Thông tư 21/2010/TT-BTP

Circular No. 21/2010/TT-BTP of December 01, 2010, promulgating the Regulation on law-practicing probation

Nội dung toàn văn Circular No. 21/2010/TT-BTP promulgating the regulation on law-practicing


THE MINISTER OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 21/2010/TT-BTP

Hanoi, December 01, 2010

 

CIRCULAR

PROMULGATING THE REGULATION ON LAW-PRACTICING PROBATION

Pursuant to June 29, 2006 Law on Lawyers No. 65/2006/QH11;
Pursuant to the Government's Decree No. 93/ 2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
After consulting the Vietnam Bar Federation, the Minister of Justice decides:

Article 1. To promulgate together with this Circular the Regulation on law-practicing probation.

Article 2. This Circular takes effect on July 1, 2011, and replaces the Regulation on examination upon the completion of law-practicing probation promulgated together with the Minister of Justice's Decision No. 667/2004/ QD-BTP of December 8, 2004.

Article 3. The director of the Office, the director of the Legal Aid Department, heads of concerned agencies, and concerned organizations and individuals shall implement this Circular.

 

 

FOR THE MINISTER OF JUSTICE
DEPUTY MINISTER




Nguyen Duc Chinh

 

REGULATION

ON LAW-PRACTICING PROBATION
(Promulgated together with the Minister of Justice's Circular No. 21/2010/TT-BTP of December 1, 2010)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Regulation provides for law-practicing probation, examination of law-practicing probation results, disciplining, settlement of complaints and denunciations related to law-practicing probation and examination of law-practicing probation results.

2. This Regulation applies to law-practicing probationers, instructing lawyers and law-practicing organizations admitting law-practicing probationers, participants in the examination of law-practicing probation results, socio-professional organizations of lawyers, the state management agency in charge of lawyers and law practice.

Article 2. Responsibility to supervise law-practicing probation

1. Bar associations shall supervise law- practicing probationers, instructing lawyers and law-practicing organizations admitting law-practicing probationers in observing this Regulation.

2. Based on this Regulation and its charter, the Vietnam Bar Federation shall guide bar associations in supervising law-practicing probation.

3. The state management agency in charge of lawyers and law practice shall inspect and supervise the implementation of the Regulation on law-practicing probation.

Chapter II

LAW-PRACTICING PROBATION

Article 3. Law-practicing probationers

1. The following persons may register for law-practicing probation:

a/ Persons possessing certificates of lawyer profession training;

b/ Persons exempt from law practice training but subject to law-practicing probation under Clause 2. Article 16 of the Law on Lawyers.

2. Persons falling in any of the following cases may not register for law-practicing probation:

a/ Incumbent cadres, civil servants or public employees; professional officers, soldiers or defense workers in agencies or units of the People's Army: professional or technically specialized officers or non-commissioned officers in agencies and units of the People's Public Security Force;

b/ No longer permanently residing in Vietnam;

c/ Being currently examined for penal liability: having been convicted for unintentional crimes or intentional less serious crimes but not yet having previous convictions remitted; having been convicted for intentional serious crimes, very serious crimes or exceptionally serious crimes (even in case previous convictions have been remitted);

d/ Being subject to the administrative measure of confinement to a medical or educational establishment or being on administrative probation;

e/ Having lost the civil act capacity or having limited civil act capacity;

f/ Persons specified at Point a of this Clause who are dismissed within 3 years after the it-dismissal decisions take effect.

Article 4. Admission of law-practicing probationers

1. A person wishing to practice law on probation shall select and reach agreement with a law-practicing organization so as to be admitted as a law-practicing probationer. A law-practicing organization shall issue to such person a certificate of admission of law-practicing probationer and appoint a lawyer who is qualified under Article 13 of this Regulation to instruct such person.

A certificate of admission of law-practicing probationer must contain the following principal details:

a/ Name and office address of the law-practicing organization admitting the law-practicing probationer;

b/ Full name and address of the person admitted as a law-practicing probationer;

c/ Full name, address and serial number of the lawyer card of the instructing lawyer;

d/ Responsibility of the law-practicing organization and instructing lawyer, rights and obligations of the law-practicing probationer during the period of probation.

Such a certificate must bear the signatures of the head of the law-practicing organization. instructing lawyer and law-practicing probationer.

