Circular No. 10/2021/TT-BTP guiding the probation period for practicing as a lawyer

CIRCULAR

Guidelines for the probationary period for practicing as a lawyer

Pursuant to the Lawyers Law dated June 29, 2006; the Law Amending and Supplementing Certain Provisions of the Lawyers Law dated November 20, 2012;

Pursuant to Decree No. 123/2013/ND-CP dated October 14, 2013 of the Government detailing certain provisions and measures for implementing the Lawyers Law; Decree No. 137/2018/ND-CP dated October 8, 2018 of the Government amending and supplementing certain provisions of Decree No. 123/2013/ND-CP dated October 14, 2013 of the Government detailing certain provisions and measures for implementing the Lawyers Law;

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;

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

The Minister of Justice issues this Circular guiding the probationary period for practicing as a lawyer.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates matters related to the probationary period for practicing as a lawyer, the examination of results from the probationary period for practicing as a lawyer; management of the probationary period for practicing as a lawyer and the examination of results from the probationary period for practicing as a lawyer; disciplinary actions, complaints, and accusations related to the probationary period and the examination of results from the probationary period for practicing as a lawyer.

Article 2. Applicability

This Circular applies to individuals undergoing the probationary period for practicing as a lawyer (hereinafter referred to collectively as probationers), lawyers guiding probationers, organizations practicing as lawyers accepting probationers, individuals participating in the examination of results from the probationary period for practicing as a lawyer, social-professional organizations of lawyers, state administrative agencies responsible for lawyers and the practice of law, and related individuals and organizations.

Chapter II
PROBATIONARY PERIOD FOR PRACTICING AS A LAWYER

Article 3. Individuals undergoing the probationary period for practicing as a lawyer

1. Individuals meeting the following conditions shall be eligible to register for the probationary period for practicing as a lawyer:

a) Vietnamese citizens loyal to the country, abiding by the Constitution and laws, with good moral character;

b) Holding a Bachelor's degree in law or a Master's degree in law;

c) Possessing a Certificate of Completion of Legal Practice Training in Vietnam or a Decision Recognizing Legal Practice Training Abroad or proof exempting from legal practice training but required to undergo the probationary period for practicing as a lawyer according to Clause 2, Article 16 of the Lawyers Law.

2. Probationers found not to meet the conditions specified in Clause 1 of this Article shall terminate their probationary period and have their time spent on probation not recognized. Those who have completed the probationary period but are subsequently found not to meet the conditions specified in Clause 1 of this Article shall also have their time spent on probation not recognized.

Article 4. Acceptance of the probationary period for practicing as a lawyer

1. Individuals wishing to undergo the probationary period for practicing as a lawyer select and agree with a legal practice organization to accept them for probation. The legal practice organization accepting probation assigns a lawyer to guide them and sends a Confirmation Letter regarding acceptance of the probationary period for practicing as a lawyer to the probationer and the Bar Association at the location where the organization is headquartered.

2. In cases where individuals wishing to undergo the probationary period for practicing as a lawyer cannot reach an agreement with a legal practice organization regarding acceptance of probation, they may request the Bar Association's Management Board to introduce a legal practice organization for probation. Within ten days from receiving the request, the Bar Association's Management Board has the responsibility to assign a member lawyer of the Bar Association, who is the head of a legal practice organization, to accept them for probation. If the assigned head of the legal practice organization refuses to accept probation without a valid reason, they will be subject to review and handling according to Clause 3, Article 33 of this Circular.

3. Legal practice organizations accepting probation include:

a) Law firms, law companies; branches of law firms, law companies;

b) Branches of foreign legal practice organizations in Vietnam; foreign law companies in Vietnam, branches of foreign law companies in Vietnam.

Article 5. Registration for Lawyer Internship

1. A person who meets the conditions stipulated in Clause 1, Article 3 of this Circular shall register for internship at the Bar Association where the practicing lawyer organization accepting the internship has its headquarters.

2. The registration dossier for internship includes:

a) An application form for registration of lawyer internship issued together with this Circular;

b) A confirmation letter from the practicing lawyer organization accepting the internship regarding the internship acceptance;

c) A copy of the Bachelor's Degree in Law or a copy of the Master's Degree in Law;

d) A copy of the Certificate of Completion of Legal Practitioner Training in Vietnam or a copy of the Decision recognizing legal practitioner training abroad or a copy of the document proving reduction in the duration of lawyer internship according to Clause 2 and Clause 3, Article 16 of the Lawyers Law.

3. Within five working days from the date of receiving a complete and valid dossier, the Board of Directors of the Bar Association shall record the name of the intern in the list of interns of the Bar Association and issue a Certificate of Lawyer Internship to the intern according to the form issued together with this Circular; in case of refusal, it must notify in writing and specify the reasons. The person refused has the right to appeal according to the provisions of this Circular.

Within seven working days from the date of issuing the Certificate of Lawyer Internship, the Board of Directors of the Bar Association shall send a notification letter to the practicing lawyer organization accepting the internship.

Article 6. Content of Lawyer Internship

1. Laws on lawyers and legal practice, the Code of Ethics and Professional Conduct of Vietnamese Lawyers.

2. Skills in researching, collecting materials, and proposing solutions for case files.

3. Skills in participating in litigation as defense counsel for persons arrested, detained, accused, or defendants or as representatives of the interests of victims, civil plaintiffs, civil defendants, or parties with rights and obligations in criminal cases.

4. Skills in participating in litigation as representatives or defenders of the legitimate rights and interests of plaintiffs, defendants, or parties with rights and obligations in civil disputes, family law cases, business and trade, labor, administrative cases, and other cases and matters as prescribed by law.

5. Legal advisory skills.

6. Skills in representing clients outside litigation to perform tasks related to the law.

7. Skills in performing other legal services.

Article 7. Internship Diary, Report on Internship Process

1. The intern shall establish an Internship Diary according to the model prescribed in this Circular to record the internship activities they undertake during the internship period. The Internship Diary shall be confirmed by the supervising lawyer and the practicing lawyer organization accepting the internship upon completion of the internship process.

2. Upon completion of the lawyer internship period, the intern shall submit a written report on the internship process according to the model prescribed in this Circular to the Bar Association where the internship was registered. The report on the internship process must include comments, signature of the supervising lawyer, confirmation of the practicing lawyer organization accepting the internship, and evaluation by the Bar Association on the ethical character and legal compliance awareness of the intern.

Article 8. Guidance for probationary lawyers

1. A Vietnamese lawyer currently practicing in a legal practice organization, with at least three years of experience, having reputation, not being within the period of application of disciplinary measures or under consideration for disciplinary measures according to the Statutes of the Vietnam Bar Federation, shall be eligible to guide probationary lawyers.

A guiding lawyer who is administratively penalized for violations in legal practice activities according to the laws on administrative violation handling shall not be eligible to guide probationary lawyers until one year has passed since the completion of the penalty decision. At the same time, a guiding lawyer may not guide more than three probationary lawyers..

