Circular No. 16/2024/TT-BTP stipulates the criteria and conditions for promotion examination of legal support and business support occupational titles in the judicial field.

CIRCULAR

Regulations on standards, conditions for promotion examination for the of professional titles providing legal support, business support in the judicial field

Pursuant to the Notarization Law dated June 20, 2014;

WHEREAS pursuant to the Auction Law dated November 17, 2016; the Law Amending and Supplementing Certain Provisions of the Auction Law dated June 27, 2024 November 17, 2016; The Law Amending and Supplementing Certain Articles of the Auction Law dated June 27, 2024;

Pursuant to the Legal Aid Law dated June 20, 2017;

Pursuant to the Civil Servant Law dated November 15, 2010; and the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Civil Servant Law dated November 25, 2019;

Based on the proposal of the Director of the Cadre and Civil Servant Department; Decree No. 85/2023/NĐ-CP dated December 7 the 12 year 2023 of the Government amending and supplementing certain articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, use, and management of civil servants;;

Pursuant to Decree No. 9/2016/NĐ-CP dated July 1, 2016 of the Government detailing and guiding the implementation of certain provisions of the Statistics Law;8/2022/NĐ-CP dated 29 the 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;22 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Legal Aid Bureau and the Director of the Legal Support Bureau; The Minister of Justice issues this Circular stipulating standards and conditions for promotion examination for professional titles providing legal support, business support in the judicial field.

This Circular stipulates standards and conditions for promotion examination to Level II for professional titles providing legal support, business support in the judicial field. Article 1. Civil servants providing legal support working at public service units under the Ministry of Justice and public service units under the Department of Justice register to participate in the promotion examination for professional titles..

PART I

GENERAL PROVISIONS

1. The organization of receiving and processing administrative procedures electronically shall be carried out through the National Public Service Portal via the Linked Public Service Software, ensuring requirements for exploitation and restructuring of business processes towards integration and coordinated resolution, enhancing the quality of administrative services provided by relevant state agencies, facilitating business households, individuals, and related agencies and organizations in receiving and processing administrative procedures.

Article 2. Civil servants providing business support working at public service units under the Department of Justice register to participate in the promotion examination for professional titles.

Article 2. Applicability

Article 3. Relevant agencies, organizations, and individuals involved in the promotion examination.

STANDARDS AND CONDITIONS FOR PARTICIPATION IN PROMOTION EXAMINATION

Article 3. General Standards and Conditions for Participation in Promotion Examination

Chapter II

Clause 1. Being nominated by the competent agency, organization, or unit to participate in the promotion examination for professional titles.

Clause 2. Meeting the standards and conditions for participation in the promotion examination as prescribed in Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, use, and management of civil servants (amended and supplemented in Clause 16, Article 1 of Decree No. 85/2023/NĐ-CP dated December 7, 2023 of the Government amending and supplementing certain articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, use, and management of civil servants).

Article 4. Standards and Conditions for Promotion Examination for Level II Legal Support Professional Titles

Civil servants are eligible to participate in the promotion examination for Level II Legal Support Professional Titles when meeting the standards and conditions stipulated in Article 3 of this Circular and the following standards and conditions:

Clause 1. Currently holding a Level III Legal Support Professional Title.

Clause 2. Meeting the requirements of the position corresponding to the Level II Legal Support Professional Title as prescribed in Circular No. 06/2023/TT-BTP dated September 18, 2023 of the Minister of Justice guiding positions, leadership and management roles, and specialized professional titles, as well as the structure of civil servants according to professional titles in public service units under the judicial sector.

Clause 3. Meeting the requirements of the Level II Legal Support Professional Title standards for each specific title as prescribed in Circular No. 15/2024/TT-BTP dated December 26, 2024 of the Minister of Justice stipulating code numbers, standards, and professional titles for notaries, auctioneers, legal support, and business support in the judicial field.

Clause 4. Having held a Level III Legal Support Professional Title or equivalent for a cumulative period of at least nine years (108 months). In cases where there is time spent in a position equivalent to a Level III Legal Support Professional Title, the minimum time spent in the Level III Legal Support Professional Title must be one year (12 months), calculated up to the deadline for submitting registration forms for the promotion examination.

3. Meet the requirements of the standard for the Legal Assistant Level II position as specified for each specific position in Circular No. 15/2024/TT-BTP dated December 26, 2024, issued by the Minister of Justice, which stipulates the code number and standards for the profession of notary, auctioneer, legal assistant, and related business support in the judicial field.

4. Have at least nine cumulative years (108 months) in holding the Legal Assistant Level III position or an equivalent position. In cases where there is time spent in an equivalent position to the Legal Assistant Level III, the minimum time held in the Legal Assistant Level III position must be one year (12 months), calculated up to the deadline date for submitting registration applications for promotion.

Article 5. Criteria and Conditions for Promotion to the Second-Class Professional Support Rank

A civil servant is eligible for consideration for promotion to the Second-Class Professional Support Rank if they meet the criteria and conditions stipulated in Article 3 of this Circular and the following criteria and conditions:

1. Currently holding the Third-Class Professional Support Rank.

2. Meeting the requirements of the position corresponding to the Second-Class Professional Support Rank as prescribed in Circular No. 06/2023/TT-BTP dated September 18, 2023, issued by the Minister of Justice guiding positions, leadership and management roles, and occupational titles in the judicial sector within public service units.

3. Meeting the specific criteria for the Second-Class Professional Support Rank for each particular title as prescribed in Circular No. 15/2024/TT-BTP dated December 26, 2024, issued by the Minister of Justice regarding code numbers, criteria for occupational titles of notaries, auctioneers, legal support, and professional support in the judicial field.

4. Having held the Third-Class Professional Support Rank or equivalent for at least nine cumulative years (108 months). In cases where the time spent holding an equivalent rank to the Third-Class Legal Support Rank is involved, the minimum period required for holding the Third-Class Professional Support Rank must be at least one year (12 months), calculated up to the deadline for submitting registration documents for promotion.

Chapter III

IMPLEMENTATION

Article 6. Effectiveness

1. This Circular takes effect from February 10, 2025.

2. Should the legal regulatory documents cited in this Circular be amended, supplemented, or replaced, implementation shall follow the amended, supplemented, or replacement legal regulatory documents.

Article 7. Responsibility for Implementation

1. The Director of the Judicial Assistance Bureau, the Director of the Legal Aid Bureau, the Director of the State Compensation Bureau, the Rector of the Judicial Academy, the President of the University of Law, Hanoi, the President of the Northern College of Law, the President of the Central College of Law, the President of the Southern College of Law, the Heads of relevant units under the Ministry, the Directors of Provincial Departments of Justice, the Directors of Provincial Departments of Home Affairs of centrally-administered cities and provinces; the Heads of public service units under the Department of Justice in the fields of asset auctions, notarization, legal aid, and related organizations and individuals are responsible for implementing and organizing the execution of this Circular.

2. Any difficulties encountered during implementation should be reported to the Ministry of Justice for review and resolution./.