Thông tư 10/2014/TT-BTP

CIRCULAR

OBLIGATION OF LAWYERS TO TAKE REFRESHER COURSES

Pursuant to the Law on Lawyers no. 65/2006/QH11 dated June 29^th 2006, which was amended a number of articles by the Law on Amending the Law on Lawyers no. 20/2012/QH13 dated November 20^th 2012;

Pursuant to the Decree No. 22/2013/NĐ-CP dated March 13^th 2013 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Justice;

Pursuant to the Decree No. 123/2013/NĐ-CP dated October 14^th 2013 of the Government detailing a number of articles and the implementation of the Law on Lawyers;

At the proposal of the Director of the Bureau of Judicial Affair Support;

The Minister of Justice promulgates this Circular to regulate the obligation of lawyers to participate in refresher courses.

Chapter 1.

GENERAL PROVISION

Article 1. Regulated entities and scope

1. This Circular deals with participants, time, forms and contents of refresher courses for lawyers; penalties on lawyers that fail fulfill their obligation to take refresher courses (hereinafter referred to as training obligation); Tuition fee for lawyers to participate in courses of refresher courses for lawyers; Responsibilities of lawyers, law-practicing organization, socio-professional organizations of lawyers, State management agencies for lawyers and law-practicing for the training obligation; handling violations, complaints and denunciation.

2. This Circular is applied to Vietnamese lawyers, law-practicing organization, socio-professional organizations of lawyers, lawyer training institution, State management agencies for lawyers and law-practicing.

Article 2. Principles of training

The refresher courses must:

1. Update and improve Law knowledge and skills.

2. Ensure the precision and sufficiency of time, content and quality of the refresher courses for lawyers.

3. Ensure the responsibility and quality of the fulfillment of training obligation.

Article 3. Responsibilities of lawyers

1. Participate adequately in the refresher courses for lawyers.

2. Select the training programs in accordance with the field of practice.

3. Pay tuition fee for participating in the refresher courses according to Article 13 of this Circular, except the cases in which tuition fee is exempt mentioned in the regulations of the Vietnam Bar Federation.

4. Send the Bar Association of which a lawyer is a member one of the documents prescribed in Article 14 of this Circular in order to prove the training obligation fulfillment before December 15^th every year.

5. Discharge other responsibilities according to the Law on Lawyers, the Decree No. 123/2013/NĐ-CP dated October 14^th 2013 of the Government detailing a number of articles and the implementation of the Law on Lawyers (hereinafter referred to as Decree 123/2013/NĐ-CP) and this Circular;

Article 4. Responsibilities of law-practicing organizations

1. Enable lawyers in the organization to fulfill the training obligation.

2. Check the fulfillment of training obligation of lawyers in the organization

3. Send the local Department of Justice, the Bar Association a list of lawyers participating in the courses provided by the law-practicing organization before December 15th every year.

4.  Discharge other responsibilities according to the Law on Lawyers, the Decree No. 123/2013/NĐ-CP and this Circular.

Article 5. Responsibilities of socio-professional organizations of lawyers

1. Responsibilities of the Bar Associations:

a) Compile and send a list of the lawyer members having fulfilled the annual training obligation to the Vietnam Bar Federation and the local Department of Justice and post the list on the website of the Association or on the bulletin board at the Association headquarter;

b) Check the fulfillment of training obligation of their lawyers

c) Discipline lawyers failing to fulfill the training obligation according to the Law on Lawyers, the Decree No. 123/2013/NĐ-CP and this Circular.

d) Settle complaints and denunciations pertaining to refresher courses in accordance with the Law on Lawyers, this Circular and Charter of the Vietnam Bar Federation.

dd) Discharge other responsibilities according to the Law on Lawyers, the Decree No. 123/2013/NĐ-CP and this Circular.

