Circular No. 19/2013/TT-BTP guiding the probation period for practicing lawyers

CIRCULAR
Guidelines for the Internship Period of Practicing as a Lawyer
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Cbased on the Lawyers Law number 65/2006/QH11 dated June 29, 2006, amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Lawyers Law number 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;

pursuant to Decree number 110/2013/NĐ-CP dated September 24, 2013 of the Government on administrative penalties in the field of judicial assistance, administrative justice, marriage and family, civil enforcement, bankruptcy of enterprises and cooperatives;

Considering the proposal of the Director of the Judicial Assistance Department, Ministry of Justice

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

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the internship period for practicing as a lawyer, the examination of the results of the internship period for practicing as a lawyer, management, disciplinary measures, complaints and denunciations related to the internship period for practicing as a lawyer and the examination of the results of the internship period for practicing as a lawyer.

2. This Circular applies to persons undergoing the internship period for practicing as a lawyer, lawyers guiding such persons, organizations practicing as lawyers accepting interns, persons participating in the examination of the results of the internship period for practicing as a lawyer, professional associations of lawyers, state management agencies regarding lawyers and practicing as a lawyer.

Article 2. Responsibilities for managing the internship period for practicing as a lawyer

1. Bar Associations shall be responsible for supervising persons undergoing the internship period for practicing as a lawyer, guiding lawyers, and organizations practicing as lawyers accepting interns in implementing this Circular.

2. Based on the provisions of this Circular and the Charter of the Vietnam Bar Federation, the Vietnam Bar Federation shall be responsible for guiding Bar Associations in supervising the internship period for practicing as a lawyer.

3. State management agencies regarding lawyers and practicing as a lawyer shall implement state management over the internship period for practicing as a lawyer in accordance with the Lawyers Law, Decree number 123/2013/NĐ-CP dated October 14, 2013 of the Government detailing certain provisions and measures to implement the Lawyers Law (hereinafter referred to as Decree number 123/2013/NĐ-CP); inspect the implementation of this Circular.

Chapter II

THE INTERNSHIP PERIOD FOR PRACTICING AS A LAWYER

Article 3. Persons registering for the internship period for practicing as a lawyer

1. The following persons may register for the internship period for practicing as a lawyer:

a) Persons holding a Certificate of Completion of Legal Profession Training;

b) Persons exempted from legal profession training but required to undergo the internship period for practicing as a lawyer as provided for in Clause 2, Article 16 of the Lawyers Law.

2. Persons falling under any of the following circumstances shall not be allowed to register for the internship period for practicing as a lawyer:

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

b) Currently being investigated for criminal responsibility; having been convicted but not yet rehabilitated for negligent offenses or minor intentional offenses; having been convicted for serious intentional offenses, very serious intentional offenses, extremely serious intentional offenses, even if rehabilitation has been granted;

c) Currently subject to administrative coercive measures involving compulsory drug rehabilitation centers or compulsory education centers;

d) Lacking capacity for civil conduct or being restricted in capacity for civil conduct;

đ) Persons specified in point a of this clause who have been dismissed and have not yet completed three years since the dismissal decision took effect.

Article 4. Interning to practice as a lawyer

1. A person wishing to intern to practice as a lawyer shall choose and agree with a lawyer practice organization to intern. The lawyer practice organization accepting the internship shall issue a confirmation certificate regarding the acceptance of the internship according to the form attached to this Circular (Form TP-LS-01) and assign a lawyer who meets the conditions stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular to guide the person wishing to intern to practice as a lawyer.

A person wishing to intern to practice as a lawyer and the lawyer practice organization accepting the internship may enter into a labor contract in accordance with the provisions of the Labor Law.

2. In case the person wishing to intern to practice as a lawyer cannot reach an agreement with a lawyer practice organization on accepting the internship, they may request the Bar Association's Executive Board to introduce a lawyer practice organization for the internship. Within ten days from the date of receiving the request, the Bar Association's Executive Board shall be responsible for examining and assigning a lawyer practice organization to accept that person for the internship; in case the lawyer practice organization refuses, it must notify the Bar Association in writing and specify the reasons.

3. Lawyer practice organizations accepting internships include:

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

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

Branches of Vietnamese lawyer practice organizations, branches of foreign legal companies in Vietnam are allowed to accept interns when authorized in writing by the head of the lawyer practice organization or the General Director of the foreign legal company in Vietnam.

Article 5. Registration for Interning to Practice as a Lawyer

1. The registration for internship shall be conducted at the Bar Association where the headquarters of the lawyer practice organization accepting the internship is located.

2. The internship registration dossier includes:

a) Application for registration for internship to practice as a lawyer;

b) Confirmation letter from the lawyer practice organization regarding the acceptance of the internship or a labor contract as stipulated in Clause 1, Article 4 of this Circular;

c) A copy of the Certificate of Graduation from lawyer vocational training or proof of exemption from lawyer vocational training as provided for in Clause 4, Article 13 of the Lawyers Law.

