Circular No. 02/2011/TT-BTP guiding certain contents of legal aid statistics

CIRCULAR

Guidelines on certain aspects of legal aid statistics

 __________________________

Based on the Statistics Law dated June 17, 2003;

Pursuant to the Legal Aid Law on June 29, 2006;

Pursuant to the Decree No. 40/2004/NĐ-CP dated February 13, 2004 of the Government detailing and guiding the implementation of certain provisions of the Law on Statistics;

Pursuant to Decree No. 07/2007/NĐ-CP dated January 12, 2007, issued by the Government, detailing and guiding the implementation of certain provisions of the Legal Aid Law;

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;

The Ministry of Justice provides guidelines on certain aspects of legal aid statistics as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the system of legal aid statistical indicators, types of statistical forms, publication and use of legal aid statistical information; investigation and statistical surveys on legal aid; regulations on agencies, organizations, and individuals responsible for conducting statistics and agencies, organizations responsible for guiding, urging, and inspecting the implementation of legal aid statistics.

Article 2. Applicability

1. Provincial Legal Aid Centers under central cities (hereinafter referred to as Provincial Legal Aid Center), Branches of Provincial Legal Aid Centers under central cities (hereinafter referred to as Legal Aid Branches) and Legal Aid Clubs.

 2. Law firms, Law companies and Legal Consultation Centers belonging to political-social organizations, political-social-professional organizations, social-professional organizations that have registered to participate in legal aid.

 3. Legal Aid Department, Departments of Justice of provinces and centrally governed cities, other relevant agencies and organizations as prescribed by law and this Circular.

Chapter II

SYSTEM OF INDICATORS, FORMS AND AGENCIES, ORGANIZATIONS IMPLEMENTING LEGAL AID STATISTICS

Article 3. System of legal aid statistical indicators

Based on the requirements for state management of legal aid, the Ministry of Justice determines the list of legal aid statistical indicators in the field of legal aid, which includes 6 indicators attached to this Circular (Annex I).

Article 4. Types of legal aid statistical forms

The list of regular formal statistical forms and legal aid-related forms is attached to this Circular (Annex II).

Article 5. Agencies and organizations implementing legal aid statistics

1. Legal Aid Clubs at communes/towns/districts.

2. Legal Aid Branches.

3. Provincial Legal Aid Centers.

4. Organizations participating in legal aid:

a) Law firms;

b) Law companies;

c) Legal Consultation Centers belonging to political-social organizations, political-social-professional organizations, social-professional organizations.

5. Departments of Justice of provinces/centrally governed cities.

6. Legal Aid Department under the Ministry of Justice.

Article 6. Agencies and organizations receiving results of legal aid statistics

1. Legal Aid Branches and People's Committees at the commune level receive the statistical results from Legal Aid Clubs. In areas where Legal Aid Branches have not been established, Provincial Legal Aid Centers receive the statistical results from Legal Aid Clubs.

2. Provincial Legal Aid Centers receive the statistical results from Legal Aid Branches.

3. Departments of Justice receive the statistical results from Provincial Legal Aid Centers and from Law firms, Law companies and Legal Consultation Centers that have registered to participate in legal aid.

4. Provincial/Central City Statistical Departments receive the statistical results regarding the number of people receiving legal aid from Departments of Justice.

5. Legal Aid Department receives the statistical results from Departments of Justice.

6. Legal Aid Department assists the Minister of Justice in sending the statistical results related to the number of people receiving legal aid to the General Statistics Office.

7. The Ministry of Justice (through the Planning and Finance Department) receives the statistical results from the Legal Aid Department.

Article 7. Periods and deadlines for submitting statistical results on legal aid

1. Statistical period for legal aid

The statistical work on legal aid shall be carried out according to the following periods:

a) Legal aid statistics for three months (Form 1, Form 2, and Form 3), with data collection from October 1 to December 31;

b) Legal aid statistics for six months (from Form 1 to Form 6), with data collection from October 1 of the previous year to March 31 of the following year;

c) Legal aid statistics for nine months (Form 1, Form 2, and Form 3), with data collection from October 1 of the previous year to June 30 of the following year;

d) Legal aid statistics for the year (from Form 1 to Form 6), with data collection from October 1 of the previous year to September 30 of the following year.