Persons wishing to practice law on probation and law-practicing organizations admitting law-practicing probationers may sign contracts under law. Such contract is as valid as the certificate of admission of law-practicing probationer.

2. In case a person wishing to practice law on probation fails to reach agreement with a law-practicing organization to admit him/her as a law-practicing probationer, he/she may request the management board of a bar association to recommend a law-practicing organization willing to admit him/her for probation. Within 10 working days after being requested, the bar association's management board shall consider and designate a law-practicing organization to admit him/her for probation. In case such law- practicing organization refuses to do so, it shall reply in writing to the bar association, clearly stating the reason.

The designated law-practicing organization shall issue a certificate of admission of law-practicing probationer to or sign a contract with the person wishing to practice law on probation under Clause 1 of this Article and appoint an instructing lawyer qualified under Article 13 of this Regulation.

3. Law-practicing organizations which can admit law-practicing probationers include:

a/ Lawyer offices and law firms; subsidiaries of lawyer offices and law firms:

b/ Vietnam-based subsidiaries of foreign law-practicing organizations and Vietnam-based foreign law firms: Vietnam-based subsidiaries of foreign law firms.

Subsidiaries of Vietnamese law-practicing organizations and Vietnam-based foreign law firms may admit law-practicing probationers when they are authorized in writing by heads of their organizations or directors of their Vietnam-based foreign law firms.

Article 5. Registration of law-practicing probation

1. Probation registration shall be conducted at bar associations in localities in which law-practicing organizations admitting law-practicing probationers are based.

2. A probation registration comprises dossier:

a/ An application for registration for law-practicing probation:

b/ The law-practicing organization's certificate of admission of law-practicing probationer or law-practicing probation contract specified in Clause I. Article 4 of this Regulation:

c/ Copy of the certificate of law practice training or document evidencing exemption from law practice training, for the cases specified in Clause 4, Article 13 of the Law on Lawyers.

In case a law-practicing probationer is entitled to a reduction of the law-practicing probation duration specified in Clause 3. Article 16 of the Law on Lawyers, he/she shall also enclose copies of documents evidencing the reduction of the law-practicing probation duration.

3. Within 5 working days after receiving a complete dossier, the management board of a bar association shall issue a decision on registration of law-practicing probation and record the name of the probationer in the list of probationers of the bar association. In case of refusal, it shall reply in writing, clearly staling the reason. The refused person may lodge a complaint under Article 36 of this Regulation.

Within 7 working days after the issuance of a decision on registration of law-practicing probation, the management board of the bar association shall send such decision to the law-practicing organization admitting the law-practicing probationer and the Vietnam Bar Federation.

4. A person whose name is recorded in the list of probationers of a bar association is called law-practicing probationer (below referred to as probationer). Probationers have the rights and obligations provided in this Regulation.

Article 6. Law-practicing probation duration

1. The law-practicing probation duration is 18 months. For a person entitled to a reduction of the law-practicing probation duration under Clause 2. Article 16 of the Law on Lawyers, such duration is 6 months. For a person entitled to a reduction of the law-practicing probation duration under Clause 3. Article 1.6 of the Law on Lawyers, such duration is 9 months.

The law-practicing probation duration shall be counted from the date of issuance of a decision on registration of law-practicing probation by a bar association.

2. In case a probationer changes his/her place of law-practicing probation under Article 7 of this Regulation, the law-practicing probation duration is equal to the total duration of his/her probation in law-practicing organizations.

3. The total duration of probation shall be counted under Clause 2 of this Article if the probationer has a probation period of at least 6 months in each law-practicing organization as certified in writing by such organization and a written assessment of the instructing lawyer under Clause 3, Article 14 of this Regulation.

4. For a probationer in a law-practicing organization who has a probation period of between 1 and under 6 months, this period may be counted into the total probation duration only in any of the following cases:

a/ The law-practicing organization admitting the probationer suspends or terminates its operation under the Law on Lawyers;

b/ The instructing lawyer dies or cannot continue instructing the probationer due to poor health or for another objective reason:

c/ The instructing lawyer no longer satisfies any of the conditions for instructing law-practicing probationers under Article 13 of this Regulation:

d/ The instructing lawyer fails to fulfill his/ her responsibilities specified in Article 14 of this Regulation;

e/ The probationer changes his/her place of residence;

f/ Other cases specified by law.