In cases where the time for interning to practice as a lawyer is reduced in accordance with Clause 2 and Clause 3, Article 16 of the Lawyers Law, a copy of the proof of belonging to the category eligible for reduced internship time must be submitted.

3. Within five working days from the date of receipt of all documents, the Bar Association's Executive Board shall issue a decision on the registration for internship to practice as a lawyer and record the name of the person interning to practice as a lawyer in the list of interns of the Bar Association; in case of refusal, it must notify in writing and specify the reasons. The person refused has the right to appeal in accordance with Article 37 of this Circular.

Within seven working days from the date of issuing the decision on the registration for internship to practice as a lawyer, the Bar Association's Executive Board shall be responsible for sending the decision to the lawyer practice organization accepting the internship, the Vietnam Bar Federation, and simultaneously send it to the Department of Justice where the headquarters of the Bar Association is located.

4. A person recorded in the list of interns of the Bar Association is called an intern to practice as a lawyer (hereinafter referred to as an intern). The intern has rights and obligations as prescribed in this Circular.

Article 6. Duration of Legal Practice Internship

1. The duration of legal practice internship is twelve months from the date the Bar Association Management Board issues the decision on registration for legal practice internship; for those who have their internship period reduced according to Clause 2, Article 16 of the Lawyers Law, the legal practice internship period is four months; for those who have their internship period reduced according to Clause 3, Article 16 of the Lawyers Law, the legal practice internship period is six months.

2. In cases where the intern changes the place of legal practice internship according to Article 7 of this Circular, the duration of legal practice internship shall be calculated as the total time spent interning at various legal practice organizations.

3. The total internship period shall be calculated according to the provisions of Clause 2 of this Article when the intern has spent at least four months at each legal practice organization and must have a written confirmation from the legal practice organization accepting the internship, and a written evaluation from the guiding lawyer as stipulated in Clause 3, Article 13 of this Circular.

4. An intern at a legal practice organization with an internship period ranging from one month to less than four months may only include this period in the total internship period if they fall under one of the following circumstances:

a) The legal practice organization accepting the internship temporarily ceases operations or terminates operations as prescribed by the Lawyers Law;

b) The guiding lawyer dies or is unable to continue guiding the legal practice internship due to health reasons or other objective reasons;

c) The guiding lawyer no longer meets one of the conditions for guiding legal practice internship as stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular;

d) The guiding lawyer fails to fulfill the obligations prescribed in Article 13 of this Circular.

đ) The intern changes the internship location from a centrally-run province or city to another centrally-run province or city.

Article 7. Change of Place for Legal Practice Internship

1. When an intern changes their legal practice internship from one legal practice organization to another within the same province or centrally-administered city, they must report in writing about the change to the Bar Association where they registered for internship. The report must include comments and signature of the guiding lawyer, confirmation from the legal practice organization where the intern previously interned, and confirmation from the legal practice organization to which the intern wishes to transfer.

Within five working days from the date of receiving the intern's report, the Bar Association Management Board shall issue a decision on changing the place of internship; in case of refusal, it must notify in writing and specify the reasons. The person refused has the right to appeal according to Article 37 of this Circular.

Within seven working days from the date of issuing the decision on changing the place of internship, the Bar Association Management Board is responsible for sending the decision to the legal practice organization where the intern previously interned, the legal practice organization to which the intern wishes to transfer, and the Vietnam Bar Federation, and also send it to the Department of Justice where the Bar Association has its headquarters.

2. When an intern changes their legal practice internship from a legal practice organization in one province or centrally-administered city to another in a different province or centrally-administered city, they must submit a written request to remove their name from the list of interns of the Bar Association where they registered and follow the procedures for registering for internship at the Bar Association where the legal practice organization to which they wish to transfer is located, as stipulated in Article 5 of this Circular. Along with the internship registration dossier, the intern must submit a report on the internship process as prescribed in Article 11 of this Circular.

Article 8. Suspension and Termination of Legal Practice Training Period

1. The trainee may suspend the legal practice training period after reaching a written agreement with the legal practice organization accepting the training and must report in writing about the suspension of the training period to the Bar Association where the training registration is filed.

The duration of suspending the legal practice training period shall not exceed three months, except for cases with valid reasons. The time spent on training before the suspension will be counted towards the total training period for legal practice.

In case the suspension of the legal practice training period exceeds three months without valid reasons, the trainee must re-register for the legal practice training period according to the provisions of Article 5 of this Circular.

2. The trainee terminates the legal practice training period when falling under any of the following circumstances:

a) Voluntarily terminating the legal practice training period;

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

c) No longer residing in Vietnam;

d) Being convicted and the judgment has taken legal effect;

d) Being subject to administrative measures requiring compulsory rehabilitation at a drug rehabilitation center or compulsory education facility;

e) Being disciplined with a temporary suspension from the legal practice training period for three to six months;

g) Being disciplined with removal from the list of trainees of the Bar Association.