2. Deadline for submitting statistical data

a) Legal aid clubs must submit statistical results no later than ten days after the statistical period;

b) Legal aid branches must submit statistical results no later than fifteen days after the statistical period;

c) Provincial Legal Aid Centers must submit statistical results no later than twenty days after the statistical period;

d) Organizations participating in legal aid must submit statistical results no later than twenty days after the statistical period;

e) Departments of Justice of provinces and centrally governed cities must submit statistical results no later than twenty-five days after the statistical period;

g) The Legal Aid Department must submit statistical results no later than thirty days after the statistical period.

Article 8. Methods for Implementing the Statistical System for Legal Aid

1. Statistical results on legal aid must be presented in writing and recorded on paper according to the prescribed form.

In cases of necessity, to promptly serve urgent tasks, the agency or organization conducting the legal aid statistics may send the results via email or fax, but within three working days from the date of sending the email or fax, the organization conducting the legal aid must send the results in writing to the agency receiving the statistical results.

2. All columns and items in the form must be recorded and filled out completely and accurately. The form must include the full name, signature of the person filling out the form, the representative of the legal aid implementing organization according to the law, and the stamp of the statistical unit (if applicable).

Article 9. Correction of Statistical Data on Legal Aid

When it is necessary to correct statistical data on legal aid, the unit submitting the statistical results must have confirmation and stamp of the authorized person of the unit where the statistical form was established.

Chapter III

STATISTICAL SURVEY ON LEGAL AID

Article 10. Statistical Survey on Legal Aid

1. The statistical survey on legal aid shall be conducted to collect statistical information from organizations and individuals in the following cases:

a) Conducting a statistical survey to collect statistical information from organizations that are not required to conduct legal aid statistics;

b) Conducting a statistical survey to supplement information from organizations that conduct legal aid statistics;

c) Conducting a statistical survey to collect information from individuals when necessary;

d) Conducting a statistical survey to collect statistical information when there is an urgent need.

2. Statistical surveys are conducted according to plans or on an ad hoc basis.

Article 11. Authority to decide on statistical investigations for legal aid

1. The Minister of Justice decides on national statistical investigation programs assigned to the legal aid sector and statistical investigations outside the national statistical investigation program to collect information about indicators serving management needs in the legal aid sector that are not included in the national statistical indicator system.

2. The Legal Aid Agency is responsible for leading and coordinating with the Planning and Finance Department under the Ministry of Justice and relevant units to develop the statistical investigation plan in the legal aid sector, submitting it to the Minister of Justice for approval after receiving comments from the General Statistics Office on professional and statistical matters.

Article 12. Main contents of the statistical investigation plan for legal aid

The statistical investigation plan includes the following main contents: names of investigations, investigation content, investigation methods, periods, times of conducting investigations, agencies conducting the investigation (lead agency, cooperating agency), and budget estimates to ensure implementation.

Article 13. Developing investigation plans and organizing statistical investigation activities for legal aid

1. The statistical investigation plan for the legal aid sector includes objectives, requirements, scope, subjects, investigation units, survey forms, investigation methods, calculation and consolidation methods for investigation indicators, time for conducting investigations, funding and other material conditions to ensure implementation, and responsibilities of related organizations and individuals.

2. The Legal Aid Agency coordinates with the Planning and Finance Department under the Ministry of Justice to organize the development of the statistical investigation plan for the legal aid sector, incorporating it into the overall statistical investigation plan of the Ministry, submitting it to the Minister of Justice for approval after receiving comments from the General Statistics Office on professional and statistical matters, and leading or coordinating the implementation of statistical investigations after the plan is approved.

3. When there is a need for urgent statistical investigations, the Legal Aid Agency develops an urgent investigation plan in accordance with the provisions of Clause 1 of this Article, sends the plan to the Planning and Finance Department under the Ministry of Justice for comments before sending it to the General Statistics Office for professional and statistical reviews. Based on the opinions of the General Statistics Office and other comments, the lead unit completes the investigation plan and submits it to the Minister of Justice for a decision on urgent investigations.

Article 14. Rights and responsibilities of the investigating agency, persons conducting statistical investigations, and the responsibilities of organizations and individuals subject to statistical investigations for legal aid

1. The agency conducting statistical investigations and persons implementing statistical investigations in the legal aid sector have rights and obligations as stipulated in Article 15 of the Statistics Law; they must be responsible for the objectivity and accuracy of investigation information, and keep confidential information according to the law.

