Decision No. 667/2004/QĐ-BTP On the issuance of the Regulation on the final internship examination for practicing lawyers

Pursuant to …;

Regarding the issuance of the Regulation on the Final Internship Examination for Legal Practice

______________________ 

THE MINISTER OF JUSTICE

Pursuant to the Lawyer Ordinance 2001;

Pursuant to Decree No. 94/2001/NĐ-CP dated December 12, 2001 of the Government detailing the implementation of the Lawyer Ordinance;

Pursuant to Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of financial leasing companies;

At the proposal of the Director of the Legal Assistance Department,

DECISION:

Article 1. This Decision promulgates the Regulation on the Final Internship Examination for Legal Practice.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Director of the Legal Assistance Department, Heads of units under the Ministry of Justice, Directors of Departments of Justice, and Chairpersons of Bar Associations shall be responsible for implementing this Decision./.

             REGULATIONS

Final Internship Examination for Legal Practice

________________

(Issued together with Decision No. 667/2004/QĐ-BTP dated December 8, 2004 of the Minister of Justice)

ngày 08/12/2004 của Bộ trưởng Bộ Tư pháp)

PART I

GENERAL PROVISIONS

Article 1: Scope and Applicability

The Regulation on the Final Internship Examination for Legal Practice shall apply to examinations conducted to assess the ability of candidates to practice law according to the Lawyer Ordinance 2001 and Decree No. 94/2001/NĐ-CP dated December 12, 2001 of the Government detailing the implementation of the Lawyer Ordinance.

Article 2: Principles of the Final Internship Examination for Legal Practice

The Final Internship Examination for Legal Practice must ensure transparency, fairness, and objectivity.

Article 3: Responsibilities of Units under the Ministry of Justice, Departments of Justice, and Bar Associations

1. The Legal Assistance Department is the main unit organizing the Final Internship Examination for Legal Practice.

2. Other units under the Ministry of Justice, Departments of Justice, and Bar Associations within their respective duties and authorities shall cooperate with the Legal Assistance Department to organize the Final Internship Examination for Legal Practice.

Chapter II

CONTENT AND FORM OF THE FINAL INTERNSHIP EXAMINATION FOR LEGAL PRACTICE

Article 4: Content of the Final Internship Examination for Legal Practice

1. Legal advisory skills

2. Advocacy skills.

3. Conduct and professional ethics of lawyers.

Article 5: Form and Time of the Final Internship Examination for Legal Practice

1. Written examination lasting 180 minutes.

2. Practical examination consisting of two parts. Part one, the intern lawyer presents and defends their viewpoint on a self-selected case. Part two, the intern lawyer resolves a scenario presented by the examiner. The practical examination time for each intern lawyer does not exceed 15 minutes per part.

Chapter III

ORGANIZATION OF THE FINAL INTERNSHIP EXAMINATION FOR LEGAL PRACTICE

Article 6: Participants in the Final Internship Examination for Legal Practice

Participants in the Final Internship Examination for Legal Practice are intern lawyers who have completed the required internship period as stipulated by the Lawyer Ordinance and have been proposed by the Bar Association's Executive Board to participate in the examination.

Article 7: Regional Final Internship Examination for Legal Practice

1. The Final Internship Examination for Legal Practice shall be organized regionally, once every quarter.

2. No later than the 15th day of the last month of each quarter, the Bar Association's Executive Board shall send a letter to the Legal Assistance Department requesting the examination along with a list and application file of intern lawyers completing their internship period for the next quarter. The application file includes:

a) A copy of the intern lawyer's identification card;

b) An evaluation report by the intern lawyer regarding their internship process and comments from the supervising lawyer on the intern lawyer's professional competence and ethical conduct, confirmed by the practicing organization;

c) Two 3x4 photos for the examination application.

3. Based on the number of intern lawyers proposed by the Bar Associations, the Director of the Legal Assistance Department shall submit to the Minister of Justice for decision on conducting the regional Final Internship Examination for Legal Practice and the number of participants.

In special cases, intern lawyers from Bar Associations outside the examination region may also participate if they have completed their internship period and are proposed by their Bar Association.

No later than 20 days before the examination date, the Director of the Legal Assistance Department shall notify the list of participants to the Bar Associations with participants.