3. A trainee who terminates the legal practice training period may re-register for the training period when meeting the conditions for registering for legal practice training as stipulated in this Circular and satisfying any of the following conditions:

a) A trainee who terminates the legal practice training period as provided for in point a, b, and c of Clause 2 of this Article may re-register for the training period if the reason for termination no longer exists;

b) Having been pardoned, except in cases prescribed in Clause 4 of Article 19 of the Lawyers Law;

c) Having completed the execution of the decision on administrative measures requiring compulsory rehabilitation at a drug rehabilitation center or compulsory education facility;

d) One year has passed since the date of the disciplinary decision as provided for in point e of Clause 2 of this Article;

đ) Three years have passed since the date of the disciplinary decision as provided for in point g of Clause 2 of this Article.

The procedure for re-registering for the legal practice training period shall be carried out according to the provisions of Article 5 of this Circular. The time spent on training before the termination of the legal practice training period as provided for in Clause 2 of this Article shall not be counted towards the total training period for legal practice.

Article 9. Rights of Trainees

1. To be guided by lawyers in updating legal knowledge, skills in participating in litigation, legal counseling skills, representation outside litigation, other legal services, management and leadership skills in legal practice organizations, implementation of the Code of Ethics and Professional Conduct of Vietnamese Lawyers, rights, and obligations of trainees.

2. To assist lawyers in performing tasks prescribed in Clause 3 of Article 14 of the Lawyers Law, while being able to contact individuals, agencies, and organizations to exercise rights, fulfill obligations, and engage in activities related to defending clients' legal rights and interests or providing legal advice.

3. To be provided with favorable conditions during the legal practice training period by the legal practice organization and the guiding lawyer.

4. To request a change of guiding lawyer in accordance with the provisions of Article 15 of this Circular.

5. Other rights agreed upon with the legal practice organization accepting the training or as prescribed by law.

Article 10. Obligations of the Trainee

1. Comply with the provisions of laws on lawyers and practicing as a lawyer.

2. Adhere to the Statutes of the Vietnam Bar Federation and the Code of Ethics and Professional Conduct for Vietnamese Lawyers.

3. Perform tasks assigned by the guiding lawyer.

4. Be responsible before the guiding lawyer and the law firm accepting the traineeship regarding the quality of work they undertake.

5. Observe the internal regulations of the law firm accepting the traineeship.

6. Maintain a training logbook, recording fully the performance of tasks during the traineeship period according to the content of the tracking record of the trainee's training process as stipulated in Clause 3, Article 16 of this Circular.

7. Report on the training process of practicing as a lawyer as prescribed in Article 11 of this Circular.

8. Other obligations agreed upon with the law firm accepting the traineeship or as provided by law.

Article 11. Reporting on the Training Process of Practicing as a Lawyer

1. Upon completion of the training period for practicing as a lawyer as prescribed in Clause 1, Article 6 of this Circular, the trainee shall be responsible for submitting a written report on the training process of practicing as a lawyer during the training period to the Bar Association where the training registration was made.

The report on the training process of practicing as a lawyer shall include the following main contents:

a) The performance of the rights and obligations of the intern;

b) Content, time, and location of implementation for each case or matter participated in according to the assignment of the guiding lawyer, specifying the legal basis, method of handling the case or matter, and the knowledge of law and skills acquired from participating in resolving the case or matter;

c) Difficulties and obstacles encountered during the training process and proposals and recommendations.

2. The report on the training process of practicing as a lawyer by the trainee must have comments and signature of the guiding lawyer as prescribed in Clause 3, Article 13 of this Circular, confirmation by the law firm accepting the traineeship, and evaluation by the Bar Association regarding the ethical character, awareness of compliance with the law of the trainee.

Article 12. Conditions for Guiding Lawyers

Guiding lawyers for training in practicing as a lawyer must meet the following conditions:

1. Currently practicing within a law firm as prescribed in Clause 3, Article 4 of this Circular;

2. Having at least three years of experience in practicing as a lawyer, with reputation and responsibility in guiding training in practicing as a lawyer;

3. Not currently under disciplinary measures as prescribed in the Statutes of the Vietnam Bar Federation.

In cases where the guiding lawyer is administratively punished for violations in the practice of law as prescribed in Decree No. 110/2013/ND-CP dated September 24, 2013 of the Government on administrative penalties for violations in the field of judicial assistance, administrative justice, marriage and family, civil enforcement, bankruptcy of enterprises and cooperatives (hereinafter referred to as Decree No. 110/2013/ND-CP), then they may only guide training in practicing as a lawyer again one year after completing the execution of the penalty decision.

