laws;

- Possessing a certificate of graduation from law school in Vietnam, a decision on the recognition of overseas law school, or a document proving that he or she is exempt from law school but must practice law.lawyer as prescribed in Clause 2, Article 16 of the Law on Lawyers 2006 (amended in 2012).

Those who are currently practicing law and are found not to meet the above-said conditions must terminate their probationary period, and their probationary period will not be recognized. Those who have completed the probationary period but are found not to meet the conditions specified above shall not be recognized for the probationary period.

3. Lawyer apprenticeship period and extension of the period in Vietnam

The law practice probation period and the extension of the law practice probationary period are specified in Article 10 of Circular 10/2021/TT-BTP, specifically:

- The law practice probation period is 12 months from the date on which the Bar Association's management board registers as a trainee; a person who is entitled to a reduction in the law practice probation period as prescribed in Clause 2, Article 16 of the Law on Lawyers 2006 (amended in 2012), the law practice probationary period is 04 months; a person who is entitled to a reduction in the law practice probation period as prescribed in Clause 3, Article 16 of the Law on Lawyers 2006 (amended in 2012), the law practice probationary period shall be 06 months.

- The probationer shall be extended by the Bar Association's management board when he fails to meet the probation requirements according to the assessment of the guiding lawyer and the law-practicing organization accepting the probation.

Within 5 working days from the date of receiving the probationer's request for extension, the Bar Association's managing board shall issue a decision to extend the law practice probationary period.

Within 07 working days from the date of issuing the decision to extend the law practice probationary period, the Board of Directors of the Bar Association shall send a written notice to the law-practicing organization accepting the apprentice, the Vietnam Bar Federation, and the Department of Justice, where the Bar Association's headquarters is located.

- The probationer may extend his/her law practice probation for no more than 02 times, each time for 06 months.

If the probationer is extended a second time but fails to meet the requirements, the Managing Board of the Bar Association where the probation is registered must issue a decision to remove his or her name from the Bar Association's list of apprentices. Persons whose names are withdrawn from the list of apprentices of the Bar Association have the right to lodge complaints under the provisions of Circular 10/2021/TT-BTP.

Persons whose names are withdrawn from the list of apprentices of the Bar Association must re-register their practice as lawyers according to the provisions of Article 5 of Circular 10/2021/TT-BTP. The probationer's time to practice law shall comply with the provisions of Clause 1, Article 10 of Circular 10/2021/TT-BTP.

- In the process of extending the probationary period or re-probation, the intern shall keep a probationary diary and report on the probationary process in accordance with the provisions of Circular 10/2021/TT-BTP.

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