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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 07/2007/ND-CP | Hanoi, January 12, 2007 |
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON LEGAL AID
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Legal Aid;
At the proposal of the Justice Minister,
DECREES:
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Article 2.- Legal aid beneficiaries
1. Poor people entitled to legal aid defined in Clause 1, Article 10 of the Legal Aid Law are people living below the poverty line prescribed by law.
2. People with meritorious services to the revolution entitled to legal aid defined in Clause 2, Article 10 of the Law on Legal Aid include:
a/ Revolutionary activists before the August 19, 1945 General Uprising;
b/ Vietnamese Heroic Mothers;
c/ Heroes of the People's Armed Forces; Labor Heroes;
d/ War invalids and people entitled to policies like war invalids;
e/ Diseased soldiers;
f/ Resistance war activists infected with chemical toxins;
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h/ Activists in the resistance wars for national liberalization, Fatherland salvation or performance of international duties;
i/ People with meritorious services to the revolution;
j/ Parents and spouses of fallen heroes, fallen heroes' children aged under 18; those who had nurtured fallen heroes.
3. Elderly people entitled to legal aid defined in Clause 3, Article 10 of the Legal Aid Law are people who are aged full 60 or more and live alone or helplessly.
4. Disabled people entitled to legal aid defined in Clause 3, Article 10 of the Legal Aid Law are those who suffer from defects in one or many body parts or functions expressed in different types of infirmity and reduced operation capacity, and, therefore, meet labor, daily-life and study difficulties or those who are infected with chemical toxins, HIV/AIDS or other diseases which deprive them of their civil act capacity and live helplessly.
5. Children entitled to legal aid defined in Clause 3, Article 10 of the Legal Aid Law are those who are aged under 16 and live helplessly.
6. Ethnic minority people entitled to legal aid defined in Clause 4, Article 10 of the Legal Aid Law are those who permanently reside in areas with exceptionally difficult socio-economic conditions prescribed by law.
7. Other people entitled to legal aid according to treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 3.- Legal aid-providing organizations
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2. Legal aid-participating organizations defined in Clause 2, Article 13 of the Legal Aid Law include:
a/ Lawyer's offices and law firms as provided for by the law on lawyers;
b/ Legal counseling organizations of socio-political organizations, socio-political-professional organizations, and socio-professional organizations according to regulations of the Government on legal counseling organizations and activities.
Article 4.- Responsibilities of state agencies and mass media agencies for legal aid services
1. State agencies shall, within the scope of their tasks and powers, encourage and create conditions in terms of working time for their cadres, civil servants and employees to act as legal aid collaborators (hereinafter referred to as collaborators for short); coordinate in providing legal aid services at the request of centers or their branches; supply information and documents related to legal aid cases; and give replies to recommendations on matters related to law enforcement.
2. Mass media agencies shall regularly provide information on the provision of legal aid services, create conditions for and coordinate with centers and their branches in settling legal aid cases.
The State encourages and creates conditions for the Vietnam Fatherland Front and its member organizations to, within the scope of their operation, participate in, make contributions to, and support legal aid services and mobilize people to implement the law on legal aid; to encourage their members to act as collaborators; and to create conditions for, coordinate and collaborate with and support centers and branches to provide legal aid services in an effective manner.
Article 6.- Establishment, management and use of the Legal Aid Fund
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2. The Prime Minister shall decide to set up the Legal Aid Fund. The Justice Minister shall promulgate the Regulation on organization and operation of the Fund after reaching agreement with the Finance Minister and take responsibility before the Government for the management of the operation of the Fund.
The Fund has the legal persons status, its own seal and may open accounts at state treasuries and banks. The Fund has a director, a deputy director, an accountant and an assisting body. The director of the Fund is its representative at law and is appointed, removed from office or dismissed by the Justice Minister.
3. All financial revenues and expenditures of the Fund comply with the law on finance and accounting and the Regulation on the organization and operation of the Fund.
Article 7.- Legal position of centers
1. People's Committees of provinces and centrally run cities (hereinafter collectively referred to as provincial-level People's Committees) shall decide to set up centers at the request of directors of provincial/municipal Justice Services. The name of a center is "the State legal aid center" followed by the name of its province or centrally run city. The center has the legal person status and its own working office, seal and accounts.
2. The center is a non-business unit attached to the provincial/municipal Justice Service. It is subject to the state management of the provincial/municipal Justice Service and provincial-level People's Committee and submits to the professional management, direction, guidance and inspection by the Justice Ministry.
Article 8.- Tasks and powers of centers
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2. To perform legal aid tasks and conduct legal aid operations, including:
a/ Providing legal counseling, appointing persons to participate in legal proceedings, extra judicial representation and providing legal aid in other forms to legal aid beneficiaries in the legal aid domains specified in Article 34 of this Decree.
b/ Organizing itinerant legal aid services and other legal aid activities specified in Articles 35, 36, 37, 40 and 41 of this Decree; assuming responsibility for, and coordinating with agencies, organizations and individuals in, organizing communication on legal aid among the people;
c/ Managing, and providing professional legal aid guidance and skills to, their branches, and giving operation guidance to legal aid clubs and other legal aid activities;
d/ Organizing training courses for legal aid professionals and collaborators of the center and its branches in order to improve their qualifications and knowledge on professional rules of legal aid services; and supporting legal aid-participating organizations in professional training;
e/ Organizing researches, surveys, seminars, workshops and exchange of experience on legal aid for legal aid professionals and collaborators of the center and its branch;
f/ Managing, supervising and inspecting according to its competence legal aid services provided by legal aid professionals, collaborators and other staffs of the center and its branches.
