Joint Circular No. 02/2008/TTLT-BTP-TWHCCBVN guiding the coordination in drafting normative legal documents, promoting, disseminating, educating on laws, and providing legal aid to War Invalids and Veterans.

JOINT CIRCULAR

Guidelines for cooperation in drafting normative legal documents, propaganda, dissemination, legal education, and legal assistance for War Veterans

On the basis of Clause 5, Article 11, Ordinance on War Veterans October 7, 2005;

On the basis of Clause 4, Article 8, Clause 5, Article 12, Decree No. 150/2006/NĐ-CP December 12, 2006, of the Government detailing and guiding the implementation of certain provisions of the Ordinance on War Veterans;

Decree No. Decision No. 62/2003/NĐ-CP June 6, 2003, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Decree No. Decision No. 07/2007/NĐ-CP January 12, 2007, of the Government detailing and guiding the implementation of certain provisions of the Law on Legal Aid;

Decree No. Decree No. 161/2005/NĐ-CP December 27, 2005, of the Government detailing and guiding the implementation of certain provisions Law on Enacting Legal Normative Documents and of the Law Amending and Supplementing Certain Provisions of the Law on Enacting Normative Legal Documents;

The Ministry of Justice and the Central Association of War Invalids and Families of Martyrs provide guidelines for cooperation in drafting normative legal documents, propaganda, dissemination, legal education, and legal assistance for War Veterans, as follows:

1. Responsibilities of War Veterans Associations at all levels

a) Annually in the first quarter, the Central Association of War Invalids and Families of Martyrs shall study and propose to the Government, the Standing Committee of the National Assembly, and the National Assembly to consider including in their term programs the drafting of normative legal documents concerning War Veterans and the War Veterans Association, in accordance with the Law on Enacting Normative Legal Documents;

b) War Veterans Associations at provincial and municipal levels shall propose to the People's Councils and People's Committees at the same level to consider including in their local programs the drafting of normative legal documents related to War Veterans and War Veterans Associations, in accordance with the Law on Enacting Normative Legal Documents of the People's Councils and People's Committees;

c) Based on the approved program for drafting normative legal documents and assigned tasks, War Veterans Associations at all levels shall be responsible for organizing the drafting of documents and submitting them to competent authorities for examination and decision-making in accordance with the Law on Enacting Normative Legal Documents;

d) For normative legal documents related to War Veterans but not primarily drafted by War Veterans Associations at all levels, these associations shall be responsible for coordinating with relevant agencies to participate in drafting, providing materials, and creating conditions for the lead drafting agencies to survey and understand the activities of War Veterans and War Veterans Associations to serve the drafting of such normative legal documents;

e) For normative legal documents drafted by other agencies and sent to War Veterans Associations for comments, War Veterans Associations at all levels shall be responsible for directing research, participation, and provision of opinions to ensure quality and timeframes as stipulated by the Law on Enacting Normative Legal Documents;

f) Annually review and systematize normative legal documents related to War Veterans and the War Veterans Association to promptly propose amendments and supplements to the National Assembly, the Government, and relevant ministries, sectors, People's Councils, and People's Committees;

2. Responsibilities of judicial agencies at all levels

a) Based on annual plans and programs, the Ministry of Justice shall cooperate with the Central Association of War Invalids and Families of Martyrs in drafting normative legal documents primarily drafted by the Central Association of War Invalids and Families of Martyrs; it shall be responsible for reviewing, providing opinions, participating in editing the content and technical aspects of the documents, and providing opinions to the Central Association of War Invalids and Families of Martyrs before submission to competent authorities for examination and decision-making;

b) For normative legal documents primarily drafted by War Veterans Associations at local levels, judicial agencies at the same level shall cooperate, guide the drafting process, provide opinions, and conduct reviews according to the law, and participate in editing the documents before submission to competent authorities for examination and decision-making;

c) Regularly, based on approved programs and plans or upon request from War Veterans Associations and within the permitted conditions and capabilities, judicial agencies shall organize training sessions on drafting normative legal documents for War Veterans Association cadres at all levels;

1. Responsibilities of War Veterans Associations at all levels

a) The Central Association of War Invalids and Families of Martyrs

- Based on the national program for legal dissemination and education and the tasks of the War Veterans Association, develop programs and plans for propaganda, dissemination, and legal education for War Veterans and War Military Personnel;

