Circular No. 01/2010/TT-BTP detailing and guiding the implementation of certain provisions of the Government Decree No. 77/2008/NĐ-CP dated July 16, 2008 on legal consultation services.

CIRCULAR

Regulations detailing and guiding the implementation of certain provisions of

||| Decree No. 77/2008/NĐ-CP dated July 16, 2008 of the Government on legal advisory services

||| Decree No. 77/2008/NĐ-CP dated July 16, 2008 of the Government on legal advisory services;

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||| The Ministry of Justice promulgates detailed regulations and provides guidance for implementation of certain provisions of Decree No. 77/2008/NĐ-CP dated July 16, 2008 of the Government on legal advisory services (hereinafter referred to as Decree No. 77/2008/NĐ-CP) as follows:

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

||| ORGANIZATION AND OPERATIONS OF LEGAL ADVISORY CENTERS

PART I

||| Article 1. Legal education institutions and specialized legal research institutions establish Legal Advisory Centers

||| Legal education institutions specializing in law and specialized legal research institutions may establish Legal Advisory Centers in accordance with the provisions of Decree No. 77/2008/NĐ-CP, including:

||| 1. Legal education institutions that have been established legally according to the decision of competent state agencies, having full legal personality, and being permitted to provide legal education and issue university law diplomas or secondary law diplomas.

||| 2. Legal research institutions that have been established legally, having full legal personality, and having functions and tasks related to legal scientific research.

||| Article 2. Organizational structure of Legal Advisory Centers

||| 1. The organizational structure of Legal Advisory Centers as stipulated in Clause 2, Article 6 of Decree No. 77/2008/NĐ-CP includes: Director, legal advisors or lawyers practicing individually under labor contracts (hereinafter referred to as lawyers), accountant, cashier. Legal Advisory Centers may also have Deputy Directors and other staff members.

||| 2. The Director of the Center shall be selected and appointed by the managing organization from among the legal advisors or lawyers of the Center. The Director of the Center shall not concurrently hold the position of Branch Manager. The Director is the legal representative of the Center, responsible before the managing organization and the law for all activities of the Center.

||| 3. The rights and obligations of the Deputy Director and other issues related to the organization and operation of Legal Advisory Centers shall be regulated by the managing organization.

||| Article 3. Legal advisory activities

||| Legal advisory activities of Legal Advisory Centers as stipulated in Clause 1, Article 7 of Decree No. 77/2008/NĐ-CP include:

||| 1. Guidance and legal advice;

||| 2. Legal consultation and provision of legal opinions;

||| 3. Drafting petitions, contracts, wills, and other documents;

||| 4. Provision of legal texts and legal information;

||| 5. Representation outside litigation for the person receiving legal advice to perform tasks related to the law, except where otherwise provided by law.

||| Article 4. Regulations on the organization and operations of Legal Advisory Centers

||| The regulations on the organization and operations of Legal Advisory Centers issued by the managing organization as stipulated in Point c, Clause 1, Article 13 of Decree No. 77/2008/NĐ-CP shall include the following main contents:

||| 1. Name and principal address of the Legal Advisory Center;

||| 2. Scope of operations;

||| 3. Organizational structure, management, and operational control of the Legal Advisory Center;

||| 4. Rights and obligations of the Director, Deputy Director, legal advisors, lawyers, and other staff members of the Legal Advisory Center;

||| 5. Liability compensation system for damages caused by legal advisors, lawyers, Directors, Deputy Directors, and other positions while performing their duties;

||| 6. Financial and accounting systems of the Legal Advisory Center;

||| 7. Fee schedules for legal advisory services and methods of calculating fees as prescribed in Articles 8 and 9 of this Circular when the Center provides paid legal advisory services;

||| 8. Provisions on the management and utilization of legal advisory volunteers;

||| 9. Provisions on the cessation of operations of the Legal Advisory Center;

||| 10. Provisions on the establishment of Branches of the Legal Advisory Center (if applicable);

||| 11. Procedures for amending and supplementing the regulations on the organization and operations of the Legal Advisory Center;

||| 12. Effective date.

