Circular No. 02/2019/TT-BTP stipulates the obligation to participate in mandatory professional training for lawyers.

CIRCULAR

Regulations on Obligatory Participation in Professional Training for Lawyers bồi dưỡng bắt buộc về chuyên môn, nghiệp vụ của luật sưprofessional training in specialized knowledge and skills for lawyers

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Pursuant to the Lawyers Law No. 65/2006/QH11 dated June 29, 2006, amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Lawyers Law No. 20/2012/QH13 dated November 20, 2012;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to the Government Decree No. 123/2013/NĐ-CP dated October 14, 2013 detailing certain provisions and implementing mechanisms of the Lawyers Law, amended and supplemented by the Government Decree No. 137/2018/NĐ-CP dated October 8, 2018;

At the proposal of the Director of the Department of Judicial Support;

The Minister of Justice issues this Circular regulating the obligations of lawyers to participate in compulsory professional training.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the subjects, time, forms, contents of professional training for lawyers (hereinafter referred to as training), responsibilities of lawyers, organizations practicing law, lawyer social-professional organizations, vocational training institutions for lawyers, state management agencies for lawyers and the practice of law, and handling violations, complaints, and denunciations.

2. This Circular applies to Vietnamese lawyers, Vietnamese organizations practicing law, lawyer social-professional organizations, vocational training institutions for lawyers, state management agencies for lawyers and the practice of law, and related agencies, organizations, and individuals.

Article 2. Principles of Implementation of Training

1. Ensuring sufficient time, content, program, and quality of training.

2. Ensuring responsibility and effectiveness in fulfilling the obligation to participate in training.

Chapter II

IMPLEMENTATION OF TRAINING

Article 3. Contents and Forms of Training

1. Depending on the annual mandatory training requirements, the training content includes one or more of the following:

a) Ethics and professional conduct of lawyers;

b) Updating and supplementing legal knowledge;

c) Skills in practicing law and skills supporting legal practice activities;

d) Management skills for organizations practicing law.

2. Training shall be organized in the form of specialized professional training courses for lawyers or exchanges of legal practice experience.

Article 4. Organization of Training

1. Vietnam Bar Federation (Vietnam Legal Profession Training Center, Vietnam International Commercial Lawyers Club under the Vietnam Bar Federation).

2. Lawyer Associations.

3. Vocational training institutions for lawyers.

The organization of training must ensure the content as prescribed in Article 3 of this Circular.

Article 5. Time for Participation in Training and Conversion of Training Participation Time

1. The minimum time for participation in training is 08 hours/year.

2. A lawyer may have their participation time in training converted in that year if they meet one of the following conditions:

a) Writing legal research articles published in domestic or foreign legal journals; writing books or textbooks published on ethics and professional conduct of lawyers or legal practice skills;

b) Participating in teaching legal subjects, legal practice skills, ethics and professional conduct of lawyers at undergraduate law schools or vocational training institutions for lawyers; participating in teaching training courses or exchanges of legal practice experience as prescribed in this Circular;

c) Participating and completing a judicial title training program;

d) Participating and completing a specialized professional training course on lawyers and legal practice abroad;

e) Participating in training programs, seminars, or roundtable discussions lasting one day or longer on the contents as prescribed in Article 3 of this Circular organized by the Department of Justice or the Bureau of Judicial Assistance.

3. When a lawyer participates in training as prescribed in Clause 2 of this Article, each participation and completion is equivalent to 08 hours of fulfilling the training obligation.

Article 6. Exemption from the Obligation to Participate in Continuing Education

1. The following persons are exempted from the obligation to participate in continuing education for the year:

a) Lawyers serving as members of the National Assembly or People's Councils of provinces and centrally-administered cities;

b) Female lawyers with children under 12 months old are exempted from the obligation to participate in continuing education for the year;

c) Lawyers who, due to health reasons, submit a request and are confirmed by the Board of Directors of the Bar Association;

d) Lawyers aged 70 years or older and having more than 20 years of practice as a lawyer;

đ) Lawyers undergoing long-term treatment at healthcare facilities and suffering from diseases listed in the Ministry of Health's regulations on long-term treatment for three months or more, as certified by authorized health authorities.

2. Lawyers falling under any of the cases stipulated in Clause 1 of this Article shall be responsible for submitting proof of their exemption status to the Bar Association of which they are a member.

Within seven working days from the date of receipt of the proof submitted by lawyers exempted from the obligation to participate in continuing education, the Board of Directors of the Bar Association shall examine and decide on the exemption from the obligation to participate in continuing education for such lawyers.

Article 7. Documents Confirming the Fulfillment of the Obligation to Participate in Continuing Education

1. Certificate of participation in continuing education according to Model BDLS-04 issued by the organization prescribed in Article 4 of this Circular.