- Direct lower-level associations to coordinate with judicial agencies at the same level to develop and implement programs and plans for propaganda, dissemination, and legal education for War Veterans and War Military Personnel;

- Direct lower-level War Veterans Associations to conduct mid-term and final evaluations of legal dissemination and education work;

b) War Veterans Associations at local levels

- Based on the national program for legal dissemination and education of the Central Association of War Invalids and Families of Martyrs and local programs, develop programs and plans for propaganda, dissemination, and legal education for War Veterans and War Military Personnel;

- Coordinate with judicial agencies at the same level to implement programs and plans for propaganda, dissemination, and legal education for War Veterans and War Military Personnel and the public, ensuring content and timelines as prescribed;

c) Higher-level War Veterans Associations shall direct and guide lower-level War Veterans Associations to implement propaganda, mobilization, and exemplary compliance with laws among War Veterans and War Military Personnel, and mobilize local residents to comply with the law;

Annually, War Veterans Associations at all levels shall be responsible for organizing inspections, mid-term, and final evaluations of legal dissemination and education work at their own levels and reporting to higher-level War Veterans Associations;

2. Responsibilities of judicial agencies at all levels

a) The Ministry of Justice

- Coordinate with the Central Association of War Invalids and Families of Martyrs to develop programs and plans for propaganda, dissemination, and legal education for War Veterans and War Military Personnel;

- On the basis of requests from the Central Association of Veterans and within the permitted capacity, the Ministry of Justice supports materials and legal advisors for the dissemination, popularization, and education of laws to veterans and former military personnel.

- Directs and guides the legal affairs organizations of ministries and sectors to coordinate with the corresponding level Veterans' Association to develop and implement plans and programs for the dissemination, popularization, and education of laws to veterans within their agencies and units.

- Directs judicial organs at all levels to coordinate with the corresponding level Veterans' Association to conduct inspections, mid-term reviews, and final evaluations to assess results and draw lessons from the implementation of work related to the dissemination, popularization, and education of laws.

b) Judicial agencies at local levels

- Coordinates with the corresponding level Veterans' Association to develop and implement plans for the dissemination, popularization, and education of laws to veterans and former military personnel.

- Coordinates with the corresponding level Veterans' Association to conduct mid-term reviews and final evaluations regarding the work of disseminating, popularizing, and educating laws to veterans and former military personnel.

III. LEGAL ASSISTANCE FOR VETERANS

1. Veterans are entitled to legal aid services in accordance with the provisions of the Law on Legal Aid, including:

- Veterans who meet the poverty standard as defined by law;

- Veterans who were engaged in revolutionary activities before the August 19 Revolution in 1945;

- Veterans who are National Hero of Armed Forces, National Labor Hero;

- Veterans who are war invalids;

- Veterans who are disease invalids;

- Veterans who have been exposed to chemical toxins;

- Veterans who were engaged in revolutionary or anti-enemy resistance activities and were captured and imprisoned by the enemy;

- Veterans who participated in anti-invasion wars for national liberation and international duties from April 30, 1975, or earlier;

- Veterans who are parents, spouses, or children of martyrs;

- Veterans aged 60 years or older living alone or without support;

- Veterans who are physically disabled, impairing their ability to function, making labor, daily life, and study difficult, infected with HIV or suffering from other diseases that render them incapable of civil acts and without support;

- Ethnic minority veterans who permanently reside in areas with particularly difficult socio-economic conditions as defined by law.

2. Responsibilities of Veterans' Associations at all levels

a) The Central Association of War Invalids and Families of Martyrs

- Directs the organization to implement legal aid provided by the Central Association of Veterans of Vietnam to provide legal aid to veterans introduced by provincial-level Veterans' Associations in the following cases:

+ Cases where veterans have continued to appeal after receiving legal aid from state legal aid centers or branches thereof;

+ Cases where veterans have appealed despite having received a final decision from competent authorities;

+ Veterans requesting legal assistance but not falling under the categories specified in Section 1, Part III of this Circular;

+ The provision of legal aid to veterans by organizations providing legal aid under the Veterans' Association of Vietnam shall be carried out in accordance with the law.