2. A lawyer must refuse to guide probationary lawyers when they do not meet the conditions stipulated in Clause 1 of this Article or discover that the probationary lawyer does not meet the conditions stipulated in Clause 1 of Article 3 of this Circular.

During the probationary period, if the guiding lawyer finds that the probationary lawyer no longer meets the conditions stipulated in Clause 1 of Article 3 of this Circular or is subject to disciplinary action through one of the forms prescribed in Point c and Point d of Clause 1 of Article 33 of this Circular, the guiding lawyer must refuse to continue guiding the probationary lawyer.

When refusing to guide a probationary lawyer, the guiding lawyer has the responsibility to notify the legal practice organization accepting the probationary lawyer. The legal practice organization accepting the probationary lawyer will assign another lawyer in the organization to guide the probationary lawyer if the guiding lawyer no longer meets the conditions stipulated in Clause 1 of this Article.

3. The guiding lawyer will be changed in any of the following cases:

a) No longer meeting the conditions for guiding probationary lawyers as stipulated in Clause 1 of this Article;

b) Not fully performing the duties of a guiding lawyer as prescribed in this Circular;

c) Having their Lawyer Practice Certificate revoked;

d) Dying or due to health reasons or other objective reasons, unable to continue guiding probationary lawyers.

When changing the guiding lawyer, the legal practice organization accepting the probationary lawyer will assign another lawyer in the organization to continue guiding the probationary lawyer and send a notification letter to the Bar Association.

4. In case the legal practice organization accepting the probationary lawyer temporarily ceases or terminates operations according to the Lawyers Law or there is no other lawyer meeting the conditions, the probationary lawyer can request the Board of Directors of the Bar Association to introduce another legal practice organization for probation. Within ten days from receiving the request of the probationary lawyer, the Board of Directors of the Bar Association has the responsibility to assign another member lawyer of the Bar Association to head the legal practice organization accepting the probationary lawyer. If the assigned head refuses to accept the probation without justifiable reasons, they will be subject to examination and handling according to Clause 3 of Article 33 of this Circular.

In case the probationary lawyer independently agrees with another legal practice organization to continue probation, the acceptance of probation shall be carried out according to Clause 1 of Article 4 of this Circular.

Article 9. Change of Probationary Practice Location

1. A probationary lawyer changes the probationary practice location when falling under the circumstances prescribed in Clause 4 of Article 8 of this Circular or changes residence or workplace to another province or centrally governed city.

2. A probationary lawyer changing the probationary practice location from one legal practice organization to another within the same province or centrally governed city must report in writing about the change to the Bar Association where they registered for probation. The report must include comments and signature of the guiding lawyer, confirmation from the legal practice organization where the probation was conducted, and the legal practice organization where the transfer is made.

A probationary lawyer changing the probationary practice location to another province or centrally governed city must submit a written request to withdraw from the list of probationary lawyers of the Bar Association where they registered; register for probation at the Bar Association where the headquarters of the new legal practice organization is located, accompanied by a report on the probationary process.

3. Within five working days from receiving the request of the probationary lawyer, the Board of Directors of the Bar Association issues a decision to change the probationary practice location or to withdraw from the list of probationary lawyers. Within three working days from issuing the decision, the Board of Directors of the Bar Association has the responsibility to send a notification letter to the legal practice organization where the probation was conducted, the legal practice organization where the transfer is made, the Vietnam Bar Federation, and the Department of Justice where the Bar Association's headquarters is located.

4. The probationary period for a probationary lawyer changing the probationary practice location shall be calculated as the total probationary period at each legal practice organization if the probationary period at each organization is at least two months and must have a written confirmation from the legal practice organization accepting the probation and a written comment from the guiding lawyer on the probationary process at that organization. If beyond thirty days from the date of the decision to change, the probationary lawyer does not complete the procedures for changing the probationary practice location, they must suspend or terminate the probation according to Article 11 of this Circular.

Article 10. Duration of the probationary period for practicing as a lawyer and extension of the probationary period for practicing as a lawyer

1. The duration of the probationary period for practicing as a lawyer is twelve months, starting from the date the Board of Directors of the Bar Association registers the probationary period; individuals who have their probationary period shortened according to Clause 2, Article 16 of the Lawyers Law shall have a probationary period of four months; individuals who have their probationary period shortened according to Clause 3, Article 16 of the Lawyers Law shall have a probationary period of six months.

2. The probationary individual may have their probationary period extended by the Board of Directors of the Bar Association if they fail to meet the requirements of the probationary period as assessed by the guiding lawyer and the legal practice organization accepting the probationary period.

Within five working days from the date of receiving the request for extension from the probationary individual, the Board of Directors of the Bar Association issues a decision to extend the probationary period for practicing as a lawyer.

Within seven working days from the date of issuing the decision to extend the probationary period for practicing as a lawyer, the Board of Directors of the Bar Association sends a notification letter to the legal practice organization accepting the probationary period, the probationary individual, the Vietnam Bar Federation, and the Department of Justice where the Bar Association has its headquarters.

3. The probationary individual may have their probationary period extended a maximum of two times, each time for six months. In case the probationary individual does not meet the requirements after the second extension, the Board of Directors of the Bar Association where the probationary period was registered will issue a decision to remove that person's name from the list of probationary individuals of the Bar Association. The individual whose name is removed from the list of probationary individuals of the Bar Association has the right to appeal according to the provisions of this Circular.

The individual whose name is removed from the list of probationary individuals of the Bar Association must re-register the probationary period for practicing as a lawyer according to the provisions of Article 5 of this Circular. The probationary period for practicing as a lawyer of the probationary individual shall be carried out according to the provisions of Clause 1 of this Article.

During the extension of the probationary period or re-probationary period, the probationary individual must establish a Probationary Period Diary for Practicing as a Lawyer and report on the progress of the probationary period according to the provisions of this Circular.

Article 11. Suspension and termination of the probationary period for practicing as a lawyer

1. The probationary individual may suspend the probationary period for practicing as a lawyer after reaching an agreement in writing with the legal practice organization accepting the probationary period and must report in writing to the Bar Association where the probationary period was registered.

The probationary individual may suspend the probationary period a maximum of two times, each time not exceeding three months. The time spent in the probationary period before suspension shall be counted towards the total probationary period for practicing as a lawyer.

