Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Ministry of Justice on detailing a number of articles of the Law on Legal Aid and types of papers used in legal aid provision activities

CIRCULAR

Detailing a number of articles of the Law on Legal Aid and types of papers used in legal aid provision activities[1]

Pursuant to the June 20, 2017 Law on Legal Aid;

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the Director General of the National Legal Aid Agency;

The Minister of Justice promulgates the Circular detailing a number of articles of the Law on Legal Aid and types of papers used in legal aid provision activities.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular prescribes in detail legal aid contracts; registration forparticipation in legal aid provision; legal aid probation and examination of legal aid probation results, and types of papers used in legal aid provision activities.

Article 2.Subjects of application

This Circular applies to:

1. Legal aid officers, legal aid collaborators, lawyers and legal counselors providing legal aid.

2. Legal aid probationers.

3. Legal aid beneficiaries.

4. Law-practicing organizations and legal counseling organizations participating in legal aid provision.

5. State legal aid centers, provincial-level Departments of Justice, and other related agencies, organizations and individuals.

Chapter II

LEGAL AID CONTRACTS

Section 1

SELECTION OF, AND SIGNING OF CONTRACTS WITH, LAWYERS; SIGNING OF CONTRACTS WITH LEGAL AID COLLABORATORS

Article 3.Determination of number of lawyers for signing contracts

Based on legal aid resources in its locality, a state legal aid center (below referred to as center) shall assess its capacity to meet legal aid needs on the basis of results of legal aid provision in the previous year, number of its legal aid officers, number of contracted lawyers, number of cases brought to court in the previous year, total number of legal aid beneficiaries, changes in the local population, and other factors that affect the legal aid provision in the locality in order to estimate the number of lawyers with whom it will sign legal aid contracts (below referred to as lawyers).

Article 4.Teams appraising lawyer selection dossiers

1. The director of a center shall decide to form a team to appraise lawyer selection dossiers (below referred to as lawyer appraisal team) which shall be composed of 3 to 5 members, including a representative of the local bar association, who are knowledgeable about law and legal aid activities. The head of the lawyer appraisal team must be a center leader.

2. A lawyer appraisal team shall:

a/ Formulate methods and criteria for appraising and a scale for scoring  lawyer selection dossiers, then submit them to the center director for decision;

b/ Prepare a lawyer selection notice;

c/ Appraise lawyer selection dossiers and take responsibility for appraisal and selection results.

3. Members of a lawyer appraisal team shall:

a/ Appraise lawyer selection dossiers and take personal responsibility for their appraisal results;

b/ Stay independent, objective and honest and keep confidential information relating to their task performance;

c/ Perform other tasks as assigned by the team head.

Article 5.Lawyer selection notice

1. A lawyer selection notice must have the following contents:

a/ Estimated number of lawyers to be selected;

b/ Conditions for signing legal aid contracts as prescribed in Clauses 3 and 5, Article 14 of the Law on Legal Aid; method and criteria for appraising and the scale of points for scoring lawyer selection dossiers;

c/ Requirements on dossiers as prescribed in Article 6 of this Circular;

d/ Place and time limit for dossier submission. The time limit for dossier submission is 20 days from the date the notice is published;

dd/ Draft legal aid contract;

e/ Other requirements (if any).

2. A lawyer selection notice shall be published for at least 5 working days on the website of the provincial-level Department of Justice.

Article 6.Lawyer selection dossiers

1. A lawyer selection dossier must comprise:

a/ A written request for participation in the selection for signing a legal aid contract, bearing certification by the law-practicing organization where the lawyer is working or the agency or organization with which the lawyer has signed his/her labor contract and its permission for the lawyer to sign a legal aid contract;

b/ A copy of the lawyer card;

c/ A written introduction of the lawyer’s practicing process, cases in which he/she has participated in legal proceedings, and his/her legal aid experience;

d/ Other documents as required by the lawyer selection notice (if any).

2. A lawyer shall take responsibility for the accuracy of information he/she provides.

3. A lawyer may submit one dossier set in person or send it by post to the center. For a dossier submitted in person, the date of submission is the date written in the dossier receipt. For a dossier sent by post, the date of submission is the date of arrival shown on the postmark.