Article 7. Change of places of law-practicing probation

1. A probationer who changes his/her place of Jaw-practicing probation from a law-practicing organization to another within the same province or centrally run city shall report in writing on such change to the bar association with which he/she has registered the probation. Such report must contain the assessment and signature of the instructing lawyer and certification of the law-practicing organization in which the probationer works and the law-practicing organization to which the probationer wishes to move.

Within 5 working days after receiving a probationer's report, the management board of the bar association shall issue a decision on change of the place of probation. In case of refusal, it shall reply in writing, clearly slating the reason. The refused person may lodge a complaint under Article 36 of this Regulation.

Within 7 working days after the issuance of a decision on change of the place of probation, the management board of the bar association shall send such decision to the law-practicing organization in which the probationer works, the law-practicing organization to which the probationer wishes to move, and the Vietnam Bar Federation.

2. A probationer who changes his/her place of probation from a law-practicing organization in a province or centrally run city to another in another province or centrally run city shall withdraw his/her name from the list of probationers of the bar association with which he/she has registered and carry out probation registration procedures with the bar association in the locality in which the new law-practicing organization is based under Article 5 of this Regulation. Enclosed with the probation registration dossier must be a report on law-practicing probation results made by the probationer under Article 12 of this Regulation.

Article 8. Suspension or termination of law-practicing probation

1. A probationer may suspend his/her probation after reaching a written agreement with the law-practicing organization having admitted him/her as a probationer and shall report in writing on such suspension to the bar association with which he/she has registered for probation.

The probation suspension must not exceed 3 months and may be prolonged for plausible reasons.

In case the probation suspension exceeds 3 months or the probation is suspended without any plausible reason, the probationer shall re­register his/her probation under Article 5 of this Regulation.

2. A probationer may terminate his/her probation in any of the following cases:

a/ He/she terminates his/her probation on his/ her own will:

b/ He/she is employed as an officer, civil servant or public employee: or a career officer. professional army man or defense worker in an agency or unit of the People's Army; a professional or technical officer or non­commissioned officer in an agency or unit of the People's Public Security Force:

c/ He/she no longer permanently resides in Vietnam:

d/ He/she is sentenced and his/her sentence has taken legal effect;

e/ He/she is subject to the administrative measure of confinement to a medical or educational establishment or administrative probation;

f/ He/she is disciplined by having his/her name deleted from the list of probationers of the bar association.

In case the probationer terminates his/her probation under Point f. Clause 2 of this Article. 3 years after the date of issuance of the disciplining decision, he/she may re-register his/ her probation under Article 5 of this Regulation.

3. In case of expiration of the probation suspension duration specified in Clause I of this Article and in the cases of probation termination specified in Clause 2 of this Article, the law-practicing probation duration shall be counted from the date of re-registration for the probation and must be long enough as required in Clause 1. Article 6 of this Regulation.

Article 9. Prolongation of the law-practicing probation duration

1. A probationer may have his/her probation duration prolonged by the management board of the bar association at the request of the law-practicing organization in any of the following cases:

a/ He/she fails to meet probation requirements as assessed by the instructing lawyer and the law-practicing organization having admitted him/her for probation:

b/ He/she fails to pass the final probation examination.

Within 5 working days after receiving a request of the law-practicing organization, the management board of the bar association shall issue a decision lo prolong the probation duration.

Within 7 working days after the issuance of a decision to prolong the probation, the management board of the bar association shall send the decision to the law-practicing organization admitting the probationer, the probationer and the Vietnam Bar Federation.

2. A probationer may have his/her probation duration prolonged twice at most for between 6 and 12 months each. In case his/her probation duration has been prolonged twice but the probationer still fails to satisfy probation requirements or fails the final probation examination, the management board of the bar association with which he/she has registered for probation shall issue a decision to delete his/her name from the bar association's list of probationers. Persons whose names are deleted from the list of probationers of a bar association may lodge complaints under Article 36 of this Regulation.

Persons whose names are deleted from the list of probationers of a bar association may re­register for probation under Article 5 of this Regulation.

Article 10. Rights of probationers

1. To be provided by instructing lawyers with instructions on law-practicing skills and manners according to the professional code of conduct of lawyers.

2. To assist their instructing lawyers in performing the following jobs as assigned by the latter:

a/ Studying case files:

b/ Collecting documents, objects and circumstances involved in cases;

c/ Preparing counseling grounds or documents:

d/ Contacting individuals, agencies and organizations for exercising the rights and performing the obligations and activities related to the defense, representation and protection of the lawful rights and interests of clients, or providing law counseling;

e/ Performing the extra-procedural representation and providing other legal services with the consent of clients.