2. The probationary individual terminates the probationary period for practicing as a lawyer when one of the following situations occurs:

a) Voluntarily terminating the probationary period for practicing as a lawyer;

b) Being recruited as a civil servant, public official, or professional military personnel in an agency or unit under the People's Army; or as an officer, non-commissioned officer, or defense industry worker in an agency or unit under the People's Public Security Force;

c) No longer residing in Vietnam;

d) Losing or being restricted in civil capacity; having difficulties in understanding and controlling behavior according to civil law regulations;

đ) Being pursued for criminal responsibility;

e) Being convicted and the judgment has become legally effective;

g) Being subject to administrative measures requiring compulsory drug rehabilitation or compulsory educational facilities;

h) Being disciplined with a temporary suspension of the probationary period for practicing as a lawyer for three to six months or being removed from the list of probationary individuals of the Bar Association;

i) Suspending the probationary period more than the prescribed number of times or having exceeded the suspension period stipulated in Clause 1 of this Article without continuing the probationary period;

k) A probationary individual practicing as a lawyer who is found not to meet the conditions stipulated in Clause 1, Article 3 of this Circular;

l) An individual whose name has been removed from the list of probationary individuals of the Bar Association according to Clause 3, Article 10 of this Circular.

The time spent in the probationary period before termination as stipulated in Clause 2 of this Article shall not be counted towards the total probationary period.

3. A probationary individual who terminates the probationary period may be considered for re-registration of the probationary period when meeting the conditions for the probationary period for practicing as a lawyer stipulated in Clause 1, Article 3 of this Circular and falls into one of the following cases:

a) The cases stipulated in points a, i, k, and l of Clause 2 of this Article; the cases stipulated in points b, c, d, and đ of Clause 2 of this Article when the reason for terminating the probationary period no longer exists;

b) Having been pardoned, except in cases where the conviction is for a serious crime committed intentionally, a very serious crime committed intentionally, or an especially serious crime committed intentionally;

c) Having completed the administrative measure of compulsory drug rehabilitation or compulsory educational facilities according to the law on handling administrative violations;

d) After one year from the date the decision to discipline by temporarily suspending the probationary period for practicing as a lawyer for three to six months becomes effective, or after three years from the date the decision to discipline by removing the name from the list of probationary individuals of the Bar Association becomes effective.

The procedures for re-registering the probationary period are carried out according to the provisions of Article 5 of this Circular.

Article 12. Rights and Obligations of the Trainee

1. Probationers have the following rights:

a) Agree on the signing of the labor contract with the law practice organization accepting the traineeship;

b) Be guided on the contents of the traineeship and the exercise of rights and obligations of the trainee;

c) Assist the lawyer in guiding the implementation of tasks prescribed in Clause 3, Article 14 of the Lawyer Law;

d) Be provided with favorable conditions during the traineeship period by the law practice organization accepting the traineeship and the guiding lawyer;

đ) Propose to change the guiding lawyer and the place of traineeship in cases stipulated in this Circular;

e) Register to participate in the examination of the results of the law practice traineeship;

g) Other rights agreed upon with the law practice organization accepting the traineeship, as prescribed in this Circular and relevant laws;

2. Probationers have the following obligations:

a) Comply with the provisions of the law on lawyers and legal practice;

b) Adhere to the Statutes of the Vietnam Bar Federation, the Code of Ethics and Professional Conduct for Lawyers in Vietnam, internal regulations of the Bar Association, and internal regulations of the law practice organization accepting the traineeship;

c) Perform tasks assigned by the guiding lawyer;

d) Be responsible before the guiding lawyer and the law practice organization accepting the traineeship for the quality of work undertaken;

đ) Ensure a minimum training time of 20 hours per week;

e) Maintain a Training Diary and report on the progress of the traineeship;

g) Other obligations agreed upon with the law practice organization accepting the traineeship, as prescribed in this Circular and relevant laws;

Article 13. Responsibilities of the Guiding Lawyer

1. Guide the trainee according to the contents of the traineeship and the exercise of rights and obligations of the trainee;

2. Monitor, inspect, and supervise the performance of tasks assigned to the trainee, confirm in the trainee's Training Diary;

3. Provide comments on the progress of the traineeship, specifying strengths and limitations regarding capacity, professional expertise, skills, compliance with the law, organizational discipline, and adherence to the Code of Ethics and Professional Conduct for Lawyers in Vietnam;

4. Be responsible for the progress of the traineeship, create favorable conditions for the trainee to complete the training period, not obstruct or limit the trainee's rights as prescribed by law, be responsible for matters assigned and guided by the trainee;

5. Timely report to the law practice organization accepting the traineeship about the trainee's failure to fulfill obligations, violations of this Circular and relevant laws during the traineeship;

6. Refuse to guide the traineeship in cases stipulated in Clause 2, Article 8 of this Circular;

7. Other responsibilities related to guiding the traineeship as assigned by the law practice organization accepting the traineeship, as prescribed in this Circular and relevant laws;

Article 14. Responsibilities of the Law Practice Organization Accepting the Traineeship

1. Issue a Certificate confirming acceptance of the traineeship for the trainee, assign a lawyer meeting the conditions prescribed in this Circular to guide the trainee and be responsible for such assignment;

2. Agree on the signing of the labor contract with the trainee; ensure the exercise of rights and fulfillment of obligations of the trainee, provide favorable conditions for the trainee and the guiding lawyer at the organization;

3. Establish, manage, and use a Record of Monitoring the Progress of the Traineeship of the trainee at the organization according to the model issued together with this Circular;

4. Monitor and inspect the exercise of rights and fulfillment of obligations of the guiding lawyer and the trainee as prescribed in this Circular;

5. Manage the trainee during the traineeship period at the organization; examine and handle violations by the trainee as prescribed in this Circular;

6. Mediate disputes between the guiding lawyer and the trainee;

7. Refuse to accept the trainee if the trainee does not meet the conditions prescribed in Clause 1, Article 3 of this Circular, or if the law practice organization accepting the traineeship no longer has a lawyer meeting the conditions to guide the traineeship as prescribed in this Circular; terminate the acceptance of the traineeship if the trainee is disciplined by one of the forms prescribed in point c and point d, Clause 1, Article 33 of this Circular;

8. Examine requests to refuse or change the guiding lawyer;

9. Report in writing to the Department of Justice and the Bar Association where the law practice organization accepting the traineeship is located on the organization's activities and operations in accordance with the law, including information on the traineeship of the trainee, as follows:

a) The number of trainees at the law practice organization;

b) Evaluation of the quality of training of the trainees;

c) The exercise of rights and fulfillment of obligations of the law practice organization, guiding lawyer, and trainee as prescribed in this Circular;

d) Difficulties and obstacles encountered during the acceptance of the traineeship and proposals and recommendations;

10. Send the Bar Association a list of those who have terminated or completed the traineeship period within 15 days from the date of termination or completion of the traineeship period;

11. Other responsibilities agreed upon with the trainee and prescribed by law;

Chapter III
EXAMINATION OF THE RESULTS OF THE LAW PRACTICE TRAINEESHIP

Article 15. Persons Participating in the Examination of the Results of the Legal Practice Training Period

1. Persons participating in the examination of the results of the legal practice training period include:

a) Persons who have completed the training period in accordance with the Lawyers Law and this Circular;

b) Persons who did not meet the requirements in previous examinations of the results of the legal practice training period;

c) Persons holding a Certificate of Examination of the Results of the Legal Practice Training Period that has expired.

