Circular No. 10/2014/TT-BTP on the obligation to participate in professional development training for lawyers

CIRCULAR

Regulations on the obligation to participate in professional training for lawyers

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Based on 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. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 123/2013/NĐ-CP dated October 14, 2013 of the Government detailing certain provisions and measures for the implementation of the Lawyers Law;

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

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

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the subjects, time, form, content of professional training for lawyers; handling lawyers who violate the obligation to participate in professional training (hereinafter referred to as the obligation to participate in training); tuition fees for attending professional training courses for lawyers; responsibilities of lawyers, organizations practicing law, lawyer social-professional organizations, state management agencies for lawyers and legal practice in implementing the obligation to participate in training; handling violations, resolving complaints and denunciations.

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

Article 2. Principles of Implementation of Training

The implementation of training must ensure the following principles:

1. Updating and supplementing legal knowledge and skills in legal practice.

2. Ensuring sufficient time, content, program, and quality of professional training for lawyers.

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

Article 3. Responsibilities of lawyers

1. Participate fully in the time allocated for professional training.

2. Select content and programs of training that are appropriate to their field of practice.

3. Pay tuition fees for attending professional training courses for lawyers (hereinafter referred to as training courses) according to Article 13 of this Circular, except in cases where exemption is provided for by the Vietnam Bar Federation.

4. Submit to the Bar Association where the lawyer is a member one of the documents specified in Article 14 of this Circular to prove compliance with the obligation to participate in training before December 15 each year.

5. Other responsibilities as prescribed by the Lawyers Law, Government Decree No. 123/2013/NĐ-CP dated October 14, 2013 detailing certain provisions and measures for the enforcement of the Lawyers Law (hereinafter referred to as Decree No. 123/2013/NĐ-CP), and this Circular.

Article 4. Responsibilities of organizations practicing law

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

2. Check the fulfillment of the obligation to participate in training by lawyers in their organization.

3. Send the list of lawyers who have attended training courses organized by the organization to the Department of Justice and the Bar Association where the organization has its headquarters before December 15 each year.

4. Other responsibilities as prescribed by the Lawyers Law, Decree No. 123/2013/NĐ-CP, and this Circular.

Article 5. Responsibilities of lawyer social-professional organizations

1. The Bar Association shall have the following responsibilities:

a) Compile a list of lawyers who fulfill the annual obligation to participate in training of their Bar Association, send it to the Vietnam Bar Federation, and also send it to the Department of Justice where the Bar Association has its headquarters, and publish it on the Bar Association's website or announce it at the Bar Association's headquarters;

b) Inspect the fulfillment of the obligation to participate in training by lawyers who are members of their Bar Association;

c) Discipline lawyers who violate the obligation to participate in training according to the Lawyers Law, this Circular, and the Charter of the Vietnam Bar Federation;

d) Resolve complaints and denunciations regarding professional training for lawyers according to the Lawyers Law, this Circular, and the Charter of the Vietnam Bar Federation;

đ) Other responsibilities as prescribed by the Lawyers Law, Decree No. 123/2013/NĐ-CP, and this Circular.

2. The Vietnam Bar Federation shall have the following responsibilities:

a) Develop the content, program, materials, and annual training plan and approve them after obtaining the agreement of the Ministry of Justice;

b) Set the framework for tuition fee levels for lawyers participating in training courses, the categories eligible for exemption or reduction in tuition fees for training courses after obtaining the agreement of the Ministry of Justice;

c) Be responsible for the quality and effectiveness of training courses conducted by the organizations specified in Article 11 of this Circular;

d) Compile a list of lawyers nationwide who fulfill the annual obligation to participate in training and publish it on the Vietnam Bar Federation's website;

đ) Guide, monitor, supervise, summarize, and evaluate the implementation of the obligation to participate in training nationwide;

e) Resolve complaints and denunciations regarding professional training for lawyers according to the Lawyers Law, this Circular, and the Charter of the Vietnam Bar Federation;

g) Before December 31 each year or upon request, report to the Ministry of Justice on the implementation of the obligation to participate in training by lawyers across the country;

h) Other responsibilities as prescribed by the Lawyers Law, Decree No. 123/2013/NĐ-CP, and this Circular.

