Can civil servants obtain law practice certificate?

Can civil servants obtain law practice certificate?
Posted date: 22/02/2021

I am a civil servant at the People's Committee of the commune. Currently, I plan to take an extra law course to extra work as a legal assistant and legal advisor. I want to know if as a civil servant, I can be granted a lawyer's card and working in this field after taking the professional law class. Thank you!

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

It is stipulated in Clause 4, Article 17 of the Law on Lawyers 2006, amended and supplemented in 2012 that the following cases in which the law practicing certificate is not granted are:

- Not being qualified as a lawyer as prescribed in Article 10 of the Law on Lawyers 2006: “Vietnamese citizens who are loyal to the Fatherland, observe the Constitution and law, have good moral qualities, possess a law bachelor diploma, have been trained in the legal profession, have gone through the probation of legal profession and have good health for law practice may become lawyers.”

- Working as cadres, officials, or civil servants; as officers, professional personnel or defense workers in agencies or units of the people's army; as commanding or professional officers or non-commissioned officers in agencies or units of the people's security forces;

- Not permanently residing in Vietnam;

- Being examined for penal liability; having been sentenced for unintentional crimes or less serious intentional crimes and their criminal records have not yet been remitted; having been sentenced for serious, very serious or particularly serious intentional crimes, even the criminal record has been expunged;

- Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;

- Having lost their civil act capacity or having a restricted civil act capacity;

- Persons who do not permanently reside in Vietnam that have been dismissed within 3 years from the decision on dismissal takes effect.

Hence, civil servants are not allowed to obtain a law practice certificate under the law provisions. If you are civil servants at the People's Committee of the commune, you cannot obtain the law practice certificate.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra - FDVN Law Firm


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