2. The following persons are not eligible to participate in the examination:

a) Persons who do not meet the conditions stipulated in Clause 1, Article 3 of this Circular but still register for the training period;

b) Persons who provide false information in their examination participation application files;

c) Persons who re-register for the training period before one year has passed since the decision suspending the legal practice training period for three to six months took effect, or before three years have passed since the decision removing their name from the list of trainees by the Bar Association took effect.

3. The Bar Association's Management Board where the training period was registered shall prepare a list and propose participation in the examination of the results of the legal practice training period for cases specified in points a and b of Clause 1 of this Article.

4Those who pass the examination will be issued a Certificate of Examination of the Results of the Legal Practice Training Period. The certificate is valid for five years from the date of issuance. After five years from the date of issuance of the certificate, if the person does not apply for a Lawyer's Practice Certificate, they must participate in the examination of the results of the legal practice training period in accordance with this Circular.

5. Persons who fail to meet the requirements in three consecutive examinations of the results of the legal practice training period shall not be allowed to participate in further examinations and must re-register for the training period in accordance with Article 5 of this Circular.

Article 16. Principles of the Examination of the Results of the Legal Practice Training Period

1. Compliance with laws on lawyers and legal practice, this Circular, and related laws.

2. Strictness, transparency, fairness, objectivity, honesty, and effectiveness.

Article 17. Content and Forms of the Examination of the Results of the Legal Practice Training Period

1. The content of the examination includes:

a) Skills in participating in litigation;

b) Skills in providing legal advice;

c) Skills in representing outside litigation and performing other legal services;

d) Laws on lawyers and legal practice, and the Code of Ethics and Professional Conduct of Vietnamese Lawyers;

đ) Other skills as prescribed in Article 6 of this Circular.

2. Examination forms include written tests and practical examinations.

a) Written tests consist of two parts:

The first written test part covers skills in participating in litigation, providing legal advice, representing outside litigation, and performing other legal services. The time allotted for the first written test is 180 minutes.

The second written test part covers laws on lawyers and legal practice, and the Code of Ethics and Professional Conduct of Vietnamese Lawyers. The time allotted for the second written test is 90 minutes.

b) Practical examinations:

Candidates present and defend their views on a self-selected case or matter they participated in during the training period and answer questions from the members of the Practical Examination Grading Committee related to the case or matter.

Article 18. Organization of the Examination of the Results of the Legal Practice Training Period

1. The examination of the results of the legal practice training period is organized at least once every six months.

2. By the 15th day of the last month of each quarter, the Bar Association's Management Board sends the list of trainees proposed to participate in the examination to the Vietnam Federation of Bar Associations and the Department of Justice where the Bar Association's headquarters is located.

The examination participation file includes:

a) An examination participation request form according to the model issued together with this Circular;

b) A copy of the Certificate of Legal Practice Training Period Trainee;

c) A copy of the Bachelor's Degree in Law or a copy of the Master's Degree in Law;

d) A report on the training period process accompanied by a training diary in accordance with this Circular;

đ) A copy of the document proving eligibility for reduced legal practice training period time as stipulated in Clause 2 and Clause 3, Article 16 of the Lawyers Law.

3. For persons holding an expired Certificate of Examination of the Results of the Legal Practice Training Period, the examination participation file shall be sent to the Vietnam Federation of Bar Associations. The file includes:

a) An examination participation request form according to the model issued together with this Circular;

b) The expired Certificate of Examination of the Results of the Legal Practice Training Period.

Article 19. Establishment of the Examination Results Review Board for Legal Practice Training

1. The Examination Results Review Board for Legal Practice Training (hereinafter referred to as the Review Board) shall consist of from five to seven members appointed by the Chairman of the Vietnam Bar Federation. The Review Board operates on the principle of centralized democracy, collective discussion, and self-dissolution upon completion of its tasks. The Review Board uses the seal of the Vietnam Bar Federation to perform its duties as prescribed in this Circular.

2. The composition of the Review Board includes:

a) The Chairman or a Vice-Chairman of the Vietnam Bar Federation as the Chairman of the Review Board;

b) Representatives of the Management Committees of some Lawyers' Associations and lawyers as members of the Review Board.

3. Supporting the Review Board are the Exam Question Committee, the Secretariat, the Examination Supervision Committee, the Sealing Committee, the Written Exam Marking Committee, the Practical Exam Marking Committee, and the Rechecking Committee (hereinafter collectively referred to as the Supporting Committees), established by the Review Board.

The Chairman or a Vice-Chairman of the Review Board serves as the Head of the Exam Question Committee, the Sealing Committee, and the Rechecking Committee. The Heads of other Supporting Committees and members of the Supporting Committees are decided by the Chairman of the Review Board.

4. Members of the Review Board and the Supporting Committees must meet the following criteria:

a) Possess good moral character, a sense of law observance, and high responsibility;

b) Be proficient in organizational examination procedures;

c) Not be currently under disciplinary action or being considered for such action.

In addition to the criteria and conditions stipulated in this clause, members of the Exam Question Committee, the Written Exam Marking Committee, the Practical Exam Marking Committee, and the Rechecking Committee must also be persons with excellent professional competence.

A person whose spouse, parent, child, full brother, full sister, or half-brother, half-sister, parent, full brother, full sister, or half-brother, half-sister of their spouse participates in the examination shall not participate in the Review Board and the Supporting Committees.

5. The Chairman of the Vietnam Bar Federation issues a decision to establish the Supervisory Board of the Vietnam Bar Federation to oversee the examination of training results for legal practice. The composition of the Supervisory Board consists of three to five lawyers. The specific list, tasks, and powers of the Supervisory Board are determined by the Chairman of the Vietnam Bar Federation. Members of the Supervisory Board must meet the criteria specified in Clause 4 of this Article.

Article 20. Tasks and Powers of the Review Board

1. The Review Board has the following tasks and powers:

a) Issuing the examination plan and examination rules;

b) Establishing the Supporting Committees of the Review Board;

c) Deciding on the list of candidates eligible to participate in the examination, the time and place of the examination, and notifying the Lawyers' Associations with participating candidates at least thirty days before the examination date; if necessary, establishing a verification team for examination participation applications;

d) Organizing the examination, marking the examination papers, rechecking the examination papers, announcing the examination results, and informing the Lawyers' Associations and Departments of Justice where the trainees participated in the examination of the examination scores;

đ) Recognizing the examination results for legal practice training;

e) Revoking the examination results for legal practice training of candidates when there is evidence that they fall into one of the cases specified in Clause 2, Article 15 of this Circular or have engaged in deceitful behavior or other violations that alter the training results or examination results for legal practice training;

g) Sending the Ministry of Justice decisions, examination rules, examination regulations, records made during the examination period, and examination results within seven working days from the date of issuance;

h) Resolving complaints and reports related to the examination period;

i) Promptly and accurately providing relevant information and documents related to the organization of the examination as required by competent authorities or organizations; implementing requests, recommendations, and inspection conclusions;

k) Other tasks and powers as prescribed in this Circular.