Article 7.Appraisal of dossiers and signing of contracts with lawyers

1. Within 15 days after the deadline for dossier submission, a lawyer appraisal team shall complete the appraisal. In case of necessity, the time limit for appraisal may be prolonged for not more than 5 working days.

2. The appraisal consists of two steps, including:

Step 1: Appraise the validity of the dossier. The criteria of satisfaction and non-satisfaction shall be used. Complete dossiers submitted within the prescribed time limit shall be appraised as satisfying the requirements prescribed in Clause 1, Article 6 of this Circular and be further appraised in step 2.

Step 2: Appraise the level of satisfaction of legal aid needs, using a scale of 100 points and setting the minimum score and maximum score for each criterion appraised. The final score is the average of scores given by members of the lawyer appraisal team and arranged in a descending order. In case there are two or more lawyers getting the same score, the head of the lawyer appraisal team shall make the final decision.

3. The head of the lawyer appraisal team shall sum up results of appraisal by the team members and arrange the scores in a descending order. The sum-up table of appraisal results shall be signed by the team members.

4. The center shall notify selection results to the lawyers that have submitted dossiers. Lawyers who get a final score of 50 points or more shall be selected in a descending order until the estimated number of lawyers is reached. Within 10 days from the date of notification, selected lawyers shall sign contracts with the center. Past that time limit, if any selected lawyer does not come to sign a contract, the center shall notify such and sign a contract with a lawyer who gets the next lower score (if any).

Article 8.Signing of contracts with legal aid collaborators

Within 30 days after being granted a legal aid collaborator card, a legal aid collaborator shall come to sign a legal aid contract with the center, unless he/she has a plausible reason.

Section 2

SELECTION OF, AND SIGNING OF CONTRACTS WITH, LAW-PRACTICING ORGANIZATIONS OR LEGAL COUNSELING ORGANIZATIONS

Article 9.Determination of the number of organizations for signing contracts

Based on practical conditions of its locality, a provincial-level Department of Justice shall assess the capacity of a legal aid center to meet legal aid needs on the basis of results of legal aid provision in the previous year, number of legal aid officers, number of contracted lawyers and other resources of the center, results of legal aid provision by organizations participating in legal aid provision, number of cases brought to court in the previous year, total number of legal aid beneficiaries, changes in the local population, and other factors that affect the legal aid provision in the locality in order to estimate the number of organizations with which it will sign legal aid contracts (below referred to as organizations).

Article 10.Teams appraising organization selection dossiers

1. The director of a provincial-level Department of Justice shall decide to form a team to appraise organization selection dossiers (below referred to as organization appraisal team) which shall be composed of 3 to 5 members who are knowledgeable about law and legal aid activities. Members of an organization appraisal team include:

a/ A leader of the provincial-level Department of Justice, as the team head;

b/ The leader of the center and other members, including a representative of the local bar association as decided by the director of the provincial-level Department of Justice.

2. An organization appraisal team and its members have the responsibilities prescribed in Clauses 2 and 3, Article 4 of this Circular, and shall take responsibility before the director of the provincial-level Department of Justice for their appraisal.

Article 11.Organization selection notice

1. An organization selection notice must have the following contents:

a/ Estimated number of organizations to be selected;

b/ Conditions for signing legal aid contracts as prescribed in Clauses 2 and 5, Article 14 of the Law on Legal Aid; method and criteria for appraising  and the scale of points for scoring lawyer selection dossiers;

c/ Requirements on dossiers as prescribed in Article 12 of this Circular;

d/ The contents specified at Points d, dd and e, Clause 1, Article 5 of this Circular.

2. An organization selection notice shall be published for at least 5 working days on the website of the provincial-level Department of Justice.

Article 12.Organization selection dossiers

1. An organization selection dossier must comprise:

a/ A written request for participation in the selection for signing a legal aid contract;

b/ A copy of the operation registration paper;

c/ A written introduction of the organization and operation of the organization participating in the selection for signing a legal aid contract, clearly stating the number of lawyers and legal counselors working in the organization (enclosed with copies of their lawyer cards or legal counselor cards), cases in which the organization has participated in legal proceedings, legal aid experience, physical foundations and other issues;

d/ Other documents as required by the organization selection notice (if any).

