Circular No. 02/2019/TT-BTP dated March 15, 2019 of the Ministry of Justice on prescribing lawyers’ obligation to participate in compulsory professional retraining

CIRCULAR

Prescribing lawyers’ obligation to participate in compulsory professional retraining^[1]

Pursuant to June 29, 2006 Law No. 65/2006/QH11 on Lawyers, which was amended and supplemented under November 20, 2012 Law No. 20/2012/QH13 Amending and Supplementing a Number of Articles of the Law on Lawyers;

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 123/2013/ND-CP of October 14, 2013, detailing a number of articles of and measures to implement the Law on Lawyers, which was amended and supplemented under Decree No. 137/2018/ND-CP of October 8, 2018;

At the proposal of the Director of the Agency of Judicial Support;

The Minister of Justice promulgates the Circular prescribing lawyers’ obligation to participate in compulsory professional retraining.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Circular prescribes trainees, time, forms and contents of
professional retraining for lawyers (below referred to as retraining); responsibilities of lawyers, law-practicing organizations, lawyers’ socio-professional organizations, lawyer-training institutions, and state management agencies in charge of lawyers and law practice to fulfill the obligation to participate in retraining; and handling of violations and settlement of complaints and denunciations.

2. This Circular applies to Vietnamese lawyers, Vietnamese law-practicing organizations, lawyers’ socio-professional organizations, lawyer-training institutions, state management agencies in charge of lawyers and law practice, and related agencies, organizations and individuals.

Article 2.Principles of providing retraining

1. Ensuring retraining period, contents, programs and quality as prescribed.

2. Ensuring the responsibility for and effectiveness of the fulfillment of the obligation to participate in retraining.

Chapter II

PROVIDING RETRAINING

Article 3.Contents and forms of retraining

1. Depending on requirements of annual compulsory retraining, retraining contents may include one or more of the following:

a/ Professional ethics and conduct of lawyers;

b/ Updated legal knowledge;

c/ Skills in law practice and skills supporting law-practice activities;

d/ Administration skills of law-practicing organizations.

2. Retraining shall be provided in the form of professional refresher courses for lawyers or exchange of law-practice experience.

Article 4.Organizations providing retraining

1. The Vietnam Bar Federation (Vietnam Bar Federation Training Center and Vietnam Business Lawyers Club).

2. Bar associations.

3. Lawyer-training institutions.

The retraining must comply with the contents prescribed in Article 3 of this Circular.

Article 5.Period of retraining and conversion of period of retraining

1. The period of retraining must be at least 8 hours per year.

2. A lawyer may have his/her period of retraining in a year converted in one of the following cases:

a/ Having a legal studies article published in a domestic or foreign law journal; having a book or textbook on professional ethics and conduct of lawyers or law-practice skills published;

b/ Teaching law, law-practice skills, or professional ethics and conduct of lawyers at bachelor-of-law training institutions or lawyer-training institutions; or participating in refresher courses as trainers or participating in exchange of law-practice experience under this Circular;

c/ Having completed a training program for holders of judicial titles;

d/ Having completed an overseas professional refresher course on lawyers and law practice;

dd/ Participating in a training course or seminar for 1 day or more on the contents prescribed in Article 3 of this Circular, which is organized by a provincial-level Department of Justice or the Agency of Judicial Support.

3. For a lawyer eligible for conversion of the period of retraining specified in Clause 2 of this Article, each time of his/her completion of a training course shall be calculated as 8 hours of fulfilling the obligation to participate in retraining.

Article 6.Exemption from retraining

1. The following persons are entitled to exemption from retraining in a year:

a/ A lawyer acting as a National Assembly deputy or a provincial-level People’s Council deputy;

b/ A female lawyer who has a child aged under 12 months;

c/ A lawyer suffering a disease and filing a written request for exemption from retraining which is certified by a bar association’s management board;

d/ A lawyer aged 70 years or older and having over 20 years’ experience in law practice;

dd/ A lawyer receiving a medical treatment of 3 months or more for a disease on the Ministry of Health-issued list of diseases requiring long-term medical treatment as certified in writing by a competent medical agency.

2. A lawyer falling into one of the cases prescribed in Clause 1 of this Article shall provide documents proving his/her eligibility for exemption from retraining to the bar association of which he/she is a member.

Within 7 working days after receiving the lawyer’s documents proving his/her eligibility exemption from retraining, the bar association’s management board shall consider and decide on the exemption from retraining for the lawyer.

Article 7.Documents certifying a lawyer’s fulfillment of the obligation to participate in retraining

1. A certificate of a lawyer’s participation in retraining, made according to Form BDLS-04, issued by an organization prescribed in Article 4 of this Circular.

2. Published journals, books and textbooks as prescribed at Point a, Clause 2, Article 5 of this Circular.

3. Written certifications of a lawyer’s participation in one of the activities specified at Points b, c, d and dd, Clause 2, Article 5 of this Circular.

Article 8.Expenses for retraining

Agencies and organizations providing retraining shall collect expenses for retraining from retraining participants on the principles of offsetting expenses by revenues, and ensuring publicity, transparency and compliance with the financial regulations.

Chapter III

RIGHTS AND RESPONSIBILITIES RELATED TO RETRAINING AND FORMS OF DOCUMENTS

Article 9.Rights and responsibilities of a lawyer

1. To participate in the whole retraining period prescribed in Article 5 of this Circular.

2. To choose an organization providing retraining and contents of retraining suitable to his/her practice domains and requirements for retraining.

3. To send one of the documents prescribed in Article 7 of this Circular to the bar association of which he/she is a member before December 15 every year.

Article 10.Responsibilities of a law-practicing organization

1. To help its lawyers fulfill the obligation to participate in retraining.

2. To ensure that its lawyers properly fulfill the obligation to participate in retraining under this Circular.

Article 11.Responsibilities of lawyers’ socio-professional organizations

1. Responsibilities of the Vietnam Bar Federation:

a/ To guide, monitor, review and assess the retraining provided by it and bar associations; to take responsibility for its lawyers’ participation in retraining under this Circular;

b/ To summarize and send to the Ministry of Justice a report on results of retraining together with a list of lawyers retrained in a year nationwide and retraining plans for the following year of the Vietnam Bar Federation and bar associations before December 31 every year;

c/ To publish on its website annual retraining plans of the Vietnam Bar Federation and bar associations before January 15, and the retraining and retraining programs of the Vietnam Bar Association and bar associations at the request of bar associations at least 5 working days before the date of providing retraining. In case of modifying a retraining plan, it shall report such modification to the Ministry of Justice and publish on its website the modified contents at least 30 days before the date of providing retraining;

d/ To guide bar associations to organize and provide retraining according to the published retraining plans, ensuring that sufficient retraining courses are organized for lawyers; to issue certificates of participation in retraining according to the form issued together with this Circular; to take responsibility for the quality and efficiency of retraining they have provided; to collect, manage and use expenses for retraining in accordance with this Circular and the financial regulations;

dd/ To settle lawyers’ complaints and denunciations about retraining in accordance with law.

2. Responsibilities of a bar association:

a/ To monitor, urge, and provide the retraining for, its member lawyers;

b/ To send before December 15 every year a report on the result of retraining and a list of lawyers retrained in a year and a retraining plan for the following year to the Vietnam Bar Federation and the provincial-level Department of Justice of the locality where its head office is located;

c/ To publish on its website or the website of the Vietnam Bar Federation its annual retraining plan before January 15, and its retraining and retraining programs at least 5 working days before the date of providing retraining. In case of modifying a retraining plan, to report such modification to the Vietnam Bar Federation and the provincial-level Department of Justice, and publish on its website or the website of the Vietnam Bar Federation the modified contents at least 30 days before the date of providing retraining;

d/ To provide the retraining according to the published training plan; to issue certificates of participation in retraining according to the form issued together with this Circular; to take responsibility for the quality and efficiency of retraining it has provided; to collect, manage and use expenses for retraining in accordance with law;

dd/ To discipline lawyers who breach the obligation to participate in retraining;

e/ To settle lawyers’ complaints and denunciations about retraining in accordance with law.

Article 12. Responsibilities of a lawyer-training institution

1. Annually, to formulate a training plan and report it to the Ministry of Justice, and provide the retraining according to such plan; to issue certificates of participation in retraining according to the form issued together with this Circular; to take responsibility for the quality and efficiency of the retraining it has provided; to collect, manage and use expenses for retraining in accordance with law;

2. To publish on its website its annual retraining plan before January 15, and its retraining and retraining programs at least 5 working days before the date of providing retraining. In case of modification of a retraining plan, to report such modification to the Ministry of Justice, and publish on its website the modified contents at least 30 days before the date of providing retraining;

3.To send before December 31 every year a report on results of retraining and a list of lawyers retrained in a year and a retraining plan for the following year to the Ministry of Justice;

Article 13. Responsibilities of a provincial-level Department of Justice

1. To monitor, supervise, review and access the retraining for lawyers in the locality.

2. To examine, inspect, and handle lawyers’ violations related to retraining in accordance with law.

3. To advise the provincial-level People’s Committee on the suspension or cancellation of retraining provided by a bar association in contravention of the retraining plan.