Article 13. Rights and Obligations of Guiding Lawyers

1. Guide the trainee to update their legal knowledge, skills in participating in litigation, legal advisory skills, representation outside litigation, other legal services, management and operation skills of law firms, implementation of the Code of Ethics and Professional Conduct for Vietnamese Lawyers, rights and obligations of the trainee.

2. Monitor and inspect the performance of tasks by the trainee assigned by themselves, sign daily confirmation in the tracking record of the trainee's training process.

3. Provide comments on the reports submitted by the trainee, specifying strengths and limitations in professional capacity, expertise, professional skills, awareness of compliance with the law, discipline, and implementation of the Code of Ethics and Professional Conduct for Vietnamese Lawyers by the trainee.

4. Actively and responsibly in guiding the trainee; bear full responsibility for all cases or matters that the trainee performs according to their assignment and guidance.

Article 14. Refusal to Guide Trainees

1. A lawyer may refuse to guide trainees in the following cases:

a) The trainee does not meet the conditions stipulated in Article 3 of this Circular;

b) The guiding lawyer does not meet the conditions stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular;

c) Other legitimate reasons.

2. During the process of guiding trainees in practicing law, the guiding lawyer may refuse to continue guiding the trainee in the following cases:

a) The trainee is subject to disciplinary action in the form prescribed at point c and d, Clause 1, Article 36 of this Circular.

b) The guiding lawyer no longer meets the conditions stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular;

c) Other legitimate reasons.

3. When refusing to guide a trainee according to points b and c, Clause 1 and points b and c, Clause 2 of this Article, the guiding lawyer has the responsibility to notify the law practice organization. The law practice organization assigns another lawyer within the organization who meets the conditions stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular to guide the trainee; if the law practice organization does not have another lawyer meeting the conditions for guiding trainees, it must notify the Board of Directors of the Bar Association. The Board of Directors of the Bar Association is responsible for assigning another law practice organization to assign a lawyer to guide according to Clause 2, Article 4 of this Circular.

Article 15. Change of Guiding Lawyer

A trainee has the right to request a change of guiding lawyer if the guiding lawyer falls under one of the following circumstances:

1. The guiding lawyer no longer meets one of the conditions for guiding trainees in practicing law stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular.

2. The guiding lawyer does not fully fulfill the obligations stipulated in Article 13 of this Circular.

3. The guiding lawyer dies or due to health reasons or other objective reasons cannot continue to guide trainees in practicing law.

When a trainee requests a change of guiding lawyer, the law practice organization assigns another lawyer within the organization who meets the conditions stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular to continue guiding that trainee and notify the Bar Association in writing.

In case the law practice organization does not have another lawyer meeting the conditions stipulated in Clause 1, Article 14 of the Lawyers Law and Article 12 of this Circular, the law practice organization must notify the Board of Directors of the Bar Association. The Board of Directors of the Bar Association is responsible for assigning another law practice organization to assign a lawyer to guide according to Clause 2, Article 4 of this Circular.

4. In case the law practice organization accepting trainees temporarily ceases operations or terminates operations according to the Lawyers Law, the trainee selects and agrees with another law practice organization to train in practicing law. If the trainee cannot agree with another law practice organization, they may request the Board of Directors of the Bar Association to introduce a law practice organization for training. The Board of Directors of the Bar Association is responsible for assigning another law practice organization to assign a lawyer to guide according to Clause 2, Article 4 of this Circular.

Article 16. Rights and Obligations of Legal Practice Organizations Accepting Trainees

1. Assign lawyers who meet the conditions stipulated in Clause 1, Article 14 of the Lawyer Law and Article 12 of this Circular to guide trainees and be responsible for such assignments.

2. Create favorable conditions for lawyers to guide and for trainees to carry out their training at the organization.

3. Establish, manage, and use a record book tracking the training process of trainees at the organization according to the model issued together with this Circular (Model TP-LS-02).

4. Monitor and inspect the implementation of rights and obligations of guiding lawyers towards trainees and the rights and obligations of trainees as prescribed in this Circular.

5. Mediate disputes between guiding lawyers and trainees.

6. Refuse to accept trainees if the legal practice organization no longer has lawyers meeting the conditions to guide trainees as stipulated in Clause 1, Article 14 of the Lawyer Law and Article 12 of this Circular; terminate the acceptance of guidance for legal practice training in cases where trainees are disciplined according to the forms prescribed in Point c and d, Clause 1, Article 36 of this Circular.

7. Consider requests to refuse or change guiding lawyers for trainees.

8. Report in writing to the Department of Justice and Bar Association where the organization's headquarters is located on the legal practice training of trainees at the organization annually. The report shall include the following main contents:

a) Number of trainees at the legal practice organization;

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

c) Implementation of rights and obligations of the legal practice organization, guiding lawyers, and trainees as prescribed in this Circular;

d) Difficulties and obstacles encountered during the acceptance of trainees and proposals, recommendations.

