Decision No. 258/2002/QD-BTP dated July 10, 2002 of the Ministry of Justice issuing the regulation on organization and operation of Vietnam Legal Aid Fund

DECISION

ISSUING THE REGULATION ON ORGANIZATION AND OPERATION OF VIETNAM LEGAL AID FUND

THE MINISTER OF JUSTICE

Pursuant to the Government’s Decree No. 38/CP of June 4, 1993 on the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Prime Minister’s Decision No.734/TTg of September 6, 1997 on the establishment of organizations providing legal assistance for the poor and social policy beneficiaries;

Pursuant to the Government Office’s Official Dispatch No.5856/VPCP-PC of November 30, 2001 notifying the Prime Minister’s opinions on the setting up of a legal aid fund;

Proceeding from opinions of the Finance Ministry (Official Dispatch No.3142/BTC-CSTC of April 2, 2002) and the Government Commission for Organization and Personnel (Official Dispatch No.89/BTCCBCP-TCCB of March 22, 2002) on the promulgation of legal documents on Vietnam Legal Aid Fund;

At the proposals of the directors of the Legal Aid Department and Department for Organization, Personnel and Training,

DECIDES:

Article 1.-To issue together with this Decision the Regulation on organization and operation of Vietnam Legal Aid Fund.

Article 2.-This Decision takes effect as from July 26, 2002.

The director of the Legal Aid Department and the heads of the units attached to the Ministry shall have to implement this Decision.

REGULATION

ON ORGANIZATION AND OPERATION OF VIETNAM LEGAL AID FUND
(Issued together with the Justice Minister’s Decision No.258/2002/QD-BTP of July 10, 2002)

Chapter I

GENERAL PROVISIONS

Article 1.-Scope of application of the Regulation

This Regulation prescribes the organization and operation of Vietnam Legal Aid Fund.

Article 2.-The Fund’s objectives

Vietnam Legal Aid Fund (hereinafter called the Fund for short) is a State-run fund based at the Legal Aid Department of the Justice Ministry.

The Fund is set up to provide financial support for free-of-charge legal aid activities for the poor and preferential policy beneficiaries throughout the country according to the provisions of this Regulation.

Article 3.-The Fund’s operation and financial management principles

1. The Fund shall operate under the direction of the director of the Legal Aid Department.

2. The Fund is entitled to the annual State budget allocations according to estimates approved by the competent authority; receive financial supports, contributions and donations from agencies, organizations and individuals at home and abroad; and to tap all financial capabilities for the creation of its funding sources under law provisions.

3. The Fund shall operate for non-profit purposes, provide non-refundable aids and be exempt from the law-prescribed taxes on contributions to it.

4. All the Fund’s financial revenue- and expenditure- related activities must comply with law provisions, be independent from and not overlap funding sources allocated by the State budget for administrative and non-business activities of the Legal Aid Department.

5. The Fund shall have to manage and use its financial sources according to the provisions of this Regulation and relevant law provisions.

6. The Fund shall not receive financial sources requested to be used in contravention of its objectives.

Article 4.-Inspection and monitoring of the Fund’s operations

The Legal Aid Department shall coordinate with the specialized units of the Finance Ministry and concerned agencies in monitoring, inspecting and directing the Fund’s operations according to law provisions, ensuring that the Fund be used for the right purposes defined in Article 2 of this Regulation so as to prevent the misuse of its name for illegal profit-making activities.

Article 5.-Encouragement and creation of conditions for development of the Fund

The State agencies and organizations shall, within the ambit of their functions, tasks and powers, create conditions for and actively support the Fund in all aspects, in order to contribute to the free-of-charge provision of legal aid to the poor and preferential policy beneficiaries in strict accordance with the Party’s undertakings and State’s laws.

The Vietnamese State encourages agencies, organizations and individuals inside and outside the country to make contributions and provide support in cash, kind or others to Vietnam Legal Aid Fund.