3. To request concerned agencies and organizations to coordinate in settling and supply information and documents on legal aid cases; to provide according to regulations allowances for collaborators engaged in legal aid services; to coordinate with other legal aid-providing organizations in verifying legal aid cases.
4. To be answerable before law for the provision of legal aid by legal aid professionals and collaborators of the center and its branches.
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6. To settle complaints in accordance with the Legal Aid Law and the law on complaints and denunciations; to settle disputes over legal aid according to its competence.
7. To make recommendations to competent state agencies on matters related to law enforcement as prescribed in Article 41 of this Decree.
8. To organize preliminary and final reviews and make reports and statistics on legal aid services in locality to state management agencies in charge of legal aid.
9. To propose rewards for collectives and individuals that record outstanding achievements in legal aid services in its locality.
10. To have other tasks and powers prescribed by law for non-business units and by the provincial-level People's Committee.
Article 9.- Organizational structure of centers
1. The center has a director, a deputy director and legal aid professionals. The director and the deputy director must be legal aid professionals.
2. The director of the center is its head and representative at law who is answerable before law and the director of the concerned provincial/municipal Justice Service for all tasks and powers of the center.
The deputy director of the center assists the director in one or several working domains assigned by the director and is accountable to the latter for the results of the assigned tasks. The deputy director is appointed, removed from office and dismissed by the director of the provincial/municipal Justice Service at the request of the director of the center.
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1. A legal aid professional who fully meets the following criteria may be proposed for appointment as director of a center:
a/ Having been involved in legal work for five years, including at least three years of being involved in legal aid services;
b/ Having full civil act capacity, good ethics and managerial capacity.
2. The president of the provincial-level People's Committee shall decide to appoint, remove from office or dismiss the director of the center at the request of the director of the provincial-level Justice Service.
3. The director of a center shall be removed from office in one of the following cases:
a/ He/she no longer satisfies criteria specified at Point b, Clause 1 of this Article;
b/ He/she changes to a new job, retires or ceases working due to loss of his/her working capacity;
c/ He/she is considered unable to fulfill his/her assigned tasks due to his/her health conditions, family circumstances or other plausible reasons.
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a/ He/she commits one of the acts defined in Article 9 of the Legal Aid Law and is considered ineligible for continuing his/her post;
b/ He/she seriously violates professional rules of legal aid services;
c/ He/she is disciplined in the form of dismissal from the current managerial post in accordance with the law on cadres and civil servants.
Article 11.- Legal position, names and tasks of branches
1. Branches of a center are its dependent units located in districts, towns or provincial cities (hereinafter referred to as districts) and subject to the management of the center. The center is answerable for all activities of its branches. Each branch has its own seal for transactions and legal aid services.
2. A branch of a center is named according to the serial number of its establishment and its name must show the name of its managing center.
3. Branches of a center shall provide legal aid in the forms prescribed in Article 27 of the Legal Aid Law and in this Decree and have other tasks and powers specified in the Regulation on organization and operation of their center promulgated by the president of the provincial-level People's Committee, and assigned by the director of the center.
Article 12.- Bases and procedures for establishment of branches
1. In order to create convenience for legal aid beneficiaries, the director of the provincial-level Justice Service shall base himself/herself on the demand for legal aid, the percentage of legal aid beneficiaries and the practical conditions of his/her locality to compile and submit dossiers on the establishment of branches of the center to the president of the provincial-level People's Committee for decision.
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2. Within 30 days after receiving the dossier, the president of the provincial-level People's Committee shall consider and decide to establish the branch and direct its departments and services to organize the implementation.
3. Within seven working days after receiving the decision on the establishment of the branch, issued by the president of provincial-level People's Committee, the director of the provincial/municipal Justice Service shall appoint the head of the branch and publish the following contents on three consecutive issues of a local newspaper:
a/ The name, address and telephone number of the branch;
b/ The date of issue of the establishment decision and the date of commencement of operation of the branch;
c/ The full name of the head of the branch;
d/ The scope and form of legal aid services provided by the branch.
Article 13.- Organizational structure of branches
1. A branch has a head and several legal aid professionals working on a full-time basis. The head of the branch must be a legal aid professional.
2. The head of a branch leads the branch and performs its tasks in accordance with the Regulation on organization and operation of the managing center and is answerable for his/her assigned tasks and powers before the center's director. The head of the branch shall be appointed, removed from office or dismissed by the director of the provincial/municipal Justice Service at the request of the director of the center.
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Article 14.- Payroll and material foundations of centers and branches
1. The provincial-level People's Committee shall base itself on the volume, nature and characteristics of professional operations and requirements of legal aid services to decide on the payrolls of the center and its branches and ensure funds, material foundations, equipment and facilities for the operation of the center and its branches from the local budget and other lawful sources.
2. The recruitment, use and management of cadres and civil servants of centers comply with the Government's regulations on recruitment, use and management of cadres and civil servants in state administrative agencies.
3. Centers and their branches may use non-business funds for the performance of legal aid tasks and operations specified in Article 8 of this Decree in accordance with law.
Annually, the director of a center shall base himself/herself on the tasks and powers of the center and its branches to estimate funds for their operation, including funds for regular operation, irregular expenses and funds for legal aid services, and report these estimates to the director of the provincial/municipal Justice Service and send them to the Finance Service for submission to the provincial-level People's Committee for decision.