3. To attend court hearings or law counseling sessions together with their instructing lawyers; to take notes and perform other jobs as assigned by their instructing lawyers with the consent of clients.

4. To be assisted by the law-practicing organization and their instructing lawyers in the course of probation.

5. To have other rights as agreed upon with the law-practicing organization admitting them or as specified by law.

Article 11. Obligations of probationers

1. To comply with the law on lawyers and law practice.

2. To comply with the charter of the bar association with which they have registered for probation and the professional code of conduct of lawyers.

3. To perform jobs assigned by their instructing lawyers.

4. To be accountable to their instructing lawyers and the law-practicing organization admitting them for probation for the quality of jobs they perform.

5. To comply with the regulations of the law-practicing organization admitting them for probation.

6. To report on law-practicing probation results under Article 12 of this Regulation.

7. To refrain from signing legal counseling documents and other documents when assisting their instructing lawyers in conducting extra-procedural representation and providing other legal services.

8. To perform other obligations as agreed upon with the law-practicing organization admitting them for probation or as specified by law.

Article 12. Reports on law-practicing probation results

1. Upon the expiration of the probation duration specified in Clause 1. Article 6 of this Regulation, probationers shall report in writing on law-practicing probation results to the bar association with which they have registered for probation.

A report on law-practicing probation results must contain the following principal details:

a/ The exercise of the rights and performance of the obligations of the probationer;

b/ Number, contents, lime and places of cases the probationer has been assigned by his/her instructing lawyer to handle and lessons learned:

c/ Problems and difficulties arising in the course of probation, proposals and recommendations.

2. A report on law-practicing probation results must have assessments and the signature of the instructing lawyer under Clause 3, Article 14 of this Regulation and certification of the law-practicing organization in which the probationer works.

Article 13. Conditions on instructing lawyers

1. An instructing lawyer must fully satisfy the following conditions:

a/ Currently practicing law in a law-practicing organization;

b/ Having practiced law for 3 years or more;

c/ Being fully capable, professionally qualified, prestigious and responsible for ai ea(s) of instruction;

d/ Not being subject to any discipline prescribed in the bar association's charter.

Lawyers who have been sanctioned for administrative violations in law practicing activities under the Governments Decree No. 60/2009/ND-CP of July 23.2009, on sanctioning of administrative violations in the judicial domain, may only instruct law-practicing probationers one year after they completely execute sanctioning decisions.

2. At a lime, a lawyer may instruct not more than 3 probationers.

Article 14. Responsibilities of instructing lawyers

1. To instruct probationers on professional knowledge, practicing skills, observance of the professional code of conduct of lawyers, and rights and obligations of probationers.

2. To supervise probationers throughout the course of probation.

3. To give assessments in reports of probationers, clearly indicating probationers' strengths and limitations in their professional capacity and qualifications, practicing skills, sense of discipline and observance of the professional code of conduct of lawyers.

4. To take full responsibility for cases handled by probationers according to their assignment and instructions.

Article 15. Refusal to instruct probationers

1. An instructing lawyer may refuse to instruct a probationer in any of the following cases:

a/ The probationer violates the Law on Lawyers, the professional code of conduct of lawyers and this Regulation;

b/ The probationer fails to obey his/her assignments and instructions.

2. When refusing to instruct probationers, instructing lawyers shall notify the refusal to law-practicing organizations.

Article 16. Change of instructing lawyers

A probationer may request change of his/her instructing lawyer if the latter falls into any of the following cases:

1. He/she no longer satisfies any of the conditions for instructing law-practicing probationers specified in Article 13 of this Regulation.

2. He/she fails to fulfill his/her responsibilities specified in Article 14 of this Regulation.

3. He/she cannot continue instructing the probationer due to poor health or for other objective reasons.

Should a probationer request change of his/ her instructing lawyer, the law-practicing organization shall assign another lawyer who fully satisfies the conditions specified in Article 13 of this Regulation to further instruct this probationer and notify such in writing to the bar association.

In case the law-practicing organization has no other lawyer who fully satisfies the conditions specified in Article 13 of this Regulation, it shall notify such to the management board of the bar association, which shall designate another law-practicing organization to assign another instructing lawyer.