2. The Chairman of the Review Board has the following tasks and powers:

a) Being responsible for organizing and implementing the tasks and powers of the Review Board as stipulated in Clause 1 of this Article;

b) Assigning responsibilities to each member of the Inspection Council;

c) Specifying the tasks and powers of the Supporting Committees;

d) Being responsible for managing, ensuring the safety and confidentiality of examination questions, examination papers, seals, examination results, and other related documents;

đ) Handling cases of violation of examination decisions, rules, and regulations;

e) Reporting to the Chairman of the Vietnam Bar Federation on examination results, financial matters, and being accountable to the Chairman of the Vietnam Bar Federation for the organization and results of the examination;

g) Issuing Certificates of Examination Results for Legal Practice Training to candidates who meet the examination requirements; retrieving Certificates of Examination Results for Legal Practice Training in cases where examination results are revoked according to this Circular;

h) Other tasks as prescribed in this Circular.

3. Members of the Review Board carry out their work as assigned by the Chairman of the Review Board and are accountable to the Chairman of the Review Board.

4. The Chairman of the Vietnam Bar Federation decides to revoke the examination results for legal practice training of candidates falling into the case specified in point e, Clause 1 of this Article after the Review Board has been dissolved.

Article 21. Tasks and Authorities of the Committees Supporting the Examination Council

1. The Question Committee has the following tasks and authorities:

a) Organizing the drafting, reviewing, and revising examination questions;

b) Directing the marking, answer keys, and grading scales for the official and reserve questions;

c) Printing and duplicating examination questions according to regulations, with sufficient quantities as required by the Examination Council;

d) Packaging, sealing, preserving, and transferring original examination questions and reserve examination questions to the Examination Council;

đ) Ensuring absolute confidentiality and security for examination questions, marking instructions, answer keys, and grading scales from the start of question drafting until the end of the final subject's examination period during the examination session.

Members of the Question Committee work independently and directly under the Chairperson of the Question Committee; each member of the Question Committee must be personally responsible for the content of the examination questions and ensure confidentiality and security of the examination questions in accordance with their duties and the laws on protecting state secrets.

2. The Sealing Committee has the following tasks and authorities:

a) Receiving examination papers enclosed in sealed envelopes from the Secretariat Committee;

b) Sealing examination papers, securing the sealing numbers of examination papers;

c) Sealing and preserving the sealing heads under strict confidentiality throughout the marking period until the marking is completed;

d) Transferring sealed examination papers enclosed in envelopes from the Sealing Committee to the Secretariat Committee;

đ) Transferring sealed sealing heads enclosed in envelopes from the Sealing Committee to the Examination Council after the marking is completed;

e) Implementing the merging of seals, compiling examination scores.

The Sealing Committee works independently from other supporting committees of the Examination Council under the direct guidance of the Chairman of the Examination Council; it can only perform its tasks when the Inspection Team, the Supervisory Committee, and the Chairperson of the Sealing Committee are present; members of the Sealing Committee cannot be members of the Written Exam Marking Committee or the Review Committee.

3. The Written Exam Marking Committee has the following tasks and authorities:

a) Drafting plans for marking examinations, organizing the receipt and distribution of examination papers, and assigning examiners for written exam marking;

b) Before marking, organizing discussions among written exam markers to understand marking guidelines, answer keys, and grading scales;

c) Proposing to the Chairman of the Examination Council to change or suspend the marking activities of written exam markers who are irresponsible, make many errors, or violate examination regulations;

d) Being responsible for checking and verifying irregularities; handling issues arising during the marking of written exams and promptly reporting to the Chairman of the Examination Council;

đ) Managing written examination papers, score sheets, and records established during the marking process; ensuring the confidentiality of information related to marking results;

e) After completing the marking, organizing meetings of written exam markers to summarize experiences, transfer written examination papers to the Secretariat Committee, and transfer examination results to the Examination Council.

4. The Practical Exam Marking Committee has the tasks specified in points a, c, d, đ, and e of Clause 3 of this Article.

5. The Review Committee has the task of checking errors in scoring and recording examination scores; inspecting and reviewing technical errors; re-marking examination papers at the request of candidates; submitting the examination scores after review to the Chairman of the Examination Council for approval signature.

6. The procedures for preparing and securing written examination questions, printing and duplicating, transporting, transferring written examination questions, using and preserving written examination questions; methods of sealing, transferring sealed examination papers, and other matters related to examinations shall be carried out in accordance with current regulations on the National High School Examination Regulations issued by the Minister of Education and Training.

7. The tasks and authorities of other supporting committees shall be defined by the Chairman of the Examination Council.

Article 22. Examination Rules

The examination rules include the following contents:

1. The time for candidates to be present in the examination room and identification documents proving their identity, as well as the attire of candidates when participating in the examination.

2. The format of presenting examination papers (standardizing font type, ink color for writing examination papers, mandatory sections that must be filled in on examination papers...).

3. Cases where examination papers exhibit signs of marking and must be collectively graded.

4. Items and materials permitted to bring into the examination room.

5. The minimum time candidates are allowed to submit their examination papers.

6. The obligations of candidates during the examination period in the examination room.

7. Handling cases of candidates withdrawing from the examination, postponing the examination, violating examination regulations, and cancelling examination results.

8. Handling violations by invigilators, examiners, and other members of the examination board, and the examination support team.

9. Other contents related to the examination period.

Article 23. Responsibilities of Candidates Participating in Examinations

1. Candidates have the responsibility to:

a) Arrive on time as prescribed and present identification documents proving their identity before entering the examination room;

b) Sit in the correct seat number and maintain order in the examination room;

c) Carefully check the page number and quality of printed pages when receiving the examination paper; if missing pages, torn, damaged, blurred, or faded pages are found, immediately report to the invigilator in the examination room, no later than ten minutes from the time the examination paper is distributed;

d) Only use the examination paper provided, fill in all required items on the examination paper, only use blue or black ink, not using other colored inks, luminous ink, erasable pens, highlighters, and symbols in the examination paper;

đ) Only write in a consistent font style throughout the examination paper;

e) Stop working immediately upon hearing the signal indicating the end of the examination time;

g) Only leave the examination room when necessary with permission from the invigilator and under the supervision of monitoring staff; leaving the examination room and examination area in case of emergency medical assistance must be under police surveillance until the end of the examination session and decided by the Chairman of the Examination Board;

h) Adhere to examination rules and regulations;

2. Candidates may bring writing pens and rulers into the examination room. For skill-based examination papers, candidates may bring legal normative documents into the examination room;

3. Candidates shall not engage in the following actions:

a) Bringing mobile phones, laptop computers, electronic tablets with memory cards capable of word processing or other communication devices, recording, filming equipment, information storage devices that can be used for examinations; weapons, harmful chemicals, flammable and explosive substances, beer, alcohol, and other materials and items not specified in Clause 2 of this Article;

b) Smoking in the examination room;

c) Sitting in the wrong seat number;

d) Communicating in the examination room;

đ) Copying examination papers or exchanging scratch paper, examination papers;

e) Using prohibited materials and items in the examination room;

g) Engaging in intentional acts that disrupt order and endanger safety in the examination room;

h) Engaging in other serious violations of decisions, examination rules, regulations, and relevant provisions of this Circular.

