Procedures for re-grant of law practice certificates in cases of revocation in Vietnam

Procedures for re-grant of law practice certificates in cases of revocation in Vietnam
Nguyễn Thị Diễm My

The procedures for re-grant of law practice certificates in cases of revocation in Vietnam are specified in Decision 849/QD-BTP year 2024.

Procedures for re-grant of law practice certificates in cases of revocation in Vietnam

Procedures for re-grant of law practice certificates in cases of revocation in Vietnam (Internet image)

1. Application of re-grant of law practice certificates in cases of revocation in Vietnam 

- Application form for re-grant of law practice certificates;

- Judicial records;

- Health certificate;

- Copy of Bachelor's degree in Law or Master's degree in Law, except for professors, associate professors specializing in law, and doctors in law;

- Copy of Certificate of passing the practice examination for lawyers for those who meet the practice examination requirements, or copy of documents proving exemption from the practice examination for lawyers as prescribed in Clause 1, Article 16 of the Lawyer Law, including one of the following documents:

+ Copy of Decision on appointment, re-appointment of judges, procurators, investigators, or Resolution of the People's Council, Minutes of judge election of the People's Council for cases where judges are elected by the district or provincial People's Council.

+ Copy of Decision on conferring the title of Professor, Associate Professor specializing in law, or copy of Doctorate in Law.

+ Copy of Decision on appointment, reappointment of senior court inspector, senior prosecutor, chief court inspector, chief prosecutor, or Decision on appointment of senior expert, senior researcher, senior lecturer, senior expert, senior researcher, senior lecturer in the field of law.

+ Copy of the decision on recruitment, employment contract in the field of law.

+ Other legal documents proving exemption from lawyer training, exemption, or reduction of lawyer practice internship.

2. Procedures for re-grant of law practice certificates in cases of revocation in Vietnam 

- Individuals who have had their Law Practice Certificates revoked as specified in points a, b, c, e, and k, Clause 1, Article 18 of the Lawyer Law, when meeting the lawyer standards specified in the Law on Lawyersand having a valid application for Re-grant of Law Practice Certificates, shall submit the application to the Chairperson of the Bar Federation.

- Individuals who have had their law practice certificates revoked as specified in points d and đ, Clause 1, Article 18 of the Lawyer Law, shall be considered for re-grant of law practice certificates when there is an application for re-grant of law practice certificates.

- Individuals who have had their Law Practice Certificates revoked as specified in points g, h, and i, Clause 1, Article 18 of the Lawyer Law, shall be considered for Re-grant of Law Practice Certificates when meeting the conditions specified in Article 10 of this Law and fulfilling the requirements as prescribed in Clause 3, Article 19 of the Lawyer Law.

* For cases meeting the requirements of the practice examination for lawyers:

Within seven working days from the date of receiving a complete and valid application, the Chairperson of the Bar Federation shall forward the application to the Department of Justice along with a confirmation letter stating that the applicant meets the lawyer standards as prescribed in the Lawyer Law.

Within seven working days from the date of receiving a complete and valid application, the Department of Justice shall be responsible for verifying the application, and if necessary, verifying the legality of the application and submitting a written request along with the application for re-grant of Law Practice Certificates to the Ministry of Justice.

Within twenty days from the date of receiving a complete and valid application, the Minister of Justice shall decide on the re-grant of law practice certificates.

* For cases exempted from lawyer practice internships:

Within seven working days from the date of receiving a complete and valid application, the Department of Justice shall be responsible for verifying the application, and if necessary, verifying the legality of the application and submitting a written request along with the application for re-grant of law practice certificates to the Ministry of Justice.

Within twenty days from the date of receiving a complete and valid application, the Minister of Justice shall decide on the re-grant of law practice certificates.

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