12. Effective date of implementation.

Article 5. Registration of Legal Consultation Center's Activities

1. The registration dossier for activities as prescribed in Clause 1, Article 13 of Decree No. 77/2008/ND-CP shall be directly submitted by the Legal Consultation Center to the Department of Justice at the location where the Center plans to establish its headquarters; the number of dossiers is one set.

2. The application for registration of activities according to Form TP-TVPL-01 issued together with this Circular.

3. The dossier of the person applying for issuance of a Legal Consultant Card includes the documents already stipulated in Clause 1, Article 20 of Decree No. 77/2008/ND-CP.

4. The dossier of lawyers includes the following documents:

a) A copy of the Lawyer Practice Registration Certificate for individual lawyers as provided for in the Lawyers Law;

b) A copy of the labor contract signed between the lawyer and the Center, or a commitment letter from the managing organization regarding the recruitment of that lawyer to work at the Center in cases where no labor contract has been signed.

5. Documents confirming the office premises of the Legal Consultation Center include one of the following types of documents:

a) A copy of the lease agreement or a copy of the loan agreement for the Center's office premises;

b) A confirmation document from the managing organization regarding the office premises of the Center;

c) A copy of the Ownership Certificate of the Center Director or Branch Manager, legal consultant, or lawyer of the Center or Branch, in cases where they use their own property as office premises;

d) Other documents proving the office premises of the Center.

6. The registration certificate for the Legal Consultation Center's activities shall be made in two copies; one copy is issued to the Legal Consultation Center, and one copy is kept at the Department of Justice. Within seven working days from the date of issuing the registration certificate for the Legal Consultation Center's activities, the Department of Justice shall send one copy of the registration certificate for the Center's activities to the Ministry of Justice.

Article 6. Registration of Branch Activities

1. The name of the Branch of the Legal Consultation Center must include the phrase "Branch of the Legal Consultation Center." In cases where the Center establishes two or more Branches, the names of the Branches must be distinct from each other.

2. The registration dossier for Branch activities of the Legal Consultation Center as prescribed in Clause 5, Article 14 of Decree No. 77/2008/ND-CP consists of one set of the following documents:

a) Application for registration of activities (Form TP-TVPL-02);

b) A copy of the registration certificate for the Legal Consultation Center's activities;

c) Decision of the managing organization on establishing the Branch and appointing the Branch Manager;

d) Documents confirming the office premises of the Branch including the types of documents prescribed in Clause 5, Article 5 of this Circular;

đ) A fee schedule for legal consultation services of the Branch consistent with the fee schedule of the Legal Consultation Center, in cases where the Branch provides paid legal consultation services;

e) Dossier of the person applying for issuance of a Legal Consultant Card, and of lawyers working for the Branch as prescribed in Clause 3 and Clause 4, Article 5 of this Circular.

3. Within seven working days from the date of receiving a complete and valid dossier, the Department of Justice at the location of the Branch's headquarters is responsible for issuing the registration certificate for the Branch; in case of refusal, it must notify the reason in writing to the applicant. The registration certificate for the Branch shall be made in two copies; one copy is issued to the Branch, and one copy is kept at the Department of Justice.

Article 7. Changing the Content of Registration for Legal Consultation Centers and Branches

1. Within ten working days from the date of the decision to change the headquarters or the Director of the Center, the Head of the Branch, legal consultants, or lawyers, the Legal Consultation Center or Branch must submit a written notice to the Department of Justice at the place of registration regarding the changes, along with the original Registration Certificate and the following documents:

a) A certificate confirming the new headquarters of the Center or Branch in case of a change in headquarters;

b) The decision on appointing the Director of the Center or the Head of the Branch in case of a change in the Director of the Center or the Head of the Branch;

c) The application file for issuing a Legal Consultant Card, and the lawyer's file in case of adding legal consultants or lawyers. The Department of Justice will examine and issue the Legal Consultant Card for the person proposed.

2. Within seven working days from the date of receiving complete and valid files, the Department of Justice shall record the aforementioned changes in the Registration Certificate of the Center or Branch and return the original Registration Certificate to the Center or Branch after completing the procedures.

3. During the course of operation, if the managing organization decides to change the fee rate or amend and supplement the organizational and operational regulations of the Center, the Legal Consultation Center shall be responsible for submitting the fee schedule and the new regulations to the Department of Justice at the place of registration of the Center.

