Circular No. 05/2008/TT-BTP guiding legal aid business operations and state management of legal aid

CIRCULAR

GUIDELINES ON LEGAL AID SERVICES AND STATE MANAGEMENT OF LEGAL AID

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

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 detailed guidelines on legal aid services and state management of legal aid as follows:

Part A

GUIDELINES ON LEGAL AID SERVICES

I. HANDLING LEGAL AID CASES

1. Reviewing Requests for Legal Aid

The person receiving the request or the application must review the contents related to the application for legal aid (hereinafter referred to as the application) and only accept the case when it meets all of the following conditions:

a) The person requesting legal aid (hereinafter referred to as the applicant) falls within the category of persons eligible for legal aid as stipulated in Article 10 of the Legal Aid Law and further detailed in Article 2 of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain provisions of the Legal Aid Law (hereinafter referred to as Decree No. 07/2007/NĐ-CP);

b) The content of the legal aid case complies with the provisions of Article 5 of the Legal Aid Law;

c) The legal aid case falls within the scope of legal aid as specified in Article 26 of the Legal Aid Law;

d) The request for legal aid does not fall under the circumstances requiring rejection as provided in Clause 1 of Article 45 of the Legal Aid Law.

When accepting a case, the person receiving the application must record it in the Case Tracking and Consolidation Register and proceed with providing legal aid or report to the leadership of the organization implementing legal aid to assign someone to provide legal aid (Legal Aid Officer, Legal Aid Volunteer, Lawyer, or Legal Advisor). The Case Tracking and Consolidation Register is established according to Model No. 01 - TP-TGPL issued together with this Circular.

In cases where the applicant lacks documents proving eligibility for legal aid or relevant documents concerning the legal aid case, the person receiving the application must guide them to provide additional necessary documents so that the case can be accepted. After receiving all supplementary documents or having sufficient grounds for verification, the acceptance procedures shall be carried out. In urgent or force majeure situations where full documentation cannot be provided immediately, or due to the legal aid case approaching its statute of limitations, or other reasons necessitating immediate action to prevent harm to the legitimate rights and interests of the person seeking legal aid, the person receiving the application shall accept the case and guide the person seeking legal aid to provide the necessary documents later.

The person receiving the request has the responsibility to photocopy one copy from the original or accept a copy of the document proving eligibility for legal aid to keep in the legal aid case file for verification and comparison if necessary. In cases where it is objectively impossible to photocopy from the original, the person receiving the application must record the symbol, number, date, and issuing authority of the document below the application and request the applicant to send the photocopy later.

In cases of refusal to accept the case, the person receiving the application must clearly state the reason in writing to inform the applicant. If the case falls under one of the circumstances requiring rejection or discontinuation of legal aid as stipulated in Article 45 of the Legal Aid Law, the person receiving the application must notify the applicant in writing of the reason. The notification of rejection or discontinuation of legal aid is established according to Model No. 20-TP-TGPL issued together with this Circular.

2. Application for Legal Aid

The organization providing legal aid issues free applications to the applicant (Model No. 02-TP-TGPL issued together with this Circular) or the applicant may write their own application with a signature or fingerprint. In cases where the applicant cannot come personally and is represented by a proxy or guardian, the proxy or guardian must sign or fingerprint the application, except in cases where there is a conflict between the applicant and the proxy or guardian regarding legitimate rights and interests.

a) In cases where the applicant has not written an application, the person receiving the application must guide them to fill out and sign the application. If the applicant is unable to write the application themselves, the person receiving the application must complete all necessary information in the application form for the applicant to read or have read back to them and then request the applicant to sign or fingerprint the application.

b) In cases where the applicant asks a close relative (grandparents, parents, spouse, adult children, adult siblings) or authorizes another person to submit the application, in addition to documents proving eligibility for legal aid, the person submitting the application on behalf of the applicant must present their Identity Card or a power of attorney signed by the applicant. The person submitting the application on behalf of the applicant must clearly record their name, ID card number, residential address, and sign in the Case Tracking and Consolidation Register.

c) Applications can be submitted directly at the office or workplace of the organization providing legal aid, directly to the person providing legal aid (in cases of legal aid outside the office), or sent to the organization providing legal aid through mail or other means.