Article 17. Rights and obligations of law-practicing organizations

1. To assign lawyers who fully satisfy the conditions specified in Article 13 of this Regulation to instruct probationers and take responsibility for the assignment.

2. To assign other lawyers in their organizations who fully satisfy the conditions specified in Article 13 of this Regulation to instruct probationers in case incumbent instructing lawyers refuse to instruct probationers under Article Li of this Regulation or probationers request change of instructing lawyers under Article 16 of this Regulation.

3. To create conditions for instructing lawyers and probationers to work in their organizations.

4. To keep books for monitoring the probation of probationers in their organizations. A monitoring book contains the following principal details:

a/ Full name, date of birth and place of residence of the probationer;

b/ Probation duration:

c/ Contents of jobs (cases) assigned to the probationer in the course of probation;

d/ Progress and quality of performance of each job (case).

5. To supervise the performance of the responsibilities of instructing lawyers and the exercise of the rights and performance of the obligations of probationers provided in this Regulation.

6. To refuse to admit probationers in case they have no lawyers qualified for instructing probationers under Article 13 of this Regulation.

7. To report annually in writing to provincial-level Justice Departments and bar associations in localities in which they are based on the probation of probationers in their organizations. A report contains the following principal details:

a/ Number of probationers in the law-practicing organization;

b/ Assessment of probation quality;

c/ Exercise of the rights and performance of the obligations of the law-practicing organization, instructing lawyer and probationer provided in this Regulation;

d/ Difficulties and problems related to the admission of probationers, and proposals and recommendations.

8. To terminate the probation instruction in case probationers violate the Law on Lawyers, the professional code of conduct of lawyers and this Regulation.

9. To exercise other rights and perform other obligations as agreed upon with probationers or provided by law.

Article 18. Responsibilities of socio-professional organizations of lawyers

1. Bar associations have the following responsibilities:

a/ To receive dossiers and register probation for probationers under Article 5 of this Regulation:

b/ To designate law-practicing organizations to admit probationers in cases specified in Clause 2. Article 4 and Clause 3 Article 16 of this Regulation;

c/ To supervise law-practicing organizations, instructing lawyers and probationers in the course of probation;

d/ To prolong the probation duration for probationers under Article 9 of this Regulation;

e/ To ask for permission for probationers to sit examinations of law-practicing probation results specified in Article 22 of this Regulation;

f/ To discipline probationers and instructing lawyers who violate this Regulation;

g/ To conciliate disputes between probationers and law-practicing organizations and instructing lawyers in the course of probation;

h/ To settle complaints and denunciations about probation under this Regulation, the charter of the Vietnam Bar Federation and charters of bar associations;

i/ Other responsibilities provided by law.

2. The Vietnam Bar Federation has the following responsibilities:

a/ To supervise bar associations in implementing this Regulation;

b/ To review the situation of law-practicing probation throughout the country and to assess probation quality;

c/ To propose and apply measures to raise the quality of law-practicing probation: to assist bar associations in provinces with socio-economic difficulties in increasing the number of probationers and raising probation quality;

d/ To propose to competent state agencies measures to develop law practice:

e/ To conciliate disputes among bar associations in the course of probation supervision;

f/ To settle complaints and denunciations about probation under this Regulation and the charter of the Vietnam Bar Federation;

g/ Other responsibilities provided by [aw.

Chapter III

EXAMINATION OF LAW-PRACTICING PROBATION' RESULTS

Article 19. Participants in an examination of law-practicing probation results

Participants in an examination of law-practicing probation results are probationers who have completed their probation under the Law on Lawyers and requested by management boards of bar associations to be permitted to sit the examination.

Article 20. Principles of examination of law-practicing probation results

1. Compliance with the law on lawyers and law practice and relevant laws,

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

Article 21. Contents and forms of examination of law-practicing probation results

1. An examination covers:

a/ Procedure-participating skills;

b/ Law-counseling skills;

c/ Skills of extra-procedural representation and provision of other legal services;

d/ Knowledge about the law on lawyers and law practice and the professional code of conduct of lawyers.

2. Forms of examination include written examination and test of practice skills

a/ Written examination includes two question papers

The first question paper is about skills of procedure participation, legal counseling, extra-procedural representation and provision of other legal services. The duration of doing this paper is 180 minutes.