Article 24. Handling violations by candidates participating in examinations

1. Candidates who commit acts violating the provisions of this Circular shall be subject to handling according to one of the following forms depending on the nature and degree of violation:

a) Reprimand;

b) Warning;

c) Suspension of examination.

2. The form of reprimand shall be applied to candidates committing one of the acts of violation prescribed in Points a, b, c, and d Clause 3 Article 23 of this Circular. The reprimand form shall be recorded in a report by a member of the Examination Board and announced immediately in the examination room. Candidates reprimanded in a particular examination will have 25% of their score for that subject deducted.

3. The form of warning shall be applied to candidates committing one of the following acts:

a) Reoffending after having been reprimanded once;

b) Committing one of the acts prescribed in Points đ and e Clause 3 Article 23 of this Circular.

The warning form shall be recorded in a report by a member of the Examination Board and announced immediately in the examination room. Candidates warned in a particular examination will have 50% of their score for that subject deducted.

4. The form of suspension from examination shall be applied to candidates committing one of the following acts:

a) Entering the examination room more than 15 minutes after the announcement of the written examination questions;

b) Repeat offense after having been warned;

c) Committing one of the acts prescribed in Points g and h Clause 3 Article 23 of this Circular;

d) Taking examination questions out of the examination room or receiving answers from outside during the examination period.

The suspension from examination form shall be recorded in a report by a member of the Examination Board, reported to the Chairman of the Examination Council, and announced immediately in the examination room. In cases where candidates are recorded due to using prohibited materials, scratch paper, or equipment in the examination room, members of the Examination Board must confiscate them. Candidates suspended from the examination will not be allowed to continue with subsequent examinations and their results for previously completed examinations will be nullified.

5. The Chairman of the Examination Council has the authority to decide on reprimands, warnings, and suspensions from examination for cases stipulated in Clauses 2, 3, and 4 of this Article.

Article 25. Grading Examinations

1. General Provisions on Grading Examinations:

a) Each examination paper shall be graded independently by two members of the Written Examination Grading Board or Practical Examination Grading Board based on the marking guidelines, answers, and grading scale provided by the Examination Council; each examination paper shall be graded out of 100 points;

b) For written examination grading, the Head of the Written Examination Grading Board shall ensure the marking rules, answers, and grading scales are understood, and grade at least three examination papers per subject to gain experience and unify the application of marking guidelines; rounding up to a maximum of one decimal place is only allowed once for the total score of one examination paper; each examination paper shall be graded independently in two rounds.

2. First Round Marking Process for Written Examinations:

a) The Head of the Written Examination Grading Board shall organize a draw for sealed envelopes and distribute them individually to each examiner; before grading, examiners shall check each paper to ensure it contains the correct number of pages and page numbers, and cross out all unused blank portions of the answer sheet left by the candidate; grading shall not be done on paper different from the examination paper;

b) If an examination paper lacks the required number of pages or page numbers, is done on scratch paper, is done on paper different from the examination paper, has two different handwriting styles, is written in two different ink colors, is crumpled, or suspected of being marked or violates the provisions of Point d Clause 1 Article 23 of this Circular, the examiner shall report and hand over these examination papers to the Head of the Written Examination Grading Board for the Chairman of the Examination Council to review and handle;

c) During the first round of grading, apart from crossing out unused blank portions of the answer sheet, the examiner shall not write anything on the examination paper or envelope; partial scores, total scores, and comments (if any) shall be recorded on the marking sheet; the marking sheet shall clearly state the name, signature, and identification of the examiner; the examiner shall not write any information on the examination paper; after completing the first round of grading, the examiner shall hand over the examination paper to the Head of the Written Examination Grading Board for transfer to the Secretariat.

3. Second Round Marking Process for Written Examinations:

a) After the first round of grading, the Secretariat shall remove the marking sheets and hand over the sealed envelopes to the Head of the Written Examination Grading Board to organize a draw for the second round of graders, ensuring that the sealed envelopes are not returned to the original graders;

b) The second round of grading shall be conducted independently and in accordance with the provisions of Point c Clause 2 of this Article;

c) Upon completion of grading a sealed envelope, the examiner shall hand over the envelope and marking sheet to the Head of the Written Examination Grading Board for transfer to the Secretariat.

4. Handling Examination Grading Results:

a) The score for each examination paper shall be the average of the scores given by the two graders; if the scores differ by 10 points or more, or by 5 points but are at the borderline between passing and failing, the two graders shall discuss and reach an agreement on the final score; if they cannot agree, both scores shall be referred to the Head of the Written Examination Grading Board for resolution; if the Head of the Written Examination Grading Board cannot resolve, it shall be reported to the Chairman of the Examination Council for decision;

b) For optional sections (if any) in the examination, candidates may only complete one of the two optional sections; if both optional sections are completed, it shall be considered a violation and neither section will be scored;

c) Papers demonstrating creative arguments different from the answers may be awarded bonus points; the level of bonus points shall be proposed by the grader and decided by the Head of the Written Examination Grading Board after reporting to the Chairman of the Examination Council and must be documented in a record;

d) In cases where suspiciously marked examination papers are discovered, the grader shall be responsible for handing over these papers to the Head of the Written Examination Grading Board for review and collective marking; collective marking shall involve at least three independent graders, and the score for the examination paper shall be the average of the scores given by the graders; if a violation of examination regulations is concluded, a record shall be made and the examination paper's total score shall be reduced by 50%.

5. In the case of practical examination marking, if two examiners give scores that differ by 10 points or more, or differ by 5 points but are at the borderline between failing and passing, the two examiners must directly discuss to reach an agreement on the score under the supervision of the Head of the Practical Examination Marking Board; if they cannot agree on the score, the Head of the Practical Examination Marking Board shall resolve it; if the Head of the Practical Examination Marking Board cannot make a decision, he/she shall report to the Chairman of the Examination Council for consideration and decision; there shall be no re-marking of the practical examination results.

6. A candidate meets the requirements of the practice result examination when each test achieves a score of 50 points or higher.

