Headlines 16/10/2018 14:19 CH

New guide: Cases of disqualification for becoming lawyers

Quỳnh Như

This is the highlight of the Decree No. 137/2018/NĐ-CP regarding amendments and supplements to the Decree No. 123/2013/NĐ-CP providing guidance on implementation of the Law on Lawyers.

The Decree prescribes that cases mentioned below are considered as failing to comply with the Constitution and legislation and not conforming to ethical standards for becoming a lawyer:

- The applicant has been subject to any disciplinary action as stipulated by laws on officials, public servants and employees which remains in effect;

- The applicant has been subject to the disciplinary action in the form of dismissal for a period of time which is less than 3 years from the effective date of the dismissal decision;

- The applicant has been subject to the administrative penalty for one of violations arising in the judicial support and legal aid service sector, etc. for a period of time which is less than 1 year from the date of fulfillment of obligation to comply with the administrative judgement. 

- The applicant has been subject to an administrative penalty, disciplinary action, criminal penalty or conclusion of the authority having competence in one of the acts related to:

+ Appropriating property, profiteering, cheating, fraud, infringement upon the national security, etc.

+ Performing acts or using speeches that affect the image or prestige of the lawyer's profession or cause damage to the legitimate rights and interests of agencies, organizations or individuals;

+ Engaging, manipulating, inciting, bribing or coercing other people to disturb public order, committing acts of law violation or violation of the provisions of Points b, d, e, g, i or k, Clause 1, Article 9 of the Law on Lawyers;

+ Committing other intentional violations of law and being subject to any disciplinary action for at least two times.

For more details, see the Decree No. 137/2018/NĐ-CP (in force from November 25, 2018).

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