| THE MINISTRY OF JUSTICE ---------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 02/2007/TT-BTP | Hanoi , April 25th, 2007 |
CIRCULAR
GUIDING A NUMBER OF PROVISIONS OF THE LAW ON LAWYERS AND THE DECREE DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON LAWYERS
Pursuant to the June 29, 2006 Law No. 65/2006/QH11 on Lawyers;
Pursuant to the National Assembly's Resolution No. 65/2006/QH11 of June 29, 2006, on the implementation of the Law on Lawyers;
Pursuant to the Government's Decree No. 28/2007/ND-CP of February 26, 2007, detailing and guiding the implementation of a number of articles of the Law on Lawyers;
Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
The Ministry of Justice guides the implementation of a number of provisions of the Law on Lawyers and Decree No. 28/2007/ND-CP as follows:
I. LAWYER TRAINING
1. Lawyer-training establishments include the Justice Academy under the Justice Ministry and lawyer-training establishments set up by the National Bar Association.
A lawyer-training establishment must satisfy all the following criteria:
a/ Having at least one trainer for every 20 trainees;
A trainer training lawyers must be a lawyer who has practiced law as a lawyer, a judge, a procurator or a specialized legal expert for at least 5 years; has professional prestige, teaching skills, and good political and moral qualities;
Lawyer trainers may be full-time or part-time;
b/ Having a contingent of administrators, including the director and officers in charge of organization, training, administrative affairs and administration;
c/ Having a lawyer-training program and textbooks conformable with the framework program promulgated by the Minister of Justice;
d/ Having stable facilities, adequate financial capacity and other physical conditions for at least 200 trainees per training course.
2. A dossier of application for permission to set up a lawyer-training establishment comprises:
a/ A written request for permission to set up a lawyer-training establishment;
b/ A scheme on setting up a lawyer-training establishment, specifying sources of trainers and administrators, training scope, location of the establishment and financial sources;
c/ The curriculum vitae of the director of the establishment;
d/ A list of trainers, enclosed with their resumes; and written commitments on participation in training at the establishment, for part-time trainers;
e/ The lawyer-training program and textbooks expected to be used;
f/ A document certifying land use rights or house ownership rights or a competent agency's written approval on the right to use land for a long term in order to build the establishment, or a house or land rental contract (valid for at least 5 years);
g/ A competent finance agency's written certification of the financial capacity of the applying organization.
3. Dossiers of application for permission to set up lawyer-training establishments are sent to the Ministry of Justice. Within 30 days after receiving a complete dossier, the Minister of Justice shall consider and issue a permit for setting up a lawyer-training establishment; in case of refusal, he/she shall give a written reply clearly stating the reason.
The Judicial Assistance Department shall receive and evaluate dossiers of application for permission to set up lawyer-training establishments.
4. A lawyer-training establishment set up by the National Bar Association has the legal status and operates according to the law applicable to non-public education and training establishments.
5. The Judicial Assistance Department shall assume the prime responsibility for, and coordinate with the Personnel and Organization Department and the Justice Academy in formulating a lawyer-training framework program to be submitted to the Minister of Justice for promulgation.
6. If wishing to be recognized in Vietnam, persons holding lawyer-training certificates issued by competent foreign agencies or organizations shall send dossiers of request to the Ministry of Justice.
A dossier of request for recognition of a lawyer-training certificate comprises:
a/ A written request for recognition of a lawyer-training certificate;
b/ A copy of the lawyer-training graduation certificate, enclosed with the relevant lawyer-training program.
Within 15 days after receiving a complete dossier, the Minister of Justice shall issue a decision recognizing a lawyer-training certificate; in case of refusal, he/she shall give written reply clearly stating the reason; the refused requester may complain about the decision in accordance with law.
II. PROCEDURES FOR WITHDRAWAL OF LAW PRACTICE CERTIFICATES
1. The Minister of Justice may decide to withdraw the law practice certificate of a lawyer who falls into one of the cases specified in Clause 1, Article 18 of the Law on Lawyers.
2. If a lawyer is disciplined in the form of having his/her name deleted from the roll of lawyers of a bar association, within 7 working days after issuing the disciplining decision, the managing board of the bar association where the disciplined lawyer works may make a written request to the Minister of Justice for withdrawal of that lawyer's law practice certificate.
If detecting that a lawyer falls into one of the cases specified at Point a, b, c, e or f, Clause 1, Article 18 of the Law on Lawyers, the managing board of the bar association of which the lawyer is a member shall report the case to and request the Minister of Justice to withdraw that lawyer's law practice certificate.
3. Within 15 days after receiving a written request for withdrawal of a law practice certificate, the Minister of Justice shall issue a decision on the withdrawal of the law practice certificate; in case of refusal, he/she shall give a written reply stating the reason.
A decision on the withdrawal of a law practice certificate is sent to the lawyer who has the withdrawn certificate, the bar association of which he/she was a member, the National Bar Association, the central legal proceeding-conducting agencies and the provincial/municipal Justice Service of the locality where exists the bar association of which the lawyer was a member.
Within 7 working days after issuing a decision on the withdrawal of a law practice certificate, the Ministry of Justice shall publish that decision in three consecutive issues of the Vietnam Law (Phap Luat Viet Nam) newspaper.
Within 7 working days after receiving a decision on the withdrawal of a law practice certificate, the National Bar Association shall withdraw the lawyer's card of the lawyer having the withdrawn certificate. The managing board of the bar association is responsible for collecting the law practice certificate and lawyer's card of that lawyer.
4. A person whose law practice certificate is withdrawn must stop practicing law from the date the decision on the withdrawal of the law practice certificate takes effect.
III. TRANSITIONAL PROVISIONS APPLICABLE TO LAWYERS
1. Law practice certificates granted under the 2001 Ordinance on Lawyers continue to be valid according to the Law on Lawyers.
2. Probationary lawyers governed by the 2001 Ordinance on Lawyers may continue to practice law on a probationary basis; but must neither agree to provide nor provide legal services to customers.
If a probationary lawyer governed by the 2001 Ordinance on Lawyers is providing legal services to a customer, he/she must hand over the case to the supervisory lawyer; if the customer disagrees, the law-practicing organization where the supervising lawyer practices law and the customer may reach agreement on the handling of the case.
3. The probation period of a lawyer under the 2001 Ordinance on Lawyers shall be accounted into the probation period of that lawyer under the Law on Lawyers.
4. Lawyer's cards granted under the 2001 Ordinance on Lawyers are no longer valid. The managing boards of bar associations are responsible for withdrawing probationary lawyer's cards.
5. A probationary lawyer under the 2001 Ordinance on Lawyers who practices law in a law-practicing organization in a locality other than the locality where exists the bar association which he/she has joined may continue practicing law on a probationary basis at that organization but must register the probation in accordance with the Law on Lawyers at the bar association in the locality where that organization registers its operation. When registering the probation, a probationary lawyer shall transfer the original dossier from the bar association which he/she has joined to the bar association where he/she registers the probation.
6. Pending the establishment of the National Bar Association, the Ministry of Justice shall examine lawyer's probation results in accordance with the Regulation on lawyers' probation completion tests issued together with the Justice Minister's Decision No. 667/2004/QD-BTP of December 8, 2004.
7. Pending the establishment of the National Bar Association, the managing boards of bar associations shall grant lawyer's cards according to the form set by the Ministry of Justice.
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