Article 8. Legal Consultation Fees and Financial and Accounting Systems

1. The fees obtained from legal consultation activities and other operating funds of the Legal Consultation Center as stipulated in Article 9 of Decree No. 77/2008/NĐ-CP shall be used to cover the operations of the Center and Branches including:

a) Expenses for regular activities of the Center and Branches; salaries and allowances for the Director, Deputy Directors, Heads of Branches, legal consultants, lawyers, legal consulting collaborators, and other staff members;

b) Purchase of equipment, maintenance, and regular repairs of facilities; office supplies, books, newspapers, professional materials, databases, and other necessary means serving legal consultation activities;

c) Direct expenses for meetings, conferences, promotional work, vocational training, and travel outside the headquarters of the Center and Branches;

d) Other reasonable expenses serving the work of the Center and Branches.

2. The collection of fees by the Legal Consultation Center and Branches must be carried out based on legal service contracts established in writing, except for simple consultations conducted through request forms provided by the Center and Branches.

3. Legal service contracts include the following main contents:

a) Name and address of the client or the client's representative;

b) Name and address of the Legal Consultation Center or Branch and its representative;

c) Content of the work; duration of the contract;

d) Rights and obligations of the parties;

d) Method of calculation and specific amount of fees; any incidental costs (if applicable);

e) Liability for breach of contract;

f) Dispute resolution method.

4. The Legal Consultation Center and Branches shall implement financial and accounting operations according to the financial and accounting systems of the managing organization; record accounting entries for income and expenses, and preserve and store accounting ledgers and records in accordance with laws on finance, accounting, and archiving.

5. The Legal Consultation Center and Branches shall fulfill tax obligations in accordance with tax laws.

Article 9. Basis and Method for Calculating Legal Consultation Fees

1. The level of legal consultation fees for a case or matter shall be calculated based on the following grounds:

a) Content and nature of the work;

b) Time and effort of the lawyer, legal consultant, and legal consulting collaborator in performing the work;

c) Experience and reputation of lawyers, legal consultants, and legal consulting collaborators of the Center.

2. Fees shall be calculated according to the following methods:

a) Hours worked by the lawyer, legal consultant, and legal consulting collaborator;

b) Cases or matters with a fixed fee package;

c) Long-term contracts with fixed fees.

3. The remuneration of lawyers working for the Legal Consultation Center when participating in criminal litigation shall be implemented in accordance with the provisions of the Lawyers Law. The remuneration of lawyers working for the Legal Consultation Center when participating in civil litigation, administrative proceedings, and other fields shall be carried out through agreements between the Legal Consultation Center, Branch, and customers, in accordance with the fee schedule prescribed by the managing organization.

Article 10. Record Keeping of Work and Archiving of Files

1. The Legal Consultation Center and Branch must implement record keeping of work, specifically as follows:

a) Work tracking ledger: general tracking of the Center's and Branch's work (Annex I of this Circular);

b) Free legal consultation service tracking ledger (Annex II);

c) Tracking ledger for cases with remunerative consultations: in cases where remunerative consultations are provided through legal service contracts and request forms (Annex III).

2. The types of ledgers stipulated in Clause 1 of this Article and work files must be kept at the headquarters of the Center and Branch. Recording, preservation, and archiving of the types of tracking ledgers, work files, labor contracts, and collaboration contracts shall be carried out in accordance with the laws on archives, statistics, labor, and other relevant laws.

Article 11. Procedures for Terminating Operations of the Center and Branch

1. In the event of termination of operations of the Legal Consultation Center pursuant to the decision of the managing organization as stipulated in Clause 2 of Article 16 of Decree No. 77/2008/NĐ-CP, the managing organization must return the Registration Certificate of the Legal Consultation Center to the Department of Justice that issued the Registration Certificate within fifteen days from the date of termination of operations.

