Circular No. 21/2010/TT-BTP Issuing the Rules on Lawyer Internship

CIRCULAR

Issuing the Rules on Lawyer Internship

___________________

Pursuant to the Lawyers Law number 65/2006/QH11 dated June 29, 2006;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

After reaching consensus with the Vietnam Bar Federation, the Minister of Justice hereby decides,

Article 1. To issue the Rules on Lawyer Internship along with this Circular.

Article 2. This Circular takes effect from July 1, 2011 and replaces the Rules on Completion of Lawyer Internship issued together with Decision number 667/2004/QĐ-BTP dated December 8, 2004 of the Minister of Justice.

Article 3. The Director of the Office, Heads of Departments under the Department of Judicial Assistance, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

 

REGULATIONS

Lawyer Internship

(Issued together with Circular number 21/2010/TT-BTP dated December 1, 2010) of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These rules stipulate matters concerning lawyer internship, examination of internship results, disciplinary actions, complaints, and accusations related to lawyer internship and examination of internship results.

Article 2. These rules apply to persons undergoing lawyer internship, guiding lawyers, law practice organizations accepting interns, participants in the examination of internship results, bar associations, and state management agencies for lawyers and law practice.

Article 2. Responsibilities for Supervising Lawyer Internship

Clause 1. Bar Associations are responsible for supervising persons undergoing lawyer internship, guiding lawyers, and law practice organizations accepting interns in the implementation of the Rules on Lawyer Internship.

Clause 2. Based on the provisions of the Rules on Lawyer Internship and their own Bylaws, the Vietnam Bar Federation is responsible for guiding Bar Associations in supervising lawyer internships.

Clause 3. State management agencies for lawyers and law practice shall inspect and supervise the implementation of the Rules on Lawyer Internship.

Chapter II

LAWYER INTERNSHIP

Article 3. Persons Undergoing Lawyer Internship

Clause 1. The following persons may register for lawyer internship:

Point a. Persons holding a Certificate of Graduation from Legal Practice Training;

Point b. Persons exempted from legal practice training but required to undergo lawyer internship as provided for in Clause 2, Article 16 of the Lawyers Law.

Clause 2. Persons falling into any of the following categories shall not be allowed to register for lawyer internship:

Point a. Currently serving as civil servants, public officials, or employees; officers, professional soldiers, or defense workers in units under the People's Army; officers, non-commissioned officers in charge of business, or officers, non-commissioned officers in technical positions in units under the People's Public Security Force;

Point b. Not residing permanently in Vietnam;

Point c. Currently being investigated for criminal responsibility; previously convicted but not yet rehabilitated for negligent crimes or minor intentional crimes; previously convicted for serious intentional crimes, very serious intentional crimes, or extremely serious intentional crimes (including cases where rehabilitation has been granted);

Point d. Currently subject to administrative measures involving placement in a medical facility, educational institution, or administrative control;

Point đ. Lacking capacity for civil conduct or having restricted capacity for civil conduct;

Point e. Persons specified in point a of this clause who have been dismissed and whose dismissal decision remains effective for three years from the date it took effect.

Article 4. Acceptance for Legal Practice Training

1. A person wishing to undergo legal practice training shall choose and agree with a legal practice organization to accept such training. The legal practice organization accepting the trainee shall issue a confirmation certificate regarding the acceptance of training to the person wishing to undergo legal practice training and assign a lawyer who meets the conditions stipulated in Article 13 of this Regulation to guide that person.

The confirmation certificate regarding the acceptance of training shall include the following main contents:

a) Name and address of the legal practice organization accepting training;

b) Name, residence address of the person accepted for legal practice training;

c) Name, residence address and lawyer card number of the guiding lawyer;

d) Responsibilities of the legal practice organization, the guiding lawyer, rights and obligations of the trainee during the training period.

The confirmation certificate shall be signed by the head of the legal practice organization, the guiding lawyer, and the trainee.

A person wishing to undergo legal practice training and the legal practice organization accepting training may enter into a contract in accordance with the provisions of the law. Such a contract shall have the equivalent value of the confirmation certificate regarding the acceptance of training.

2. In case a person wishing to undergo legal practice training cannot reach an agreement with a legal practice organization on the acceptance of training, they may request the Board of Directors of a Bar Association to introduce a legal practice organization for training. Within ten working days from the date of receipt of the request, the Board of Directors of the Bar Association shall be responsible for reviewing and assigning a legal practice organization to accept that person for training; in case the legal practice organization refuses, it must notify in writing the Bar Association and specify the reasons.

The assigned legal practice organization shall issue a confirmation certificate regarding the acceptance of training or enter into a contract with the person wishing to undergo legal practice training in accordance with Clause 1 of Article 4 of this Regulation and assign a guiding lawyer who meets the conditions stipulated in Article 13 of this Regulation.

3. Legal practice organizations accepting training include:

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

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

Branches of Vietnamese legal practice organizations, branches of foreign legal companies in Vietnam shall accept trainees when authorized in writing by the head of the legal practice organization or the General Director of the foreign legal company in Vietnam.

Article 5. Registration for Legal Practice Training

1. The registration for training shall be carried out at the Bar Association where the legal practice organization accepting training has its headquarters.

2. The registration dossier includes:

a) Application for registration for legal practice training;

b) Confirmation certificate of the legal practice organization regarding the acceptance of training or contract in accordance with Clause 1 of Article 4 of this Regulation;

c) Copy of the Certificate of Completion of Lawyer Profession Training or proof of exemption from lawyer profession training in cases stipulated in Clause 4 of Article 13 of the Lawyers Law.

In case the trainee's training period is reduced according to Clause 3 of Article 16 of the Lawyers Law, they must submit a copy of the proof of reduction of the legal practice training period.

3. Within five working days from the date of receiving the complete dossier, the Board of Directors of the Bar Association shall issue a Decision on the registration for legal practice training and record the name of the trainee in the list of trainees 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 36 of this Regulation.

Within seven working days from the date of issuing the Decision on the registration for legal practice training, the Board of Directors of the Bar Association shall be responsible for sending the Decision to the legal practice organization accepting training and the Vietnam Federation of Bar Associations.

4. A person recorded in the list of trainees of the Bar Association is called a legal practice trainee (hereinafter referred to as the trainee). The trainee shall have the rights and obligations as prescribed in this Regulation.

Article 6. Duration of Legal Practice Internship

1. The duration of legal practice internship is eighteen months; for those who have their internship period reduced according to Clause 2, Article 16 of the Lawyers Law, the duration of legal practice internship is six months; for those who have their internship period reduced according to Clause 3, Article 16 of the Lawyers Law, the duration of legal practice internship is nine months.

The duration of legal practice internship is calculated from the date of the Decision of the Bar Association regarding registration for legal practice internship.

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

3. The total duration of internship shall be calculated according to the provisions of Clause 2 of this Article when the intern has spent at least six 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 14 of this Regulation.

4. An intern who interns at a legal practice organization for a period of one month up to less than six months may only include this time 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 according to the Lawyers Law;

b) The guiding lawyer dies or due to health reasons or other objective reasons cannot continue to guide the legal practice internship;

c) The guiding lawyer no longer meets one of the conditions for guiding legal practice internship as stipulated in Article 13 of this Regulation;

d) The guiding lawyer does not fulfill the responsibilities prescribed in Article 14 of this Regulation;

e) The intern changes their place of residence;

f) Other cases as prescribed by law.

Article 7. Changing the Place of Legal Practice Internship

1. If 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 this change to the Bar Association where they registered for internship. The report must contain the opinion 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 Board of Directors of the Bar Association issues a Decision on changing the place of internship; in case of refusal, it must notify in writing and specify the reason. The person refused has the right to appeal according to Article 36 of this Regulation.

Within seven working days from the date of issuing the Decision on changing the place of internship, the Board of Directors of the Bar Association 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.

2. If an intern changes their legal practice internship from a legal practice organization in one province or centrally-administered city to a legal practice organization in another province or centrally-administered city, they must withdraw their name from the list of interns of the Bar Association where they registered and follow the procedures to register for internship at the Bar Association where the legal practice organization they wish to transfer to is located according to Article 5 of this Regulation. Along with the internship registration dossier, the intern must submit a report on the results of the internship as stipulated in Article 12 of this Regulation.

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 made.

The duration of suspending the legal practice training period shall not exceed three months, except for cases with valid reasons.

In case the suspension of the legal practice training period exceeds three months or there are no valid reasons, the trainee must re-register the legal practice training period in accordance with the provisions of Article 5 of this Regulation.

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 officer, or employee; military officer, professional soldier, defense worker in agencies or units under the People's Army; military officer, non-commissioned officer in specialized technical positions, military officer, non-commissioned officer in specialized technical positions 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 involving placement in a medical facility, educational institution, or administrative control;

e) Being disciplined with the measure of removing their name from the list of trainees of the Bar Association.

In the case where the trainee terminates the training period according to point e, Clause 2 of this Article, they may re-register the legal practice training period according to the provisions of Article 5 of this Regulation after a three-year period from the date of the disciplinary decision.

3. In cases exceeding the suspension period stipulated in Clause 1 of this Article and the termination of training periods stipulated in Clause 2 of this Article, the legal practice training period will be calculated from the date of re-registering the legal practice training period and must ensure the required duration of the legal practice training period as stipulated in Clause 1 of Article 6 of this Regulation.

Article 9. Extension of Legal Practice Training Period

1. The trainee may have their legal practice training period extended by the Board of Directors of the Bar Association upon request of the legal practice organization in any of the following circumstances:

a) Not meeting the training requirements as assessed by the supervising lawyer and the legal practice organization accepting the training;

b) Not meeting the requirements of the examination on the results of the legal practice training period.

Within five working days from the date of receiving the request from the legal practice organization, the Board of Directors of the Bar Association issues a Decision on extending the legal practice training period.

Within seven working days from the date of issuing the Decision on extending the legal practice training period, the Board of Directors of the Bar Association is responsible for sending the Decision to the legal practice organization accepting the training, the trainee, and the Vietnam Bar Federation.

2. The trainee may have their legal practice training period extended a maximum of two times, each time ranging from six months to twelve months. In the event that the trainee still does not meet the training requirements or the examination requirements on the results of the legal practice training period after the second extension, the Board of Directors of the Bar Association where the training registration is made will issue a Decision to remove their name from the list of trainees of the Bar Association. A person whose name has been removed from the list of trainees of the Bar Association has the right to appeal in accordance with the provisions of Article 36 of this Regulation.

A person whose name has been removed from the list of trainees of the Bar Association may re-register the legal practice training period in accordance with the provisions of Article 5 of this Regulation.

Article 10. Rights of the Trainee

1. The trainee shall be guided by the lawyer on the skills of practicing as a lawyer and the manner of conduct according to the Code of Ethics and Professional Conduct for Lawyers.

2. The trainee assists the guiding lawyer in performing the following tasks as assigned by the guiding lawyer:

a) Studying case files;

b) Collecting materials, objects, and circumstances related to the case;

c) Preparing arguments or advisory documents;

d) Contacting individuals, agencies, or organizations to exercise rights, fulfill obligations, and carry out activities related to defense, representation, protection of clients' legitimate rights and interests, or legal advisory services;

đ) Assisting the guiding lawyer in activities outside litigation proceedings and providing other legal services when agreed upon by the client.

3. The trainee may attend court sessions or legal advisory consultations together with the guiding lawyer; record, and perform other tasks as assigned by the guiding lawyer when agreed upon by the client.

4. The trainee shall be provided with favorable conditions during the training period by the lawyer practice organization and the guiding lawyer.

5. The trainee shall have other rights as agreed upon with the lawyer practice organization accepting the trainee or as prescribed by law.

Article 11. Obligations of the Trainee

1. Comply with the provisions of laws regarding lawyers and the practice of law.

2. Adhere to the Charter of the Bar Association where the trainee registers for training and the Code of Ethics and Professional Conduct for Lawyers.

3. Perform tasks as assigned by the guiding lawyer.

4. Be responsible to the guiding lawyer and the lawyer practice organization accepting the trainee for the quality of work undertaken.

5. Observe the internal regulations of the lawyer practice organization accepting the trainee.

6. Report on the results of the training period in accordance with Article 12 of this Regulation.

7. Shall not sign legal advisory documents and other documents when assisting the guiding lawyer in activities outside litigation proceedings and providing other legal services.

8. Other obligations as agreed upon with the lawyer practice organization accepting the trainee or as prescribed by law.

Article 12. Reporting on the Results of Training in Legal Practice

1. Upon completion of the training period in legal practice as stipulated in Clause 1, Article 6 of this Regulation, the trainee shall submit a written report on the results of the training period in legal practice to the Bar Association where the trainee registered for training.

The report on the results of training in legal practice shall include the following main contents:

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

b) The number, content, time, and location of cases participated in as assigned by the guiding lawyer and experience gained;

c) Difficulties and issues encountered during the training period and recommendations.

2. The report on the results of training in legal practice by the trainee must contain comments and signature of the guiding lawyer in accordance with Clause 3, Article 14 of this Regulation and confirmation from the lawyer practice organization accepting the trainee.

Article 13. Conditions for the Guiding Lawyer

1. The guiding lawyer for training in legal practice must meet the following conditions:

a) Currently practicing in a lawyer practice organization;

b) Having practiced as a lawyer for at least three years;

c) Possessing sufficient professional capacity, expertise, reputation, and responsibility in the field they guide;

d) Not being within the period of application of disciplinary measures as prescribed in the Charter of the Bar Association.

In the event that the guiding lawyer is administratively punished for violations in the practice of law under Decree No. 60/2009/NĐ-CP dated July 23, 2009 of the Government on administrative penalties in the field of justice, then only after one year from the date of completion of the penalty decision can they guide training in legal practice.

2. At any given time, each guiding lawyer may guide no more than three trainees.

Article 14. Responsibilities of guiding lawyers

1. Guide trainees on professional knowledge, vocational skills, practice skills, compliance with the Code of Ethics and Professional Conduct for Lawyers, and the rights and obligations of trainees.

2. Supervise trainees during their training period.

3. Review and comment on trainees' reports, specifying their strengths and limitations regarding professional capacity, expertise, practice skills, discipline awareness, and compliance with the Code of Ethics and Professional Conduct for Lawyers.

4. Bear full responsibility for all cases that trainees handle according to their assignments and guidance.

Article 15. Refusal to guide trainees

1. Guiding lawyers may refuse to guide trainees if the trainees fall under any of the following circumstances:

a) Violating provisions of the Lawyer Law, the Code of Ethics and Professional Conduct for Lawyers, and this Regulation;

b) Not adhering to assignments and guidance from guiding lawyers.

2. When refusing to guide trainees, guiding lawyers must inform the lawyer practice organization thereof.

Article 16. Changing guiding lawyers

Trainees have the right to request a change of guiding lawyers if the guiding lawyers fall under any of the following circumstances:

1. The guiding lawyer no longer meets one of the conditions for guiding trainees as stipulated in Article 13 of this Regulation.

2. The guiding lawyer does not fully fulfill the responsibilities prescribed in Article 14 of this Regulation.

3. The guiding lawyer cannot continue guiding due to health reasons or other objective reasons.

In case a trainee requests a change of guiding lawyer, the lawyer practice organization shall assign another lawyer within the organization who meets the conditions stipulated in Article 13 of this Regulation to continue guiding the trainee and notify the Bar Association in writing.

If the lawyer practice organization does not have another lawyer meeting the conditions stipulated in Article 13 of this Regulation, the organization must inform the Bar Council; the Bar Council shall be responsible for assigning another lawyer practice organization to appoint a guiding lawyer for the trainee.

Article 17. Rights and Obligations of Lawyer Practice Organizations

1. Assign lawyers who meet the conditions stipulated in Article 13 of this Regulation to guide trainees and bear responsibility for such assignments.

2. Assign another lawyer within the organization who meets the conditions stipulated in Article 13 of this Regulation to guide trainees when the current guiding lawyer refuses to guide trainees as prescribed in Article 15 of this Regulation or when trainees request a change of guiding lawyer as prescribed in Article 16 of this Regulation.

3. Create favorable conditions for guiding lawyers and trainees to carry out training at the organization.

4. Maintain a record tracking the training process of trainees at the organization. The record includes the following main contents:

a) Name, date of birth, and place of residence of the trainee;

b) Duration of practicing as a lawyer;

c) Contents of tasks (cases) assigned to be carried out during the training period;

d) Progress and quality of each task (case) performed.

5. Supervise the fulfillment of guiding lawyers' responsibilities and trainees' rights and obligations as prescribed in this Regulation.

6. Refuse to accept trainees in cases where there is no or no longer a lawyer meeting the conditions for guiding trainees as stipulated in Article 13 of this Regulation.

7. Report in writing to the Department of Justice and the Bar Association where the organization's headquarters is located annually on the training of practicing as a lawyer for trainees at the organization. The report includes the following main contents:

a) Number of trainees at the lawyer practice organization;

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

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

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

8. Terminate the guidance of training to practice as a lawyer in cases where trainees violate provisions of the Lawyer Law, the Code of Ethics and Professional Conduct for Lawyers, and this Regulation.

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

Article 18. Responsibilities of Bar Associations for Lawyers

1. The Bar Association shall have the following responsibilities:

a) Accepting and registering trainees according to the provisions of Article 5 of this Regulation;

b) Assigning law practice organizations to accept trainees in cases stipulated in Clause 2, Article 4 and Clause 3, Article 16 of this Regulation;

c) Supervising law practice organizations, guiding lawyers, and trainees during the training period;

d) Extending the training period for trainees according to the provisions of Article 9 of this Regulation;

đ) Proposing trainees to participate in the examination of the results of their training period according to the provisions of Article 22 of this Regulation;

e) Disciplining trainees and guiding lawyers who violate the provisions of this Regulation;

g) Mediating conflicts arising between trainees and law practice organizations and guiding lawyers during the training period;

h) Resolving complaints and reports related to the training period according to this Regulation, the Charter of the Vietnam Bar Federation, and the Charter of the Bar Association;

i) Other responsibilities as prescribed by law.

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

a) Supervising Bar Associations in implementing this Regulation;

b) Compiling the situation of lawyer training nationwide, evaluating the quality of lawyer training;

c) Proposing and organizing the implementation of measures to improve the quality of lawyer training; supporting Bar Associations in difficult economic and social conditions to increase the number of trainees and improve the quality of lawyer training;

d) Advising competent state agencies on measures to support the development of the lawyer profession;

đ) Mediating conflicts arising among Bar Associations during supervision of training;

e) Resolving complaints and reports related to the training period according to this Regulation and the Charter of the Vietnam Bar Federation;

g) Other responsibilities as prescribed by law.

Chapter III

INSPECTION OF THE RESULTS OF LAW PRACTICE TRAINING PERIOD

Article 19. Participants in the Inspection of the Results of Law Practice Training Period

Participants in the inspection of the results of the law practice training period are trainees who have completed the training period as prescribed by the Lawyer Law and have been proposed by the Board of Directors of the Bar Association to participate in the inspection.

Article 20. Principles of Inspection of the Results of Law Practice Training Period

1. Compliance with laws on lawyers and legal practice, and other relevant laws.

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

Article 21. Content and Form of Inspection of the Results of Law Practice Training Period

1. The content of the examination includes:

a) Skills in participating in litigation;

b) Legal advisory skills;

c) Skills in representation outside litigation and other legal services;

d) Laws on lawyers and legal practice, Rules of Professional Ethics and Conduct for Lawyers.

2. Forms of inspection include written tests and practical examinations.

a) Written tests consist of two exams.

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

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

b) Practical examinations consist of two parts:

Part One: Candidates present and defend their viewpoints on a self-selected case matter;

Part Two: Candidates resolve scenarios presented by members of the Practical Examination Board.

Article 22. Organization of the Result Assessment for Legal Practice Training

1. The result assessment for legal practice training shall be organized at least once every six months by region.

2. By the fifteenth day of the last month of each quarter, the President of the Bar Association shall send to the Ministry of Justice a letter requesting the assessment along with a list and dossier of trainees who have completed their training period for the next quarter.

The dossier for the assessment includes:

a) The decision on registration for legal practice training issued by the Bar Association;

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

c) The report on the results of legal practice training of the trainee as prescribed in Article 12 of this Regulation.

In cases where the trainee's legal practice training period is reduced according to Clause 2 and Clause 3 of Article 16 of the Lawyer Law, a copy of the document proving the reduction in the training period must also be submitted.

3. Based on the number of trainees proposed by the Bar Associations, the Minister of Justice shall decide on the establishment of the Assessment Council for Legal Practice Training Results by region.

Article 23. Establishment of the Assessment Council for Legal Practice Training Results

1. The Assessment Council for Legal Practice Training Results (hereinafter referred to as the Assessment Council) shall be established by the Minister of Justice.

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

The Assessment Council operates under the principle of centralized democracy and collective discussion.

3. The Assessment Council may use the seal of the Ministry of Justice to perform its tasks as stipulated in this Regulation.

Article 24. Organizational Structure of the Assessment Council

1. The composition of the Assessment Council includes:

a) A representative from the leadership of the Ministry of Justice as the Chairman of the Assessment Council;

b) Representatives from the leadership of the Vietnam Bar Federation and some experienced and reputable lawyers as members of the Assessment Council.

The composition of the Assessment Council consists of five to seven members decided by the Minister of Justice.

2. Supporting the Assessment Council are the Secretariat, the Examination Committee, the Written Examination Grading Committee, and the Practical Examination Grading Committee.

The Secretariat, the Examination Committee, the Written Examination Grading Committee, and the Practical Examination Grading Committee consist of a Chairperson and other members appointed by the Chairman of the Assessment Council.

The Chairman of the Assessment Council defines the duties and powers of the Secretariat, the Examination Committee, the Written Examination Grading Committee, and the Practical Examination Grading Committee.

Article 25. Duties and Powers of the Assessment Council

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

2. To issue examination room regulations.

3. To organize the implementation of the assessment of legal practice training results as prescribed in this Regulation.

4. To publish the examination results and notify the scores to the Department of Justice and the Bar Association with participating trainees.

5. To organize a recheck of written examination papers.

6. To report to the Minister of Justice on the examination results.

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

Article 26. Duties and powers of members of the Examination Council

1. The Chairman of the Examination Council shall have the following duties and powers:

a) To be responsible for organizing the implementation of the duties and powers of the Examination Council as prescribed in Article 25 of this Regulation;

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

c) To stipulate the duties and powers of the Secretariat Board, the Supervision Board, the Written Examination Marking Board, and the Practical Examination Marking Board;

d) To organize the preparation of examination questions, select written examination questions according to the content prescribed in Clause 1 of Article 21 of this Regulation, and ensure the confidentiality of the examination questions before the examination;

đ) To be responsible for managing examination papers safely, organizing coding, unsealing, recording, matching, marking scores for written examination papers, and compiling examination results;

e) To handle cases of violation of this Regulation;

g) To report to the Minister of Justice on the examination results, financial issues, and be accountable to the Minister of Justice for the organization of the examination and its results;

h) To propose the Minister of Justice to issue a Certificate of Successful Completion of the Probationary Period for Legal Practice to candidates who meet the examination requirements;

2. Members of the Examination Council shall perform tasks assigned by the Chairman of the Examination Council and be accountable to the Chairman of the Examination Council;

Article 27. Procedure for preparing and securing written examination questions

The procedure for preparing and securing written examination questions shall be carried out in accordance with the provisions of the University and College Regular System Admissions Regulations issued together with Circular No. 03/2010/TT-BGDĐT dated February 11, 2010, of the Minister of Education and Training;

Article 28. Grading of Examinations

1. Each examination paper shall be marked and scored independently by two members of the Written Examination Marking Board or the Practical Examination Marking Board. Examination papers shall be graded on a scale of ten points.

The score of each examination paper shall be the average of the scores given by the two examiners. In case the scores given by the two examiners differ by two points or more, the two examiners shall discuss and agree on a final score. If they cannot reach an agreement, the two scores shall be referred to the Head of the Written Examination Marking Board or the Head of the Practical Examination Marking Board for resolution.

The procedure for grading written examination papers shall be carried out in accordance with the provisions of the University and College Regular System Admissions Regulations issued together with Circular No. 03/2010/TT-BGDĐT dated February 11, 2010, of the Minister of Education and Training;

2. Candidates must achieve a score of five points or higher in each examination paper to meet the requirements of the examination period for the probationary period for legal practice;

3. Within fifteen days from the date of completion of the examination scoring, the Chairman of the Examination Council shall be responsible for notifying the examination results to the Departments of Justice and Bar Associations where the probationers participated in the examination;

4. Examination papers and examination scoring results shall be retained at the Ministry of Justice for a period of five years from the date of the examination;

Article 29. Rechecking of Written Examination Papers

1. Within fifteen days from the date of 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 Board. The Rechecking Board shall consist of at least two members. Members of the Written Examination Marking Board shall not be members of the Rechecking Board;

3. The procedures for rechecking shall be applied as prescribed in Article 28 of this Regulation. The rechecking shall be conducted by the Rechecking Board and must be approved by the Chairman of the Examination Council. The Examination Council shall notify the rechecking results to the person who submitted the request for rechecking;

Article 30. Supervisory Board

1. The Minister of Justice shall decide to establish a Supervisory Board to supervise the organization of examinations for the probationary period for legal practice upon the proposal of the Director of the Judicial Assistance Department. The Supervisory Board shall consist of a Chairperson and one to two members;

2. Tasks and Authorities of the Supervisory Board:

a) To supervise the organization of examinations for the probationary period for legal practice;

b) To detect and recommend measures to address violations of regulations concerning examinations for the probationary period for legal practice;

c) To propose that the Examination Council take measures to ensure that the examination period proceeds safely, seriously, and in compliance with the provisions of this Regulation;

3. Content of supervision:

a) To supervise the implementation of examination regulations; the performance of duties and powers of members of the Examination Council, the Secretariat Board, the Supervision Board, the Written Examination Marking Board, the Practical Examination Marking Board, and the Rechecking Board;

b) To supervise the security and confidentiality in the process of preparing, printing, storing, and transporting written examination questions;

c) To supervise the implementation of Examination Council regulations and the handling of complaints and reports regarding examinations;

4. The Supervisory Board shall be accountable to the Minister of Justice for its supervisory activities and shall submit a report on the results of supervision to the Minister of Justice after each examination period for the probationary period for legal practice.

Article 31. Responsibilities of candidates participating in the examination

1. Candidates have the responsibility to:

a) Be present at the designated time and show identification before entering the examination room;

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

c) Only use the examination paper provided, fill in all items specified on the examination paper, only use one type of ink, not allowed to use red ink, pencils, erasers, or any symbols in the examination;

d) Pay the examination fee for the probationary lawyer training results according to the provisions of the law;

đ) Adhere to the examination room rules.

2. Candidates may bring writing pens, rulers, and legal texts into the examination room.

3. Candidates shall not perform the following actions:

a) Bring mobile phones, laptops, electronic devices with memory cards capable of word processing or other communication devices, recording, filming equipment, information storage devices that can be exploited for the examination; toxic chemicals, flammable and explosive substances, beer, alcohol, and other materials and items not listed in Clause 2 of this Article;

b) Smoke in the examination room;

c) Sit in the wrong seat number;

d) Communicate within the examination room;

đ) Copy answers or exchange scratch papers or examination papers.

Article 32. Handling violations by candidates participating in the examination

1. Candidates who violate the regulations of this Regulation will be subject to one of the following forms of handling depending on the nature and severity of the violation:

a) Reprimand;

b) Warning;

c) Suspension of examination.

2. The form of reprimand applies to candidates who commit any of the acts stipulated in points a, b, c, d of Clause 3 of Article 31 of this Regulation.

The reprimand form is recorded by a member of the Examination Board and announced immediately in the examination room. Candidates reprimanded in a subject will have one quarter of the marks for that subject deducted.

3. The form of warning applies to candidates who commit any of the acts stipulated in point đ of Clause 3 of Article 31 of this Regulation and candidates who repeat offenses after being reprimanded.

The warning form is recorded by a member of the Examination Board and announced immediately in the examination room. Candidates warned in a subject will have one half of the marks for that subject deducted.

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

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

b) Repeat offense after having been warned;

c) Detected using prohibited materials in the examination room;

d) Intentionally disrupt order or cause safety issues in the examination room;

đ) Commit other serious violations of this Regulation.

The suspension from the examination form is recorded by a member of the Examination Board, confiscated materials, reported to the Chairman of the Examination Council, and announced immediately in the examination room. Candidates suspended from the examination will not continue to participate in subsequent examinations and their results for completed examinations will be nullified.

5. The Chairman of the Examination Council has the authority to decide warnings or suspensions from the examination for candidates who commit violations as prescribed in Clauses 3 and 4 of this Article.

Article 33. Handling violations by members of the Examination Council, Secretariat, Examination Board, Written Grading Board, Practical Grading Board, Review Board, and Supervision Board

Members of the Examination Council, Secretariat, Examination Board, Written Grading Board, Practical Grading Board, Review Board, and Supervision Board who violate the provisions of this Regulation will be disciplined, administratively sanctioned, or criminally prosecuted according to the law depending on the nature and severity of the violation.

Article 34. Complaints and Reports on the Examination of the Probationary Period for Practicing as a Lawyer

1. Within fifteen days from the date of receiving the decision of the Examination Council, individuals and organizations have the right to file complaints against such decisions if they believe that the decisions infringe upon their legitimate rights and interests.

The Chairman of the Examination Council shall be responsible for resolving complaints within ten working days from the date of receipt of the complaint.

In case of disagreement with the Decision on Resolving Complaints issued by the Chairman of the Examination Council, individuals and organizations have the right to file complaints to the Minister of Justice. The time limit for resolving complaints by the Minister of Justice is thirty days from the date of receipt of the complaint.

2. Individuals and organizations have the right to report to the Examination Council about violations of this Regulation regarding the examination of the probationary period for practicing as a lawyer. The handling of reports shall follow the provisions of the law on reporting.

Chapter IV

DISCIPLINARY ACTION, COMPLAINTS AND REPORTS HANDLING

Article 35. Disciplinary Action Against Probationers and Guiding Lawyers

1. If a probationer violates the provisions of this Regulation, depending on the nature and degree of violation, they must bear one of the following disciplinary measures:

a) Reprimand;

b) Warning;

c) Suspension of the probationary period for practicing as a lawyer for six months to twelve months;

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

The Board of Directors of the Bar Association where the probationer has registered for probation has the authority to examine and decide on disciplinary actions against probationers who violate the provisions of this Regulation.

The Vietnam Bar Federation shall specify the procedures and formalities for disciplinary actions against probationers.

2. If a guiding lawyer violates the provisions of this Regulation, depending on the nature and degree of violation, they must bear one of the disciplinary measures provided for in Article 85 of the Lawyer Law.

Article 36. Complaints Against Decisions and Actions of the Board of Directors of the Bar Association

Probationers, guiding lawyers, and other individuals and organizations have the right to file complaints against the 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 Committee of the Vietnam Bar Federation has the authority to resolve complaints against the decisions and actions of the Board of Directors of the Bar Association. The time limit for resolving complaints by the Executive Committee of the Vietnam Bar Federation is thirty days from the date of receipt of the complaint.

Article 37. Reporting

Individuals and organizations have the right to report to competent state agencies about violations of this Regulation. The handling of reports shall follow the provisions of the law on reporting.