The estimation, management, use and finalization of funds for operation of centers and their branches comply with the Law on the State Budget and guiding documents.
PARTICIPATION IN LEGAL AID SERVICES BY LAWYERS' OFFICES, LAW FIRMS AND LEGAL COUNSELING CENTERS
Article 15.- Procedures for registration for participation in legal aid services
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An application for registration for participation in legal aid services contains the following principal contents:
a/ The name, address and telephone number of the organization registering for participation in legal aid services;
b/ Expected legal aid beneficiaries, forms, scope and domains of legal aid.
2. Within seven working days after receiving a registration dossier, the provincial/municipal Justice Service shall grant a certificate of registration for participation in legal aid services to the applying organization and notify the grant to the concerned state legal aid center for coordination. In case of refusal, the provincial/municipal Justice Service shall notify the reason in writing.
3. Within seven working days after being granted a certificate of registration for participation in legal aid services, the organization which is granted the certificate shall publicize on local mass media the contents of its certificate. The provision of legal aid services is considered to start from the time of publicization of the certificate.
The registration for participation in legal aid is made free of charge.
Article 16.- Change of certificates of registration for participation in legal aid services
1. When there arise changes in the contents of its certificate of registration for participation in legal aid services, the lawyer's office, law firm or legal counseling center shall send an application for renewal of the certificate, together with the granted certificate to the provincial/municipal Justice Service which has granted the certificate.
2. Within seven working days after receiving the application, the provincial/municipal Justice Service shall grant a new certificate of registration for participation in legal aid services. In case of refusal, its shall notify the reason in writing.
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Article 17.- Withdrawal of certificates of registration for participation in legal aid services
1. The certificate of registration for participation in legal aid services shall be withdrawn when the legal aid-participating organization is disallowed to participate in providing legal aid services as prescribed in Clause 2, Article 48 of the Legal Aid Law.
2. The withdrawal of a certificate of registration for participation in legal aid services shall be decided by the director of the provincial/municipal Justice Service and be publicized on local mass media.
3. The lawyer's office, law firm or legal counseling center which has its certificate of registration for participation in legal aid services withdrawn may not further provide legal aid services and is not re-granted a certificate. It shall transfer legal aid cases it is processing to the center where it has registered for participation in legal aid services.
1. To provide legal aid within the scope of the certificate of registration for participation in legal aid services; to coordinate with the state legal aid center or its branches in order to effectively handle legal aid cases.
2. To request concerned agencies and organizations to supply information and documents related to legal aid cases for the provision of legal aid.
3. To introduce legal aid requestors to a state legal aid center or its branch to receive legal aid; to refuse or discontinue the provision of legal aid in the cases defined in Article 45 of the Legal Aid Law.
4. To be supported by the State in the training of legal aid-providing persons in legal aid knowledge and skills.
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6. To settle disputes over legal aid in accordance with the Legal Aid Law and relevant provisions of law.
7. To be commended and rewarded when recording outstanding achievements in providing legal aid services or making active contributions or support to the expansion and development of legal aid services in localities.
8. To abide by the principles of legal aid services and the provisions of law on legal aid when their members participate in legal aid services.
9. To be answerable before law for the provision of legal aid by lawyers and legal counselors under their management and compensate for damage caused by their faults during the process of providing legal aid to legal aid beneficiaries.
10. To be subject to the management of competent state agencies; to send reports and statistics on legal aid services according to regulations to provincial/municipal Justice Services with which they have registered.
LEGAL AID PROFESSIONALS AND COLLABORATORS
Section 1. LEGAL AID PROCESSIONALS
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The Legal Aid Department, the Justice Ministry, shall grant certificates of professional training in legal aid services to those who used to work as lawyers and those who have completed a legal profession-training course or are exempted from taking a legal profession-training course as prescribed by the Law on Lawyers, if these persons pass exams on professional legal aid activities.
3. The Justice Minister shall provide for the program and duration of a course of professional training in legal aid services; promulgate the Regulation on exams on professional legal aid activities and inspect the organization of courses of professional training in legal aid services.
Article 20.- Appointment as and removal from office of legal aid professionals
1. Those who meet all conditions specified in Clause 1, Article 21 of the Legal Aid Law and do not fall into one of the cases defined in Clause 3, Article 20 of the Legal Aid Law may be appointed as legal aid professionals.
The time of being involved in legal work prescribed at Point d, Clause 1, Article 21 of the Legal Aid Law means the time these persons worked as full-time cadres in charge of legal affairs in agencies, organizations or enterprises.
2. A legal aid professionals shall be removed from office in one of the following cases:
a/ He/she no longer satisfies criteria specified in Clause 1, Article 21 of the Legal Aid Law or falls into one of the cases defined in Clause 3, Article 20 of the Legal Aid Law;
b/ He/she changes to a new job, retires or ceases working due to loss of his/her working capacity;
c/ He/she is considered unable to fulfill his/her assigned tasks due to his/her health conditions, family circumstances or other plausible reasons;
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3. Presidents of provincial-level People's Committees shall decide on the appointment or removal from office of legal aid professionals at the proposal of directors of provincial/municipal Justice Services.
Article 21.- Procedures for appointment as legal aid professionals
1. The director of a center shall select among persons working in the center and its branches those who satisfy all conditions defined in Clause 1, Article 20 of this Decree and propose the director of the provincial/municipal Justice Service and compile and submit their dossiers to the president of the provincial-level People's Committee to appoint them as legal aid professionals.