2. In the event of termination of operations of the Branch of the Legal Consultation Center as prescribed in point a and point c of Clause 4 of Article 16 of Decree No. 77/2008/NĐ-CP, the Legal Consultation Center establishing the Branch must complete procedures to terminate labor contracts signed with lawyers and staff of the Branch, and terminate collaboration contracts. The Center has the responsibility to negotiate with individuals and organizations requesting legal consultation about the handling of cases that the Branch has accepted but not yet completed or transfer cases for the Center to continue implementing. The termination of operations of the Branch shall be carried out within the time limit specified in Clause 2 and Clause 3 of Article 16 of Decree No. 77/2008/NĐ-CP. Within fifteen days from the date of termination of operations of the Branch, the Legal Consultation Center must return the Registration Certificate of the Branch to the Department of Justice that issued the Registration Certificate.

Article 12. Revocation of the Registration Certificate for Legal Consultation Centers and Branches

1. In cases where Legal Consultation Centers and Branches do not meet the number of lawyers and legal advisors as prescribed in Decree No. 77/2008/NĐ-CP, within sixty days, the managing organization shall be responsible for supplementing lawyers or legal advisors to ensure compliance with the conditions. If beyond the aforementioned period, Legal Consultation Centers and Branches still fail to meet the required number of lawyers and legal advisors, the Director of the Department of Justice that issued the Registration Certificate shall issue a decision to revoke the Registration Certificate of the Legal Consultation Center or Branch. The revocation decision shall be sent to the Legal Consultation Center or Branch, the managing organization, the Ministry of Justice, and state management agencies concerning labor, tax, and seals.

2. In other cases prescribed in Clause 1, Article 17 of Decree No. 77/2008/NĐ-CP, or in cases where Legal Consultation Centers and Branches are administratively punished with the supplementary penalty of having their Registration Certificate revoked indefinitely, the Legal Consultation Center or Branch will have its Registration Certificate revoked. Within fifteen working days from the date of the administrative punishment decision, the Director of the Department of Justice that issued the Registration Certificate shall issue a decision to revoke the Registration Certificate of the Legal Consultation Center or Branch. The revocation decision shall be sent to the Legal Consultation Center or Branch, the managing organization, the Ministry of Justice, and state management agencies concerning labor, tax, and seals.

3. Legal Consultation Centers and Branches whose Registration Certificates are revoked must comply with the procedures to terminate operations as stipulated in Article 16 of Decree No. 77/2008/NĐ-CP and Article 11 of this Circular.

Article 13. Responsibilities of Managing Organizations Regarding the Organization and Operation of Legal Consultation Centers

1. Establish and maintain the operation of Legal Consultation Centers under their organizations in accordance with the objectives, purposes, and regulations of the managing organization.

2. Provide conditions regarding premises, personnel, operating funds, and other necessary conditions for the operation of Legal Consultation Centers.

3. Specify the level of remuneration, principles for collecting and disbursing remuneration when Legal Consultation Centers provide paid legal advice, ensuring the principle of covering expenses without aiming for profit and being consistent with the operational conditions of the managing organization and the actual situation at the local level.

4. Create conditions for Legal Consultation Centers affiliated with educational institutions and specialized legal research centers to implement practical legal activities for students and lecturers, and support legal scientific research.

5. Regularly inspect the organization, operation, financial system, and collection of remuneration by Legal Consultation Centers and Branches; coordinate with competent state management agencies during inspections of organizational and advisory activities; handle violations within their authority according to the Charter of the organization and relevant laws.

6. Organize training courses for legal advisors, lawyers, and legal consultation volunteers of Legal Consultation Centers under their organizations.

7. Provide information about the organization and legal advisory activities of their Legal Consultation Centers when requested by competent state management agencies.

8. Resolve complaints and denunciations against Legal Consultation Centers and Branches within their authority.

9. Perform other tasks according to the Charter and regulations of the managing organization and relevant laws.

Chapter II

LEGAL ADVISORS

Article 14. Legal Counselors

1. A legal counselor may only work for one Legal Counseling Center or Branch. A legal counselor may concurrently hold another position within their managing organization but must ensure that such work does not affect their legal counseling activities.

2. The legal counselor card shall be issued upon request of the Legal Counseling Center or Branch in cases where the Center or Branch registers its operation or supplements legal counselors.

