If a person is practicing law and is recruited as a cadre, civil servant or public employee, must they terminate their probation?
Cases where a probationer terminates his or her probation to practice law are specified in Clause 2, Article 11 of Circular 10/2021/TT-BTP as follows:
Temporary suspension or termination of probation to practice law
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2. A probationer terminates his or her internship to practice law in one of the following cases:
a) Self-termination of probation to practice law;
b) Recruited as cadres, civil servants and public employees; officers, professional soldiers, defense workers in agencies and units of the people's army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security;
c) No longer permanently residing in Vietnam;
d) Lost or limited civil act capacity; have difficulty understanding and controlling behavior according to civil law provisions;
d) Being prosecuted for criminal liability;
e) Convicted and the judgment has taken legal effect;
g) Being subject to administrative measures of being sent to a compulsory detoxification facility or a compulsory education facility;
h) Be disciplined in the form of temporary suspension of law practice probation from 03 months to 06 months or have your name removed from the Bar Association's list of probationers;
i) Suspension of probation beyond the prescribed number of times or the probation period has expired as prescribed in Clause 1 of this Article without continuing the probation;
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Thus, according to regulations, in case a person who is practicing law as a lawyer is recruited as a cadre, civil servant or public employee, his or her probationary period must be terminated.