Chapter II

OPERATIONS OF THE FUND

Article 6.-Sources for the creation of the Fund

1. The State budget’s annual allocations according to the estimates approved by the competent authority;

2. The financial aid, contributions in cash or kind from agencies, organizations and individuals at home and abroad;

3. Other lawful revenue sources.

Article 7.-The Fund’s expenditures

1. The expenditures in support of the expansion of legal aid activities throughout the country, including:

a/ The work of communication, publication of documents, books, legal leaflets and other law publications in service of legal aid activities;

b/ The organization of training and fostering courses to raise the professional qualifications, skills and ethics of employees and collaborators engaged in legal aid activities.

c/ Researches, surveys, seminars and symposiums for experience exchange in direct service of the legal aid task;

d/ The payment of remuneration to lawyers and legal aid collaborators; working trip allowances and fares to people directly performing the legal aid task;

e/ The equipment of working facilities and other material conditions in service of legal aid activities;

f/ The support of legal aid beneficiaries who suffer damage caused by mistakes in legal aid activities;

g/ Other expenses related to legal aid activities, which shall be made in accordance with law provisions.

2. The expenditures on the Fund management and development with the following contents:

a/ The expenditure on regular activities of the Fund management work, the expenditure on stationery, accounting books, transaction and working facilities;

b/ The expenditure on payment of allowances to a number of part-time personnel, and extra-work allowances to officials and employees of the Legal Aid Department, who are arranged to work part time for the Fund;

c/ The expenditure on rewards to agencies, organizations and individuals that record outstanding achievements in the Fund building and development;

d/ The expenditure on the Fund expansion and development activities;

e/ The other expenditures related to the management of the Fund.

All expenditures mentioned in this Article must strictly comply with the State’s current regime and not overlap the State budget’s expenditures for operations of the Legal Aid Department.

Article 8.-Procedures for the Fund to provide financial supports

1. For the Fund’s financial supports from the source of State budget allocations and other financial sources without authorization or agreement on support objectives and reception address, the support shall be provided according to the following procedures:

a/ Bases for consideration of the Fund’s financial support:

Proposals of organizations and/or individuals engaged in activities compatible with the Fund’s aid objectives;

Proposals of the functional units under the Legal Aid Department, based on the annual legal aid program already approved by the Justice Minister and the practical requirements arising in the course of managing and monitoring the legal aid work.

b/ Order of approving the Fund’s financial support:

The Fund’s director shall assist the director of the Legal Aid Department in appraising the support proposals so that the latter may approve them according to his/her competence or submit them to the Justice Minister for approval.

Basing him/herself on the approved support contents, the Fund’s director shall have to organize the implementation thereof according to the provisions of this Regulation and other relevant law provisions.

2. Regarding the already agreed financial support, the Fund shall have to strictly comply with the authorization or support objectives already agreed upon with supporting agencies, organizations and/or individuals at home and abroad, as well as with its operation objectives and Vietnamese law.

Article 9.-The Fund’s financial work

The Fund shall submit to the State management over its financial work as follows:

1. It shall open books to monitor and account all revenues and expenditures from funding sources allocated by the State budget, the financial supports, contributions and donations of agencies, organizations and individuals inside and outside the country, and its expenditures prescribed in this Regulation. The Fund shall effect financial publicity according to the provisions of law;

2. It shall comply with the financial and book- keeping regimes and organize its accounting apparatus according to the stipulations of the Finance Ministry, submit to the periodical and extraordinary financial and other inspection and examinations, which fall under the jurisdiction of the finance agency;

3. It shall send the financial and accounting reports on the use of its financial sources to the competent agencies according to current regulations.

Article 10.-The Fund’s relations with the relevant agencies, organizations and individuals in its activities

1. The Fund is allowed to maintain relations with domestic and foreign agencies, organizations and individuals in order to receive financial aids and supports according to current law provisions.

2. The Fund shall submit to supervision by domestic and foreign agencies, organizations and individuals that have directly provided it with supports within the scope of relevant activities as defined and recognized in the concluded documents.