2. An organization shall take responsibility for the accuracy of information it provides.

3. An organization may send directly or by post one dossier set to the provincial-level Department of Justice. For a directly sent dossier, the date of submission is the date written in the dossier receipt. For a dossier sent by post, the date of submission is the date of arrival shown on the postmark.

Article 13.Appraisal of dossiers and signing of contracts with organizations

1. Dossiers shall be appraised under Clauses 1 and 2, Article 7 of this Circular. Heads of appraisal teams shall sum up appraisal results under Clause 3, Article 7 of this Circular.

2. Provincial-level Departments of Justice shall notify appraisal results to the organizations that have submitted dossiers. Organizations that get a final score of 50 points or more shall be selected in a descending order until the estimated number of organizations is reached. Within 10 days from the date of notification, selected organizations shall sign contracts with the provincial-level Department of Justice. Past that time limit, if any selected organization fails to sign a contract with the provincial-level Department of Justice, the Department shall notify such and sign a contract with an organization that gets the next lower score (if any).

Section 3

LEGAL AID CONTRACTS

Article 14.Contents of legal aid contracts

A legal aid contract must have the following principal contents:

1. Subjects eligible for and scope, form and field of legal aid.

2. Responsibilities of parties in performing the contract.

3. Term of the contract.

4. Remuneration and expenses for legal aid provision.

5. Modification, supplementation and termination of the contract.

6. Mechanisms for resolution of disputes and liability for breaches of the contract.

7. Other agreements (if any).

Article 15.Term of contracts

1. The term of a legal aid contract may be agreed upon by the parties but must not exceed 3 years from the date of signing.

2. Upon the expiration of the term of a contract, the provincial-level Department of Justice and the center shall base themselves on local legal aid needs and the quality of legal aid provided to extend the contract term without having to carry out the selection procedures prescribed in this Circular. The term of a contract may be extended only once for no more than 3 years. The extension of contract term shall be established in writing.

Article 16.Performance of contracts

1. An organization, a lawyer or a legal aid collaborator that signs a legal aid contract (below referred to organization or individual) shall perform legal aid jobs assigned by provincial-level Department of Justice or center or may directly receive requests for legal aid.

2. Before providing legal aid in a case, an organization and the provincial-level Department of Justice, an individual and the center shall sign a contract annex which constitutes an integral of the contract and has the following principal details: legal aid beneficiary(ies), case or matter in need of legal aid, and main jobs to be performed.

3. Organizations and individuals shall provide legal aid in accordance with the law on legal aid, contents and annexes of their contracts, and ensure the quality of legal aid in accordance with law and the contracts.

Article 17.Termination of contracts

1. A legal aid contract shall be terminated in the following cases:

a/ The parties agree to terminate the contract ahead of time;

b/ The contract expires;

c/ A contracting party being an organization falls into one of the cases of termination of legal aid provision as specified at Points a, c and d, Clause 1, Article 16 of the Law on Legal Aid; a contracting party being an individual falls into one of the cases of discontinuation of legal aid provision as specified at Point b, Clause 1, Article 25 of the Law on Legal Aid;

d/ An organization or individual violates Clause 1, Article 6 of the Law on Legal Aid;

dd/ The rights and obligations stated in the contract are seriously breached, causing damage to legal aid beneficiaries;

e/ Other cases as specified by law.

2. Upon termination of a contract under Point a, b or e, Clause 1 of this Article, the organization or individual being a contracting party shall continue providing legal aid in the assigned case or matter and be paid remuneration for performed jobs until the case or matter is completely settled, except where the continued performance of the jobs may pose risks to the legal aid beneficiary, legal proceedings or public interests. In case of discontinuation of performance, the case file shall be transferred under Clause 3 of this Article.

3. Upon termination of a legal aid contract under Point c, d or dd, Clause 1 of this Article, the organization shall transfer the file of the case where it provides legal aid to the assigned legal aid-providing organization under Clause 3, Article 16 of the Law on Legal Aid; the individual shall transfer the case file to the center.

4. After the termination of their contracts, organizations and individuals shall still take responsibility for legal aid jobs they have performed.