A dossier of appointment as legal aid professional consists of:
a/ An official letter proposing the appointment as a legal aid professional, made by the director of the provincial/municipal Justice Service, enclosed with the written request of the director of the center;
b/ A CV of the person proposed for appointment as a legal aid professional, together with two color portrait photos of 2 cm x 3 cm;
c/ The certificate of professional training in legal aid services;
d/ The draft decision on the appointment as a the legal aid professional, enclosed with a blank legal aid professional's card.
2. Within 15 working days after receiving the dossier, the director of the provincial-level People's Committee shall consider and sign the appointment decision and the legal aid professional's card.
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1. Legal aid professional's cards certify the legal capacity of legal aid professionals to exercise their powers and responsibilities. Agencies, organizations and individuals shall create favorable conditions for legal aid professionals to exercise their powers and responsibilities in accordance with law.
2. During working hours and while providing legal aid, legal aid professionals shall carry and produce legal aid professional's cards upon request of competent agencies, organizations and individuals.
3. Legal aid professionals shall preserve their cards. They may not use their cards for personal or self-seeking purposes; when a legal aid professional loses his/her legal aid professional's card, he/she shall immediately notify the loss to the nearest police office and the director of his/her center.
4. Legal aid professionals who violate regulations on the use of legal aid professional's cards shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.
5. The form of legal aid professional's cards as well as the grant, renewal and withdrawal of those cards shall be prescribed by the Justice Minister.
Article 23.- Procedures for removal from office of legal aid professionals
1. Where a legal aid professional falls into one of the cases defined in Clause 2, Article 20 of this Decree, the director of the provincial/municipal Justice Service shall compile and submit a dossier to the president of the provincial-level People's Committee for consideration and decision.
A dossier of removal from office of a legal aid professional consists of:
a/ A written request for removal from office of the legal aid professional, made by the director of the provincial/municipal Justice Service, enclosed with the written request of the director of the center;
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c/ The draft decision on removal from office of the legal aid professional.
2. Within 15 days after receiving the dossier, the president of the provincial-level People's Committee shall consider and sign the decision to remove the legal aid professional from office.
Article 24.- Powers and responsibilities of legal aid professionals
1. While providing legal aid, legal aid professionals have rights and obligations as prescribed in Article 25 of the Legal Aid Law.
2. Legal aid professionals shall provide legal aid under the assignment of the director of their center or the head of their branch. Legal aid professionals shall be answerable before the director of their center and law for the performance of their tasks and the exercise of their powers. Those who work in a branch shall also be answerable before the branch's head.
3. When a legal aid professional causes damage while providing legal aid, the center where that person works shall pay compensation. The legal aid professional shall refund the compensated sum to the center in accordance with the law on cadres and civil servants.
Article 25.- Legal aid professional's ranks
1. Legal aid professional's ranks are similar to expert's ranks.
2. The Home Affairs Minister shall promulgate codes and professional criteria of legal aid professional's ranks.
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1. Legal aid professionals have their salaries paid according to the salary scale applicable to experts in state agencies.
2. Leaders of a center are entitled to leadership allowances according to general regulations applicable to state cadres and servants.
3. Legal aid professionals are entitled to a professional responsibility-based allowance equal to 25% of their current salary and an extra-seniority allowance (if any). When participating in legal proceedings, extrajudicial representation or reconciliation in legal aid, legal aid professionals are entitled to a case-based allowance equal to 10% of the remuneration level applicable to collaborators.
4. Where legal aid professionals take working trips to verify details of legal aid cases or to meet requirements of legal aid services, their travel and accommodation expenses shall be refunded in accordance with regulations on working-trip expenses applicable to state cadres and servants on domestic working trips.
5. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Justice in, issuing specific regulations on allowances for legal aid professionals and leadership allowances for leaders of the centers.
Article 27.- Procedures for recognition as collaborators and grant of collaborator's cards
1. Those who meet all conditions defined in Clause 1, Article 22 of the Legal Aid Law, do not fall into one of the cases defined in Clause 3, Article 20 of the Legal Aid Law and wish to act as collaborators shall send dossiers to the center in the locality where they reside or work.
A dossier of application for working as a collaborator consists of:
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b/ A copy of the bachelor's degree in law, the bachelor's degree in another major or the intermediate degree in law and the written certification of the time of being involved in legal work, issued by the agency or organization in which the applicant used to work or is working.
c/ A CV certified by the People's Committee of commune, ward or township where the applicant resides or by the agency in which the applicant works, together with two color portrait photos of 2 cm x 3 cm.
For an applicant who resides in an area with exceptional socio-economic difficulties, an ethnic minority or mountainous region and has legal knowledge and prestige in his/her community, apart from the documents prescribed at Points a and c above, the dossier of application must also consist of the written opinion of the officer in charge of legal affairs in the commune, ward or township (hereinafter collectively referred to as commune) where the applicant resides.
2. Within 15 days after receiving the dossier, the director of the center shall check the adequacy and validity of the dossier; if the dossier is valid, he/she shall submit it to the director of the provincial/municipal Justice Service for consideration, recognition and grant of a collaborator's card. Where the dossier is invalid, he/she shall return the dossier to the applicant and clearly notify the reason in writing.