3. The Fund shall conduct the prescribed inspection of organizations and individuals regarding the latter’s use of its financial supports.

Chapter III

ORGANIZATION OF THE FUND

Article 11.-Organizational apparatus

The Fund’s organizational apparatus is composed of the director, the deputy directors and the assisting section.

The Minister of Justice shall appoint the director and deputy directors of the Fund while the director of the Legal Aid Department shall arrange the assisting section, which shall comprise one full-time accountant and some part-time personnel on the payroll of the Legal Aid Department.

Article 12.-Tasks and powers of the Fund’s director

The Fund’s director shall be the Fund’s account holder and answerable to the director of the Legal Aid Department for the administration of the Fund, having the following tasks and powers:

1. To work out the Fund’s long-term and annual programs and plans of action, which shall be submitted by the director of the Legal Aid Department to the Justice Minister for approval; and organize the implementation of the approved programs and plans;

2. To organize the performance of the Fund’s tasks according to the provisions of this Regulation;

3. To represent the Fund in its relations with agencies, organizations and individuals at home and abroad when handling matters related to the Fund’s activities;

4. To manage the Fund’s finance and material foundations according to the current provisions on financial management and this Regulation;

5. To report biannually and annually on the Fund’s operation and financial results to the director of the Legal Aid Department so that the latter report them to the competent agencies.

Article 13.-Tasks and powers of the Fund’s deputy directors

The Fund’s deputy directors shall assist the director in performing a number of tasks assigned by the director and shall be answerable to the latter for the results of performance of those tasks.

When authorized by the Fund’s director to handle the Fund’s matters, the Fund’s deputy directors shall be held responsible for and report to the Fund’s director on the results of performance of the authorized tasks.

Chapter IV

COMMENDATION, HANDLING OF VIOLATIONS, AND COMPLAINTS AND DENUNCIATIONS

Article 14.-Commendation

Agencies, organizations and individuals that record outstanding achievements in participation in the Fund-supported legal aid activities or in the Fund building and development shall be considered for commendation and/or reward according to general law provisions.

Apart from the forms of commendation defined in Paragraph 1 of this Article, the Fund shall have an honorable golden book and other appropriate forms to acknowledge agencies’, organizations’ and individuals’ efforts and contributions to the building of the Fund and creating conditions for it to develop and operate efficiently.

Article 15.-Handling of violations

1. All acts of breaching the provisions of this Regulation shall be handled according to law provisions, more concretely:

a/ Officials and employees who commit acts of breaching the provisions of this Regulation shall be handled according to the provisions of the Ordinance on Public Employees and documents guiding the implementation thereof;

b/ Individuals and units that violate the legislation on administration in the management and use of the Fund shall be administratively handled according to current law provisions;

c/ In cases where material damage is caused to the Fund, compensation therefor must be made according to current law provisions. All money and property disputes related to the Fund shall be settled according to the provisions of the civil legislation and relevant law provisions;

d/ Cases of seriously violating the provisions on the Fund management and use, causing the Fund’s property or monetary damage, embezzlement or committing other acts with signs of criminal offenses shall be examined for penal liabilities under law provisions.

2. The competence and procedures for, as well as order of, examining and handling the violations prescribed in Clause 1 of this Article shall comply with current law provisions.

Article 16.-Complaints and denunciations

1. All agencies, organizations and individuals have the right to complain about or denounce acts of embezzlement or abusing ones’ ranks, powers, working positions or the name of the Fund or other acts violating the provisions of this Regulation according to the provisions of the legislation on complaints and denunciations.

2. The settlement of complaints and denunciations about acts of violation regarding the Fund’s organization, operation, management and use shall comply with the provisions of the legislation on complaints and denunciations.

Article 17.-Amendment and supplementation

In the course of implementing this Regulation, if any problems or matters arise, the Legal Aid Department shall have to propose amendments and/or supplements to make it compatible with the practical situation and current law provisions.