Article 18.Inspection and supervision of contract performance

1. A provincial-level Department of Justice shall:

a/ Inspect the observance of the regulations on legal aid and performance of contracts by organizations and individuals that have signed such contracts;

b/ Announce the list of organizations and individuals that have signed contracts under Clause 2, Article 10 and Clause 2, Article 17 of the Law on Legal Aid;

c/ Commend, reward or propose competent state agencies to commend or reward organizations and individuals that have signed contract and recorded achievements or made active contributions to legal aid work in accordance with law;

d/ Handle violations or request competent agencies to handle violations of organizations and individuals that have signed contracts in accordance with law.

2. Centers shall inspect the observance of the regulations on legal aid and performance of contracts by individuals that have signed such contracts.

Chapter III

REGISTRATION FOR PARTICIPATION IN LEGAL AID PROVISION

Article 19.Procedures for registering participation in legal aid provision

1. A law-practicing organization or legal counseling organization that fully satisfies the conditions for registering itself for participation in legal aid provision under Clause 1, Article 15 of the Law on Legal Aid shall submit directly or send by post, fax or online one registration dossier set to the provincial-level Department of Justice that has granted its operation registration paper.

A dossier for registration for participation in legal aid provision must comprise:

a/ A written request for participation in legal aid provision, made according to the form provided together this Circular (Form TP-TGPL-01);

b/ A list of lawyers and legal counselors qualified for legal aid provision (Form TP-TGPL-02);

c/ Copies of lawyer cards or legal counselor cards.

2. Within 7 days after receiving a valid registration dossier, the provincial-level Department of Justice shall examine the dossier and grant a registration paper for participation in legal aid provision, made according to the form provided together with this Circular (Form TP-TGPL-03), to the registering organization that fully satisfies the conditions and notify such to the center for coordination. In case of refusal to grant a registration paper, it shall clearly state the reason. The legal aid provision may start from the date of grant of the registration paper.

3. Within 3 working days after granting a registration paper for participation in legal aid provision, the provincial-level Department of Justice shall announce the list of organizations having registered for participation in legal aid provision and legal aid providers in the locality under Clause 2, Article 10 and Clause 2, Article 17 of the Law on Legal Aid.

In case of change of a legal aid provider, an organization having registered for participation in legal aid provision shall send a written notice thereof to the provincial-level Department of Justice for the latter to update the list of legal aid providers in the locality and notify such change to the Ministry of Justice.

4. The registration for participation in legal aid provision is free of charge.

Article 20.Modification of registration papers for participation in legal aid provision

1. When wishing to modify its registration paper for participation in legal aid provision, an organization that has registered for participation in legal aid provision shall submit directly or send by post one dossier set to the provincial-level Department of Justice with which it has registered. Such a dossier must comprise: A written request for modification of the registration paper for participation in legal aid provision, made according to a form provided together with this Circular (form TP-TGPL-04); and the granted registration paper for participation in legal aid provision.

2. Within 5 working days after receiving a valid dossier, the provincial-level Department of Justice shall add changes to the granted registration paper for participation in legal aid provision. In case of refusal to do so, it shall clearly notify the reason in writing. The modification of registration papers for participation in legal aid provision is free of charge.

3. Within 3 working days after adding changes to a registration paper for participation in legal aid provision, the provincial-level Department of Justice shall announce such changes on its website and notify them to the Ministry of Justice.

Article 21.Re-grant of registration papers for participation in legal aid provision

1. In case a registration paper for participation in legal aid provision is lost or irreparably damaged and can no longer be used, the organization that has registered for participation in legal aid provision shall submit directly or send by post, fax or online an application for re-grant of its registration paper for participation in legal aid provision, made according to the form provided together with this Circular (Form TP-TGPL-05), to the provincial-level Department of Justice.

2. Within 5 working days after receiving an application, the provincial-level Department of Justice shall re-grant the registration paper for participation in legal aid provision to the organization. The re-granted registration paper has the same serial number as the initially granted one but bears the new date of re-grant. The re-grant of registration papers for participation in legal aid provision is free of charge.