2. Responsibilities of the Vietnam Bar Federation:

a) Formulate programs, materials and plans for annual training after reaching an agreement the Ministry of Justice;

b) Decide the tuition fee bracket, the entities eligible for fee exemption and fee reduction after reaching an agreement the Ministry of Justice;

c)Take responsibility for quality of the refresher courses provided by the organizations prescribed in Article 11 of this Circular;

d) Annually make and post a list of lawyers having fulfilled the training obligation on the website of the Vietnam Bar Federation.

dd) Instruct, monitor, supervise and assess the fulfillment of training obligation in the whole country;

e) Settle complaints and denunciations pertaining to refresher courses according to the Law on Lawyers, this Circular and Charter of the Vietnam Bar Federation.

g) Send a report on the fulfillment of training obligation of lawyers nationwide to the Ministry of Justice before December 31st every year or upon request.

h) Discharge other responsibilities according to the Law on Lawyers, the Decree No. 123/2013/NĐ-CP and this Circular.

Article 6. Responsibilities of the Department of Justice

The Department of Justice is responsible for the inspection and disciplinary measures for the refresher courses according to the Law on Lawyers, the Decree 123/2013/NĐ-CP this Circular and other relevant law provisions.

Article 7. Responsibilities of the Ministry of Justice

1. The Minister of Justice shall implement the State management of the refresher courses as follows:

a) Carry out inspection, impose penalties and settle complaints and denunciations pertaining to the refresher courses according to the Law on Lawyers, the Decree 123/2013/NĐ-CP this Circular and other relevant law provisions.

b) Suspend the implementation and request for modification and supplementation for the regulations and instructions of the Vietnam Bar Federation on the refresher courses according to the Law on Lawyers, the Decree 123/2013/NĐ-CP and this Circular.

c) Settle complaints and denunciations of the regulations, instructions and decisions of the Vietnam Bar Federation related to refresher courses for lawyers.

2. The Bureau of Judicial Affair Support assisting Minister of Justice in implementing the State management of the refresher courses according to Clause 1 of this Article has the following tasks and powers:

a) Give advices on the programs, materials and plans for annual refresher courses made by the Vietnam Bar Federation;

b) Give advices on the regulations of the Vietnam Bar Federation on the tuition fee bracket, the cases of free or reduction of fee;

c) Inspect the promulgation and performance of the regulations, instructions and conduct of refresher courses in order to ensure the compliance with the regulations;

d) Request the Minister of Justice to consider suspending, modifying and supplementing the regulations and instructions on refresher course that are inappropriate to the regulations of the Law;

dd) Settle complaints and denunciations of the regulations, instructions and decisions of the Vietnam Bar Federation related to refresher courses for lawyers.

e) Discharge other responsibilities according to the Law on Lawyers, the Decree No. 123/2013/NĐ-CP and this Circular.

Chapter 2.

REFRESHER COURSES FOR LAWYERS

Article 8. Participation time

Every lawyer must participate in a refresher course at least 02 working days per year (16 working hours/year).

Article 9. Postponement of the training obligation

1. A Lawyer's training obligation is postponed for one year in case the lawyer is in a long-term treatment at a medical facility or participating in a training program overseas or other justifiable reasons confirmed by the law-practicing organization where he/she works or the Bar Association of which he/she is a member practicing individually.  The Lawyer must complete the course of the year in the following year.

2. The Executive Board of a Bar Association entitled to approve the training obligation postponement of lawyers is responsible for sending the Vietnam Bar Federation a list of lawyers postponing the training obligation.

Article 10. Performance forms of the training obligation

1. The lawyers shall participate in the refresher courses prescribed in Article 11 of this Circular; after the training, each lawyer will be issued a participation certificate using the form (TP-LS-01) enclosed herewith by the organization providing the course.

2. Lawyers are exempt from the training obligation in the following cases:

Lawyers are trainers in the refresher courses prescribed in Article 11 of this Circular;

b) Lawyers are teaching law, law practicing skills, lawyers’ code of ethics and professional behavior in institutions of lawyer training and lawyer refresher courses

c) Lawyers are participating in refresher courses overseas.

3. The Duration of each of the activities prescribed in Clause 2 of this Article must be at least equal to the training duration prescribed in Article 8 of this Circular.

Article 11. Organizations providing training courses

1. Organizations providing refresher courses are as follows:

a) The Vietnam Bar Federation:

b) Bar Associations

c) Lawyer training institution

d) Law-practicing organizations

2. Bar Associations, lawyer training institution, law-practicing organizations providing refresher courses after the Vietnam Bar Federation’s approval for the training programs, materials and plans must send a report on the training performance to the Vietnam Bar Federation before December 15^th every year or upon request.

