Who are legal practitioners? Standards for legal practitioners in Vietnam

Who are legal practitioners? Standards for legal practitioners in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Who are legal practitioners?

According to Article 11 of Decree 55/2011/ND-CP, legal practitioners include:

(i) legal practitioners may be recruited and appointed to legal organizations in ministries, ministerial-level agencies, agencies attached to the Government and specialized agencies under provincial-level People's Committees.

(ii) legal practitioners are mobilized and recruited into legal organizations in the People's Army and People's Public Security units.

(iii) legal practitioners are recruited and appointed to legal organizations in public non-business units.

(iv) legal practitioners are recruited under the labor contract regime into legal organizations in state-owned enterprises.

2. Standards for legal practitioners in Vietnam

Clause 1, Article 12 of Decree 55/2011/ND-CP stipulates the standards for legal practitioners as follows:

- Legal civil servants specified in (i) must be civil servants of the rank of specialist or equivalent, with a bachelor's degree in law or higher.

legal practitioner specified in (iii) means an official with a professional title and a bachelor's degree in law or higher.

- The head of a legal organization must have a bachelor's degree in law or higher and have at least five years of direct legal work.

- The Minister of National Defense and the Minister of Public Security shall base themselves on the standards of legal practitioners and employees specified in (i) and (ii) and provide specific guidance on standards for legal practitioners in the People's Army and People's Public Security. Legal organization in specialized agencies under the Provincial People's Committee

3. Benefits of legal practitioners in Vietnam

Clauses 2 and 3, Article 12 of Decree 55/2011/ND-CP, stipulate the regime of legal practitioners as follows:

- Civil servants, officials, and legal officials specified in Clauses 1, 2 and 3, Article 11 of Decree 55/2011/ND-CP are entitled to preferential allowances according to their profession.

- The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and the Ministry of Finance in formulating and submitting to the Prime Minister regulations on preferential allowances according to occupations for legal practitioners.

- State enterprises can apply the standards and regimes of legal persons specified in Clauses 1 and 2, Article 12 of Decree 55/2011/ND-CP, to select, arrange, use, and decide on regimes for legal staff.

4. Regulations on legal organization in ministries, ministerial-level agencies, and government-attached agencies in Vietnam

Specifically, Article 8 of Decree 55/2011/ND-CP stipulates the legal organization in ministries, ministerial-level agencies, and government-attached agencies as follows:

(1) Ministries and ministerial-level agencies have a Legal Department.

The Legal Department in ministries and ministerial-level agencies is subject to the supervision and guidance of the Ministry of Justice for professional inspection in legal work.

(2) Government agencies have a Legal Department or a Legal Department under the Office.

Legal organizations in agencies attached to the Government are subject to professional management, guidance, and examination in legal work by the Ministry of Justice.

(3) Based on the needs of legal work, ministers and heads of ministerial-level agencies shall submit to the Prime Minister for decision the establishment of legal organizations at General Departments and equivalents under ministries and ministerial-level agencies.

Based on the needs of legal work, ministers and heads of ministerial-level agencies shall decide on the establishment of legal organizations or the arrangement of full-time legal practitioners in departments of ministries and ministerial-level agencies.

Legal organizations at the General Department and equivalent, Departments of ministries and ministerial-level agencies are subject to professional guidance and examination in legal work by the Legal Department of ministries and ministerial-level agencies.

(4) The Minister of National Defense and the Minister of Public Security shall decide on the establishment and structure of the legal organization or the arrangement of full-time legal practitioners to regulate the relationship of legal work in the system of the people's army and people's police force.

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