Conditions for registration of law practice probation in Vietnam

Conditions for registration of law practice probation in Vietnam (Internet image)

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

1. Conditions for registration of law practice probation in Vietnam

According to Article 3 of Circular 10/2021/TT-BTP, the conditions for registration of law practice probation are as follows:

- Persons who satisfy the following conditions may register for law practice probation:

+ Vietnamese citizens who 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 documents proving exemption from law training but falling into the case of having to practice as a lawyer as prescribed in Clause 2, Article 16 of the Law on Lawyers.

- A person who is currently practicing law and is found not to satisfy the prescribed conditions shall terminate his/her probationary period, and his/her probationary period shall not be recognized. Those who have completed the probationary period but are found not to meet the prescribed conditions shall not be recognized for the probationary period.

2. Contents of law practice probation in Vietnam

Contents of law practice probation under Article 6 of Circular 10/2021/TT-BTP are as follows:

- Law on lawyers and law practice, Code of ethics and professional conduct for Vietnamese lawyers.

- Research skills, collect documents, and propose solutions to case files.

- Skills to participate in legal proceedings as an advocate for the person arrested, detained, accused, or as a defender of the rights of the person being arrested or detained.

victims, civil plaintiffs, civil defendants, and persons with related interests and obligations in criminal cases.

- Skills to participate in legal proceedings as a representative or defender of the legitimate rights and interests of the plaintiff, defendant,

related rights and obligations in cases of civil disputes, marriage and family, business, commerce, labor, administration, civil claims, marriage and family, business, trade, labor, and other cases and affairs as prescribed by law.

- Legal consulting skills.

- Skills to represent clients outside of legal proceedings and perform law-related work.

- Skills to perform other legal services.

3. Change of place of law practice probation in Vietnam 

Change of place of law practice probation in Vietnam under Article 9 of Circular 10/2021/TT-BTP as follows:

- Law-practicing apprentices change their probationary places when falling into the cases specified in Clause 4, Article 8 of Circular 10/2021/TT-BTP, or change the place of residence or place of work to another province or centrally-run city.

- If the apprentice changes his or her probationary place from one law-practicing organization to another in the same province or centrally run city, such a change must be reported in writing to the Bar Association where the probationary period is registered.

The report must have the comments and signatures of the guiding lawyer, certification of the law-practicing organization where he took the probationary period and the law-practicing organization where he moved to.

A probationer who changes his/her probationary place to another province or centrally run city must make a written request to withdraw his/her name from the list of apprentices of the Bar Association where it has registered and register as an apprentice at the Bar Association where the head office of the law-practicing organization to which he/she is transferred is located, enclosed with a report on the probationary process.

- Within 05 working days from the date of receiving the probationer's request, the Bar Association's management board shall issue a decision to change the probationary place or withdraw his/her name from the list of apprentices.

Within 03 working days from the date of issuance of the decision, the Bar Association's management board shall send a written notice to the law-practicing organization where he has taken the probationary period, the law-practicing organization where he has moved to, the Vietnam Bar Federation and the Department of Justice where the Bar Association is located.

- If a probationer changes his/her probationary place, the probationary period shall be equal to his/her total probationary period at law-practicing organizations. if the probationary period at each law-practicing organization is at least 02 months and must be certified in writing by the law-practicing organization accepting the probation, and there must be a written comment from the lawyer guiding the probationary process at that organization.

In the event that, after 30 days from the date of the decision on change, the probationer fails to carry out the procedures for changing the law practice probationary place, he/she must suspend or terminate his/her probation as prescribed in Article 11 of Circular 10/2021/TT-BTP.

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