9. Other rights and obligations agreed upon with trainees or as prescribed by law.

Article 17. Rights and Obligations of Professional Organizations of Lawyers

1. The Bar Association has the following rights and obligations:

a) Receive and register training for trainees as prescribed in Article 5 of this Circular;

b) Assign legal practice organizations to accept trainees in cases stipulated in Clause 2, Article 4, Clause 3, Article 14, and Clauses 3 and 4, Article 15 of this Circular;

c) Inspect the implementation of rights and obligations of legal practice organizations in assigning lawyers to guide, accepting trainees, supervising the training process of trainees, rights and obligations of guiding lawyers, and rights and obligations of trainees as prescribed in this Circular;

d) Consider requests from legal practice organizations to refuse to accept trainees;

đ) Evaluate moral character and legal compliance awareness; consider and propose trainees to participate in the examination of the results of legal practice training as prescribed in Article 23 of this Circular;

e) Disciplinary actions against trainees and guiding lawyers who violate the provisions of this Circular;

g) Mediate conflicts arising between trainees and legal practice organizations;

h) Resolve complaints and denunciations regarding legal practice training as prescribed in this Circular and the Charter of the Vietnam Bar Federation;

i) Other rights and obligations as prescribed by law.

2. The Vietnam Bar Federation has the following rights and obligations:

a) Guide Bar Associations to inspect the implementation of rights and obligations of legal practice organizations in assigning lawyers to guide, accepting trainees, supervising the training process of trainees, rights and obligations of guiding lawyers, and rights and obligations of trainees as prescribed in this Circular;

b) Guide Bar Associations to evaluate moral character and legal compliance awareness in reports on legal practice training;

c) Guide procedures for participating in examinations of the results of legal practice training as prescribed in Clause 2, Article 23 of this Circular;

d) Organize examinations of the results of legal practice training;

đ) Report to the Ministry of Justice on organizing examinations of the results of legal practice training and the results of legal practice training inspections;

e) Monitor and inspect Bar Associations and legal practice organizations in implementing this Circular and the Vietnam Bar Federation's guidelines on legal practice training;

g) Summarize the situation of legal practice training nationwide, assess the quality of legal practice training, and report annually to the Ministry of Justice;

h) Send the Ministry of Justice plans to organize examinations of the results of legal practice training within seven working days from the date of issuance;

i) Propose and implement measures to improve the quality of legal practice training; support Bar Associations in provinces with difficult socio-economic conditions to increase the number of trainees and improve the quality of legal practice training;

k) Mediate disputes between Bar Associations and trainees; between Bar Associations and legal practice organizations accepting trainees;

l) Resolve complaints and denunciations related to legal practice training as prescribed in this Circular and the Charter of the Vietnam Bar Federation;

m) Other rights and obligations as prescribed by the Lawyer Law, Decree No. 123/2013/NĐ-CP, and this Circular.

Article 18. Responsibilities of the Department of Justice

1. Establish and monitor the list of trainees registered with the Bar Association in their locality.

2. Inspect, audit, and handle violations related to lawyer training in accordance with the Lawyers Law, Decree No. 123/2013/NĐ-CP, Decree No. 110/2013/NĐ-CP, and this Circular.

Article 19. Responsibilities of the Ministry of Justice

1. Inspect, audit, handle violations, and resolve complaints and denunciations related to lawyer training in accordance with the Lawyers Law, Decree No. 123/2013/NĐ-CP, Decree No. 110/2013/NĐ-CP, and this Circular.

2. Suspend implementation and request amendments and supplements to the guidelines of the Vietnam Bar Federation on lawyer training that contravene the provisions of the Lawyers Law, Decree No. 123/2013/NĐ-CP, and this Circular.

Chapter III

INSPECTION OF THE RESULTS OF LAWYER TRAINING

Article 20. Participants in the Inspection of Lawyer Training Results

1. The participants in the inspection of lawyer training results include:

a) Trainees who have completed the required training period under the Lawyers Law.

b) Individuals who did not meet the requirements in previous inspections of lawyer training results.

2. The Bar Association Management Board shall establish a list and propose participation in the inspection of lawyer training results for individuals specified in Clause 1 of this Article.

Article 21. Principles of Inspection of Lawyer Training Results

1. Compliance with laws and regulations concerning lawyers and legal practice, this Circular, and other relevant legal provisions.

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

Article 22. Content and Form of Inspection of Lawyer Training Results

1. The content of the examination includes:

a) Litigation skills;

b) Legal advisory skills;

c) Representation skills outside litigation and performance of other legal services;

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

2. The form of inspection includes written tests and practical examinations.

a) Written test includes two exams:

The first written exam covers litigation skills, legal advisory skills, representation skills outside litigation, and performance of other legal services. The duration of the first written exam is 180 minutes.

The second written exam covers laws on lawyers and legal practice, and the Code of Ethics and Professional Conduct of Vietnamese Lawyers. The duration of the second written exam is 90 minutes.

b) Practical examination includes two parts:

Part one: candidates present and defend their views on a self-selected case or matter.

