📋 Tender Overview
In order to build a team of quality public lawyers with in-depth professional experience without increasing payroll, the draft Resolution of the National Assembly on piloting the regulation of public lawyers stipulates two main groups of subjects to be recognized and granted practice certificates. Download Meeting View. Photo: VGP/DA On March 31, Deputy Minister of Justice Mai Luong Khoi, Chairman of the Council, chaired the meeting of the Council to appraise the draft Resolution of the National Assembly on pilot implementation of the public lawyer regulation. Speaking at the meeting, Deputy Minister of Justice Mai Luong Khoi said that the development of a pilot Resolution on the public lawyer regulation is extremely important, to ensure the elements and conditions for implementing this regulation. At the same time, through the pilot, it will help summarize experience and grasp problems that arise in practice, thereby serving as a basis for perfecting the law and implementing this regulation officially and effectively. The report at the meeting shows that the draft Resolution includes 20 articles regulating the subjects recognized as public lawyers. Accordingly, to ensure the quality of the public lawyer team and not increase the payroll, the Resolution stipulates that the subjects recognized as public lawyers are cadres, civil servants, public employees, Peoples Public Security officers, Peoples Army officers, State enterprise officers, loyal to the Fatherland, complying with the Constitution and laws, having good moral qualities, strong political courage and integrity; have a bachelors degree in law or higher; Have at least 5 years of experience working in the legal field or experience in litigation, legal consulting or solving complex legal cases; have passed the vocational training course as prescribed. People who meet the above qualifications and are granted a law practice certificate are allowed to perform work within the scope of activities of a public lawyer. In order to build and form a team of quality public lawyers as well as immediately have a team of public lawyers to perform public work in the pilot phase, the Resolution stipulates 2 groups to become public lawyers. Group 1 includes people with a law practice certificate who are recruited as officials, civil servants and employees. Peoples Public Security officials and officers, Peoples Army officers, State-owned enterprise officials. Group 2 includes people who are current officials, civil servants, public employees, Peoples Police officers, Peoples Army officers, and State-owned enterprise officials. In particular, people who must participate in public lawyer training include: People who are experts, researchers, lecturers in the field of law and have a bachelors degree in law or a masters degree in law with a 6-month public lawyer training period; People who are major experts, main researchers, main lecturers in the field of law and have a bachelor of law or master of law degree with a 3-month public lawyer training period. People who are exempt from public lawyer training include: People who have been granted a Law Practicing Certificate according to the provisions of the Law on Lawyers; people who have obtained a certificate of graduation from lawyer training; professor, associate professor of law, doctor of law; who are senior experts, senior researchers, and senior lecturers in the field of law. People who are exempt from public lawyer training must participate in professional training and professional skills training for public lawyers for a minimum of 176 hours before being granted a law practice certificate. Based on the actual need to use public lawyers, the direct management agency shall send a written request to the Ministry of Justice to issue a law practice certificate to people who meet the public lawyer standards according to regulations. The Ministry of Justice has the authority to review, issue, re-issue and revoke law practice certificates. Commenting at the Council, representatives of the Ministry of National Defense highly appreciated the document preparation of the drafting agency. The draft basically institutionalized the views of the Politburo and the Secretariat. Regarding the management of public lawyers in ministries and branches for pilot implementation, this person proposed to have an agency to advise the Minister on state management; At the same time, it is the focal agency to coordinate with the Ministry of Justice and other agencies in implementation. The representative of the Ministry of National Defense also proposed that during the pilot phase, the number of public lawyers can be determined depending on the scope and nature of each ministry and sector. Because according to public attorney standards, there will be many subjects who meet this standard; Besides, is it possible to exclude people who are judges from being public lawyers? Download Vice Chairman of the Council Nguyen Quoc Hoan, Director of the Department of Legal Document Development (Ministry of Justice) spoke at the meeting. Photo: VGP/DA Representative of the Ministry of Finance proposed to reconsider the concept of state-owned enterprise officials. Because people working in state-owned enterprises, they only work under contract regimes. Therefore, this person proposed to review the regulations on public lawyer standards for state-owned enterprise officials; clarifying legal work in the State sector; Carefully study the case of public defender training and the case of exemption; Request the agency in charge of drafting research and further regulations on standards and conditions to become a public lawyer... Concluding the meeting, Vice Chairman of the Council Nguyen Quoc Hoan, Director of the Department of Legal Document Development(Ministry of Justice) evaluates and drafts the Resolution in accordance with the Partys guidelines, guidelines and policies; ensure constitutionality and legality. The Draft Resolution is also comp