Article 22.Termination of legal aid provision

An organization that has registered for participation in legal aid provision and wishes to terminate the legal aid provision under Clause 2, Article 16 of the Law on Legal Aid shall transfer the file of the case or matter not yet completed to the legal aid-providing organization assigned by the provincial-level Department of Justice for further processing. The procedures for terminating legal aid provision shall be carried out as follows:

1. In case of termination under Point b or dd, Clause 2, Article 16 of the Law on Legal Aid, the organization that has registered for participation in legal aid shall submit directly or send by post one dossier to the provincial-level Department of Justice. Such a dossier must comprise a notice of termination of legal aid provision and the granted registration paper for participation in legal aid provision.

2. In case of termination under Point a, c or d, Clause 2, Article 16 of the Law on Legal Aid, the organization that has registered for participation in legal aid shall have its registration paper revoked. The revocation shall be carried out as follows:

a/ Within 7 days after detecting that the organization that has registered for participation in legal aid falls into one of the cases specified at Points a, c and d, Clause 2, Article 16 of the Law on Legal Aid, the unit assigned by the provincial-level Department of Justice to perform the state management of legal aid shall submit a dossier on revocation of the registration paper for participation in legal aid provision to the director of the provincial-level Department of Justice for decision. Such a dossier must comprise the draft revocation decision of the director of the provincial-level Department of Justice; and a written record or a paper or document proving that the organization falls into one of the cases specified at Points a, c and d, Clause 2, Article 16 of the Law on Legal Aid;

b/ Within 5 working days after receiving a valid dossier, the director of the provincial-level Department of Justice shall issue a decision on revocation of the registration paper for participation in legal aid provision, made according to the form provided together with this Circular (Form TP-TGPL-06).

3. Within 3 working days after receiving a valid dossier prescribed in Clause 1 of this Article or after revoking a registration paper for participation in legal aid provision under Clause 2 of this Article, a provincial-level Department of Justice shall announce the termination of legal aid provision on its website and notify it to the Ministry of Justice.

Chapter IV

LEGAL AID PROBATION AND EXAMINATION OF LEGAL AID PROBATION RESULTS

Section 1

LEGAL AID PROBATION

Article 23.Legal aid probationers

Public employees of centers who possess a lawyer training graduation certificate or are entitled to lawyer training exemption in accordance with the law on lawyers may apply for legal aid probation at these centers.

Article 24.Responsibilities of centers, legal aid probationers and probation instructors

1. Within 3 working days after receiving an application for legal aid probation, a center shall decide to assign a legal aid officer who satisfies the conditions prescribed in Clause 1, Article 20 of the Law on Legal Aid (below referred to as probation instructor) to instruct the legal aid probationer (below referred to as probationer). In case of refusal, the center shall notify such in writing, clearly stating the reason.

2. A probationer shall receive instructions from his/her probation instructor in professional activities under Clause 2, Article 20 of the Law on Legal Aid; observe the legal aid regulations and principles, internal regulations and rules of the place where legal aid is provided; take responsibility before the probation instructor and the center for results and progress of jobs assigned to him/her. Upon the expiration of the probation duration, the probationer shall report on probation results.

3. A probation instructor shall supervise, examine and take responsibility for jobs which he/she has assigned to a probationer; and give remarks on the report on probation results of the probationer.

Article 25.Legal aid probation duration

1. The legal aid probation duration (below referred to as probation duration) shall be counted from the date of issuance of the decision to assign a probation instructor. For a person entitled to a reduction of two-thirds of the lawyer practice probation duration under the Law on Lawyers, the probation duration is 4 months; for a person entitled to a reduction of half of the lawyer practice probation duration under the Law on Lawyers, the probation duration is 6 months.

In case of change of the probation place, the probation duration will continue to be counted from the date the center to which the probationer moves issues a decision to assign a probation instructor. The probation time of the probationer is the total time he/she is under probation at these centers.

2. Persons exempted from lawyer practice probation under the law on lawyers is also exempted from legal aid probation.

Article 26.Change of legal aid probation places

1. When wishing to move to a center in another locality, a probationer shall send a written request, enclosed with a report on probation results with remarks of his/her instructor, to the center where he/she is working as a probationer.