Article 6. Responsibilities of the Department of Justice

The Department of Justice shall carry out inspection, supervision, and handling of violations related to the professional training of lawyers in accordance with the Lawyers Law, Decree No. 123/2013/NĐ-CP, this Circular, and other relevant laws.

Article 7. Responsibilities of the Ministry of Justice

1. The Ministry of Justice shall be responsible for state management of the professional training of lawyers as follows:

a) Inspection, supervision, handling of violations, and resolution of complaints and denunciations related to the professional training of lawyers in accordance with the Lawyers Law, Decree No. 123/2013/NĐ-CP, this Circular, and other relevant laws;

b) Suspension of implementation and request for amendment and supplementation of regulations and guidelines issued by the Vietnam Bar Federation on the professional training of lawyers that contravene the Lawyers Law, Decree No. 123/2013/NĐ-CP, and this Circular;

c) Resolution of complaints and denunciations against regulations, guidelines, and decisions of the Vietnam Bar Federation related to the professional training of lawyers.

2. The Judicial Support Agency assists the Minister of Justice in implementing state management of the professional training of lawyers as stipulated in Clause 1 of this Article, with the following tasks and authorities:

a) Providing comments on the content, program, materials, and annual training plan developed by the Vietnam Bar Federation;

b) Providing comments on the Vietnam Bar Federation's regulations regarding tuition fee frameworks, exemptions, and reductions for participants in training courses;

c) Inspecting and supervising the issuance and implementation of regulations and guidelines on the professional training of lawyers and the organization of such training to ensure compliance with legal provisions;

d) Proposing the Minister of Justice to suspend or request amendments and supplements to regulations and guidelines on the professional training of lawyers that contravene legal provisions;

đ) Resolving complaints and denunciations against regulations, guidelines, and decisions of the Vietnam Bar Federation related to the professional training of lawyers;

e) Other responsibilities as prescribed by the Lawyers Law, Decree No. 123/2013/NĐ-CP, and this Circular.

Chapter II

PROFESSIONAL TRAINING OF LAWYERS

Article 8. Duration of Participation in Training

The minimum duration of participation in professional training for lawyers is two working days per year (16 working hours per year).

Article 9. Temporary Suspension of Obligation to Participate in Training

1. A lawyer may be temporarily suspended from fulfilling the obligation to participate in training for up to one year in cases where they require long-term treatment at a healthcare facility, are participating in overseas training programs, or have other valid reasons, provided that such suspension is confirmed by the practicing law firm or the Bar Association to which the lawyer belongs if the lawyer practices individually. The lawyer is responsible for completing the required training time in the following year.

2. The Bar Association's Executive Board has the authority to decide on the temporary suspension of a lawyer's obligation to participate in training, and to send a list of suspended lawyers along with the period of suspension to the Vietnam Bar Federation.

Article 10. Forms of Fulfilling the Obligation to Participate in Continuing Education

1. Lawyers participating in continuing education classes organized by the organizations specified in Article 11 of this Circular shall complete such classes. Upon completion, the organization conducting the class shall issue a Certificate of Participation in Continuing Education Class according to the form attached to this Circular (Form TP-LS-01) to the lawyer.

2. Lawyers are exempt from participating in continuing education classes if they fall under any of the following circumstances:

a) Teaching at continuing education classes organized by the organizations specified in Article 11 of this Circular;

b) Teaching about laws, legal skills, ethics, and professional conduct for lawyers at training institutions for legal practice;

c) Participating in specialized continuing education courses on legal practice and the profession of lawyer abroad.

3. The time spent participating in any of the forms prescribed in Clause 2 of this Article must be at least equal to the time required for participation in continuing education as stipulated in Article 8 of this Circular.

Article 11. Organizations Conducting Continuing Education Classes

1. Organizations conducting continuing education classes include:

a) Vietnam Bar Federation;

b) Bar Association;

c) Legal Practice Training Institutions;

d) Law Firm Organizations.