Within 15 days from the date of completion of the marking, the Chairman of the Examination Council is responsible for announcing the examination results and notifying the Department of Justice and the Bar Association where the candidates undergoing the examination are located.

Article 26. Management of Examination Papers and Examination Results

1. Written examination papers and practical examination results must be sealed immediately after the examination ends; seals, examination scores, and related documents must be sealed at the end of each working day and immediately after the completion of code sealing, recording, opening, matching, and marking of written examination papers, and scoring of written examination papers.

2. Examination papers, examination results, and records of the examination period are retained in accordance with the provisions of the law on record keeping.

Article 27. Rechecking of Written Examination Papers

1. Within 15 days from the date of receiving the examination results, a candidate who disagrees with his/her written examination results may submit a request for rechecking to the Chairman of the Examination Council.

2. Within 15 days from the deadline for submitting rechecking requests, the Chairman of the Examination Council decides to establish a Rechecking Board. The Rechecking Board consists of at least two members. Individuals who have participated in the Sealing Board and the Written Examination Marking Board shall not participate in the Rechecking Board.

3. The method of conducting rechecking is applied according to the provisions of Article 25 of this Circular. In cases where the rechecked scores differ by 10 points or more, or differ by 5 points but are at the borderline between failing and passing, the Examination Council organizes direct dialogue (with minutes recorded) between the examination markers and the recheckers regarding the examination papers of candidates whose scores have been adjusted. The rechecked score, presented by the Head of the Rechecking Board for approval by the Chairman of the Examination Council, becomes the official score of the examination paper.

4. The Examination Council announces the rechecking results and notifies the person who submitted the rechecking request, the Department of Justice, and the Bar Association where the person who submitted the rechecking request is located.

Chapter IV
RESPONSIBILITIES OF THE LEGAL PROFESSIONAL ORGANIZATION AND THE STATE ADMINISTRATIVE AUTHORITY FOR LEGAL PROFESSIONALS AND

PRACTICE OF THE LEGAL PROFESSION

Article 28. Responsibilities of the Bar Association

1. Accepting and registering trainees, refusing to issue the Certificate of Legal Profession Trainee for those who do not meet the conditions stipulated in Clause 1 of Article 3 of this Circular.

2. Assigning member lawyers of the Bar Association to head legal practice organizations to accept trainees in accordance with the provisions of this Circular.

3. Supervising the exercise of rights and fulfillment of obligations of legal practice organizations accepting trainees in assigning lawyers to guide, accept trainees, supervise the training process of trainees, rights and obligations of guiding lawyers, and rights and obligations of trainees as prescribed by this Circular.

4. Monitoring and evaluating the moral character and awareness of compliance with the law of individuals who have completed the legal profession training period and those who did not meet the requirements in previous examination periods; considering and recommending trainees to participate in the examination of the results of legal profession training as prescribed by this Circular.

5. Every six months, compiling and sending to the Department of Justice and the Vietnam Bar Federation a list of trainees registered with the Bar Association, changes, suspension, extension, and termination of training.

6. Mediating disputes between guiding lawyers and trainees, between legal practice organizations accepting trainees and trainees.

7. Extending training for trainees.

8. Disciplining in accordance with this Circular and the Charter of the Vietnam Bar Federation.

9. Other rights and obligations as prescribed by law.

Article 29. Responsibilities of the Vietnam Bar Federation

1. Guide the Bar Associations to supervise the implementation of rights and obligations of organizations practicing law that accept trainees in assigning lawyers to guide and accept trainees; supervise the training process of trainees, the rights and obligations of guiding lawyers, and the rights and obligations of trainees as prescribed in this Circular.

2. Guide the Bar Associations to assess the ethical character and legal compliance awareness in reports on the training process for practicing law.

3. Guide the procedures for participating in the examination of the results of training to practice law as prescribed in this Circular..

4. Organize the examination of the results of training to practice law..

5. Report to the Ministry of Justice on the organization and results of the examination of training to practice law, along with relevant documents.

6. Monitor and supervise Bar Associations and organizations practicing law in implementing this Circular and the guidance of the Vietnam Bar Federation on training to practice law.

7. Summarize the situation of training to practice law nationwide, evaluate the quality of training to practice law, and periodically report annually or at any time to the Ministry of Justice.

8. Send the Ministry of Justice the plan for organizing the examination of the results of training to practice law within seven working days from the date of issuance.

9. Propose and implement measures to improve the quality of training to practice law; support Bar Associations in provinces with difficult economic and social conditions to increase the number of trainees and improve the quality of training to practice law.

10. Mediate disputes between Bar Associations and trainees; between Bar Associations and organizations practicing law accepting trainees.

11. Resolve complaints and denunciations related to training to practice law, examination of the results of training to practice law as prescribed in this Circular and the Charter of the Vietnam Bar Federation.

12. Other rights and obligations as prescribed by law.

Article 30. Responsibilities of the Department of Justice

1. Monitor the list of trainees training to practice law at the local Bar Association.

2. Inspect, investigate, and handle violations regarding training to practice law according to the laws on lawyers and practicing law, laws on administrative violations, and related laws.

3. Advise the People's Committee of the province or centrally governed city to suspend enforcement, request amendments, and supplements to regulations, decisions, and certificates of trainees training to practice law issued or granted by the Bar Association contrary to this Circular.

Article 31. Responsibilities of the Ministry of Justice

1. Inspect, investigate, and handle violations regarding training to practice law according to the laws on lawyers and practicing law, and related laws.

2. Suspend enforcement and request amendments and supplements to regulations, decisions, and guidelines of the Vietnam Bar Federation on training to practice law contrary to the laws on lawyers and practicing law.

3. Suspend the examination and invalidate the results of the examination of training to practice law when serious violations of the law are discovered according to the laws on lawyers and practicing law., related laws.

Article 32. Supervision of the Examination of Training Results to Practice Law

The Legal Aid Bureau assists the Minister of Justice in performing the function of supervising the organization of the examination of training results to practice law and has the following duties and powers:

1. Establish the Inspection Team for the examination period of training results to practice law.

2. Inspect and supervise the issuance and implementation of regulations, decisions, internal rules, and inspection systems to ensure compliance with the law; the process of organizing inspections, re-inspections, grading, and compiling examination papers.

3. Supervise the examination period of training results to practice law; the performance of tasks and powers of the Inspection Council, assisting committees, and the Supervisory Board of the Vietnam Bar Federation.

4. Request the Inspection Council to provide information, files, and documents related to the examination period and the report on the results of the examination period.

5. Request the establishment of a record or establish a record and recommend the competent authority to handle cases of violation of the examination regulations of training results to practice law.

6. Recommend the Minister of Justice to suspend, request amendments and supplements, or invalidate regulations, decisions, internal rules, inspection systems, or examination results contrary to the law.

7. Recommend the Minister of Justice to establish an Investigation Team to conduct an investigation of the examination period of training results to practice law if there are signs of law violations.