Article 15. Revocation of the Legal Counselor Card

1. In case a person who has been issued a legal counselor card falls under any of the circumstances stipulated in Clause 2, Article 20 of Decree No. 77/2008/ND-CP, the Legal Counseling Center where such person works must submit a written request to the Department of Justice at the place issuing the legal counselor card to revoke the legal counselor card within thirty days from the date of discovering that such person no longer meets the criteria of a legal counselor.

2. Within seven working days from the date of receiving the written request, the Director of the Department of Justice shall issue a decision to revoke the legal counselor card. The revocation decision shall be sent to the Legal Counseling Center, Branch, managing organization, Ministry of Justice, and relevant state management agencies on labor and tax.

Article 16. Reissuance of the Legal Counselor Card

1. In case the legal counselor card is lost or damaged and cannot be used anymore, the legal counselor must submit to the Legal Counseling Center or Branch where they work a set of documents requesting reissue of the legal counselor card, including:

a) An application for issuance of the legal counselor card, with confirmation from the Legal Counseling Center or Branch regarding the condition of the legal counselor card;

b) Two passport-sized photographs measuring 2 cm x 3 cm;

c) The old legal counselor card (in case it is damaged).

2. The Legal Counseling Center or Branch is responsible for submitting the application for reissue of the legal counselor card to the Department of Justice. Within seven working days from the date of receiving complete and valid documents, the Department of Justice is responsible for reissuing the legal counselor card to the applicant.

Article 17. Lawyers Working for Legal Counseling Centers, Branches

1. A lawyer practicing individually working for a Legal Counseling Center or Branch is a lawyer who has registered to practice individually in accordance with the provisions of the Lawyer Law.

2. Lawyers working for Legal Counseling Centers, Branches under fixed-term or indefinite-term employment contracts signed between the Legal Counseling Center or Branch and the lawyer.

3. The scope of practice, rights, and obligations of lawyers are carried out in accordance with the employment contract consistent with the provisions of the Lawyer Law, Decree No. 77/2008/ND-CP, and labor laws.

4. The participation in litigation activities of lawyers working for Legal Counseling Centers must comply with the provisions of the law on litigation procedures and the Lawyer Law.

Article 18. Legal Counseling Collaborators

1. Vietnamese citizens residing in Vietnam with full civil capacity, good moral character, not being pursued for criminal responsibility or having been convicted without having their criminal record expunged, and falling under any of the following circumstances may serve as legal counseling collaborators:

a) Persons holding a bachelor's degree in law or another bachelor's degree working in fields or professions related to the rights and obligations of citizens.

b) Persons who have held or are currently holding positions such as lawyers, notaries, arbitrators, and other judicial positions.

c) Persons residing in areas with special economic and social difficulties, ethnic minority and mountainous regions: - Persons holding a diploma in law; - Persons with three years or more experience in legal work including legal officers working in the judiciary or legal departments of various agencies, organizations, armed forces units; people's assessors; persons working in other sectors with knowledge of the law. - Members of mediation teams; members of the Management Board of Legal Aid Clubs; village elders; village chiefs, neighborhood chiefs, hamlet chiefs, commune chiefs, clan chiefs; representatives of political and social organizations at the grassroots level are persons with legal knowledge and prestige in the community.

2. The Legal Counseling Center or Branch issues a collaborator card to legal counseling collaborators of the Center or Branch according to Model TP-TVPL-09 promulgated together with this Circular.

3. The list of legal counseling collaborators of the Legal Counseling Center or Branch must be posted at the headquarters of the Center or Branch. The Legal Counseling Center or Branch must notify in writing the managing organization and the Department of Justice at the place registering the operation about the list of collaborators, at the latest ten working days from the date of adding or removing collaborators from the list during the course of operation.

Chapter III

REPORTING AND INSPECTION REGIME

Article 19. Reporting System

1. Annually, the Legal Counseling Center reports to the Department of Justice at the place registering the operation and the managing organization about the organization and activities of the Center and its branches. The annual report must be submitted no later than September 30. The data in the report covers the period from October 1 to September 30 of the following year. In addition to regular reports, in case of emergency, the Legal Counseling Center reports on the organization and activities of the Center and its branches upon request of the Department of Justice, the managing organization, or competent state agencies.