3. Within seven working days after receiving the dossier submitted by the director of the center, the director of the provincial/municipal Justice Service shall consider and sign a recognition decision and grant a collaborator's card. In case of refusal, he/she shall notify the applicant of the reason in writing. The applicant may lodge a complaint about the refusal to recognize him/her as a collaborator and the grant of a collaborator's card. Such a complaint shall be settled in accordance with the law on complaints.
Article 28.- Collaboration contracts
1. Those who are recognized as collaborators and granted collaborator's cards are entitled to sign collaboration contracts with the center. The center has the responsibility to sign collaboration contracts with their collaborators. Collaborators may provide legal aid after signing collaboration contracts.
2. A collaboration contract signed between the center and a collaborator serves as a basis for identifying their responsibilities and powers in collaboration relations.
A collaboration contract must have the following principal contents:
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b/ Expected forms and domains of legal aid services to be provided by the collaborator in compliance with the provisions of Clause 2, Article 22 of the Legal Aid Law;
c/ Powers and responsibilities of the parties in their collaboration relations;
d/ Termination of the collaboration contract and settlement of disputes over the collaboration contract.
Article 29.- Use of collaborator's cards
1. When providing legal aid services, collaborators must carry and produce collaborator's cards at the request of competent agencies, organizations or individuals.
2. Collaborators shall preserve their collaborator's cards. They may not use their collaborator's cards for self-seeking or personal purposes. Collaborators may not use collaborator's cards in replacement of letters of introduction, people's identity cards or other personal papers; may not lend their collaborator's cards to others; and shall immediately notify the loss of their collaborator's cards to the director of the center of which they are collaborators.
3. Collaborators who violate regulations on the use of collaborator's cards shall, depending on the nature and seriousness of their violations, be subjected to termination of collaboration contract or withdrawal of collaborator's card, discipline, administrative sanction or examination for penal liability in accordance with law.
4. The form of collaborator's cards as well as the grant, renewal and withdrawal of those cards shall be prescribed by the Justice Minister.
Article 30.- Withdrawal of collaborator's cards
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a/ The collaborator fails to provide legal aid services within six months after being granted the collaborator's card, unless he/she has a plausible reason;
b/ The collaborator commits one of the acts defined in Article 9 of the Legal Aid Law;
c/ The collaborator falls into one of the cases defined in Clause 3, Article 20 of the Legal Aid Law;
d/ The collaborator terminates the collaboration contract signed with the center or fails to sign a collaboration contract with the center within 30 days after being granted the collaborator's card.
2. When a collaborator falls into one of the cases defined in Clause 1 of this Article, the director of the center shall issue a decision to terminate the collaboration contract signed with the collaborator and propose the director of the provincial/municipal Justice Service to withdraw the collaborator's card.
3. Within seven working days after receiving the proposal of the director of the center, the director of the provincial/municipal Justice Service shall issue a decision to withdraw the collaborator's card. The collaborator who has his/her collaborator's card withdrawn may not further provide legal aid.
Article 31.- Modes of operation of collaborators
Collaborators shall participate in legal aid services through:
1. Handling legal aid cases at the direct request of legal aid beneficiaries or under the assignment of the director of the center or the head of the branch.
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3. Providing legal aid within the scope of the collaboration contract signed with the center.
Article 32.- Benefits and responsibilities of collaborators
1. When participating in legal aid services, collaborators have the rights and obligations prescribed in Article 25 of the Legal Aid Law, and the following benefits and responsibilities:
a/ To receive remuneration and reasonable administrative sums in each specific cases in accordance with law;
b/ To make suggestions and proposals on the expansion or raising of efficiency of the operation of the center;
c/ To be commended or rewarded when recording outstanding achievements in legal aid services;
d/ To use collaborator's cards in accordance with Article 29 of this Decree; to turn in collaborator's cards when these cards are withdrawn in accordance with Article 30 of this Decree;
e/ To be answerable before the director of the center and law for the settlement of legal aid cases. Those who are working in a branch shall also be answerable before the head of the branch.
f/ When a collaborator causes damage while providing legal aid, the center in which the collaborator works shall pay compensation. The collaborator shall refund the compensated sum to the center in accordance with the civil law.
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1. When participating in legal aid services, collaborators are entitled to remuneration and reasonable administrative sums.
2. Collaborators enjoy remuneration for each legal aid case on the basis of the number of hours of providing legal counseling and other legal aid services. Workday-based remuneration is paid to collaborators who provide legal aid through participating in legal proceedings or extrajudicial representation.
The level of remuneration for collaborators in each legal aid case is set on the basis of the quality of legal aid provided, the time of providing legal aid, the complexity of the legal aid case, the result and form of legal aid. In case of providing legal aid in the form of participation in legal proceedings, the remuneration level is equal to that applicable to lawyers who participate in legal proceedings at the request of legal proceeding-conducting agencies.
The time of providing legal aid covers the time of studying the dossier of the case and preparing documents in service of the provision of legal aid, the time of meeting legal aid beneficiaries or their relatives, the time of verifying the legal aid case and the time of working at agencies and organizations related to the legal aid case. The working time of a collaborator is the working time certified by concerned individuals, agencies and organizations.
3. When settling a legal aid case, a collaborator is entitled to reasonable administrative sums to cover charges paid in accordance with the law on charges and fees, expenses for copying documents, expenses for communication with legal aid beneficiaries or their relatives and other reasonable expenses in direct service of the provision of legal aid. Reasonable administrative sums are determined based on charge or fee receipts or receipts issued by competent agencies, organizations and individuals.
A collaborator who takes working trips to settle a legal aid case is entitled to working-trip allowances like cadres and civil servants on working trips.
