Decision No. 358/2003/QD-BTP dated August 15, 2003 of the Ministry of Justice promulgating the regulation on collaborators of legal aid organizations

DECISION

PROMULGATING THE REGULATION ON COLLABORATORS OF LEGAL AID ORGANIZATIONS

THE MINISTER OF JUSTICE

Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003 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 aid for the poor and the social policy beneficiaries;

Pursuant to the Prime Minister's Directive No. 05/2000/CT-TTg of March 1, 2000 on strengthening the legal aid work;

Pursuant to Joint Circular No. 52/TTLT/TP-TC-TCCP-LDTBXH of January 14, 1998 guiding the implementation of the Prime Minister's Decision No. 734/TTg of September 6, 1997 and Joint Circular No. 21/2002/TTLT/BVN-BTC-BTP of December 26, 2002 guiding the regime of remuneration for collaborators;

At the proposal of the director of the Legal Aid Agency,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on collaborators of legal aid organizations.

Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette.

This Decision replaces the Justice Minister's Decision No. 459/1998/QD-BTP of June 3, 1998 promulgating the Regulation on collaborators of legal aid organizations.

The previous stipulations contrary to this Regulation are all hereby annulled.

Article 3.- The director of the Legal Aid Agency, the director of the Office, the heads of the units under the Justice Ministry, and the directors of the Justice Services and the State-run Legal Aid Centers of the provinces and centrally-run cities shall have to implement this Decision.

REGULATION

ON COLLABORATORS OF LEGAL AID ORGANIZATIONS
(Promulgated together with the Justice Minister's Decision No. 358/2003/QD-BTP of August 15, 2003)

Chapter I

GENERAL PROVISIONS

Article 1.- Collaborators

The collaborators of the Legal Aid Agency and the State-run Legal Aid Centers of the provinces and centrally-run cities (hereinafter referred collectively to as the legal aid organizations) are those who are qualified for such titles, recognized and granted collaborator's cards by the legal aid organizations according to this Regulation.

Legal experts of agencies and organizations, lawyers, jurists and individuals who fully meet the criteria prescribed in Article 4 of this Regulation are encouraged to act as collaborators of legal aid organizations. Agencies and organizations shall encourage and create conditions for their own officials and members to participate in legal aid work.

Lawyers' profession-practicing and legal consultancy-providing organizations are also encouraged to coordinate and cooperate with legal aid organizations in performing the legal aid task.

Article 2.- Purposes of legal aid activities of collaborators

The collaborators' participation in legal aid activities aims to protect the legitimate rights and interests of the poor, social policy beneficiaries and other subjects eligible for legal aid according to law provisions, and to contribute to law dissemination and education to such subjects.

Article 3.- Principles for activities

Legal aid collaborators shall perform their tasks in compliance with the following principles:

- Providing legal aid under collaboration contracts;

- Abiding by the provisions of law;

- Ensuring accuracy, objectivity, justice, timeliness and effectiveness.

Chapter II

CRITERIA AND PROCEDURES FOR RECOGNIZING AND GRANTING OF COLLABORATOR'S CARDS

Article 4.- Collaborator's criteria

Legal aid collaborators must fully meet the following criteria:

a/ Being Vietnamese citizens permanently residing in Vietnam;

b/ Having good political and ethical qualities;

c/ Being bachelors of law or intermediate-law degree holders who have worked in the legal sector for three consecutive years or more, except for those holding the titles of investigator, procurator or judge.

For highland, deep-lying, remote and island localities, where nobody fully meets the criteria prescribed at this Point, the commune, ward or district township judicial officials, conciliation teams' members, village patriarchs, hamlet chiefs and other specialized officials may be considered for acting as legal aid collaborators;

d/ Having full act capacity; being other than those who are examined for penal liability, serving penalties, have their criminal records not yet remitted, or are subject to the administrative probation.

The periods of working in the legal sector are periods during which they worked as legal consultants, legal experts, legal researchers, law lecturers; investigators; procurators; judges; interrogators; court clerks; executors; notaries public; inspectors; people's jurors; civil status registrars.

Article 5.- Procedures for recognizing, granting collaborator's cards and signing collaboration contracts

1. Procedures for requesting to work as collaborators:

A person requesting to work as collaborator shall send to a legal aid organization a dossier set comprising:

a/ A written request to work as collaborator (made according to the set form);

b/ Copies of the bachelor of law diploma or intermediate law diploma and the written certification of the period of being engaged in legal work by the agency where he/she has worked or is working;

c/ A curriculum vitae certified by the People's Committee of the commune, ward or district town where he/she resides or by his/her agency (stuck with his/her 4 cm x 6 cm photo);

d/ Two 3 cm x 4 cm photos.

2. Competence to sign collaboration contracts:

The director of the Legal Aid Agency shall sign contracts with legal aid collaborators of the Legal Aid Agency at the proposals of the directors of the legal aid centers under the Agency.

The directors of the legal aid centers under the provincial/municipal Justice Services shall sign contracts with legal aid collaborators of their centers.

The signing of contracts between the legal aid organizations and collaborators being lawyers shall be effected on the basis of contracts between such legal aid organizations and lawyers' offices or law partnerships.

3. Procedures for granting collaborator's cards:

Collaborators shall be granted collaborator's cards made according to the set form issued by the Justice Ministry.

The director of the Legal Aid Agency shall grant cards to collaborators of the Legal Aid Agency.

The directors of the Justice Services of the provinces and centrally-run cities shall grant cards to collaborators of the legal aid centers at the proposals of the directors of the legal aid centers under the Justice Services.

4. Order for considering the signing of contracts and granting of collaborator's cards

Within 30 days after receiving complete and valid dossiers, basing himself/herself on the criteria and demand for use of collaborators, the director of the Legal Aid Agency or directors of the legal aid centers under the provincial/municipal Justice Services shall consider and sign first-time collaboration contracts (according to the set form) for a duration of 6 months. Within 45 days after the expiry date of first-time contracts, if appraising that the collaborators have conducted effective collaboration activities, the director of the Legal Aid Agency shall sign contracts and grant collaborator's cards. The directors of the legal aid centers under the provincial/municipal Justice Services shall sign contracts, while the directors of the provincial/municipal Justice Services shall grant cards according to their competence for durations suitable to the capability and collaborator use demand of legal aid organizations.

5. In cases where they refuse to sign contracts with persons who have filed dossiers requesting to work as collaborators and refuse to grant collaborator's cards , the legal aid organizations shall have to notify in writing such persons of the refusal and clearly state the reasons therefor.

6. Officials recommended by their managing agencies to work as collaborators at the proposals of the legal aid organizations shall be exempted from the procedures prescribed in Clause 1 of this Article.

Chapter III

RIGHTS AND OBLIGATIONS OF COLLABORATORS

Article 6.- Rights of collaborators

Collaborators shall have the following rights:

1. To be granted legal aid collaborator's card according to the provisions of this Regulation;

2. To provide legal consultancy, and perform the conciliation, representation or defense before court to protect legitimate rights and interests of subjects eligible for legal aid according to the provisions of law;

3. To request the concerned agencies, organizations and individuals to supply information and/or documents for the handling of cases subject to legal aid;

4. To be provided with legal knowledge and professional training in legal aid operation;

5. To receive remunerations and other reasonable administrative expenses as provided for by law;

6. To make suggestions and proposals on the expansion and improvement of efficiency of operation of legal aid organizations;

7. To be commended and/or rewarded when recording achievements in the legal aid work;

8. To enjoy other rights provided for by law.

Article 7.- Obligations of collaborators

Collaborators shall have the following obligations:

1. To provide legal aid according to the assignment by the legal aid organizations; make files on legal aid cases and affairs according to the regulations;

2. To comply with the principles for legal aid activities, internal rules and regulations of legal aid organizations and other relevant law provisions;

3. To be responsible to the concerned legal aid organizations and before law for their legal aid;

4. To preserve the prestige of legal aid organizations and respect subjects eligible for legal aid;

5. Not to ask for and receive remunerations from subjects enjoying legal aid in any form; not to give any promise on handling results of cases to subjects enjoying legal aid;

6. Not to disclose information or secrets on legal aid cases, except where so agreed by subjects enjoying legal aid or otherwise provided for by law;

7. Not to reject already accepted cases, except the cases prescribed in Article 8 of this Regulation;

8. To make periodical and extraordinary reports at requests of legal aid organizations; promptly report on problems arising in the course of providing legal aid, and propose handling measures to the leadership of the legal aid organizations;

9. Not to use collaborator's cards and title to conduct activities beyond the scope of the assigned tasks of legal aid;

10. To return collaborator's cards upon their expiration or when the legal aid organizations so request.

Article 8.- Refusal or discontinuation to provide the requested legal aid

1. Collaborators shall refuse or discontinue to provide the requested legal aid in the following cases:

a/ Requesting subjects are ineligible for legal aid;

b/ Requesting subjects have adversary interests in the same case, except for cases of answering law queries or of conciliation; in this case, the first requester shall be prioritized to be provided with legal aid, while the second requester shall be recommended to another organization to file his/her legal aid request;

c/ Legal aid requests are contrary to law and social ethics;

d/ Requesting subjects fail to fully supply or intentionally supply untruthful information or documents on the cases;

e/ Requesting subjects withdraw their written requests for legal aid;

f/ Requesting subjects are being in the state of alcohol intoxication or unable to control their acts due to the use of other strong stimulants, commit acts of causing disturbance at the legal aid places; offend the honor of the legal aid organizations and persons providing the legal aid; cause troubles to or obstruct the work of legal aid collaborators, and violate internal rules or regulations of legal aid organizations.

2. Collaborators must refuse to accept cases or must not continue providing legal aid in the following cases:

a/ They have interests related to the cases or are relatives of or under influence of persons with rights and interests adversary to those of persons to be provided with legal aid;

b/ The cases are falling under the handling competence of the agencies or organizations where they work or the cases have already been handled with their participation but are now subject to complaints.

3. The refusal or discontinuation to provide the requested legal aid must be immediately notified to the legal aid requesters, and concurrently reported to the leadership of the legal aid organizations.

Chapter IV

COMMENDATION, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 9.- Commendation

Collaborators, agencies and organizations that record achievements in legal aid activities shall be commended and/or rewarded according to the State's regulations.

Article 10.- Handling of violations

Collaborators who commit acts of violating the legislation on legal aid shall, depending on the nature and seriousness of their violations, be handled in the following forms: Withdrawal of legal aid collaborator's cards, termination of collaboration contracts or imposition of disciplines, bearing civil liability or examination for penal liability according to the provisions of law.

Article 11.- Complaints and denunciations

Subjects eligible for legal aid, concerned organizations and individuals shall have the right to lodge complaints about law-breaking acts of legal aid collaborators; individuals shall have the right to denounce law-breaking acts of legal aid collaborators.

Competence and procedures for settling complaints and denunciations shall comply with the law provisions on complaints and denunciations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 12.- Implementation provisions

Any problems or new matters arising in the course of implementation and requiring amendments and/or supplements to this Regulation should be proposed by the legal aid organizations to the director of the Legal Aid Agency for submission to the Justice Minister for consideration and decision on amendments and/or supplements suitable to the practical conditions and current law provisions.