Chương III Thông tư 21/2010/TT-BTP Quy chế tập sự hành nghề luật sư: KIỂM TRA KẾT QUẢ TẬP SỰ HÀNH NGHỀ LUẬT SƯ

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.