Contents of assessing the lawyer apprenticeship in Vietnam in 2024

Contents of assessing the lawyer apprenticeship in Vietnam in 2024 (Image from Internet)

1. Regulations on lawyer apprenticeship in Vietnam

Article 14 of the Law on Lawyers 2006 (amended by Clause 5, Article 1 of the Law amending the Law on Lawyers 2012) regulates lawyer apprenticeships in Vietnam as follows:

- Persons holding a Certificate of completing the lawyer course and those stipulated in Clause 2, Article 16 of the Law on Lawyers 2006 are eligible for a lawyer apprenticeship at a law-practicing organization.

The apprenticeship is twelve months, except for cases stipulated in Clause 2 and Clause 3, Article 16 of the Law on Lawyers 2006. The internship duration begins from the date of registration with the Bar Association.

The law-practicing organization assigns a lawyer to guide the internship. The guiding lawyer must have at least three years of legal practice experience and must not be undergoing any disciplinary action as stipulated in Clause 1, Article 85 of the Law on Lawyers 2006. At any given time, one lawyer may not guide more than three interns.

- Lawyer apprentice register with the local Bar Association where the law-practicing organization is based and are issued an Internship Certificate by the Bar Association.

The Bar Association is responsible for supervising legal practice internships.

- Lawyer apprentice can assist the guiding lawyer in professional activities but are not allowed to represent, defend, or protect the legal rights and interests of clients in court, nor can they sign legal consultancy documents.

Interns may accompany their guiding lawyers to meet detained persons, suspects, defendants, victims, civil plaintiffs, civil defendants, and persons with related legal rights, obligations in criminal cases, plaintiffs, defendants, and other parties in civil and administrative cases, with their consent; assist in examining case files, gathering documents, and other relevant items, and conduct other professional activities; they may provide legal consultancy, represent outside litigation, and perform other legal services as assigned by the guiding lawyer with the consent of the client.

The guiding lawyer must supervise and be responsible for the activities of the bar practice intern as stipulated in Clause 3, Article 14 of the Law on Lawyers 2006.

2. Contents of assessing the lawyer apprenticeship 2024

The assessment the lawyer apprenticeship is the final examination to be recommended for the Lawyer's Practice Certificate and to officially become a professional lawyer.

According to Clause 1, Article 15 of Circular 10/2021/TT-BTP, those subjected to the assessment the lawyer apprenticeship include:

- Persons who have completed the internship duration as regulated by the Law on Lawyers 2006 and Circular 10/2021/TT-BTP;

- Persons who did not meet the requirements of previous assessment the lawyer apprenticeships;

- Persons whose certificate of lawyer apprenticeship assessment has expired.

The assessment the lawyer apprenticeship consists of the following contents and forms:

* Content-wise

- Litigation skills;

- Legal consultancy skills;

- Non-litigation representation skills and other legal services;

- Laws on lawyers and the legal profession, the Code of Ethics, and Professional Conduct for Vietnamese Lawyers;

- Other skills in lawyer apprenticeship:

+ Laws on Lawyers and the Legal Profession, the Code of Ethics, and Professional Conduct for Vietnamese Lawyers.

+ Skills in research, document collection, and proposing case file resolution.

+ Skills in litigation participation as defense counsel for the accused, defendants, or as a representative protecting the rights of victims, civil plaintiffs, civil defendants, and individuals with related legal interests in criminal cases.

+ Skills in litigation participation as a representative or protector of the rights, legal interests of plaintiffs, defendants, and individuals with related legal interests in civil disputes, marriage and family matters, business, commercial disputes, labor issues, administrative cases, civil demands, marriage, family, business, commercial matters, labor issues, and other cases as prescribed by law.

+ Legal consultancy skills.

+ Non-litigation representation skills for clients to perform legal-related tasks.

+ Skills in providing other legal services.

* Form-wise

- Written tests including two exam papers

+ The first written test on litigation skills, legal consultancy, non-litigation representation, and other legal services. The duration for the first written test is 180 minutes.

+ The second written test on laws on lawyers and the legal profession, the Code of Ethics, and Professional Conduct for Vietnamese Lawyers. The duration for the second written test is 90 minutes.

- Practical tests:

Candidates present and defend their viewpoints on a self-selected case they participated in during their internship and answer related questions from the Examination Committee.

(Article 17 of Circular 10/2021/TT-BTP)

* Note:

- The assessment the lawyer apprenticeship is organized at least once every 06 months.

- Test results will be announced within 15 days from the end of the grading period.

- Candidates meet the requirements of the assessment the lawyer apprenticeship if they score at least 50 points on each test.

- Within 15 days from receiving the test results, candidates who disagree with their written test outcomes have the right to file a re-assessment request to the Examination Council Chairman. Beyond this period, no re-assessment requests will be accepted.

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