Pilot program for the public lawyer system.

(Chinhphu.vn) - In Resolution No. 104/NQ-CP, the Government basically agreed with the draft Resolution of the National Assembly on the pilot implementation of the public lawyer institution submitted by the Ministry of Justice.

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The Government assigns the Minister of Justice to preside over and coordinate with relevant ministries and agencies to research, incorporate, and fully explain the opinions of Government members in order to finalize the draft Resolution of the National Assembly on the pilot implementation of the public lawyer institution, and to be fully responsible for the reported data, proposals, and the content of the incorporated opinions and explanations as prescribed. Based on this, the Minister of Justice is authorized by the Prime Minister to sign the Government's submission on behalf of the Government regarding the finalized draft Resolution, to be presented to the National Assembly and the Standing Committee of the National Assembly, ensuring quality and timeliness as prescribed.

The Minister of Justice shall closely coordinate with the agencies of the National Assembly ; proactively report and explain during the process of reviewing and incorporating the opinions of the Standing Committee of the National Assembly and the National Assembly on the draft Resolution in accordance with regulations, and shall be responsible for the content of the incorporated opinions, explanations, and reports.

The Ministry of Justice stated that the development of a pilot resolution on the public lawyer system is extremely important, aiming to ensure the necessary elements and conditions for its implementation. Furthermore, the pilot program will help summarize experiences, identify issues arising in practice, and thus provide a basis for improving legislation and implementing this system officially and effectively.

The draft Resolution, comprising 20 articles, stipulates the criteria for recognizing public lawyers. Accordingly, to ensure the quality of the public lawyer workforce and avoid increasing staffing levels, the draft Resolution stipulates that those eligible for recognition as public lawyers are cadres, civil servants, public employees, officers of the People's Public Security, officers of the People's Army, and cadres of state-owned enterprises who are loyal to the Fatherland, abide by the Constitution and laws, possess good moral character, have firm political convictions, and are honest; hold a Bachelor of Law degree or higher; have at least 5 years of experience working in the legal field or experience in litigation, legal consulting, or resolving complex legal cases; and have completed professional training as prescribed.

Those who meet the above qualifications and are granted a lawyer's practice certificate are permitted to perform duties within the scope of public service. To build and develop a high-quality team of public lawyers, and to have a readily available team to perform public duties during the pilot phase, the Resolution stipulates two groups for becoming public lawyers.

Group 1 includes individuals who already possess a lawyer's license and are employed as civil servants, public employees, police officers, military officers, or employees of state-owned enterprises.

Group 2 includes individuals who are currently civil servants, public employees, police officers, military officers, and employees of state-owned enterprises. Those required to participate in public lawyer training include: individuals currently working as specialists, researchers, or lecturers in the field of law with a bachelor's or master's degree in law (6 months of public lawyer training); and individuals currently working as senior specialists, senior researchers, or senior lecturers in the field of law with a bachelor's or master's degree in law (3 months of public lawyer training).

Those exempt from public lawyer training include: individuals who have been granted a lawyer's practice certificate in accordance with the Law on Lawyers; individuals who have received a certificate of completion of lawyer training; professors, associate professors specializing in law, and doctors of law; and individuals currently serving as senior specialists, senior researchers, or senior lecturers in the field of law. Those exempt from public lawyer training must participate in professional development, training, and skills development for public lawyers for a minimum of 176 hours before being granted a lawyer's practice certificate. Based on the actual need for public lawyers, the directly managing agency shall submit a written request to the Ministry of Justice to grant lawyer's practice certificates to individuals who meet the standards for public lawyers as prescribed.

The Ministry of Justice has the authority to review, issue, reissue, and revoke lawyer's practice certificates...

Phuong Nhi

Source: https://baochinhphu.vn/thi-diem-che-dinh-luat-su-cong-102260408160245752.htm