8. Recommend the Minister of Justice to suspend the examination and invalidate the results of the examination of training to practice law when serious violations of the law are discovered according to the laws on lawyers and practicing law and related laws.

Chapter V
VIOLATION HANDLING, COMPLAINT AND DENUNCIATION RESOLUTION

Article 33. Disciplinary Measures for Trainees, Supervising Lawyers, and Heads of Law Practice Organizations Accepting Trainees

1. Trainees who violate the provisions of this Circular shall be subject to one of the following disciplinary measures depending on the nature and severity of the violation:

a) Reprimand;

b) Warning;

c) Suspension from training to practice law for a period of three to six months;

d) Removal from the list of trainees of the Bar Association.

The Board of Directors of the Bar Association where the trainee is registered has the authority to examine and decide on disciplinary measures against trainees violating the provisions of this Circular.

2. Supervising lawyers who violate the provisions of this Circular shall be subject to one of the disciplinary measures provided for in Article 85 of the Lawyer Law and shall not be allowed to supervise trainees until the disciplinary record of the lawyer is removed according to the regulations on handling complaints, denunciations, and disciplinary measures issued by the Vietnam Bar Federation.

3. Heads of law practice organizations accepting trainees who violate the provisions regarding the acceptance, supervision, and monitoring of trainees practicing law as stipulated in this Circular shall be subject to one of the disciplinary measures provided for in Article 85 of the Lawyer Law and shall not be allowed to accept trainees until the disciplinary record of the lawyer is removed according to the regulations on handling complaints, denunciations, and disciplinary measures issued by the Vietnam Bar Federation.

4. The Vietnam Bar Federation shall specify the specific acts of violation, procedures, and formalities for disciplinary measures against trainees, supervising lawyers, and heads of law practice organizations accepting trainees.

Article 34. Handling Violations by Members of the Inspection Council and the Supporting Board

Members of the Inspection Council and the Supporting Board who commit violations of the provisions of this Circular shall be subject to disciplinary measures, administrative penalties, or criminal prosecution according to the provisions of the law depending on the nature and severity of the violation..

Article 35. Appeals Against Decisions and Actions of the Board of Directors of the Bar Association

Trainees, supervising lawyers, and other individuals or organizations have the right to appeal against decisions and actions of the Board of Directors of the Bar Association if they believe that such decisions and actions infringe upon their legitimate rights and interests. The time limit for appeals shall be carried out in accordance with the provisions of the Law on Appeals.

The Standing Committee of the Vietnam Bar Federation has the authority to resolve appeals against decisions and actions of the Board of Directors of the Bar Association. The resolution time limit of the Standing Committee of the Vietnam Bar Federation is thirty days from the date of receipt of the appeal; for complex cases, the resolution time may be extended but not more than forty-five days from the date of receipt of the appeal. The decision of the Standing Committee of the Vietnam Bar Federation on resolving appeals is the final decision.

Article 36. Appeals Regarding the Examination Results of Training to Practice Law

1. Individuals and organizations have the right to appeal against decisions and actions of the Inspection Council, members of the Inspection Council, and the Supporting Board if they believe that such decisions infringe upon their legitimate rights and interests. The time limit for appeals shall be carried out in accordance with the provisions of the Law on Appeals.

The Chairman of the Inspection Council is responsible for resolving appeals within thirty days from the date of receipt of the appeal; for complex cases, the resolution time may be extended but not more than forty-five days from the date of receipt of the appeal.

2. Within fifteen days from the date of receipt of the decision of the Inspection Council, trainees have the right to appeal against decisions and actions of the Practical Exam Grading Board if they believe that such actions affect their practical examination results. The Chairman of the Inspection Council is responsible for resolving appeals within thirty days from the date of receipt of the appeal; for complex cases, the resolution time may be extended but not more than forty-five days from the date of receipt of the appeal.

3. In the case where the Inspection Council has been dissolved after completing its tasks and the appellant disagrees with the decision of the Chairman of the Inspection Council on resolving the appeal, the appellant may appeal to the Chairman of the Vietnam Bar Federation. The resolution time limit of the Chairman of the Vietnam Bar Federation is thirty days from the date of receipt of the appeal; for complex cases, the resolution time may be extended but not more than forty-five days from the date of receipt of the appeal. The decision of the Chairman of the Vietnam Bar Federation on resolving appeals is the final decision.

Article 37. Complaints against decisions and actions of the Chairman of the Vietnam Bar Federation

Trainees, guiding lawyers, and other individuals or organizations have the right to lodge complaints against the decisions and actions of the Chairman of the Vietnam Bar Federation if they believe that such decisions and actions infringe upon their legitimate rights and interests. The time limit for lodging complaints shall be carried out in accordance with the provisions of the Law on Complaints.

The Standing Committee of the Vietnam Bar Federation has the authority to resolve complaints against the decisions and actions of the Chairman of the Vietnam Bar Federation. The deadline for resolving complaints by the Standing Committee of the Vietnam Bar Federation is thirty days from the date of receipt of the complaint; for complex cases, the resolution period may be extended but not exceed forty-five days from the date of receipt of the complaint. The decision of the Standing Committee of the Vietnam Bar Federation to resolve complaints is the final decision.

Article 38. Reporting

Individuals have the right to report to competent state agencies about violations of the provisions of this Circular. The handling of reports shall follow the regulations stipulated by the law on reporting.

Chapter VI
IMPLEMENTING PROVISIONS

Article 39. Transitional Provisions

1. Certificates of examination results for trainee lawyer practice issued before the effective date of this Circular remain valid for a period of five years from the effective date of this Circular.

2. The validity period of the Certificate of examination results for trainee lawyer practice prescribed in Clause 4, Article 15 of this Circular does not apply to cases where a lawyer's practice certificate is reissued.

3. Those who fail to meet the requirements of the examination results for trainee lawyer practice before the effective date of this Circular must retake training if they fail to meet the requirements within three examination periods from the effective date of this Circular.

4. In cases where the Vietnam Bar Federation has announced the examination schedule but has not conducted the examination before the effective date of this Circular, the relevant provisions concerning the establishment of the Examination Board, participants in the examination, and examination participation files shall be implemented according to Circular No. 19/2013/TT-BTP dated November 28, 2013, issued by the Minister of Justice guiding trainee lawyer practice.

Article 40. Effective Date

This Circular takes effect from January 25, 2022, and replaces Circular No. 19/2013/TT-BTP dated November 28, 2013, issued by the Minister of Justice guiding trainee lawyer practice.

Article 41. Responsibility for Implementation

1. The Director of the Office, the Director of the Legal Aid Bureau, the Chairman of the Vietnam Bar Federation, heads of related agencies and organizations are responsible for implementing this Circular.

2. During the implementation process, if there are any difficulties, they should promptly report to the Ministry of Justice for study and resolution./.