The second question paper is about the law on lawyers and law practice, and the professional code of conduct of lawyers. The duration of doing this paper is 90 minutes.

b/ A test of practice skills has two parts:

Part one: The examinee presents and defends his/her point of view about a case selected by himself/herself:

Part two: The examinee deals with a scenario put forward by a member of the practice skill test marking board.

Article 22. Organization of examination of law-practicing probation results

1. Examinations of law-practicing probation results shall be organized for different regions at least once every 6 months.

2. Not later than the 15th of the last month of a quarter, management boards of bar associations shall send to the Ministry of Justice written requests enclosed with lists and dossiers for examination attendance of probationers who will complete their probation in the subsequent quarter.

An examination attendance dossier comprises:

a/ A decision of the bar association on registration of law-practicing probation;

b/ A copy of the law bachelor degree:

c/ A report tin law-practicing probation results of the probationer under Article 12 of this Regulation.

For probationers entitled to a reduction of the probation duration under Clauses 2 and 3. Article 16 of the Law on Lawyers, their dossiers must be also enclosed with copies of papers evidencing such reduction.

3. Based on the number of probationers proposed by bar associations, the Minister of Justice shall decide on the setting up of regional councils for examination of law-practicing probation results.

Article 23. Setting up of councils for examination of law-practicing probation results

1. Councils for examination of law-practicing probation results (below referred to as examination councils) shall be set up under decisions of the Minister of Justice.

2. Examination councils shall be set up for regions and responsible for organizing examinations of law-practicing probation results in such regions and dissolve themselves upon completion of their tasks.

Examination councils shall work on the principles of democratic centralism and collective discussion.

3. Examination councils may use the seal of the Ministry of Justice in performing their tasks under this Regulation.

Article 24. Organizational structure of examination councils

1. An examination council is composed of:

a/ A representative of the leadership of the Ministry of Justice, as chairman of the council;

b/ A representative of the Vietnam Bar Federation and some experienced and prestigious lawyers, as members of the council.

An examination council is composed of 5 to 7 members decided by the Minister of Justice.

2. An examination council is assisted by a secretariat, an invigilation board, a script marking board and a practice skill test marking board.

A secretariat, an invigilation board, a paper marking board or a practice skill test marking board consists of a head and other members decided by the council chairman.

The council chairman shall define the tasks and powers of the secretariat, invigilation board, script marking board and practice skill lest marking board.

Article 25. Tasks and powers of examination councils

1. To decide on and notify the list of examinees, time and venues of examination to bar associations having probationers sitting an examination at least 15 days before the examination is organized.

2. To promulgate examination hall regulations.

3. To organize the examination of law- practicing probation results under this Regulation.

4. To publicly announce examination results and notify examination marks to provincial-level Justice Departments and bar associations having probationers sitting in the examination.

5. To organize the remarking of examination scripts.

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

7. To Settle complaints and denunciations about the examination.

Article 26. Tasks and powers of members of examination councils

1. The chairman of an examination council has the following tasks and powers:

a/ To organize the exercise of the rights and performance of the obligations of the examination council provided in Article 25 of this Regulation;

b/ To assign responsibilities to each examination council member:

c/ To define the tasks and powers of the secretariat, invigilation board, script marking board and practice skill test marking board:

d/ To organize the making and selection of written examination questions under Clause 1. Article 21 of this Regulation, and to keep confidential these questions before the examination commences;

e/ To manage examination scripts in a safe place, and to organize the encoding, cutting off, recording and matching of detachable heads and marking of examination scripts and summing up of marks;

f/ To handle violations of this Regulation;

g/ To report to the Minister of Justice on examination results and financial matters, and to be answerable to the Minister of Justice for the organization of the examination and examination results;

h/ To request the Minister of Justice to grant certificates to examinees who pass the examination.

2. Members of an examination council shall perform jobs assigned by the council chairman and be answerable to the chairman for these jobs.

Article 27. Procedures for making and keeping confidential written examination questions

The procedures for making and keeping confidential written examination questions comply with the Regulation on enrollment of university and college students of the formal system, promulgated together with the Ministry of Education and Training's Circular No. 03/ 2010/TT-BGDDT of February 11. 2010.

Article 28. Marking of examination scripts

1. Each examination script shall be marked by 2 members of the script marking board or the practice skill test marking board independently from each other. Examination scripts shall be marked on the ten-point scale.