Part two: candidates solve scenarios presented by members of the Practical Examination Grading Committee.

Article 23. Organization of Inspection of Lawyer Training Results

1. The inspection of lawyer training results shall be organized regionally at least once every six months.

2. By the 15th day of the last month of each quarter, the Bar Association Management Board shall send a letter to the Vietnam Bar Federation requesting the inclusion of the list and application materials for the inspection of trainees who have completed their training period in the next quarter and those who did not meet the requirements in previous inspections of lawyer training results; simultaneously sending a letter to the Department of Justice with the list of participants in the inspection.

The application materials for the inspection include:

a) Decision on registration for lawyer training issued by the Bar Association;

b) Copy of the Bachelor's Degree in Law;

c) Report on the process of lawyer training in accordance with Article 11, accompanied by the training logbook of the trainee in accordance with Clause 6 of Article 10 of this Circular.

In cases where the trainee has had their lawyer training period reduced according to Clause 2 and Clause 3 of Article 16 of the Lawyers Law, they must also submit a copy of the documentation proving eligibility for the reduction in the training period.

Article 24. Establishment of the Examination Council for the Legal Practice Training Period Results

1. The Examination Council for the Legal Practice Training Period Results (hereinafter referred to as the Examination Council) shall be established by the Chairman of the Vietnam Bar Federation.

2. The Examination Council shall be established by region, responsible for organizing the examination of the results of the legal practice training period in that region, and shall dissolve itself upon completion of its tasks.

The Examination Council operates on the principle of centralization, democracy, and collective discussion.

3. The Examination Council may use the seal of the Vietnam Bar Federation to perform its tasks as prescribed in this Circular.

Article 25. Organizational Structure of the Examination Council

1. The members of the Examination Council include:

a) The Chairman or a Vice-Chairman of the Vietnam Bar Federation as the Chairman of the Examination Council;

b) Representatives from the leadership boards of some Lawyer Associations and experienced, reputable lawyers as members of the Examination Council.

The Examination Council consists of five to seven members, decided by the Chairman of the Vietnam Bar Federation.

2. Supporting the Examination Council is the Secretariat Board, the Supervision Board, the Written Exam Marking Board, the Practical Exam Marking Board, the Sealing Board, the Rechecking Board, and the Question Setting Board (hereinafter referred to as the Supporting Boards for the Examination Council).

The Supporting Boards for the Examination Council consist of the Head and other members appointed by the Chairman of the Examination Council.

The Chairman of the Examination Council shall define the duties and powers of the Supporting Boards for the Examination Council.

3. In cases deemed necessary, the Chairman of the Vietnam Bar Federation may decide to establish a Supervisory Board of the Vietnam Bar Federation to oversee the examination of the results of the legal practice training period. The Supervisory Board consists of three to five lawyers. The specific list, duties, and powers of the Supervisory Board shall be defined by the Chairman of the Vietnam Bar Federation.

Article 26. Duties and Powers of the Examination Council

1. To decide and announce the list of candidates, examination time, and location to the Lawyer Associations with candidates participating in the examination at least fifteen days before the examination date.

2. To issue examination regulations.

3. To organize the implementation of the examination of the results of the legal practice training period as stipulated in this Circular.

4. To organize the marking of examination scores, publish the examination results, and notify the examination scores to the Lawyer Association and the Department of Justice where the trainees participated in the examination.

5. To organize the rechecking of written examination papers.

6. To submit to the Ministry of Justice all decisions, examination regulations, and examination rules within seven working days from the date of issuance.

7. To resolve complaints and reports related to the examination.

Article 27. Duties and Powers of Members of the Examination Council

1. The Chairman of the Examination Council shall have the following tasks and authorities:

a) To be responsible for organizing the implementation of the duties and powers of the Examination Council as prescribed in Article 26 of this Circular;

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

c) To define the duties and powers of the Supporting Boards for the Examination Council;

d) To select written examination questions according to the content prescribed in Article 22 of this Circular, and to keep the examination questions confidential before the examination;

đ) To guide and define the method and grading scale for marking examination scores;

e) To be responsible for managing examination papers safely; to organize coding, recording, opening, matching, and marking written examination papers, compiling examination scores, rechecking, publishing examination results; to manage codes, examination results, and other related documents;

g) To handle violations of examination decisions, regulations, and rules;

h) To report to the Chairman of the Vietnam Bar Federation on examination results, financial issues, and to be accountable to the Chairman of the Vietnam Bar Federation for the organization of examinations and examination results;

i) To issue Certificates of Examination Results for Legal Practice Training Period to candidates who meet the examination requirements.

2. Members of the Examination Council shall carry out their tasks as assigned by the Chairman of the Examination Council and shall be accountable to the Chairman of the Examination Council.