Article 8: Establishment of the Examination Committee for the Final Internship Examination for Legal Practice

1. The Examination Committee for the Final Internship Examination for Legal Practice (hereinafter referred to as the Examination Committee) shall be established by the Minister of Justice's Decision.

2. The Examination Committee shall be established regionally. It operates only during the Final Internship Examination for Legal Practice in that region and dissolves itself upon completion of its tasks.

3. The Examination Committee shall use the seal of the Ministry of Justice to perform its tasks as prescribed by this Regulation.

Article 9: Organizational Structure of the Examination Committee

1. The Examination Committee for the Final Internship Examination for Legal Practice consists of:

a) The Director (or Deputy Director) of the Legal Assistance Department as Chairman;

b) The Director (or Deputy Director) of the Department of Justice where the examination is held;

c) The Head (or Deputy Head) of the Legal Training Department, Judicial Academy;

d) A representative of the Lawyers' Association of the locality where the examination is held;

e) Several lawyers with high professional qualifications and reputation.

The number and specific members of the Examination Committee shall be decided by the Minister of Justice based on the proposal of the Director of the Legal Assistance Department.

2. Supporting the Examination Committee are the Monitoring Board, the Examining Board, and the Secretariat.

Article 10: Duties and powers of the Examination Supervisory Board

1. Guide the examination rules, regulations, content, and issue examination cards to candidates.

2. Prepare and announce the examination venue and time to candidates at least twenty days before the examination date.

3. Organize the implementation of the examination for the completion of the probationary period for practicing lawyers as prescribed in this Regulation.

4. Announce the examination results of candidates to Bar Associations where probationary lawyers participate in the examination period.

5. Organize the re-examination of examination papers.

Article 11: Duties and powers of members of the Examination Supervisory Board

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

a) Decide on the examination venue and time;

b) Decide on the establishment and designation of members of the Examination Monitoring Board, Examination Grading Board, and Secretariat Team;

c) Assign tasks to each member of the Examination Supervisory Board;

d) Organize the preparation and selection of examination questions, and ensure the confidentiality of examination questions;

e) Direct the examination process;

g) Handle violations of the Regulation on the examination for the completion of the probationary period for practicing lawyers by members of the Examination Supervisory Board, Examination Monitoring Board, Examination Grading Board, Secretariat Team, and candidates according to Articles 23 and 24 of this Regulation;

h) Report to the Minister of Justice on the examination results, financial receipts and expenditures, and be responsible to the Minister of Justice for organizing the examination and the results of the examination for the completion of the probationary period for practicing lawyers.

2. Members of the Examination Supervisory Board shall perform tasks assigned by the Chairman of the Board and be responsible to the Chairman of the Board for the performance of those tasks.

Article 12: Examination Monitoring Board

The Examination Monitoring Board consists of one member of the Examination Supervisory Board serving as the Head of the Board who is responsible for the activities of the Board and other members designated by the Chairman of the Examination Supervisory Board.

The Examination Monitoring Board has the duty to supervise compliance with the Regulation on the examination for the completion of the probationary period and ensure safety during the examination process.

Article 13: Examination Monitor
1. Each written examination room has two written examination monitors (hereinafter referred to as written examination room monitors) and one monitor.

Written examination room monitors have the following duties and powers:

a) Number registration according to the prescribed regulations;

b) Call out names and check examination cards of candidates entering the examination room;

c) Publicly seal examination questions for candidates; open sealed examination questions upon instruction;

d) Distribute examination questions to candidates;

e) Shall not explain examination questions or engage in private discussions with candidates in the examination room;

g) Require candidates to submit examination papers when time is up and sign off on the list of candidates; check the number of submitted examination papers against the list;

h) Process the submission of examination papers, used examination questions, unused examination questions, and related documents to the Secretariat Team;

i) Record cases where candidates violate the Examination Regulation and report to the Chairman of the Examination Supervisory Board as stipulated in Article 23 of this Regulation.

The monitor is responsible for supervising compliance with the Examination Regulation by written examination room monitors and candidates.

2. Each practical examination room has two practical examination monitors (hereinafter referred to as practical examination room monitors).