The final mark of each examination script is the average of marks given by the two marking council members to such script. In case the difference between marks given by the two members is 2 or more, these members shall exchange opinions to reach unanimity and give the final mark. If no unanimity is reached, these different marks shall be transferred to the head of the script marking board or the practice skill test marking board for decision.

Procedures for marking scripts comply with the Regulation on enrollment of university and college students of the forma! system, promulgated together with the Ministry of Education and Training's Circular No. 03/2010/ TT-BGDDT of February 11. 2010.

2. Examinees must obtain mark 5 or higher for each examination script or test to pass the examination of law-practicing probation results.

3. Within 15 days after the completion of the examination marking, the chairman of the examination council shall notify examination results to provincial-level Justice Departments and bar associations having probationers sitting in the examination.

4. Examination scripts and marking results shall be kept at the Ministry of Justice for 5 years after the examination is organized.

Article 29. Remarking of examination scripts

1. Within 15 days after receiving examination results, examinees who disagree with marks of their examination scripts may file written requests for remarking with the chairman of the examination council.

2. Within 15 days after the expiration of the time limit for receiving written requests for remarking, the chairman of the examination council shall decide to set up a remarking board composed of at least 2 members. Members of the script marking board may not act as members of the remarking board.

3. Remarking methods must comply with Article 28 of this Regulation. Remarking shall be conducted by the remarking board and approved by the chairman of the examination council. The examination council shall notify remarking results to examinees having filed written requests for remarking.

Article 30. Supervisory board

1. The Minister of Justice shall decide to set up a supervisory board to supervise the organization of the examination of law-practicing probation results at the request of the director of the Legal Aid Department. The supervisory board is composed of a head and one or two members.

2. Tasks and powers of the supervisory board:

a/ To supervise the organization of the examination of law-practicing probation results;

b/ To detect and propose the handling of violations of regulations on the examination of law-practicing probation results;

c/ To request (he examination council to take measures to ensure that the examination is conducted in a safe and serious manner and compliant with this Regulation.

3. Supervision contents:

a/ The observance of regulations on the examination: the performance of tasks and the exercise of powers of members of the examination, the secretariat, the invigilation board, the examination script marking board, the practice skill test marking board and the remarking board:

b/ The assurance of safety and confidentiality of the procedures for making, copying, printing, preserving and transporting examination questions;

c/ The observance of regulations by the examination council and the settlement of complaints and denunciations about the examination.

4. The supervisory board is answerable to the Minister of Justice for its supervising activities and report on supervision results to the latter at the end of each examination of I aw-practicing probation results.

Article 31. Responsibilities of examinees

1. Examinees shall:

a/ Show up on time and produce their identity cards before entering the examination hall;

b/ Take right seats according to their roll numbers and remain quiet in the examination hall:

c/ Use only examination papers provided to them and till in all items of these papers and use only one ink; do not use red ink, pencils, correction pens and symbols in examination papers;

d/ Pay an examination fee under law; e/ Observe examination hall regulations.

2. Examinees may bring into the examination hall pens, rulers and legal documents.

3- Examinees may not:

a/ Bring into the examination hall cell phones, laptops, computers with memory cards and document-processing utility or other receivers or transmitters, communicators, audio or video recorders or information media which can be used for answering examination questions; toxic-chemicals, flammables, explosives, beer, liquors and other documents and articles other than those specified in Clause 2 of this Article;

b/ Smoke in the examination hall;

c/ Take seats not according to their roll numbers;

d/ Exchange opinions in the examination hall;

e/ Copy others' examination scripts or exchange rough work papers or examination scripts.

Article 32. Handling of violations of examinees

1. Examinees who violate this Regulation shall, depending on the nature and severity of their violations, subject to any of the following handling forms:

a/ Reprimand;

b/ Caution;

c/ Cessation of examination.

2. Reprimand shall be imposed on examinees who commit any of the violations specified at Points a. b. c and d. Clause 3. Article 31 of this Regulation.

The imposition of reprimand shall be recorded in writing by invigilators in charge and announced right in the examination hall. Examinees reprimanded for a violation while-taking a certain examination will have the mark of his/her examination paper reduced by one quarter.

3. Caution shall be imposed on examinees who commit any of the violations specified at Point e, Clause 3, Article 31 of this Regulation and those who relapse into violations for which they have been reprimanded.

The imposition of caution shall be recorded in writing by invigilators in charge and announced right in the examination hall. Examinees cautioned for a violation while taking a certain examination will have the mark of his/ her examination paper reduced by half.