2. Magazines, books, and textbooks published in accordance with point a, Clause 2, Article 5 of this Circular.

3. Confirmation documents or certificates proving participation in activities specified in points b, c, d, đ, Clause 2, Article 5 of this Circular.

Article 8. Continuing Education Costs

Organizations implementing continuing education shall collect continuing education costs from participants based on the principle of transparent and fair cost recovery in accordance with financial laws.

Chapter III

RIGHTS AND RESPONSIBILITIES FOR IMPLEMENTING CONTINUING EDUCATION AND ATTACHED DOCUMENTS

Article 9. Rights and Responsibilities of Lawyers

1. To fully participate in continuing education as prescribed in Article 5 of this Circular.

2. To choose organizations implementing continuing education and content suitable to their field of practice and personal training needs.

3. To submit one of the documents prescribed in Article 7 of this Circular to the Bar Association where they are members before December 15 each year.

Article 10. Responsibilities of Law Practice Organizations

1. To create conditions for lawyers in their organization to fulfill the obligation to participate in continuing education.

2. To ensure that lawyers in their organization fully comply with the obligation to participate in continuing education as prescribed in this Circular.

Article 11. Responsibilities of Professional Associations of Lawyers

1. Responsibilities of the Vietnam Bar Federation:

a) To guide, monitor, summarize, and evaluate the implementation of continuing education by the Vietnam Bar Federation and Bar Associations; to be responsible for ensuring that all member lawyers participate fully in continuing education as prescribed in this Circular;

b) To compile and send the Ministry of Justice reports on the results of continuing education along with lists of participating lawyers for the year and plans for the next year's continuing education of the Vietnam Bar Federation and Bar Associations before December 31 each year;

c) To post on the Vietnam Bar Federation’s website the annual continuing education plan of the Vietnam Bar Federation and Bar Associations before January 15; the implementation of continuing education and its program as requested by Bar Associations at least five working days before the implementation date. In case of amendments or supplements to the continuing education plan, the Vietnam Bar Federation shall report to the Ministry of Justice and post on its website the details of the amendments or supplements at least thirty days before the implementation date;

d) To guide Bar Associations in organizing and implementing continuing education according to the posted plan, ensuring sufficient courses for lawyers to participate; to issue certificates of participation in continuing education according to the prescribed model in this Circular; to be responsible for the quality and effectiveness of the continuing education implemented by them; to collect, manage, and use funds for continuing education in accordance with this Circular and relevant financial laws;

đ) To handle complaints and denunciations regarding continuing education of lawyers in accordance with the law.

2. Responsibilities of Bar Associations:

a) To monitor, urge, and organize the implementation of continuing education for member lawyers;

b) To send the Vietnam Bar Federation and the Department of Justice where it has its headquarters reports on the results of continuing education, lists of participating lawyers for the year, and plans for the next year's continuing education before December 15 each year;

c) To post on the Bar Association’s or Vietnam Bar Federation’s website the annual continuing education plan of the Bar Association before January 15; the implementation of continuing education and its program at least five working days before the implementation date. In case of amendments or supplements to the continuing education plan, the Bar Association shall report to the Vietnam Bar Federation and the Department of Justice and post on its website or the Vietnam Bar Federation’s website the details of the amendments or supplements at least thirty days before the implementation date;

d) To implement continuing education strictly according to the posted plan; to issue certificates of participation in continuing education according to the prescribed model in this Circular; to be responsible for the quality and effectiveness of the continuing education implemented by them; to collect, manage, and use funds for continuing education in accordance with the law;

đ) To impose disciplinary actions on lawyers who violate the obligation to participate in continuing education;

e) To handle complaints and denunciations regarding continuing education of lawyers in accordance with the law.

Article 12. Responsibilities of Vocational Training Institutions for Lawyers

1. Annually, develop a plan for continuing education, report to the Ministry of Justice, and organize the implementation of continuing education according to the plan; issue certificates of participation in continuing education in accordance with the model prescribed in this Circular; be responsible for the quality and effectiveness of the continuing education they implement; collect, manage, and use the costs of implementing continuing education in accordance with the provisions of the law.

2. Publish on the vocational training institution's electronic information website the annual continuing education plan of the vocational training institution before January 15, and the continuing education activities and program of the vocational training institution at least five working days before the date of implementation. In case there are amendments or supplements to the continuing education plan, the vocational training institution shall report to the Ministry of Justice and publish on its electronic information website the content of such amendments or supplements at least thirty days before the date of implementation.

3. Send to the Ministry of Justice reports on the results of continuing education, lists of lawyers participating in continuing education during the year, and the next year’s continuing education plan before December 31 each year.

Article 13. Responsibilities of Provincial Departments of Justice

1. Monitor, supervise, summarize, and evaluate the implementation of lawyer continuing education in their locality.

2. Inspect, audit, and handle violations related to lawyer continuing education in accordance with the provisions of the law.