Article 28. Procedure for preparing written examination questions and securing written examination questions

The Examination Question Board is responsible for preparing written examination questions for the examination to assess the results of the probationary period for practicing lawyers. The procedure for preparing and securing written examination questions shall be carried out in accordance with the current regulations on the University Admissions Regulations issued by the Minister of Education and Training.

Article 29. Responsibilities of candidates participating in the examination

1. Candidates have the responsibility to:

a) Be present at the time specified and present their identity card before entering the examination room;

b) Sit in the seat corresponding to their registration number when permitted to enter the examination room and maintain order in the examination room;

c) Only use the examination paper provided, fill in all items prescribed in the examination paper, only use one type of ink, and not use red ink, pencils, erasers, or other symbols in the examination;

d) Comply with examination rules.

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

3. Candidates shall not engage in the following actions:

a) Bringing mobile phones, laptops, electronic devices with memory cards capable of word processing or other communication devices, recording devices, video recording devices, information storage devices that can be used to complete the examination, weapons, harmful chemicals, flammable and explosive substances, beer, alcohol, and other materials and items other than those specified in Clause 2 of this Article into the examination room;

b) Smoking in the examination room;

c) Sitting in the wrong seat number;

d) Exchanging information in the examination room;

đ) Copying another candidate's examination paper or exchanging scratch paper or examination paper;

e) Using prohibited materials 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, examination regulations, and related provisions of this Circular.

Article 30. Handling of violations by candidates participating in the examination

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

a) Reprimand;

b) Warning;

c) Suspension from the examination.

2. The form of reprimand shall be applied to candidates who commit any of the acts stipulated in point a, b, c of Clause 3 of Article 29 of this Circular.

The reprimand form shall be recorded by a member of the Examination Supervision Board, reported to the Head of the Examination Supervision Board, and announced immediately in the examination room. Candidates reprimanded in a particular examination subject will lose one quarter of the points for that subject.

3. The form of warning shall be applied to candidates who commit any of the acts stipulated in point d, đ of Clause 3 of Article 29 of this Circular and candidates who repeat offenses after being reprimanded.

The warning form shall be recorded by a member of the Examination Supervision Board, reported to the Chairman of the Examination Board, and announced immediately in the examination room. Candidates warned in a particular examination subject will lose one half of the points for that subject.

4. The form of suspension from the examination shall be applied to candidates who commit any of the following violations:

a) Arriving late more than fifteen minutes after the examination questions are announced;

b) Repeating offenses after being warned;

c) Committing any of the acts stipulated in point e, g, h of Clause 3 of Article 29 of this Circular.

The suspension from the examination form shall be recorded by a member of the Examination Supervision Board, confiscate materials, report to the Chairman of the Examination Board, and announce immediately in the examination room. Candidates suspended from the examination shall not continue to participate in subsequent examinations and their examination results will be nullified.

5. The Head of the Examination Supervision Board has the authority to decide on reprimands as stipulated in Clause 2 of this Article. The Chairman of the Examination Board has the authority to decide on warnings and suspensions from the examination as stipulated in Clauses 3 and 4 of this Article.

Article 31. Handling Violations Against Members of the Examination Council, the Secretariat for the Examination Council, and the Supervisory Board

Members of the Examination Council, the Secretariat for the Examination Council, and the Supervisory Board who commit violations as stipulated in this Circular shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the nature and severity of the violation as prescribed by law.

Article 32. Grading Examinations

1. Each examination paper shall be graded independently by two members of the Written Exam Grading Committee or Practical Exam Grading Committee, using a scale of ten points.

The score for each examination paper is the average of the scores given by the two graders. In cases where the scores given by the two graders differ by two points or more, the two graders must discuss and reach an agreement on the final score. If they cannot agree, the two scores will be referred to the Chairperson of the Written Exam Grading Committee or the Chairperson of the Practical Exam Grading Committee for resolution.

The process of grading written examination papers shall be carried out in accordance with current regulations on university and college admission rules issued by the Minister of Education and Training.

2. Candidates must achieve a score of five points or higher on each examination paper to meet the requirements of the probationary period examination for practicing lawyers.

3. Within fifteen days from the end of the grading period, the Chairman of the Examination Council shall notify the results of the examination to the Department of Justice and the Bar Association where the candidates participated in the examination.

4. Examination papers and examination scores shall be retained by the Vietnam Bar Federation for a period of five years from the date of the examination.

Article 33. Management of Examination Papers and Examination Results

Written examination papers and practical examination results must be sealed immediately upon completion of the examination; seals, examination scores, and related documents must be sealed at the end of each working day and immediately after the completion of coding, recording, opening, matching, and grading of written examination papers.

Article 34. Rechecking Written Examination Papers

1. Within fifteen days from receiving the examination results, candidates who disagree with their written examination results may submit a request for rechecking to the Chairman of the Examination Council.