4. Cessation of examination shall only be imposed on examinees who commit any of the following violations:

a/ Showing up more than 15 minutes after examination questions are announced;

b/ Relapsing into a violation for which they have been reprimanded;

c/ Being caught red-handed using documents prohibited in the examination hall;

d/ Taking acts disturbing order or causing insecurity in the examination hall;

e/ Taking other acts seriously violating this Regulation.

The imposition of cessation of examination shall be recorded in writing by invigilation in charge who shall also confiscate prohibited documents, report such to the chairman of the examination council, and announce this handling measure right in the examination hall. Examinees subjected to the measure of cessation of examination for a violation while taking a certain examination may not continue taking the next examinations and will have results of previous examinations cancelled.

5. The chairman of the examination council may decide on imposition of caution or cessation of examination on examinees who commit any of the violations specified in Clauses 3 and 4 of this Article.

Article 33. Handling of violations committed by members of the examination council, the secretariat, the invigilation board, the script marking board, the practice skill test marking board, the remarking board and the supervisory board

Members of the examination council, the secretariat, the invigilation board, the script marking board, the practice skill test marking board, the remarking board and the supervisory board who violate this Regulation shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability under law.

Article 34. Complaints and denunciations about the examination of I aw-practicing probation results

1. Within 15 days after receiving a decision of the examination council, the concerned individual or organization may lodge a complaint about such decision if having grounds to believe that it infringes upon his/her/its lawful rights and interests.

The chairman of the examination council shall settle a complaint within 10 working days after receiving it.

In case individuals or organizations disagree with decisions on complaint settlement of the chairman of the examination council, they may lodge complaints with the Minister of Justice. The time limit for settling a complaint by the Minister of Justice is 30 days after receiving such complaint.

2. Individuals and organizations may denounce to the examination council violations of this Regulation committed in an examination of law-practicing probation results. The settlement of denunciations must comply with the law on denunciations.

Chapter IV

DISCIPLINING AND HANDLING OF COMPLAINTS AND DENUNCIATIONS

Article 35. Disciplining of probationers and instructing lawyers

1. Probationers who violate this Regulation shall, depending on the nature and severity of their violations, be subject to any of the following disciplining forms:

a/ Reprimand:

b/ Caution:

c/ Suspension of law-practicing probation for between 6 and 12 months;

d/ Deletion of names from lists of probationers of bar associations.

Management boards of bar associations with which probationers have registered themselves for probation may consider and decide to discipline probationers who violate this Regulation.

The Vietnam Bar Federation shall specify the order and procedures for disciplining probationers.

2. Instructing lawyers who violate this Regulation shall, depending on the nature and severity of their violations, be disciplined in any of the forms specified in Article 85 of the Law on Lawyers.

Article 36. Complaints about decisions or acts of management boards of bar associations

Probationers, instructing lawyers and other individuals and organizations may lodge complaints about decisions or acts of management boards of bar associations when having grounds to believe that these decisions or acts infringe upon their lawful rights and interests.

The Standing Board of the Vietnam Bar Federation may settle complaints about decisions or acts of management boards of bar associations. The time limit for settling a complaint by the Standing Board of the Vietnam Bar Federation is 30 days after receiving such complaint.

Article 37. Denunciations

Individuals and organizations may lodge their denunciations with competent state agencies about violations of this Regulation. The settlement of these denunciations must comply with the law on denunciations.-

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Thuộc tính Văn bản pháp luật 21/2010/TT-BTP

Loại văn bảnThông tư
Số hiệu21/2010/TT-BTP
Cơ quan ban hành
Người ký
Ngày ban hành01/12/2010
Ngày hiệu lực01/07/2011
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Lược đồ Circular No. 21/2010/TT-BTP promulgating the regulation on law-practicing


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            Circular No. 21/2010/TT-BTP promulgating the regulation on law-practicing
            Loại văn bảnThông tư
            Số hiệu21/2010/TT-BTP
            Cơ quan ban hànhBộ Tư pháp
            Người kýNguyễn Đức Chính
            Ngày ban hành01/12/2010
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            Lĩnh vựcDịch vụ pháp lý
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            Cập nhật11 năm trước

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                  Lịch sử hiệu lực Circular No. 21/2010/TT-BTP promulgating the regulation on law-practicing

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