4. The center shall pay remuneration and reasonable administrative sums defined in Clauses 2 and 3 of this Article in accordance with state regulations. Funds for payment are included in the centers' annual budget.
5. Apart from remuneration and sums paid by centers, collaborators may not ask for any sum of money from legal aid beneficiaries or their relatives.
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Article 34.- Domains of legal aid
1. Penal law, criminal proceedings law and enforcement of penal judgments.
2. Civil law, civil proceedings law and enforcement of civil judgments.
3. Law on marriage, family and children.
4. Administrative law, law on complaints, denunciations and administrative proceedings.
5. Law on land, dwelling houses, environment and protection of consumers.
6. Law on labor, employment and insurance.
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8. Other domains of law related to national target programs on hunger eradication, poverty alleviation or directly related to fundamental rights and obligations of citizens.
Article 35.- Itinerant legal aid services
1. Itinerant legal aid services are provided as requested or in places far from centers, remote, deep-lying areas and areas with exceptional socio-economic difficulties.
2. Plans on provision of itinerant legal aid services are elaborated by centers or branches based on the findings of surveys on legal aid beneficiaries' demand for legal aid services, the requirements of socio-economic tasks in localities under the direction of provincial-level People's Committees or their own requirements.
3. Centers shall provide itinerant legal aid services directly or through their branches. When providing itinerant legal aid services, centers and their branches may mobilize representatives of concerned agencies and departments in localities. Those who participate in itinerant legal aid services are entitled to benefits and policies like cadres and civil servants on working trips.
4. Agencies, organizations and district- and commune-level People's Committees shall coordinate with and create favorable conditions for centers and their branches to provide itinerant legal aid services and mobilize collaborators to participate in legal aid services.
5. The organization of itinerant legal aid services must be notified in advance in writing to the People's Committees of localities where itinerant legal aid services are to be organized. After each drive of itinerant legal aid services, centers and branches shall make reports and notify the results of itinerant legal aid services to the People's Committees of localities where itinerant legal aid services have been organized and to concerned agencies and departments.
A report on itinerant legal aid services must clearly state matters already solved, matters to be solved by agencies, departments and People's Committees according to their responsibilities and powers, cases to be further settled by the center or branch and suggestions and proposals on law enforcement in the concerned locality. The center or branch shall report results of itinerant legal aid services to the director of the provincial/municipal Justice Service and the president of the People's Committee of the district where itinerant legal aid services have been organized. In special cases where there are burning issues, it shall also report to the president of the provincial-level People's Committee on the enforcement of law at the grassroots level and propose measures to raise the effectiveness of the performance of public duties in the locality.
Article 36.- Activities of legal aid clubs
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2. Legal aid beneficiaries currently residing and working in communes may join legal aid clubs in accordance with the clubs' operation charters already approved by a competent state agency.
3. A legal aid club is directly run by the commune-level Justice Board. Monthly, the Justice Board shall organize the legal aid club's law-related activities under the guidance of the center or branch. Expenses for activities of a legal aid club, including expenses for copying documents and some other reasonable expenses, are covered by the center. The commune-level People's Committee shall support and create favorable conditions in terms of venue and drinks.
4. Presidents of commune-level People's Committees shall decide to establish and approve the charters of, legal aid clubs on the basis of the model charter issued by the Justice Minister.
Article 37.- Law-specialized activities
1. Law-specialized activities means talks and meetings organized by centers or branches on specialized legal subjects directly related to fundamental civic rights and obligations at grassroots level which are often problematic to the people and of interest to many.
2. Law-specialized activities are organized in combination with itinerant legal aid services and activities of legal aid clubs or organized independently in residential areas at the request of local authorities.
3. Legal aid-providing persons who are designated by centers or branches to participate in law-specialized activities are entitled to benefits and policies prescribed for cadres and civil servants on working trips.
4. Agencies, organizations and local administrations shall coordinate with and create favorable conditions for centers or branches to organize law-specialized activities.
Article 38.- Participation in legal proceedings
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2. Within three working days after issuing decisions on the designation of persons to participate in legal proceedings, directors of centers or heads of branches shall send the decisions to legal proceeding-conducting agencies, legal aid beneficiaries and legal aid-providing persons.
3. Directors of centers and heads of branches shall be answerable before law for the designation of persons to participate in legal proceedings, ensuring their eligibility as required by the law on legal aid.
4. Centers and branches shall coordinate with legal proceeding-conducting agencies in supervising and managing the process of providing legal aid in legal proceedings by legal aid professionals or lawyers being collaborators who are designated by centers or branches so as to ensure the quality and effectiveness of their operation and the observance of the principles of legal aid services and other relevant provisions of law.
5. In case of changing legal aid-providing persons, centers or branches shall designate other qualified persons to continue handling legal aid cases.
Article 39.- Extrajudicial representation
1. At the request of legal aid beneficiaries or their lawful representatives, directors of centers or heads of branches shall issue decisions to designate legal aid professionals or lawyers being collaborators to act as extrajudicial representatives in accordance with Articles 30 and 40 of the Legal Aid Law.
2. Within three working days after issuing decisions on the designation of extrajudicial representatives, directors of centers or heads of branches shall send these decisions to legal aid beneficiaries, legal aid-providing persons and agencies, organizations and individuals related to the cases for which representation is required.
3. Agencies, organizations and individuals related to the cases for which representation is required shall coordinate with and create favorable conditions for those who are designated as representatives to exercise their rights and powers in accordance with law.