3. Every year, on basis of the approval of the Vietnam Bar Federation, each Bar Association must compile a list of law-practicing organization with sufficient capability to provide refresher courses and post it on the website or on the bulletin board at the headquarter of the Bar Association.

Article 12. Contents and materials of the training courses

1. The contents

a) Update and improvement of law knowledge.

b) Lawyers’ specialized skills of each filed;

d) Law-practicing organization management skill;

d) Lawyers’ code of ethics and professional conduct.

2. The course materials provided by the organizations prescribed in Article 11 of this Circular must be compiled by prestigious lawyers or law experts. The materials must be regularly updated with new regulations of the Law and lawyer specialized skills.

3. At least 15 days prior to the starting date of a course, the course providing organization prescribed in Point b, c and d of Clause 1 Article 11 of this Circular must send its training programs, materials and plans to the Vietnam Bar Federation for assessment and advice.

4.  At least 7 working days prior to the starting date of a course, the Vietnam Bar Federation must send its training programs, materials and plans to the Ministry of Justice for assessment and advice.

Article 13. Tuition fee

The tuition fee is used to cover the expenditures on the course incurred by the providing organization. The Vietnam Bar Federation must decide the tuition fee bracket, the entities eligible for fee exemption and fee reduction and request the Ministry of Justice for consideration. The Ministry of Justice shall consider and advise about the regulation at latest of 15 days prior to its promulgation.

Article 14. Document proving fulfillment of training obligation

A lawyer must provide a copy of one of the following documents to prove the training obligation fulfillment:

1. A certificate of training issued by the organizations providing training courses

2. A certificate of teaching issued by the organizations providing training courses

3. A certification of teaching issued by the institutions of lawyer training or lawyer professional improvement training.

4. 4. A qualification, certification or other documents proving the participation of a lawyer in refresher courses overseas.

Chapter 3.

DISCIPLINARY MEASURES AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 15. Disciplinary measures for lawyers failing to fulfill the training obligation

1. A lawyer violating the training obligation shall be disciplined at one of the following forms depending on nature and severity of the violations:

a) Rebuke;

b) Warning;

c) Temporarily suspension the status as a member of the Bar Association for six to twelve months.

Apart from incurring penalties, a lawyer must fulfill the training obligation of the year in the following year.

2. The Vietnam Bar Federation shall regulate in detail the violations of the training obligation and their respective disciplinary measures.

3. The Chairman Board of the Bar Association shall consider and decision to take a disciplinary measure at the request of the Association’s Board of reward and discipline.

Article 16. Complaints about disciplinary measures

A lawyer has right to complain about the disciplinary measure for training obligation violation.

The competency and procedure for settling complaints are according to Article 86 of the Law on Lawyers

Article 17. Disciplinary measures for organizations providing training courses

Organizations providing refresher courses commit one of the following acts shall be disciplined depending on nature and severity of the violations according to the regulations on administrative violations; If there is any damage caused, the organizations must pay compensation according to the regulations of the Law.

1. Fraud in issuing training participation certificates.

2. Colleting tuition fees beyond the bracket imposed by the Vietnam Bar Federation.

3. Other violations according to the Law on Lawyers, the Decree No. 123/2013/NĐ-CP and this Circular.

Article 18. Denunciation

An individual has right to denounce the violations of the regulation in this Circular to the competent State agencies.  The denunciation settlement shall comply with the regulations on denunciation.

Chapter 4.

IMPELEMENTATION PROVISION

Article 19. Effect

This Circular takes effect on May 21^st 2014

Article 20. Implementation responsibility

The Chief officers, the Director of the Bureau or Judicial Affair Support, the Chairman of the Vietnam Bar Federation, the Heads of the relevant offices and organizations are responsible for implementation this Circular.

CERTIFICATE OF PARTICIPATION IN REFRESHER COURSES FOR LAWYERS

Name of the organization providing the training course:

Address of the Headquarter

Tel.

Fax

Website (if any)

CERTIFICATE

Mr./Mrs.

Lawyer’s card ID Date of issue:  

Is a member of the Bar Association of:

Place of practicing

Has successfully participated in the refresher courses on ……/……/………. at ……………………….. about ………………………… for ……………. days/ hours.

This certificate takes effect for a year from the date of issue and on the whole Vietnam.