2. The Bar Association, legal practice training institutions, and law firm organizations shall organize continuing education classes after reaching a consensus with the Vietnam Bar Federation regarding the content, program, materials, and plan for continuing education; before December 15th each year or upon request, report to the Vietnam Bar Federation on the implementation of the continuing education classes.

3. Annually, based on a consensus with the Vietnam Bar Federation, the Bar Association decides on the list of law firm organizations that have the capacity and conditions to conduct continuing education classes and publishes this list on the Bar Association's electronic information website or announces it at the Bar Association's headquarters.

Article 12. Content and Materials of Continuing Education Classes

1. The content of continuing education classes includes:

a) Updating and supplementing legal knowledge;

b) Advanced legal practice skills in specific fields;

c) Management skills for law firm organizations;

d) Rules of ethics and professional conduct for lawyers.

2. The materials for continuing education classes conducted by the organizations specified in Article 11 of this Circular must be compiled by reputable and experienced lawyers or legal experts. These materials must be updated regularly and supplemented with new legal provisions and detailed content on legal practice skills.

3. At least 15 days before organizing the continuing education class, the organizations specified in Points b, c, and d of Clause 1 of Article 11 of this Circular must send the content, program, materials, and organizational plan of their continuing education classes to the Vietnam Bar Federation for review and comments.

4. At least 7 working days before organizing the continuing education class, the Vietnam Bar Federation must send the content, program, materials, and organizational plan of its continuing education classes to the Ministry of Justice for review and comments.

Article 13. Tuition Fees for Participation in Continuing Education Classes

Tuition fees for participation in continuing education classes on legal practice and professional skills are intended to cover the costs of organizing these classes by the organizations conducting continuing education. The Vietnam Bar Federation sets a framework for tuition fee collection, exemptions, and reductions for participation in continuing education classes and sends this framework to the Ministry of Justice for review and comments at least 15 days before issuance.

Article 14. Documents Proving Compliance with the Obligation to Participate in Continuing Education

A lawyer shall submit a copy of one of the following documents to prove compliance with the obligation to participate in continuing education:

1. Certificate issued by organizations conducting the continuing education course.

2. Confirmation of participation in teaching issued by organizations conducting the continuing education course.

3. Confirmation of participation in teaching issued by law training institutions or institutions providing continuing legal practice education.

4. Certificates, Certificates, or other documents proving participation in specialized and vocational continuing education courses on legal practice and the profession of lawyer abroad.

Chapter III

VIOLATIONS HANDLING, COMPLAINTS AND REPORTS RESOLUTION

Article 15. Disciplinary Measures for Lawyers Violating the Obligation to Participate in Continuing Education

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 twelve months.

In addition to complying with the disciplinary measure, the lawyer shall fulfill the obligation to participate in continuing education for that year 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 consider and decide on disciplinary measures against lawyers based on the recommendations of the Award and Discipline Council of the Bar Association.

Article 16. Appeals Against Decisions on Disciplinary Measures for Violations of the Obligation to Participate in Continuing Education

Lawyers have the right to appeal decisions on disciplinary measures for violations of the obligation to participate in continuing education.

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

Article 17. Handling Violations by Organizations Conducting Continuing Education Courses

If an organization conducting a continuing education course commits any of the following violations, it shall be subject to administrative penalties under the laws on administrative violations depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law:

1. Deception in issuing certificates of participation in continuing education courses.

2. Collecting tuition fees for participation in continuing education courses exceeding the prescribed tuition fee range set by the Vietnam Bar Federation.

3. Other violations as stipulated in the Lawyer Law, Decree No. 123/2013/NĐ-CP, and this Circular.

Article 18. Reporting

Individuals have the right to report to competent state agencies regarding violations of the provisions of this Circular. The handling of reports shall comply with the laws on reporting.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from May 21, 2014.

Article 20. Responsibility for Implementation

The Director of the Office, the Director of the Legal Aid Department, the Chairman of the Vietnam Bar Federation, and the heads of relevant agencies and organizations are responsible for implementing this Circular./.