3. Relevant Documents and Materials

The applicant must provide relevant documents and materials related to the legal aid case (if any). The organization providing legal aid will only accept the application and copies (without certification) of relevant documents and materials for storage in the case file and will not return them. If necessary, the organization providing legal aid may request the applicant to provide the originals for verification. The applicant is responsible under the law for the authenticity of the relevant documents and materials. For cases requiring the appointment of a participant in litigation or a representative outside of litigation, the following documents and materials must be provided:

a) In criminal cases, in addition to materials and documents that may serve as evidence for the case (if any), depending on each stage of the proceedings and their capacity as participants in the proceedings, the person making the request must present one of the documents related to the stage of the proceedings such as: Decision on temporary detention; Decision on indictment; Notice to take statements; Investigation conclusion; Indictment; Decision to bring the case to trial; Judgment, Decision not yet having legal effect of the Court or other documents proving that the matter is being handled by the competent investigative bodies, thereby showing that the person making the request is a detainee, indicted suspect, defendant, victim, civil plaintiff, civil defendant, or a person with rights and obligations related to the criminal case.

b) In civil matters or administrative cases, the matter of the person making the request has been accepted for handling by a court with jurisdiction or there is a basis for the court to accept it. Depending on each stage of the proceedings, in addition to materials and documents that may serve as grounds (if any), the person making the request must present one of the following documents: Receipt for advance payment of litigation fees; Summonses; Judgment, Decision of the Court or other documents proving that the person making the request is a civil plaintiff, civil defendant, or a person with rights and obligations related to the civil matter, a plaintiff or a person with rights and obligations related to the administrative or labor case.   

c) In cases of representation outside litigation, the person making the request has grounds or documents, or when the recipient has a basis to believe that they cannot protect their legitimate rights and interests themselves (due to illness, old age, physical or mental weakness, or for other objective reasons...).

4. Documents proving that the person making the request is a person eligible for legal aid.

a) A poor person when requesting to present one of the following documents:

- Original or copy of the Poor Household Book, Poor Card, Certificate of Poverty Status issued by the People's Committee of the commune, ward, town (hereinafter referred to as the commune level) or the labor, war invalids and social affairs agency, or another competent authority according to the law where the person making the request works or resides;

- Other lawful documents from which it can be known that the person named in the document is a member of a poor household (such as Free Medical Examination and Treatment Card for the Poor, Social Policy Bank Loan Book of the Poor...).

b) A person who has rendered meritorious service to the revolution when requesting to present one of the following documents:

- Decision recognizing them as one of the categories of persons who have rendered meritorious service to the revolution as stipulated in the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution;

- Certificate of Meritorious Service to the Revolution issued by the labor, war invalids and social affairs agency or the People's Committee of the commune level where the person making the request resides;

- Certificate of War Invalid;

- Certificate of Disabled Veteran;

- Certificate of Family of Martyrs, Accomplishment Certificate accompanied by documents confirming the kinship between the person and the martyr (such as Family Registration Book, Marriage Registration Certificate, Birth Certificate...) or confirmation by the People's Committee of the commune level;

- Medals, Orders or other documents confirming that they belong to the category of persons who have rendered meritorious service to the revolution;

- Certificate of Merit to the Country, Commemorative Medal or certificate of being captured and imprisoned by the enemy;

- Other lawful documents from which it can be known that the person named in the document is a person who has rendered meritorious service to the revolution;

- In cases where persons who have rendered meritorious service to the revolution have lost their documents, confirmation shall be made by the labor, war invalids and social affairs agency or the organization where they work or the People's Committee of the commune level where they reside.

c) An elderly person without support when requesting to present one of the following documents:

- Certificate of being an elderly person over 60 years old living alone or without support issued by the People's Committee of the commune level where they reside or confirmed by a social welfare facility, nursing home, political-social organization where they participate;

- Other lawful documents from which it can be known that the person named in the document is an elderly person without support.

d) A disabled person without support when requesting to present one of the following documents:

- Certificate of being a disabled person without support issued by the People's Committee of the commune level where they reside; certificate of a social welfare facility, Association of Disabled Persons or another disability assistance facility; or of the organization where they work or participate;

- Other lawful documents from which it can be known that the person named in the document is a disabled person without support.

d) A child without support when requesting to present one of the following documents:

- Certificate of being a child without support issued by the People's Committee of the commune level where the child resides; certificate of a social welfare facility, House of Charity, another child assistance facility; or of the labor, war invalids and social affairs agency;

- Original or copy of the Birth Certificate or certified copy from the original issued by the People's Committee of the commune level or other lawful documents from which it can be known that the person named in the document is a child without support.

e) An ethnic minority person permanently residing in a region with particularly difficult socio-economic conditions when requesting to present one of the following documents:

- Certificate of being an ethnic minority person issued by the People's Committee of the commune level where they reside or the organization where they work or participate;

- Family Registration Book showing that the person making the request is an ethnic minority person permanently residing in a region with particularly difficult socio-economic conditions;

- Identity card or other documents that can prove that the person making the request is an ethnic minority person permanently residing in a region with particularly difficult socio-economic conditions.

Persons eligible for legal aid under international treaties or agreements, when making a request, must have documents proving that they belong to the category of persons eligible for legal aid under that international treaty or agreement.