2. Within 3 working days after receiving a request prescribed in Clause 1 of this Article, the center where the probationer is working shall notify such in writing to the center to which the probationer wishes to move, clearly stating the probation time taken and number of times of probation suspension (if any).

Article 27.Suspension of legal aid probation

1. During probation, a probationer may suspend his/her probation but shall notify such in writing to the center where he/she is working.

2. A probationer whose probation duration is 12 months may suspend his/her probation no more than twice and for no more than 6 months each time; a probationer whose probation duration is 6 months may suspend his/her probation only once for no more than 6 months.

3. The time of probation suspension shall not be counted into the probation duration. The time of probation taken before the probation suspension shall be counted into the total time of probation.

Section 2

EXAMINATION OF LEGAL AID PROBATION RESULTS

Article 28.Organization of exams

1. When wishing to examine legal aid probation results, a provincial-level Department of Justice shall send to the Ministry of Justice a written request enclosed with a list and dossiers of persons qualified for sitting an exam of legal aid probation results.

2. The Ministry of Justice shall organize an exam of legal aid probation results no more than twice a year. An exam plan, list of persons qualified for sitting the exam, time and place of examination shall be notified at least one month before the expected date of the exam on the portal of the Ministry of Justice.

Article 29.Examination principles, contents and forms

1. Exams of legal aid probation results shall be organized in a serious, public, fair, objective, honest and lawful manner.

2. Contents of examination include legal knowledge in the criminal, civil, administrative and legal aid fields, and legal aid provision skills.

3. An exam includes a written test and a practical skills test.

a/ Written test: Test of legal knowledge in the criminal, civil, administrative and legal aid fields; skills of participation in legal proceedings, extrajudicial representation and legal counseling. A written test will last 120 minutes;

b/ Practical skills test: An examinee shall prepare a plan to settle a case or matter in which he/she participates in legal proceedings and send it to the examination council at least 10 days before the date of examination. At the practice skills test, examinees shall present their plans and answer questions raised by members of the examination council.

Article 30.Examination council

1. The council for examination of legal aid probation results (below referred to as the examination council) shall be set up under a decision of the Minister of Justice based on the proposal of the Director General of the National Legal Aid Agency. The examination council may use the seal of the Ministry of Justice in performing its tasks under regulations.

2. The examination council shall be composed of between 7 and 9 members, with its chairperson being a leader of the National Legal Aid Agency and its members being representatives of a number of units of the Ministry of Justice and the Vietnam Bar Federation, and a number of prestigious lawyers and legal aid officers.

3. The examination council shall be assisted by the secretariat, examination question board, invigilation board, examinee call number board, examination paper marking board and remarking board set up by the examination council chairperson (below collectively referred to as boards of the examination council).

Article 31.Marking examination papers

1. Each examination paper shall be marked by two members of the examination paper marking board independently according a scale of 100 points. The score of an examination paper is the average of scores given by the two marking members. In case their scores are different by 20 points or more, the head of the examination paper marking board shall organize the third-time marking. The score given at this time is the final score of the paper.

2. Practical skills shall be marked by members of the examination council independently according to a scale of 100 points. The score of a practical skills test is the average of scores given by members of the examination council. The examination council shall organize the marking of examination papers and notify the scores of these papers to examinees and at the same time post them on the portal of the Ministry of Justice.

3. Within 15 days after the score of his/her examination paper is notified, an examinee who disagrees with this score may file a written petition for remarking with the examination council chairperson. Practical skills are not to be remarked.

4. Within 5 working days after the time limit for remarking expires, the examination council chairperson shall decide to set up a remarking board and organize the remarking of papers. The remarking board shall be composed of at least 3 persons, including its head. Members of the remarking board must not be members of the examination paper marking board.

The remarking shall be done under Clause 1 of this Article. Remarking results shall be approved by the examination council chairperson and are final.

5. Within 3 working days after the remarking is finished, the examination council shall report examination results to the Minister of Justice for approval, then notify them to examinees and post them on the portal of the Ministry of Justice.

To pass an exam, an examinee must get 50 points or more for each test.

6. Within 10 days after examination results are posted on the portal of the Ministry of Justice, the examination council chairperson shall grant certificates of examination of legal aid probation results, made according to the form provided together with this Circular (form TP-TGPL-07), to examinees who have passed the exam.