4. Directors of centers and heads of branches shall be answerable before law for the designation of extrajudicial representatives, ensuring their eligibility as required by the law on legal aid.
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6. In cases of changing legal aid-providing persons, centers and branches shall designate other qualified persons to continue handling legal aid cases.
Article 40.- Reconciliation in legal aid
1. As requested or agreed by one or several parties, the legal aid-providing organization shall appoint a legal aid-providing person to act as an intermediary to analyze details of the case, explain legal provisions and guide the involved parties to negotiate and agree on the method of settling the case without bringing the case to the court or competent agency, to voluntarily withdraw their petitions, settle disputes by themselves and abide by the results of settlement of the case.
2. Reconciliation is also conducted when it is necessary to preserve community solidarity, maintain social order and safety, and protect legitimate rights and interests of involved parties, except for cases where reconciliation is not permitted by law.
3. Reconciliation must be recorded in writing. A written reconciliation record must clearly state the result of the reconciliation process, opinions of the legal aid-providing person and involved parties on the case and signatures of the parties to indicate that they will voluntarily implement the reconciliation result. Written reconciliation records shall be kept in the dossiers of legal aid cases.
Article 41.- Recommendations on law enforcement
1. When there are enough grounds to believe that the ways of settlement of cases by competent state agencies are incompliant with the provisions of law, causing damage to legal aid beneficiaries, legal aid-providing persons shall propose these state agencies to reconsider and resettle the cases in order to protect legitimate rights and interests of legal aid beneficiaries. In their recommendations, legal aid-providing organizations shall clearly state the contents of the cases, applicable legal grounds and directions for settling the cases, and they are answerable for the correctness of their recommendations.
2. When receiving written recommendations of legal aid-providing organizations, state agencies competent to settle the cases shall consider and settle the recommendations and gives written replies within 30 days after receiving such recommendations. If there are plausible reasons, the above time limit may be extended but must not exceed 45 days, except for cases where the time limit for giving replies is prescribed by law. Past the above time limit, if state agencies competent to settle the cases fail to give their replies, legal aid-providing organizations may forward their recommendations to leaders of superior agencies of these competent state agencies for the latter to take directing and handling measures.
3. When settling the cases, if legal aid-providing organizations detect that state cadres and civil servants deliberately commit wrongdoings or infractions, causing damage to legal aid beneficiaries, they shall propose agencies that directly manage these persons to consider and settle the enforcement of law by these persons. In their recommendations, legal aid-providing organizations shall clearly state the grounds, details and contents of the cases, and they are answerable for the correctness of their recommendations.
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Article 42.- Other forms of legal aid services
1. When legal aid beneficiaries cannot carry out by themselves administrative procedures during the process of exercising fundamental civic rights and obligations, centers or branches shall designate legal aid professionals or lawyers being collaborators to help them.
2. In order to provide legal assistance to legal aid beneficiaries during the process of lodging complaints in accordance with the law on complaints, centers and branches shall designate legal aid professionals or collaborators being lawyers to participate in the process of settling complaints.
3. To supply legal information, leaflets, booklets, law handbooks and other law publications and documents through itinerant legal aid services, legal aid clubs and law-specialized activities; to supply copies of legal documents with articles and clauses related to legal aid cases, and addresses of agencies, organizations and individuals that are competent to settle the cases as prescribed by law.
Article 43.- Criteria for evaluating the quality of legal aid cases
1. Criteria for evaluating the quality of legal aid cases are grounds for the inspection and re-evaluation of the process of providing legal aid, the observance of professional rules and the application of law by legal aid-providing persons; and serve as a basis for identifying the responsibilities of legal aid-providing persons for legal aid cases and the levels of remuneration for legal aid-providing persons;
2. Criteria for evaluating the quality of legal aid cases are formulated based on the following principal contents:
a. The lawfulness, conformity with social ethics, objectiveness, truthfulness and comprehensiveness of legal aid cases, striving to best protect legitimate rights and interests of legal aid beneficiaries;
b. The observance of law, social ethics and professional rules of legal aid services by legal aid-providing persons;
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d. Time of providing legal aid, including the time of studying dossiers and documents related to the legal aid case, collecting and verifying facts related to the legal aid case and meeting legal aid beneficiaries or their relatives, the time of working at agencies and organizations or with individuals related to the legal aid case, and the time of studying legal provisions in service of the settlement of legal aid cases.
e. The satisfaction of legal aid beneficiaries about the result of the legal aid case and the service attitude of legal aid-providing persons; feedbacks from relevant agencies, organizations and individuals, and legal consequences arising from the legal aid case.
3. The Justice Minister shall promulgate a set of criteria for evaluating the quality of legal aid cases.
RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES FOR LEGAL AID SERVICES
Article 44.- Responsibilities of the Justice Ministry in performing state management of legal aid
1. The Justice Ministry is answerable before the Government for the performance of the state management over legal aid and has the following tasks and powers:
a. To elaborate and promulgate according to its competence or propose competent state agencies to promulgate, guide and organize and supervise the implementation of legal documents on legal aid services; to study and elaborate strategies, plans and plannings on the development of legal aid services and organize the implementation of these strategies, plans and plannings;
b. To promulgate regulations on professional guidance on and rules of legal aid services; the model charter on organization and operation of a state legal aid center, regulations on collaborators, internal rules of legal aid-providing venues, and a set of criteria for evaluation of the quality of legal aid cases.