2. Organizations and individuals who are subjects of statistical investigations in the legal aid sector have rights and obligations as stipulated in Article 16 of the Statistics Law, and are entitled to be informed about the decision on statistical investigations; the purpose, requirements, and deadlines of the statistical investigations at least 15 days before the investigation begins, and in cases of urgent investigations, at least 5 days before the investigation begins.

3. In cases of indirect investigation methods, organizations and individuals subject to statistical investigations must truthfully and fully record according to the requirements of the survey form and submit within the deadline to the agency conducting the statistical investigation.

Chapter IV

ANNOUNCEMENT AND USE OF STATISTICAL INFORMATION FOR LEGAL AID

Article 15. Publication of Legal Aid Statistical Information

1. Authority to publish: The Minister of Justice decides on the publication of statistical information as prescribed in this Circular.

2. Forms of publication: Statistical information in the field of legal aid shall be published through forms and means such as press conferences, posting information on the Ministry of Justice's electronic portal, Statistical Yearbooks, and other official documents of the Ministry of Justice based on approval by the Minister of Justice.

3. Time limit for publication: National statistical information on legal aid must be published before February 28 of the following year.

Article 16. Utilization of Legal Aid Statistical Database

1. The Legal Aid Department is responsible for coordinating with the Department of Information Technology and the Planning and Finance Department under the Ministry of Justice to apply information technology and build a database on legal aid statistics.

2. Updating, managing, utilizing, and using the legal aid statistical database shall be carried out according to the regulations on updating, managing, utilizing, and using databases of the Judiciary Sector and the Legal Aid Department.

Article 17. Use of Legal Aid Statistical Information

1. When citing or using statistical information, the source of the information must be clearly stated.

2. State management agencies for legal aid at central and local levels shall use statistical information to monitor, direct, and manage professional activities, organizational matters, and other aspects of legal aid implementation organizations.

Article 18. Confidentiality of Legal Aid Statistical Information

Statistical information must be kept confidential including:

1. Statistical information linked to the name and specific address of each person providing legal aid or receiving legal aid, except where that person agrees to its publication in accordance with Clause 3, Article 6 of the Statistics Law 2003.

2. Statistical information on legal aid currently being collected, processed, and compiled but not yet due for publication, and statistical information contained in documents classified as top secret and secret under the jurisdiction of the Ministry of Justice issued together with Decision No. 18/2004/QD-TTg dated February 12, 2004 of the Prime Minister and Decision No. 168/2004/QĐ-BCA (A11) dated February 24, 2004 of the Minister of Public Security.

Chapter V

IMPLEMENTATION

Article 19. Responsibilities for Implementing Legal Aid Statistics

Organizations implementing legal aid statistics have the responsibility to:

1. Based on records at their unit and results of statistics from units sent to them, compile statistical result forms for legal aid in accordance with regulations;

2. Submit complete statistical forms accurately and within the stipulated time frame;

3. Bear legal responsibility for the accuracy, completeness, and timeliness of statistical results.

Article 20. Responsibilities for Guidance, Urging, and Inspection of Implementation

1. The Legal Aid Department has the responsibility to proactively coordinate with the Planning and Finance Department to assist the Minister of Justice in guiding, training, directing, urging, and inspecting the implementation of statistics and statistical activities for legal aid implementation organizations and participating organizations.

The Legal Aid Department assists the Minister of Justice in organizing the implementation of national consolidation of legal aid statistical information to ensure accuracy, completeness, and timeliness based on the results of statistics from provincial Departments of Justice.

2. Provincial Departments of Justice have the responsibility to coordinate with the General Statistics Office, direct, urge, and inspect the implementation of statistics for legal aid implementation organizations within their jurisdiction.

3. Provincial Legal Aid Centers have the responsibility to organize the dissemination, urging, and inspection of Branches, Legal Aid Clubs, and local legal aid providers regarding the implementation of legal aid statistical reporting systems to ensure accurate, complete, and timely statistics.

Article 21. Implementation clause

This Circular takes effect from March 1, 2011; abolishes Item II Part B Clause 1 and Form No. 17 issued together with Circular No. 05/2008/TT-BTP dated September 23, 2008 of the Ministry of Justice guiding legal aid business operations and state management of legal aid.

Agencies, organizations, and individuals during the implementation of this Circular, if encountering difficulties, obstacles, or discovering new issues, have the responsibility to promptly report to the Ministry of Justice for guidance or supplementation and adjustment to ensure compliance./.