2. Within fifteen days from the deadline for submitting requests for rechecking, the Chairman of the Examination Council shall decide to establish a Rechecking Committee. The Rechecking Committee shall consist of at least two members, none of whom can be a member of the Written Exam Grading Committee.

3. The method of conducting the recheck shall be carried out in accordance with the provisions of Article 32 of this Circular. The recheck shall be conducted by the Rechecking Committee and must be approved by the Chairman of the Examination Council. The Examination Council shall notify the candidate of the recheck results.

Article 35. Inspection of Probationary Period Examination Results for Practicing Lawyers

The Legal Aid Bureau assists the Minister of Justice in performing the function of inspecting the organization of the examination of probationary period results for practicing lawyers and has the following duties and powers:

1. Inspecting the issuance and implementation of decisions, internal regulations, and examination rules to ensure compliance with legal provisions.

2. Inspecting the conduct of the examination of probationary period results for practicing lawyers; the performance of tasks and powers of members of the Examination Council and the Secretariats for the Examination Council.

3. Proposing the Minister of Justice to suspend, request modifications, or additions to decisions, internal regulations, and examination rules that contravene legal provisions.

4. Proposing the Minister of Justice to establish an inspection team to inspect the examination of probationary period results for practicing lawyers if there are signs of legal violations.

5. Proposing the Minister of Justice to suspend the examination, invalidate the probationary period examination results when serious legal violations are discovered according to the Lawyers Law and other relevant legal provisions.

Chapter IV

DISCIPLINARY ACTION, COMPLAINT RESOLUTION, AND PROSECUTION

Article 36. Disciplinary Measures for Trainees and Guiding Lawyers

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 as a lawyer for 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 has registered for training has the authority to examine and decide on disciplinary measures against trainees violating the provisions of this Circular.

The Vietnam Bar Federation shall specify in detail the acts of violation, procedures, and formalities for disciplinary actions against trainees.

2. Guiding lawyers who violate the provisions of Articles 13 and 14 of this Circular shall be subject to one of the disciplinary measures provided for in Article 85 of the Lawyer Law depending on the nature and severity of the violation.

Article 37. Appeals Against Decisions and Actions of the Board of Directors of the Bar Association

Trainees, guiding lawyers, and other individuals and 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 Executive Board 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 time limit for resolving appeals by the Executive Board of the Vietnam Bar Federation is thirty days, counted from the date of receipt of the appeal. The decision of the Executive Board of the Vietnam Bar Federation to resolve appeals is the final decision.

Article 38. Appeals Regarding the Examination Results of Training to Practice as a Lawyer

1. Individuals and organizations have the right to appeal against decisions and actions of the Examination Council, members of the Examination Council, and the Secretariat assisting the Examination Council if they believe that such decisions infringe upon their legitimate rights and interests.

The Chairman of the Examination Council is responsible for resolving appeals within thirty days from the date of receipt of the appeal.

In case of disagreement with the decision of the Chairman of the Examination Council, individuals and organizations have the right to appeal to the Minister of Justice. The time limit for resolving appeals by the Minister of Justice is thirty days, counted from the date of receipt of the appeal. The decision of the Minister of Justice to resolve appeals is the final decision.

2. Within fifteen days from the date of receipt of the decision of the Examination Council, trainees have the right to appeal against the actions of the Practical Exam Grading Committee members if they believe that such actions affect their practical exam results.

The Chairman of the Examination Council is responsible for resolving appeals within thirty days from the date of receipt of the appeal. The decision of the Chairman of the Examination Council to resolve appeals is the final decision.

Article 39. Appeals Against Decisions and Actions of the Chairman of the Vietnam Bar Federation

Trainees, guiding lawyers, and other individuals and organizations have the right to appeal against 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 Executive Board of the Vietnam Bar Federation has the authority to resolve appeals against decisions and actions of the Chairman of the Vietnam Bar Federation. The time limit for resolving appeals by the Executive Board of the Vietnam Bar Federation is thirty days, counted from the date of receipt of the appeal.

In case of disagreement with the decision of the Executive Board of the Vietnam Bar Federation to resolve appeals, within fifteen days from the date of receipt of the decision to resolve appeals, trainees, guiding lawyers, and other individuals and organizations have the right to appeal to the Minister of Justice. The time limit for resolving appeals by the Minister of Justice is thirty days, counted from the date of receipt of the appeal. The decision of the Minister of Justice to resolve appeals is the final decision.

Article 40. 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 V

IMPLEMENTING PROVISIONS

Article 41. Effective Date

This Circular shall take effect from January 15, 2014, and replace Circular No. 21/2010/TT-BTP dated December 1, 2010, issued by the Minister of Justice on the Rules for Legal Practice Internship.

Responsibility for Implementation

The Director of the Office, the Director of the Department of Legal Aid, the Chairman of the Vietnam Bar Federation, and the Heads of relevant agencies and organizations shall be responsible for implementing this Circular.