3. Advise provincial People's Committees and centrally-administered city People's Committees on suspending or canceling the implementation of continuing education by lawyer associations that do not comply with the continuing education plan.

4. In cases where training sessions, seminars, or roundtables are organized as stipulated in point d, Clause 2, Article 5 of this Circular, the Department of Justice shall have the following responsibilities:

a) Send the Ministry of Justice the program and plan for the training session, seminar, or roundtable discussion before its organization and publish it on the Department of Justice's electronic information website;

b) Issue a document confirming the participation of lawyers in training sessions, seminars, or roundtables organized by them, including all necessary information in accordance with the model of the Certificate of Participation in Continuing Education prescribed in this Circular.

Article 14. Responsibilities of the Ministry of Justice

1. The Ministry of Justice assists the Government in managing the state affairs concerning lawyers and the practice of law and has the following responsibilities:

a) Monitor, summarize, and evaluate the implementation of continuing education nationwide;

b) Provide opinions, suspend or cancel, or refuse to recognize the implementation of continuing education by agencies or organizations that do not comply with the continuing education plan or contain content contrary to the provisions of the law;

c) Inspect, audit, handle violations, and resolve complaints and denunciations related to lawyer continuing education in accordance with the provisions of the law.

2. Responsibilities of the Legal Aid Agency:

a) Assist the Minister of Justice in managing state affairs concerning lawyers and the practice of law related to the continuing education of lawyers in accordance with the contents stipulated in Clause 1 of this Article;

b) In cases where training sessions, seminars, or roundtables are organized as stipulated in point d, Clause 2, Article 5 of this Circular, the Legal Aid Agency shall publish on its electronic information website the training session, seminar, or roundtable plan before the date of organization; issue a document confirming the participation of lawyers in training sessions, seminars, or roundtables organized by them, including all necessary information in accordance with the model of the Certificate of Participation in Continuing Education prescribed in this Circular.

Article 15. Forms of documents issued together with this Circular

1. Report on the results of training (Form BDLS-01).

2. Training plan (Form BDLS-02).

3. List of lawyers participating in training (Form BDLS-03).

4. Certificate of participation in training for lawyers (Form BDLS-04).

5. Program on professional and vocational training for lawyers (Form BDLS-05).

Chapter IV

VIOLATIONS HANDLING, COMPLAINTS AND REPORTS RESOLUTION

Article 16. Disciplinary measures against lawyers violating the obligation to participate in training

1. A lawyer who commits an act violating the obligation to participate in training shall be subject to one of the following disciplinary measures depending on the nature and degree of violation:

a) Reprimand;

b) Warning;

c) Suspension from membership in the Bar Association for six months to two years.

In addition to complying with the disciplinary measure, the lawyer is responsible for fulfilling the obligation to participate in training in the following year.

2. The Vietnam Bar Federation shall specify acts violating the obligation to participate in training and corresponding disciplinary measures.

3. The Board of Directors of the Bar Association shall examine and decide on disciplinary measures against lawyers in accordance with the provisions of the law and the Charter of the Vietnam Bar Federation.

Article 17. Complaints regarding disciplinary decisions against lawyers violating the obligation to participate in training

1. Lawyers have the right to file complaints about disciplinary decisions concerning violations of the obligation to participate in training.

2. The authority, procedures, and formalities for handling complaints shall be carried out in accordance with the provisions of Article 86 of the Lawyer Law and relevant laws.

Article 18. Handling violations by lawyers and organizations implementing training

1. Lawyers who violate the provisions of this Circular, in addition to being subject to disciplinary measures, may also be subject to administrative penalties according to the law depending on the nature and degree of violation.

2. Organizations implementing training that violate the provisions of this Circular shall be subject to administrative penalties according to the law depending on the nature and degree of violation.

Article 19. Reporting

Individuals have the right to report to competent state agencies about violations of the provisions of this Circular. The resolution of reports shall comply with the provisions of the law on reporting and relevant laws.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from May 5, 2019, replacing Circular No. 10/2014/TT-BTP dated April 7, 2014, issued by the Minister of Justice on the obligations of lawyers to participate in professional and vocational training.

2. In 2019, the publication of the 2019 training plan on the website of the Vietnam Bar Federation, Bar Associations, and law practice training institutions, and submission to the Ministry of Justice in accordance with Articles 11 and 12 of this Circular must be completed before June 14, 2019.

Article 21. Organization of Implementation

1. The Director of the Legal Aid Administration, the Chairman of the Vietnam Bar Federation, the heads of law practice training institutions, the heads of units under the Ministry, the Directors of Justice Departments, the Chairmen of Bar Associations, and the heads of related agencies and organizations are responsible for implementing this Circular.

2. During implementation, if there are difficulties, they are requested to promptly reflect them to the Ministry of Justice for research and guidance./.