Article 32.Funds for examination of legal aid probation results

Legal aid probation result examinees are not required to pay any fee but shall pay expenses for their participation in the examination. Funds for organizing the examination of legal aid probation results shall be allocated to the National Legal Aid Agency in accordance with the Law on the State Budget.

Chapter V

PAPERS IN LEGAL AID PROVISION ACTIVITIES

Article 33.Papers proving eligibility for legal aid

1. Paper proving a person with meritorious contributions to the revolution is one of the following papers:

a/ Decision of a competent agency recognizing a person with meritorious contributions to the revolution in accordance with the Ordinance on Preferential Treatment of Persons with Meritorious Contributions to the Revolution;

b/ Decision conferring the title of Vietnamese Heroic Mother, Hero of the People’s Armed Forces, or Labor Hero in the Resistance Period;

c/ Resistance Order, Resistance Medal, Certificate of Vietnamese Heroice Mother, Certificate of Hero, or Certificate of Meritorious Contributions to the Nation;

d/ Subsidy or allowance decision issued by a competent agency for a person with meritorious contributions to the revolution in accordance with the law on preferential treatment of persons with meritorious contributions to the revolution;

dd/ Decision recognizing or certificate of war invalid or person eligible for preferential policies like war invalids, diseased soldiers, persons suffering illness caused by toxic chemical, or resistance activists affected by toxic chemical.

2. Paper proving a member of a poor household is the certificate of poor household.

3. Paper proving a child is one of the following papers:

a/ Birth certificate, household registration book, people’s identity card, citizen’s identity card, or passport;

b/ Document of a proceedings-conducting body confirming the legal aid requester to be a child;

c/ Document of a competent agency on application of an administrative handling measure or administrative sanction confirming the legal aid requester to be a child.

4. Paper proving an ethnic minority person residing in an area with particularly difficult socio-economic conditions is one of the following papers:

a/ Lawful paper issued by a competent agency confirming the named person as an ethnic minority person and his/her place of residence;

b/ Document of a proceedings-conducting body confirming the legal aid requester to be an ethnic minority person and his/her place of residence.

5. Paper proving an accused person aged between full 16 years and under 18 years is a document of a proceedings-conducting body confirming the legal aid requester to be an accused aged between full 16 years and under 18 years.

6. Paper proving an accused person being a member of a household living just above the poverty line is either of the following papers:

a/ Certificate of household living just above the poverty line;

b/ Document of a proceedings-conducting body confirming the legal aid requester to be an accused.

7. Paper proving blood parent, spouse or child of a fallen hero or a person who had fostered a fallen hero as a child and meets a financial difficulty is one of the following papers:

a/ Certificate of household living just above the poverty line or decision on enjoyment of monthly social benefits or decision on admission of an eligible person into a social house or social relief establishment for care and nurturing;

b/ Decision of a competent agency on preferential benefits or survivor allowance for a blood parent, spouse or child of a fallen hero or a person who had fostered a fallen hero as a child or certificate of fallen hero’s family, “the Fatherland Remembers Your Sacrifice” certificate bearing the fallen hero’s name enclosed with a paper proving his/her relationship with the fallen hero.

8. Paper proving an orange agent victim meeting with financial difficulties is either of the following papers:

a/ Paper specified at Point a, Clause 7 of this Article;

b/ Decision on provision of preferential benefits for a child of a resistance activist affected by toxic chemical or certificate of illness, deformity or disability caused by toxic chemical.

9. Paper proving an elderly person meeting with financial difficulties is either of the following papers:

a/ Decision on enjoyment of monthly social benefits; decision on admission of eligible person to a social house or social relief establishment for care and nurturing;

b/ Certificate of household living just above the poverty line, enclosed with a lawful paper issued by a competent agency confirming the person named in the paper to be an elderly.

10. Paper proving a person with disabilities meeting with financial difficulties is either of the following papers:

a/ Certificate of household living just above the poverty line, enclosed with a certificate of disabilities granted by a competent agency;

b/ Paper specified at Point a, Clause 9 of this Article.