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d. To organize professional training and re-training for legal aid-providing persons and grant certificates of professional training in legal aid services; to issue the forms of the certificate of registration for participation in legal aid services, legal aid professional's and collaborator's card, application for working as a collaborator, request for legal aid, legal aid-provision slip and other papers; and to print documents on legal aid;
e. To make reports and statistics on legal aid services according to regulations;
f. To direct, guide, set up and manage the Legal Aid Fund;
g. To examine and inspect legal aid-providing organizations and legal aid activities; in case of necessity, to re-inspect and re-evaluate the quality of legal aid cases; to settle complaints and denunciations related to legal aid in accordance with law; to perform commendation and disciplinary work and handle violations in legal aid;
h. To implement international cooperation in legal aid;
i. To perform other tasks in accordance with law.
2. The Legal Aid Department under the Justice Ministry is the agency which performs the state management and line management of legal aid and has the function of assisting the Justice Minister in performing the above tasks and powers.
Ministries, ministerial-level agencies and government-attached agencies shall, within the scope of their functions, tasks and powers, coordinate with the Justice Ministry in performing the state management of legal aid and have the following tasks and powers:
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2. To guide, urge and inspect their attached agencies and units in the implementation of the law on legal aid.
3. To direct their attached units to coordinate in thoroughly settling recommendations on the law enforcement.
1. Provincial-level People's Committees shall, within the scope of their tasks and powers, perform the state management of legal aid in their localities and have the following tasks and powers:
a. To promulgate according to their competence or propose the People's Councils of the same level to promulgate legal documents on legal aid; to guide, organize and supervise the enforcement of the law on legal aid in localities;
b. To decide to set up state legal aid centers and promulgate regulations on the organization and operation of these centers on the basis of the model Regulation on organization and operation of a legal aid center, issued by the Justice Minister.
c. To manage the provision of legal aid services by centers and their branches and the participation in legal aid services by lawyer's offices, law firms and legal counseling centers in localities;
d. To manage legal aid-providing persons in localities; to propose the People's Councils of the same level to approve payrolls of centers and their branches; to organize professional training courses for legal-aid providing persons in localities;
e. To direct provincial/municipal Justice Services to perform their tasks and powers in accordance with the Legal Aid Law and this Decree; to direct specialized agencies under their management and lower-level People's Committees and justice agencies to coordinate with centers and their branches in providing legal aid services in localities;
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g. To inspect, examine and settle complaints and denunciations, perform commendation work and handle violations of the law on legal aid in accordance with law;
h. To make reports and statistics and organize preliminary and final reviews on legal aid services in localities according to regulations.
2. Provincial/municipal Justice Services shall assist provincial-level People's Committees in performing tasks and powers defined in Clause 1 of this Article and take charge of coordinating with other provincial-level services and departments in performing the state management of legal aid in localities.
Article 47.- Transition provisions
From January 1, 2007, when the Law on Legal Aid took legal effect:
1. State legal aid centers set up under the Prime Minister's Decision No. 734/TTg of September 6, 1997, shall switch to operate under the provisions of the Legal Aid Law and this Decree.
2. For branches of state legal aid centers which have been set up under decisions of provincial/municipal Justice Services, presidents of provincial-level People's Committees shall consider and decide on their re-establishment in accordance with the provisions of the Legal Aid Law and this Decree.
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4. Other legal aid-providing organizations which do not fall into cases defined in Clauses 2 and 3 of this Decree shall be dissolved or transformed into collaborators' groups of state legal aid centers.
5. Legal aid experts working in state legal aid centers who already passed the exams on professional operations of legal aid services organized by the Justice Ministry, and are eligible for working as legal aid professionals before the effective date of this Decree will be granted certificates of professional training on legal aid services.
6. Directors of state legal aid centers shall scrutinize the eligibility of their collaborators. Those who satisfy all criteria defined in Article 22 of the Legal Aid Law may continue working and use their collaborator's cards already granted. For those who have been recognized as collaborators no longer satisfy the criteria defined in Article 22 of the Legal Aid Law, the directors shall issue decisions to terminate their collaboration contracts and propose directors of provincial/municipal Justice Services to withdraw their collaborator's cards.
7. All acts of violating regulations on legal aid shall be examined and handled in accordance with the Legal Aid Law and relevant legal documents.
Article 48.- Implementation effect
This Decree takes effect 15 days after its publication in "CONG BAO."
All previous regulations contrary to this Decree are hereby annulled.
Article 49.- Implementation effect
Ministers, heads of ministerial-level agencies and Government-attached agencies, presidents of provincial/municipal People's Committees shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
- 1Decree No. 05/2012/ND-CP of February 02, 2012, amending and supplementing a number of articles of the Decrees on secured transaction registration, legal aid, lawyers and legal counseling
- 2Decree No. 14/2013/ND-CP, of February 5, 2013, amending the Government’s Decree No. 07/2007/ND-CP detailing and guiding a number of articles of the Law on Legal Aid
- 3Decree No. 14/2013/ND-CP, of February 5, 2013, amending the Government’s Decree No. 07/2007/ND-CP detailing and guiding a number of articles of the Law on Legal Aid
Decree of Government No.07/2007/ND-CP of January 12, 2007 detailing and guiding the implementation of a number of articles of the law on legal aid
- Số hiệu: 07/2007/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 12/01/2007
- Nơi ban hành: Chính phủ
- Người ký: Nguyễn Tấn Dũng
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra