Circular 10/2014/tt-Btp: Regulation The Obligation To Join The Fostering Of Professional Expertise Of Lawyers

Original Language Title: Thông tư 10/2014/TT-BTP: Quy định nghĩa vụ tham gia bồi dưỡng về chuyên môn, nghiệp vụ của luật sư

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The CIRCULAR stipulated the obligation to join the fostering of professional expertise of lawyers _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 65/lawyer 2006/QH11 on June 29, 2006, amended and supplemented by the law on amendments and supplements to some articles of the law No. 20/lawyer on 20 November QH13 2012/2012;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 123/2013/NĐ-CP on 10/14/2013 of Government detailing some things law enforcement measures and lawyers;
At the suggestion of the Director in support of Justice;
The Minister of Justice issued circulars stipulated the obligation to join the fostering of professional expertise of lawyers.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular the provisions on the subject, time, content, forms of expertise, training of lawyers; handling attorneys violated the obligation to join the fostering of professional expertise (hereinafter referred to as the obligation to participate in fostering); fees to join the class of professional service of lawyers; liability of lawyers, practicing lawyers organization, social-professional organization of lawyers, the State administration of practicing lawyers and lawyers for the service in fostering participation; handling of violations, complaints, accusations.
2. This circular apply to Vietnam lawyers, practicing lawyers organization, social-professional organization of lawyers, the legal profession training base, the State administration of practicing lawyers and attorneys.
Article 2. The principle of implementing fostering fostering implementation must ensure the following principles: 1. Updated, additional legal knowledge, skills for practicing lawyers.
2. Ensure correct, enough time, content, programs and quality of professional services of a lawyer.
3. liability, guarantee the effectiveness of the service in fostering participation.
Article 3. The lawyer's responsibility 1. Join the full time professional training, career service.
2. Select the content, fostering programs consistent with its practice field.
3. Tuition join the class of professional service of Attorney (hereinafter referred to as the public) as defined in article 13 of this circular, except where exempted under the regulations of the Vietnam lawyers Federation.
4. Send a corps of lawyers where lawyers are members of one of the documents stipulated in article 14 of this circular to demonstrate the implementation of the obligation involved fostering before December 15 of each year.
5. Other responsibilities under the provisions of the law on lawyers, Decree No. 123/2013/ND-CP dated 14/10/2013 of Government detailing some things law enforcement measures and Attorney (hereinafter referred to as the Decree No. 123/2013/ND-CP) and this circular.
Article 4. Responsibilities of practicing lawyers organization 1. Facilitate the Organization's lawyer completed his obligation to participate in training.
2. check the service in fostering participation for lawyers of his organization.
3. Send the Justice Department, Union lawyer where the list-based lawyers have participated in public by practicing lawyers made before December 15 of each year.
4. other duties as prescribed by the law on lawyers, Decree No. 123/2013/ND-CP and this circular.
Article 5. The responsibility of social organization-the profession of Attorney 1. Union lawyer has the following responsibilities: a) the list of lawyers service annual fostering participation of his Group, sent the Federation a bronze Vietnam lawyers sent Justice Department Headquarters and posted on the website of the Union lawyer or notice at the Head Office of the Association;
b) check the service in fostering participation of lawyers are members of the Group;
c) disciplined lawyer violated duty to join fostered under the provisions of the law on lawyers, this circular and the Charter of the League of Vietnam lawyers;
d) complaints, accusations of fostering professional service of lawyers under the provisions of the law on lawyers, this circular and the Charter of the League of Vietnam lawyers;
DD) other responsibilities under the provisions of the law on lawyers, Decree No. 123/2013/ND-CP and this circular.
2. Vietnam lawyers Federation has the following responsibilities: a) to build the content, programs, materials, and annual plans approved after the opinion of the Ministry of Justice;
b) frame extent regulated tuition fees of lawyers participate in enrichment classes, free objects, reducing the tuition classes fostered after the opinion of the Ministry of Justice;
c) responsible for the quality, the efficiency of the public due to the institutions stipulated in article 11 of this circular;
d) Established a list of lawyers on national service annual fostering participation and posting on electronic information page of the Vietnam lawyers Federation;
DD) instructions, tracking, monitoring, summarizing, evaluating the implementation of the obligation involved fostering on a national scope;
e) complaints, accusations of fostering professional service of lawyers under the provisions of the law on lawyers, this circular and the Charter of the League of Vietnam lawyers;
g) before December 31 annually or as required, the Department of Justice report on the implementation of the obligation of fostering participation of lawyers within the country;
h) other responsibilities under the provisions of the law on lawyers, Decree No. 123/2013/ND-CP and this circular.
Article 6. The responsibility of the Department of justice the Department of Justice make check, inspect and handle breach of the professional training of lawyers under the provisions of the law on lawyers, Decree No. 123/2013/ND-CP, this circular and the other provisions of the relevant laws.
Article 7. The responsibility of the Ministry of Justice 1. The Ministry of Justice conducted state management of fostering professional service of lawyers has the following responsibilities: a) check, inspect, handle complaints and violations, accusations about the fostering of professional expertise, Attorney at law, lawyer law, Decree No. 123/2013/ND-CP This circular, and the other provisions of the relevant legislation;
b) suspension of the enforcement of the revised requirements, and additional rules, guidelines of Vietnam lawyers Federation about fostering professional service of a lawyer contrary to the provisions of the law on lawyers, Decree No. 123/2013/ND-CP and this circular;
c) complaints, accusations against the regulations, instructions and decisions of the Vietnam lawyers Federation related to fostering professional services of a lawyer.
2. Auxiliary Justice Bureau help the Minister of Justice made the governance of professional training of lawyers under the provisions of paragraph 1 of this article has the following duties and powers: a) for comments with regard to the content, programs, materials, planning annual Vietnam lawyers association building;
b) for comments with regard to the provisions of Union lawyers Vietnam about framing the level tuition fees, free objects, reducing the tuition classes fostered;
c) test, the Inspector issuing the regulations, guidance on professional training of lawyers and the Organization fostered professional service of lawyers in order to ensure conformity with the provisions of the law;
d) recommending to the Minister of Justice suspended, asked to modify and supplement these regulations, instructions on upgrading the expertise of professional lawyers, contrary to the provisions of the law;
DD) complaints, accusations against the regulations, instructions and decisions of the Vietnam lawyers Federation related to professional training, the lawyer's profession;
e) other responsibilities under the provisions of the law on lawyers, Decree No. 123/2013/ND-CP and this circular.
Chapter II the FOSTERING of PROFESSIONAL expertise of the LAWYER article 8. The time involved fostering time join the fostering of professional expertise of lawyers a minimum 2 working days/year (16 working hours/year).
Article 9. Postponed the service in fostering participation 1. Lawyers are postponed the service in fostering participation within a year of the case by asking lengthy treatment at the facility or hospital is participating in the training program abroad, or the other plausible reason and held practice lawyers where lawyers practice or Association where the members are lawyers for lawyers practice with personal endorsements. Lawyers have a responsibility to complete enough time fostering of that year into next year.
2. the Chairman of the Board of the Association has the authority to decide to postpone national service participants, sending Vietnam lawyers Federation list of lawyers postponed and postponed the time service in fostering participation.
Article 10. Form of service in fostering participation 1. Lawyers involved fostering class due to the institutions stipulated in article 11 of this circular made. After completing the class, the lawyer was holding the class certification refresher classes fostered by the form attached to this circular (form TP-LS-01).
2. Lawyers are exempt from taking the class once upgrading in one of the following cases: a) join classes fostered by the institutions stipulated in article 11 of this circular;
b) join the teaching of law, practicing lawyers skills, ethics and professional conduct of lawyers in the training facility, the professional training of lawyers;
c) join the professional training, professional solicitors and foreign lawyers in practice.
3. The time participated in one of the forms specified in clause 2 of this at least by the time involved fostering provisions in article 8 of this circular.
Article 11. The Organization conducted refresher class 1. The implementation of training boards include: a) the Vietnam lawyers Federation;
b) Union lawyer;
c) vocational training of lawyers;
d) Organization of practicing lawyers.
2. Union of lawyers, the legal profession training, organization of practicing lawyers made public comments after the unification of Vietnam lawyers Federation about the content, programs, materials and training plan; before December 15, annually or as required, the Vietnam lawyers Federation report on the implementation of training classes.

3. Each year, on the basis of uniform opinion with Vietnam Lawyers Union, Union lawyer decided to list the institutions capable of practicing lawyers, conditions made public and published the list on the information page of the Union lawyer or notice at the Head Office of the Association.
Article 12. The content and materials of the enrichment class 1. The content of the training class includes: a) updated, additional knowledge of the law;
b) skill intensive practicing lawyers according to each sector;
c) Organization governance skills practicing lawyers;
d) code of ethics and professional conduct of lawyers.
2. documents of the public due to the institutions stipulated in article 11 of this circular must be done by the lawyer or legal expert has reputable, experienced editor. This document must be updated regularly, adding the new provisions of the law, the content of the specialized skill of practicing lawyers.
3. At the latest 15 days before the date of class organization, the Organization made public the provisions in points b, c and d of paragraph 1 of article 11 of this circular to submit content, program, document, plan to hold classes fostered by themselves made to Vietnam lawyers Federation review , for comments.
4. Slowly for 7 working days before the date of class organization, the Federation of Vietnam lawyers to submit content, program, document, plan to hold classes fostered by themselves made to the Ministry of Justice consider, for comments.
Article 13. Tuition classes fostered public participation fees on the professional service of a lawyer in order to offset the costs of organizing public institutions make fostering. Vietnam lawyers Federation framework defined the extent tuition fees, free objects, reducing the tuition classes fostered and sent the Justice Department review, commenting at the latest 15 days before the date of enactment.
Article 14. Proof of the service involved fostering lawyers filed a copy of the following documents to prove the service in fostering participation: 1. Certificate due to the implementation of training classes.
2. Certifications taught due to the implementation of training classes.
3. participating certification training facility by teaching law, training establishments, the professional training of lawyers.
4. Certificates, certificates or other documents proving the involvement of professional refresher courses, professional solicitors and foreign lawyers in practice.
Chapter III, VIOLATION PROCESSING COMPLAINTS, accusations the thing 15. Disciplined for violation of the obligation of attorneys involved fostering 1. Lawyers have violations of the obligation to join the training depending on the nature and extent of the violation must bear one of the following discipline form: a) reprimand;
b) warning;
c) suspension from Union membership of lawyers from six months to twelve months.
Along with the formal observance of discipline, the lawyer has a responsibility to fulfill the obligation of fostering participation in it the next year.
2. Vietnam lawyers Federation specifies about violations of the obligation to participate in training and disciplinary forms respectively.
3. the Chairman of the Board of review, the Association decided to discipline lawyers according to the recommendations of the Board reward, discipline of lawyers.
Article 16. The complainant decided to discipline the lawyer violated duty to participate in fostering the lawyer has the right to appeal the discipline regarding the violation of the obligation to participate in training.
Authority, order, procedure for resolving complaints made under the provisions of article 86 of law attorney.
Article 17. Handling breaches the Organization made public implemented organization fostering class has one of the following violations, then depending on the nature and extent of the violation which dealt with the administration under the provisions of the law on handling administrative violations; If the damage is compensated according to the provisions of the law: 1. Cheating in the class certification of training.
2. Collecting tuition classes fostered beyond the level of tuition fees under the regulations of the Vietnam lawyers Federation.
3. other violations of the provisions of the law on lawyers, Decree No. 123/2013/ND-CP and this circular.
Article 18. Accused individuals had the right to report to the competent State authorities about the violations of the provisions of this circular. The settlement report comply with the provisions of the law about the accusations.
Chapter IV the TERMS OF IMPLEMENTATION of article 19. Effective enforcement of this circular effect since May 21, 2014.
Article 20. Responsibility Office, Chief Justice, auxiliary President lawyers Vietnam, heads of agencies, the organization concerned is responsible for the implementation of this circular.