Practical examination room monitors have the following duties and powers:

a) Call out names and check examination cards of candidates entering the examination room;

b) Supervise compliance with the Regulation on the examination for the completion of the probationary period by examiners and candidates during the practical examination;

c) Record cases where candidates and examiners violate the Examination Regulation and report to the Chairman of the Examination Supervisory Board as prescribed in this Regulation.

Article 14: Examination Board

1. The Examination Board consists of the Written Exam Marking Committee and the Practical Exam Supervision Committee.

2. The Written Exam Marking Committee includes one member of the Examination Council serving as the Head responsible for the activities of the Committee, appointed by the Chairman of the Examination Council, and other members designated by the Chairman of the Examination Council. The Written Exam Marking Committee is responsible for marking the written exam papers.

3. The Practical Exam Supervision Committee includes one member of the Examination Council serving as the Head responsible for the activities of the Committee, appointed by the Chairman of the Examination Council, and other members designated by the Chairman of the Examination Council. The Practical Exam Supervision Committee is tasked with conducting practical exams.

Article 15: Duties and Authorities of the Examiner

1. The examiner for the written exam has the following duties and authorities:

a) Marking the answers according to the correct answer key; recording and signing the score in the designated place;

b) Reporting promptly to the Head of the Written Exam Marking Committee if any suspicious signs are found during the marking process;

c) Marking the exam papers at the designated location without affecting the marking process of others;

d) Collecting the results of the marked exam papers and related documents and handing them over to the Secretariat of the Examination Council;

e) Keeping the results of the marked exam papers confidential.

2. The examiner for the practical exam has the following duties and authorities:

a) Asking questions and marking the practical exam according to the content and scoring scale of the answer key;

b) Collecting the results of the practical exam and handing them over to the Secretariat;

c) Not announcing the scores until a decision is made by the Chairman of the Examination Council.

Article 16: Secretariat of the Examination Council

1. The Secretariat of the Examination Council is established by the decision of the Chairman of the Examination Council.

2. The Secretariat of the Examination Council has the following duties and authorities:

a) Preparing files and materials for the Examination Council, recording minutes of the meetings of the Council;

b) Numbering examination rooms, posting lists of candidates and room layouts;

c) Receiving and sealing examination papers and related materials;

d) Collecting and disbursing examination expenses according to the decision of the Chairman of the Examination Council;

e) Performing other tasks assigned by the Chairman of the Examination Council.

Article 17: Posting Lists of Candidates and Other Information

One day before the examination, examination rooms must be numbered and lists of candidates for each room posted. Layouts of examination rooms, examination times, and examination room regulations must be posted at the examination venue.

Article 18: Responsibilities of Candidates Participating in the Examination

1. Candidates have the responsibility to:

a) Be present at the examination room on time and show their examination admission card before entering the 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) Use the examination paper provided, fill in all required sections of the paper completely, and only use one type of ink, not red ink or pencils.

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

3. Candidates shall not:

a) Bring mobile phones, other transmitting devices, toxic chemicals, flammable and explosive substances, or other materials and items not specified in Clause 2 of this Article into the examination room;

b) Communicate within the examination room, copy examination papers, or exchange scratch paper or examination papers;

4. After two-thirds of the examination time has passed, candidates may leave the examination room only with the consent of the invigilator.

Article 19: Grading the examination

1. Each examination paper shall be graded independently by two examiners, with each examiner assigning a score out of ten points.

2. The score for each examination paper shall be the average of the scores given by the two examiners. In cases where the scores given by the two examiners differ by two points or more, the examiners shall discuss and reach an agreement on the final score. If they cannot agree, the two results shall be referred to the Chairman of the Examination Grading Board or the Chairman of the Practical Examination Board for resolution.

3. Candidates must achieve a score of five points or higher on each examination paper to meet the requirements of the bar examination at the end of their training period.

4. Within fifteen days from the date of completion of grading the examinations, the Chairman of the Examination Board shall be responsible for notifying the examination results to the Bar Associations where the candidates undergoing the examination are located.

5. Examination papers and examination grading results shall be stored in the Department of Legal Assistance for a period of five years from the date of the examination.

Article 20: Re-grading examination papers

1. Within fifteen days from the date of receiving the examination results, candidates who disagree with their examination results may submit a request for re-grading to the Chairman of the Examination Board.

