Who is exempt from lawyer training in Vietnam?

Who is exempt from lawyer training in Vietnam? (Internet image) 

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

1. Who is exempt from lawyer training in Vietnam?

According to Article 13 of the Law on Lawyers 2006, persons exempt from lawyer training include:

- Those who have been judges, procurators or investigators.

- Professors, associate professors of law; doctors of law.

- Those who have been senior court examiners; senior procuracy inspectors; senior legal experts, researchers or lecturers.

- Those who have been principal court examiners or principal procuracy inspectors; principal legal experts, researchers or lecturers.

2. Who is entitled to law practice probation exemption or reduction in Vietnam

Pursuant to Article 16 of the Law on Lawyers 2006 (amended in 2012), Persons entitled to law practice probation exemption or reduction include:

- People being judges, procurators, senior investigators, intermediate investigators, professors, associate professors of law, Doctors of law, senior inspectors of the court, the senior inspectors of the procuracy, senior law experts, senior law researchers, senior law lecturers are exempted from lawyer apprenticeship.

- People being junior investigators, major inspectors of the court, major inspectors of the procuracy, law experts, researchers, lecturers are eligible for 2/3 reduction in the lawyer apprenticeship period.

- The people that have worked as law experts, researchers, and lecturers, inspectors of the court, inspectors of the procuracy for at least 10 years are eligible for 50% reduction in lawyer apprenticeship period.

3. Proof of exemption from law practice training and exemption from or reduction in legal traineeship period in Vietnam

According to Article 4 of Circular 05/2021/TT-BTP, the proof demonstrating that a person is exempt from lawyer training as prescribed in Article 13 of the Law on Lawyers 2006 or is exempted or reduced from his/her legal traineeship period as prescribed in Article 16 of the Law on Lawyers 2006 is one of the following documents:

- A copy of the decision on appointment or re-appointment of a judge, procurator, investigator, or the resolution of the People's Council, the minutes of judge election of the People's Council, for a case where the judge is elected by the People’s Council at the district or province level.

- A copy of the decision to award the title of Professor or Associate Professor of Law or a copy of the doctorate degree in law.

- A copy of the decision on appointment or re-appointment of senior examiner of the court branch, senior examiner of the Procuracy branch, principal examiner of the Court branch, principal examiner of the Procuracy branch or decision on appointment of senior official, senior researcher, senior lecturer, principal official, principal researcher, principal lecturer in the field of law.

- A copy of the hiring decision, the contract to work in the legal field.

- Other lawful documents proving that the person is exempt from lawyer practice training; exemption from or reduction in legal traineeship period.

4. Practicing scope in Vietnam

Practicing scope is prescribed in Article 22 of the Law on Lawyers 2006 as follows:

- Participating in legal proceedings as defense counsels for detainees, the accused or defendants or as defenders of interests of victims, claimants or respondents in civil cases, or of people with related interests and obligations in criminal cases.

- Participating in legal proceedings as representatives or defenders of legitimate rights and interests of claimants, respondents, persons with related rights and obligations in civil disputes, marriage and family, business, commercial, labor or administrative cases or affairs as well as in other cases and affairs specified by law.

- Providing legal consultancy.

- Representing clients beyond legal proceedings in order to carry out related legal tasks.

- Providing other legal services in accordance with the Law on Lawyers 2006.

Ho Quoc Tuan

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