11. Paper proving a victim aged between full 16 years and under 18 years in a criminal case and meeting with financial difficulties is either of the following papers:

a/ Paper specified at Point a, Clause 7 of this Article;

b/ Document of a proceedings-conducting body confirming the legal aid requester to be a victim aged between full 16 years and under 18 years.

12. Paper proving a victim of a domestic violence case meeting with financial difficulties is either of the following papers:

a/ Decision on admission of a domestic violence victim into a social house or social relief establishment;

b/ Certificate of household living just above the poverty line, enclosed with one of the following papers: certification by a medical examination and treatment establishment of examination and treatment of injuries caused by domestic violence; decision prohibiting the abuser from contacting the victim; or decision on handling of administrative violation against the abuser.

13. Paper proving a human trafficking victim as defined in the Law on Human Trafficking Prevention and Combat meeting with financial difficulties is either of the following papers:

a/ Paper specified at Point a, Clause 7 of this Article;

b/ Papers and documents confirming the victim as specified in Article 28 of the Law on Human Trafficking Prevention and Combat.

14. Paper proving an HIV-infected person meeting with financial difficulties is either of the following papers:

a/ Paper specified at Point a, Clause 7 of this Article;

b/ Certification by a competent agency of the HIV-infected person.

15. Other lawful papers issued by competent agencies that can confirm persons eligible for legal aid in accordance with the law on legal aid.

In case a person eligible for legal aid has lost the above papers, certification by competent agencies that have issued such papers is required.

Article 34.Forms for use in legal aid provision activities

Provided together with this Circular are the following forms:

1. Application for participation in legal aid provision (Form TP-TGPL-01).

2. List of lawyers and legal counselors qualified for providing legal aid (Form TP-TGPL-02).

3. Registration paper for participation in legal aid provision (Form TP-TGPL-03).

4. Written request for modification of registration paper for participation in legal aid provision (Form TP-TGPL-04).

5. Application for re-grant of registration paper for participation in legal aid provision (Form TP-TGPL-05).

6. Decision on revocation of registration paper for participation in legal aid provision (Form TP-TGPL-06).

7. Certificate of examination of legal aid probation results (Form TP-TGPL-07).

8. Legal aid officer card (Form TP-TGPL-08).

9. Legal aid collaborator card (Form TP-TGPL-09).

10. Application for legal aid collaborator status (Form TP-TGPL-10).

11. Application for re-grant of legal aid collaborator card (Form TP-TGPL-11).

12. Decision on grant/re-grant of legal aid collaborator card (Form TP-TGPL-12).

13. Decision on revocation of legal aid collaborator card (Form TP-TGPL-13).

14. Decision on assignment of legal aid officer/lawyer to provide legal aid in legal proceedings (Form TP-TGPL-14).

15. Decision on replacement of legal aid officer/lawyer to provide legal aid in legal proceedings (Form TP-TGPL-15).

16. List of actual amounts of time for performing legal aid jobs in a case or matter (Form TP-TGPL-16).

17. List of performed legal aid jobs in a case or matter (Form TP-TGPL-17).

Chapter VI

IMPLEMENTATION PROVISIONS

Article 35.Effect

1. This Circular takes effect on January 1, 2018.

2. This Circular replaces the Minister of Justice’s Circular No. 07/2012/TT-BTP of July 30, 2012, on legal aid collaborators of state legal aid centers, and Decision No. 03/2007/QD-BTP of June 1, 2007, promulgating a number of paper forms for use in legal aid provision activities.

3. To annul Point 4, Section I, Part A of the Ministry of Justice’s Circular No. 05/2008/TT-BTP of September 23, 2008, guiding professional operations and state management of legal aid; to annul Forms No. 01 and No. 02 issued together with the Ministry of Justice’s Circular No. 18/2013/TT-BTP of November 20, 2013, guiding the method of counting amounts of time and procedures for paying expenses for providing legal aid.

Article 36.Implementation responsibility

1. The Director General of the National Legal Aid Agency and heads of the units of the Ministry of Justice, directors of provincial-level Departments of Justice, directors of centers, and related agencies, organizations and individuals shall implement this Circular.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Justice for study and settlement.-

Minister of Justice
LE THANH LONG

* The forms provided together with this Circular are not translated.