Standards for Class II Legal aid assistants in Vietnam

Standards for Class II Legal aid assistants in Vietnam (Internet image)

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

1. Standards for Class II Legal aid assistants in Vietnam

1.1. Standards of professional ethical in Vietnam

According to Article 3 of Circular 05/2022/TT-BTP, the professional ethics standards of legal aid officers in general and class II legal aid assistants in particular are as follows:

- Comply with the professional ethics standards of judicial officers.

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

1.2. Standards of training and retraining

Standards for training and retraining qualifications for class II legal aid assistants are prescribed as follows:

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

- Having a certificate of graduation from lawyer training or being exempted from law training;

- Having a certificate of examination of legal aid probation results or a certificate of examination of law practice training results, except for the case of legal aid assistants who have been appointed under the Law on Legal Aid 2006 or been exempted from legal aid probation as prescribed by law.

(Article 4 of Circular 05/2022/TT-BTP)

1.3. Standards of professional competence in Vietnam

Specifically, in Clause 2, Article 6 of Circular 05/2022/TT-BTP, stipulating the standards of professional capacity of class II legal aid assistants as follows:

- Understanding and being able to apply the 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 the assigned legal field;

- Proficiently perform legal aid operations; effective implementation of legal aid activities;

- Being certified by the Legal Aid Department to have successfully participated in at least 01 case;

- Having the capacity to provide professional guidance, legal aid skills to class III legal aid assistants and other legal aid providers;

- 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;

- An officer who takes the exam or is considered for promotion to the title of class II legal aid officer must have held the title of class III legal aid or the equivalent for a full nine cumulative years (108 months) or more, in which the duration of holding the title of class III legal aid assistant is at least one cumulative year (12 months), up to the expiration date of the deadline for submitting the application for registration for examination or consideration for promotion.

2. Duties of Class II Legal aid assistants in Vietnam

Class II legal aid assistants are responsible for performing the tasks specified in Clause 1, Article 6 of Circular 05/2022/TT-BTP, specifically as follows:

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

- Appraisal of the quality of legal aid cases of class II legal aid assistants, class III legal aid assistants, and other legal aid providers as assigned by leaders of state legal aid centers ;

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

- Researching, developing, or organizing the implementation of legal aid documents, programs, and plans; participating in the development of assigned legal aid documents, programs, and plans;

- Editing or participating in the compilation of legal aid training programs and documents;

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

- Performing other assigned duties.

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