4. In case of organizing training courses or seminars prescribed at Point dd, Clause 2, Article 5 of this Circular:

a/ To submit to the Ministry of Justice programs and plans of training courses or seminars before the date of organizing them and publish such programs and plans on its website;

b/ To issue a certificate of lawyers’ participation in the training courses or seminars it has organized, which shall be made according to the form of certificate of participation in retraining issued together with this Circular.

Article 14.Responsibilities of the Ministry of Justice

1. The Ministry of Justice shall assist the Government in performing the state management of lawyers and law practice with the following responsibilities:

a/ To monitor, review and access the provision of retraining nationwide;

b/ To give opinions on, suspend or cancel, or refuse to recognize, the retraining provided by agencies or organizations in contravention of the retraining plans or having unlawful contents;

c/ To examine, inspect, handle violations and settle complaints and denunciations about retraining in accordance with law.

2. The Agency of Judicial Support shall:

a/ Assist the Minister of Justice in performing the state management of lawyers and law practice related to professional retraining for lawyers according to the contents prescribed in Clause 1 of this Article;

b/ In case of organizing training courses or seminars prescribed at Point dd, Clause 2, Article 5 of this Circular, publish on its website plans of training courses or seminars before the date of organizing such courses or seminars; and issue a certificate of lawyers’ participation in the training courses or seminars it has organized, made according to the form of certificate of participation in retraining issued together with this Circular.

Article 15. Forms issued together with this Circular

1. Report on results of retraining (Form BDLS-01).

2. Retraining plan (Form BDLS-02).

3. List of lawyers participating in retraining (Form BDLS-03).

4. Certificate of lawyer’s participation in retraining (Form BDLS-04).

5. Professional retraining program for lawyers (Form BDLS-05).

Chapter IV

HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 16.Disciplining of lawyers who breach the obligation to participate in retraining

1. A lawyer who breaches the obligation to participate in retraining shall, depending on the nature and severity of his/her violation, be subject to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

c/ Suspension of the membership of a bar association for between 6 months and 24 months.

Apart from being disciplined, the lawyer shall fulfill the obligation to participate in retraining for that year in the following year.

2. The Vietnam Bar Federation shall stipulate in detail acts of violating the obligation to participate in retraining and corresponding disciplinary forms.

3. A bar association’s management board shall consider and decide on the disciplining of lawyers in accordance with law and the Charter of the Vietnam Bar Federation.

Article 17.Complaints about disciplinary decisions against lawyers who breach the obligation to participate in retraining

1. A lawyer may complain about a disciplinary decision against his/her breach of the obligation to participate in training.

2. The competence, order and procedures for settling complaints must comply with Article 86 of the Law on Lawyers and relevant laws.

Article 18. Handling of violations of lawyers and organizations providing retraining

1. Lawyers who violate the provisions of this Circular shall, apart from being disciplined, be administratively handled in accordance with law, depending on the nature and severity of their violations.

2. Organizations providing retraining that violate the provisions of this Circular shall, depending on the nature and severity of their violations, be administratively handled in accordance with law.

Article 19.Denunciations

Individuals may denounce acts of violating the provisions of this Circular to competent state agencies. The settlement of denunciations must comply with the law on denunciations and relevant laws.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20.Effect

1. This Circular takes effect on May 5, 2019, and replaces the Minister of Justice’s Circular No. 10/2014/TT-BTP of April 7, 2014, prescribing lawyers’ obligation to participate in professional retraining.

2. The 2019 retraining plans shall be published before June 14, 2019, on websites of the Vietnam Bar Federation, bar associations and lawyer-training institutions and sent to the Ministry of Justice under Articles 11 and 12 of this Circular.

Article 21. Organization of implementation

1. The Director of the Agency of Judicial Support, the President of the Vietnam Bar Federation, heads of lawyer-training institutions, heads of units under the Ministry of Justice, directors of provincial-level Departments of Justice, chairpersons of bar associations, and heads of related agencies and organizations shall implement this Circular.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Justice for study and guidance.-

For the Minister of Justice
Deputy Minister
PHAN CHI HIEU

* The forms issued together with this Circular are not translated.