Criteria for class I legal assistants in Vietnam

Criteria for class I legal assistants in Vietnam (Internet image)

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

1. General standards of legal assistants in Vietnam

General standards of legal aid officers are specified in Articles 3 and 4 of Circular 05/2022/TT-BTP, specifically as follows:

* Professional ethical standards

- Comply with the professional ethics standards of judicial officers.

- Comply with the regulations and rules of the legal aid profession.

* Standards of training and retraining qualifications

- Possess a bachelor's degree in law or higher;

- Have a certificate of graduation from lawyer training or being exempt from lawyer training;

- Have a certificate of examination of the results of a legal aid internship or a certificate of examination of the results of a law practice, unless a legal assistant has been appointed under the Law on Legal Aid 2006 or is exempted from legal aid probation in accordance with the law.

2. Criteria for class I legal assistants in Vietnam

According to Clause 2, Article 5 of Circular 05/2022/TT-BTP, class I legal assistants must meet the following standards in terms of their professional capacity:

- Understanding and being able to apply guidelines, guidelines, and policies of the Party and the State's laws in legal aid work;

- Having knowledge and understanding of the legal system and in-depth knowledge of many assigned legal fields;

- Proficiently perform legal aid operations; preside over the effective implementation of legal aid activities;

- Having been certified by the Legal Aid Department to have successfully participated in at least 02 legal proceedings at the High People's Court, the Central Military Court or higher;

- Having the capacity to provide professional guidance, legal aid skills, and other skills to class II, class III legal assistants and other legal aid providers; presided over the quality appraisal of legal aid cases.

Or evaluate the effectiveness of at least 20 cases of legal aid participation in the proceedings by class II legal assistants or higher, or at least 20 cases of participation in proceedings to be resolved by a provincial-level procedural agency or higher.

- Having basic information technology skills, using foreign languages, or using ethnic minority languages for officials working in ethnic minority areas according to job position requirements;

- Officials who compete for or consider promotion to the title of class I legal aid must have held the title of class II legal aid for a period of time.

Or the equivalent of full 06 cumulative years (72 months) or more, in which the period of holding the title of Class II legal aid is at least full 01 cumulative year (12 months); up to the expiration date of the deadline for submitting the application for examination or consideration for promotion.

3. Duties of class I legal assistants in Vietnam

Specifically, Clause 1, Article 5 of Circular 05/2022/TT-BTP stipulates the duties of class I legal assistants as follows:

- Providing legal aid in accordance with the law on legal aid;

- Appraisal of the quality of legal aid cases of class I legal assistants, class II legal assistants, class III legal assistants and other legal aid providers as assigned by the leader of the State Legal Aid Center;

- Evaluating the effectiveness of legal aid cases participating in the proceedings to determine the successful legal aid cases participating in the proceedings of class I legal assistants, class II legal assistants, Class III legal assistants and other legal aid providers as assigned;

- Advising the State Legal Aid Center to make recommendations to competent state agencies on issues related to the settlement of legal aid cases;

- Assuming the prime responsibility for researching, formulating, or organizing the implementation of legal aid documents, programs, and plans;

- Organizing the editing or compilation of legal aid professional training programs and documents;

- Reviewing, researching, proposing, and recommending the completion of legal documents related to legal aid activities;

- Researching and proposing innovations to improve the effectiveness of legal aid work;

- Organizing or participating in training, professional guidance, and legal aid skills for legal aid providers;

- Performing other duties as assigned.

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