2. Within fifteen days from the deadline for submitting requests for re-grading, the Chairman of the Examination Board shall decide to establish a Re-grading Board. The Re-grading Board shall consist of at least two members. Members of the Examination Grading Board shall not be members of the Re-grading Board.

3. The procedures for conducting re-grading shall be carried out in accordance with the provisions of Article 19 of this Regulation.

Article 21: Issuance of Lawyer Practice Certificate

1. Candidates who meet the requirements of the bar examination at the end of their training period shall be issued a Lawyer Practice Certificate.

2. The examination results of the candidates shall be notified to the Bar Associations where the candidates participated in the examination. Based on the examination results, the Bar Association Management Board shall issue a written request to the Ministry of Justice to grant a Lawyer Practice Certificate to the candidate trainee lawyers of the Bar Association.

Article 22: Budget for organizing the bar examination at the end of the training period

1. The costs for organizing the bar examination at the end of the training period shall be covered based on the principle of revenue covering expenses.

2. Based on the number of candidates in each region, the Examination Board shall notify the amount of funds required to be contributed for each examination session.

3. In cases where the examination is organized in mountainous areas or regions with special difficulties, the Ministry of Justice shall provide financial support for the bar examination at the end of the training period upon the proposal of the Head of the Department of Legal Assistance.

4. The examination budget shall be used for the following purposes:

a) Renting venues and equipment for the examination;

b) Paying remuneration to those who set examination questions; costs for photocopying and printing necessary materials for the examination;

c) Providing allowances to members of the Examination Board, Examination Supervision Board, Examination Grading Board, and Secretariat Team;

d) Covering other reasonable expenses.

5. Officials and civil servants assigned to participate in the Examination Board, Examination Supervision Board, Examination Grading Board, and Secretariat Team shall be entitled to travel allowances in accordance with the regulations of the Ministry of Finance.

6. The management and use of the budget for organizing the bar examination at the end of the training period shall be carried out in accordance with the current financial system.

Chapter IV

VIOLATION HANDLING AND COMPLAINT AND DENUNCIATION RESOLUTION

Article 23: Handling Violations of the Examination Regulation for Candidates

1. Candidates who commit violations of the Examination Regulation shall be subject to handling measures depending on the severity of the violation as follows:

a) Reprimand;

b) Warning;

c) Suspension of examination.

2. Candidates who commit any of the acts stipulated in Clause 3 of Article 18 of this Regulation shall be handled with a reprimand.

3. Candidates who commit the following violations shall be handled with a warning:

a) Repeat offense after having been reprimanded;

b) Being discovered using prohibited materials during the examination.

Candidates who are handled with a warning shall have fifty percent of their examination score for that test deducted.

4. Candidates who commit the following violations shall be handled with suspension of examination:

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

b) Repeat offense after having been warned;

c) Intentionally causing disorder or endangering safety within the examination room;

d) Other serious violations of the Examination Regulation.

Candidates who are handled with suspension of examination shall not continue with subsequent examinations and shall have their results from previous examinations nullified.

5. The Chairman of the Examination Board has the authority to decide on warnings and suspensions of examination for candidates violating the Examination Regulation as provided for in Clauses 3 and 4 of this Article.

Examiners shall record violations as specified in Clauses 3 and 4 of this Article, confiscate any contraband items (if any), and have the authority to issue reprimands to candidates violating Clause 2 of this Article.

Article 24: Handling Violations of the Examination Regulation for Members of the Examination Board, Examination Committees, Grading Panels, and Secretariat Teams

Members of the Examination Board, Examination Committees, Grading Panels, and Secretariat Teams who violate this Regulation shall be recorded in a report and shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the severity of the violation as prescribed by law.

Article 25: Petitioning and Reporting

1. Within fifteen days from the date of receipt of the decision of the Examination Board, individuals or organizations may lodge complaints against such decisions if they believe that the decisions infringe upon their legitimate rights and interests. The Chairman of the Examination Board is responsible for resolving complaints within ten days from the date of receipt of the complaint.

If dissatisfied with the resolution of the complaint by the Chairman of the Examination Board, the complainant may appeal to the Minister of Justice. Within thirty days from the date of receipt of the complaint, the Minister of Justice is responsible for resolving the complaint. The decision of the Minister of Justice on the resolution of the complaint is final.

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