- Directs provincial-level Veterans' Associations to introduce eligible individuals to participate as legal aid volunteers; coordinates with state legal aid centers and their branches during the implementation of legal aid for veterans in localities;

- Organizes mid-term reviews, final evaluations, and draws lessons from the implementation of legal aid to improve the quality and effectiveness of legal aid for veterans.

b) War Veterans Associations at local levels

- Guides veterans eligible for legal aid as specified in Section 1, Part III of this Circular to state legal aid centers or their branches to request legal aid in accordance with the law.

In cases where veterans are not eligible for legal aid at state legal aid centers or their branches, provincial-level Veterans' Associations will introduce them to organizations providing legal aid under the Central Association of Veterans of Vietnam for legal assistance;

- Introduces eligible veterans to participate as legal aid volunteers for state legal aid centers;

- Coordinates with state legal aid centers, their branches, local authorities, and community organizations to mediate disputes involving veterans or at the request of veterans to contribute to maintaining social order and protecting the legitimate rights and interests of all parties;

- Coordinates with state legal aid centers, their branches, to survey the need for legal aid for veterans and participate in mobile legal aid services in the area upon request of the center or branch.

3. Responsibilities of judicial organs at all levels

a) The Ministry of Justice

- Directs and monitors the implementation of legal normative documents concerning legal aid related to veterans;

- Directs the Department of Justice to issue registration certificates for legal aid participation for organizations providing legal aid under the Veterans' Association of Vietnam; recognizes and issues legal aid volunteer cards to veterans meeting the criteria introduced by the Veterans' Association;

- Guides state legal aid centers in expanding and developing networks of legal aid volunteers among veterans and providing legal aid to veterans as specified in Point 1, Part III of this Circular;

- Directs the Department of Justice in coordinating with the corresponding level Veterans' Association to conduct mid-term reviews and final evaluations of the implementation of legal aid for veterans.

b) Department of Justice

- Directs state legal aid centers to build and develop teams of legal aid volunteers among local veterans.

- Issue the Registration Certificate for participation in legal aid to the Vietnam Association of Veterans organization implementing legal aid; issue the legal aid collaborator card to individual veterans who meet the required conditions;

- Provide professional guidance and direction on legal aid matters; conduct inspections, examinations, and handle violations related to local legal aid activities in accordance with the law;

c) The State Legal Aid Center, Branches of the State Legal Aid Center.

- Implement legal aid for veterans in accordance with the law and the guidelines set forth in this Circular;

- Train knowledge and skills in legal aid for local veteran legal aid collaborators;

- Execute work contracts with local veteran legal aid collaborators;

IV. FUNDS TO ENSURE THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS, PUBLICITY, DISSEMINATION, LEGAL EDUCATION, AND LEGAL AID FOR VETERANS

1. Funds for developing legal regulatory documents, publicity, dissemination, and legal education of the Vietnam Association of Veterans shall be ensured in accordance with Article 9 of Decree No. 150/2006/NĐ-CP dated December 12, 2006 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Veterans, Circular No. 100/2006/TT-BTC dated October 23, 2006 of the Ministry of Finance guiding the management and use of state budget funds to ensure legislative work, and Circular No. 63/2005/TT-BTC dated August 5, 2005 of the Ministry of Finance guiding the management and use of funds to ensure legal education and publicity work.

Specific expenditure standards shall be implemented in accordance with current laws.

2. Legal aid funds shall be ensured and implemented in accordance with current regulations.

3. All levels of the Association shall prepare budgets within their annual state budget estimates and submit them to the financial authorities at the same level for consolidation and submission to the competent authority for approval.

V. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Relevant units under the Ministry of Justice, Departments of Justice, the State Legal Aid Center, Branches of the State Legal Aid Center; all levels of the Vietnam Association of Veterans shall cooperate to perform their functions and tasks in accordance with the law and the guidelines set forth in this Circular.

3. Annually, the Ministry of Justice and the Central Committee of the Vietnam Association of Veterans shall conduct inspections, monitor situations, promptly report, exchange information, draw lessons, adjust, and supplement the content of this Circular and methods of cooperation to ensure effectiveness.

During the implementation process, if there are any difficulties, the competent agencies assigned by the Ministry of Justice, the Central Committee of the Vietnam Association of Veterans, Provincial Departments of Justice, and the Vietnam Association of Veterans at provincial and centrally-administered city levels shall report and propose solutions to the Ministry of Justice and the Central Committee of the Vietnam Association of Veterans for consideration and unified policies and measures to resolve issues effectively.