2. Annually, the Department of Justice reports to the People's Committee of the province or centrally governed city, and the Ministry of Justice about the organization and activities of Legal Counseling Centers and their branches in the locality. The annual report must be submitted before October 15. In addition to regular reports, in case of emergency, the Department of Justice reports on the organization and activities of Legal Counseling Centers and their branches in the locality upon request of the People's Committee of the province or centrally governed city, and the Ministry of Justice.

1. Annually, the Department of Justice shall conduct inspections on the organization and operation of Legal Advisory Centers and their branches at local levels. The Department of Justice may carry out surprise inspections upon request from the Ministry of Justice or the People's Committee of the province or centrally governed city where the Legal Advisory Center or its branch is located. In cases deemed necessary or upon request from the Department of Justice, the Ministry of Justice shall inspect the organization and legal advisory activities; if violations are found, administrative penalties shall be imposed according to its authority.

2. The time and content of regular inspections must be notified to the Legal Advisory Center and its branches at least seven days before the inspection takes place.

Chapter IV

IMPLEMENTATION

Article 21. Transitional Provisions

1. The registration certificate for the operation of Legal Advisory Centers issued in accordance with Decree No. 65/2003/NĐ-CP dated June 11, 2003 of the Government on the organization and operation of legal advisory activities continues to be valid under the provisions of Decree No. 77/2008/NĐ-CP.

2. The certificate for legal advisors issued in accordance with Decree No. 65/2003/NĐ-CP dated June 11, 2003 of the Government on the organization and operation of legal advisory activities continues to be valid under the provisions of Decree No. 77/2008/NĐ-CP.

3. In cases where individuals who have been granted certificates for legal advisors request to exchange them for Legal Advisor Cards, they shall apply for the exchange of the certificate for legal advisors according to Model TP-TVPL-06 attached hereto and return the certificate for legal advisors. The Department of Justice where the Legal Advisory Center or its branch where the individual works shall issue the Legal Advisor Card to the applicant in accordance with the procedures stipulated in Article 16 of this Circular.

Article 22. Forms Attached Issued together with this Circular are the following appendices and forms:

1. Work tracking book (Appendix I); Free legal advisory service implementation tracking book (Appendix II); Paid legal advisory service case tracking book (Appendix III);

2. Application for registration of Legal Advisory Center operations (Model TP-TVPL-01);

3. Application for registration of Legal Advisory Center branch operations (Model TP-TVPL-02);

4. Registration certificate for Legal Advisory Center operations (Model TP-TVPL-03);

5. Registration certificate for Legal Advisory Center branch operations (Model TP-TVPL-04);

6. Application for issuance of Legal Advisor Cards (Model TP-TVPL-05);

7. Application for exchange of Legal Advisor Certificates (Model TP-TVPL-06);

8. Legal Advisor Card (Model TP-TVPL-07);

9. Collaborator Contract (Model TP-TVPL-08);

10. Legal Advisory Collaborator Card (Model TP-TVPL-09);

11. Notice of establishment of Legal Advisory Center branches (Model TP-TVPL-10);

12. Notice of changes to the content of the registration certificate for Legal Advisory Center operations (Model TP-TVPL-11);

13. Notice of cessation of Legal Advisory Center and branch operations (Model TP-TVPL-12);

14. Report on the organizational structure and operations of Legal Advisory Centers and branches (Model TP-TVPL-13);

15. Report by the Department of Justice on the organizational structure and operations of Legal Advisory Centers in the locality (Model TP-TVPL-14).

Article 23. Effectiveness of Implementation

1. This Circular shall take effect 45 days from the date of issuance. This Circular replaces Circular No. 04/2003/TT-BTP dated October 28, 2003 of the Ministry of Justice guiding certain provisions of Decree No. 65/2003/NĐ-CP dated June 11, 2003 of the Government on the organization and operation of legal advisory activities.

2. Departments of Justice, management organizations of Legal Advisory Centers, Legal Advisory Centers, branches of Legal Advisory Centers, and individuals performing legal advisory activities are responsible for implementing this Circular. Any difficulties encountered during implementation should be reported to the Ministry of Justice for guidance and resolution.

Any difficulties encountered during implementation should be reported to the Ministry of Justice for guidance and resolution./.