Decision No. 544/QD-TTg Approving the Project "Training Legal Experts and Lawyers to Serve Economic Integration Requirements at the International Level for the Period 2008-2010"

Pursuant to …;

Regarding the approval of the Project "Training Legal Experts and Lawyers to Serve the Requirements of International Economic Integration for the Period 2008-2010"

requirement for international economic integration during the period from 2008 to 2010

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 16/2007/NQ-CP dated February 27, 2007 of the Government promulgating the Program of Action of the Government to implement the Resolution of the Fourth Plenary Session of the Central Committee of the Communist Party of Vietnam's Tenth Tenure on major policies for rapid and sustainable economic development when Vietnam is a member of the World Trade Organization;

Considering the proposal of the Minister of Justice,

DECISION:

Article 1. Approves the Project "Training Legal Experts and Lawyers to Serve the Requirements of International Economic Integration for the Period 2008-2010" (annexed hereto).

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairman of the National Committee for International Economic Cooperation, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.

PROJECT

Training Legal Experts and Lawyers to Serve the Requirements of International Economic Integration for the Period 2008-2010

(Annexed to Decision No. 544/QĐ-TTg dated May 14, 2008 of the Prime Minister)

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1. Objectives of the Project:

From 2008 to 2010, training legal experts and lawyers at foreign institutions to obtain some legal experts and lawyers who understand international trade laws and customs, excel in international legal practice skills, and have the ability to be granted a lawyer's license by the country or state where they are trained.

After training, these legal experts and lawyers will be utilized to advise on international economic integration, participate in resolving international commercial disputes, draft regulatory legal documents, teach at law training institutions, and serve as the core for gradually forming and developing a team of internationally standardized legal experts and lawyers in Vietnam.

2. Scale of Training

a) For legal experts: from 30 to 50 quotas;

b) For lawyers: no limit on quantity.

3. Training Requirements:

a) Short training period but must ensure quality, consistent with Vietnam’s strategy for human resource training for international economic integration;

b) Training content and program must align with the development goals of the legal profession, focusing on practical experience at foreign law firms with extensive international legal practice;

c) Training must be linked to the intended use of those being trained.

4. Training Recipients:

a) Civil servants working in Ministries, ministerial-level agencies, agencies under the Government, Supreme People's Court, Supreme People's Procuracy;

b) Lawyers practicing at law firms, law offices, enterprises.

5. Countries and Institutions Sending for Training:

The Ministry of Justice will coordinate with the Ministry of Foreign Affairs and Vietnamese representative offices abroad to identify high-quality training institutions overseas to send trainees for training. Priority will be given to sending for training in the following countries: UK, USA, Australia, France, Germany.

6. Forms, Duration, and Content of Training:

a) Training Forms:

Training will be conducted in a concentrated form through the following stages:

- Stage 1: Training as a lawyer at training institutions

Trainees will be sent for training according to the time, program, and content agreed upon between the Ministry of Justice of Vietnam and training institutions in the UK, USA, Australia, France, and Germany.

- Stage 2: Practical experience in international law firms

After completing the training course at the training institution, trainees will be sent to international law firms in the UK, USA, Australia, France, and Germany for practical experience. The duration of practical experience ranges from 3 to 12 months.

b) Duration of Training:

The total training period is expected to range from 21 to 27 months, depending on the duration of lawyer training and practical experience at foreign law firms, specifically as follows:

- UK: 27 months, including 24 months of lawyer training and 3 months of practical experience;

- USA: 21 months, including 9 months of lawyer training and 12 months of practical experience;

- Australia: 24 months, including 18 months of lawyer training and 6 months of practical experience;

- France: 27 months, including 24 months of lawyer training and 3 months of practical experience;

- Germany: 27 months, including 24 months of lawyer training and 3 months of practical experience;

c) Training Content:

Training focuses on knowledge of international trade law, international legal practice skills, particularly emphasizing dispute resolution and legal advice in international transactions.

7. Selection Conditions:

a) Be a Vietnamese citizen residing in Vietnam;

b) Have a firm political stance and good moral character;

c) Under 40 years old;

d) Hold a bachelor's degree in law with a minimum of a good grade;

e) Possess language certification appropriate to the country of training, specifically as follows:

- TOEFL score of 600 points or IELTS score of 6.5 points for the UK, USA, and Australia;

- DELF B1 certificate (or DELF first degree Unit A3 + A4) or TCF Level 3 or higher for France;

- German ZD level 3 or equivalent certified by the Goethe Institute for Germany;

Those holding a bachelor's, master's, or doctoral degree in law from the UK, USA, Australia, France, or Germany are exempt from the language proficiency requirements stipulated herein;

f) For civil servants working in Ministries, ministerial-level agencies, agencies under the Government, Supreme People's Court, and Supreme People's Procuracy, they must have at least two years of work directly related to law (advising, policy-making, law drafting, teaching law, researching law, or judicial work); for lawyers, they must have at least three years of legal practice, with potential and prospects for development in the legal profession.

8. Selection Board, Selection Method, and Sending Trainees for Training

a) Selection Board:

The selection of trainees will be carried out by the Selection Board. Members of the Selection Board include managers, legal experts, and lawyers, specifically as follows:

- The representative of the leadership of the Ministry of Justice serves as the Chairman of the Board;

- Representative of the Ministry of Education and Training;

- Representative of the Ministry of Home Affairs;

- Several experienced and reputable legal experts in the field of legal education and legal research.

- Some lawyers with at least seven years of experience in investment, business, and trade fields, fluent in foreign languages.

The Ministry of Education and Training, the Ministry of Home Affairs shall be responsible for nominating representatives to participate in the Selection Board based on the requirements for Selection Board members. The Ministry of Justice will select legal experts and lawyers to join the Selection Board according to these requirements. The Minister of Justice issues a Decision to establish the Selection Board. The Selection Board will have an assisting agency designated by the Minister of Justice.

The Selection Board is responsible for publicly announcing the recruitment of trainees. The assisting agency is tasked with receiving application files, examining them, and presenting them to the Selection Board.

b) The application file includes the following documents:

- Application registration form;

- Curriculum vitae confirmed by the agency where the civil servant is working or confirmed by the People's Committee of the commune where the applicant resides;

- Criminal record certificate;

- A valid copy of the bachelor's, master's, or doctoral degree in law along with the transcript;

- A copy of the language certification as stipulated in point đ of Section 7 of this Project;

- Confirmation letter from the agency where the civil servant is working regarding the time spent working in the legal field; confirmation letter from the agency or organization where the lawyer is practicing regarding the time spent practicing as a lawyer;

- Official dispatch letter for the application signed by the head of the civil servant management agency or the head of the organization where the lawyer is practicing;

- A thesis on a topic related to law.

c) Recruitment method:

- Round 1: Reviewing application files. The Selection Board examines and categorizes the files according to the sending country for training. Based on the general requirements of the sending country, the Selection Board compiles a list of candidates who meet the criteria.

- Round 2: Interviewing candidates. Candidates present a summary of their thesis and answer questions posed by the Selection Board.

Successful candidates will be listed by the Selection Board to be submitted to the Minister of Justice for decision.

d) Method of sending trainees abroad for training:

Sending successful trainees abroad will be carried out in batches during the period from 2008 to 2010. The number of trainees sent in each batch depends on the number of successful candidates and those accepted in each selection round.

In cases where the required number of legal experts cannot be selected, outstanding law graduates, master's and doctoral degree holders in law meeting the selection criteria specified in points a, b, c, d, and đ of Section 7 of this Project may be specially recruited to work at Ministries, agencies equivalent to Ministries, government agencies, Supreme People's Court, and Supreme People's Procuracy to be sent abroad for training under this Project.

Based on the target trainees, training needs, and post-training usage, the Ministry of Justice will consider sending successful trainees abroad for training according to the following orientation:

- For those who have completed lawyer training in the UK, USA, Australia, France, Germany, or hold a master's or doctoral degree in law from the UK, USA, Australia, France, Germany, they will be considered for immediate placement in international law firms in these countries (Phase 2).- For those who have not completed lawyer training in the UK, USA, Australia, France, Germany, they will be considered for training and placement in international law firms in these countries (Phase 1 and Phase 2).

9. Implementation schedule:a) From June 2008 to October 2008:

- Organizing survey teams to conduct surveys in the UK, USA, Australia, France, Germany. The survey team is tasked with contacting and negotiating with legal training institutions and law firms about accepting Vietnamese trainees; surveying training costs and living expenses of trainees to budget appropriately for each country; monitoring and managing trainees while they are abroad.

- Signing agreements with governments or training contracts with legal training institutions and law firms in the UK, USA, Australia, France, Germany for training legal experts and lawyers.

- Organizing the selection of trainees.

b) From November 2008: Sending trainees abroad for lawyer training and practice.

10. Budget for implementing the Project:

a) For civil servants working at Ministries, agencies equivalent to Ministries, government agencies, Supreme People's Court, and Supreme People's Procuracy:

The training budget for civil servants working at Ministries, agencies equivalent to Ministries, government agencies, Supreme People's Court, and Supreme People's Procuracy will be funded by the state budget. The Ministry of Justice will implement admissions, review successful candidates, and submit annual budget estimates to the Ministry of Education and Training. The Ministry of Education and Training is responsible for managing and disbursing funds to trainees abroad according to the regulations of the "Training Cadres at Foreign Institutions Using State Budget" project approved by Decision No. 356/QD-TTg dated April 28, 2005 of the Prime Minister.

b) For lawyers practicing at law firms, law offices:

Lawyers participating in this training program will cover their own training costs; in case of need, the Government will provide preferential credit policies.

The Ministry of Finance will coordinate with the Ministry of Justice to provide detailed guidance on preferential credit policies for lawyers participating in this training program.

c) For lawyers sent abroad for training by enterprises under this training program:

If enterprises send lawyers abroad for training under this program, the enterprises will cover the training costs themselves.

d) Budget estimate for implementing the Project:

- Funding for civil servants sent abroad for training: 3,110,100 USD

Legal training institution

Total number of trainees sent for training (persons)