5. Scope of Legal Aid Provided by Organizations Implementing Legal Aid

a) The State Legal Aid Center (hereinafter referred to as the Center) shall handle the following legal aid cases:

- Individuals making requests who reside in communes, wards, or towns within the locality in either permanent or temporary residence status;

- Cases of individuals making requests that occur in that locality or fall under the jurisdiction of agencies, organizations, or individuals in that locality;

- Cases transferred to the Center by other organizations implementing legal aid.

b) Law firms and legal advisory organizations providing legal aid within the scope registered to participate in legal aid, including forms, fields, and persons eligible for legal aid as reflected in the Certificate of Participation in Legal Aid issued by the Department of Justice in accordance with the Legal Aid Law and Decree No. 07/2007/NĐ-CP.

II. IMPLEMENTATION OF LEGAL AID

1. For Legal Advisory Services

a) At the office, immediately after accepting a request for legal advisory services, the person receiving the request must provide advice right away, except in cases where immediate advice cannot be provided due to the complexity of the case requiring further verification, in which case the person receiving the request will issue a Notice of Appointment regarding the time for subsequent advice or respond in writing. The Notice of Appointment is established according to Model Number 03-TP-TGPL issued along with this Circular.

Cases that can be advised on immediately are simple cases, involving guidance, answers, and provision of information related to a specific field of law or within the jurisdiction of a single agency or organization, without the need for extensive research into the details of the case, and without additional issues requiring verification.

Complex cases requiring subsequent advice involve matters related to multiple fields of law, involving many parties, affecting multiple agencies or departments, or having numerous details, previously resolved multiple times or by several competent authorities, necessitating time to study legal provisions and case files or requiring additional verification and evaluation of case details.

The results of legal advisory services are recorded in the Legal Aid Service Form or legal advisory document. The form or document must include key contents such as: date and time of receipt of the request; the content of the legal aid request and the advice provided, information, answers, and guidance given; signature and full name of the person providing legal aid. The Legal Aid Service Form and legal advisory document are prepared in two copies, one copy photocopied and handed over to the person receiving legal aid with the signature of the person providing legal aid, the original retained in the case file. The Legal Aid Service Form is established according to Model Number 04-TP-TGPL issued along with this Circular.

Legal advisory services must comply with legal regulations on legal aid and be documented in a case file according to the provisions of Section III Part A of this Circular.

b) For individuals making requests through mail or fax, they may be advised via telephone or responded to in writing, or invited to the office for direct advice. If the individual making the request does not attach proof of eligibility for legal aid or relevant documents related to the legal aid case, the organization providing legal aid will guide them to provide all necessary documents to serve as the basis for handling the case. The timeframe for implementing the legal aid case starts from the point when the individual provides all required documents.

c) Legal advisory services via telephone apply in cases where legal aid has been accepted or new cases where the individual requests advice via telephone. For simple cases that have not yet been accepted but the person receiving the request can immediately provide advice, they should be advised immediately, but before providing advice, they must be asked to clearly provide their personal information, name, identity, and address, and recorded in the Direct Telephone Logbook. For complex cases, guide the individual making the request to directly visit the organization providing legal aid to fully provide the required information according to regulations. The content of legal advisory services via telephone must be recorded in the Case Monitoring and Consolidation Book in question-and-answer format.

d) Legal advisory services through mobile legal aid. During mobile legal aid sessions, to provide legal advisory services based on cases, it is necessary to arrange for individuals to consult at tables clearly marked with legal fields (for example, Table 1: Criminal Law and Criminal Procedure Law; Table 2: Real Estate Law; Table 3: Labor and Employment Law...). The reception, acceptance, and implementation of legal advisory services are carried out according to the provisions of Section I and Point 1 of Section II Part A of this Circular. When providing advice, the person providing legal aid for a specific case is responsible for establishing a case file for each case, which must include a Legal Aid Service Form. The Center or Branch of the Center (hereinafter referred to as the Branch) assigns someone to record the minutes. The mobile legal aid minutes are established according to Model Number 05-TP-TGPL issued along with this Circular. Reporting on the results of mobile legal aid is carried out according to the provisions of Clause 5, Article 35 of Decree No. 07/2007/NĐ-CP.

The Center or Branch organizes mobile activities at the commune level when there is a survey result of legal aid needs (to arrange specialized staff according to needs) or when there is a requirement for political-social tasks in the locality as directed by the Provincial People's Committee, the Department of Justice, or the grassroots authority, or according to a pre-determined plan for organizing mobile legal aid.

The Center or Branch must notify in writing the District People's Committee and Commune People's Committee of the planned location for mobile legal aid five working days in advance about the time, place, participants, content, and request the Commune People's Committee to coordinate in arranging the venue and notifying eligible recipients of legal aid to attend. The Center or Branch may also request the Club President of the Legal Aid Club in the area or political-social organizations, cooperators to inform the relevant parties about this matter.

When organizing mobile legal aid, if deemed necessary, the Center or Branch may mobilize staff with legal knowledge or expertise from relevant agencies or organizations at the grassroots level or legal aid volunteers (hereinafter referred to as volunteers) to participate in mobile legal aid after prior communication and obtaining the consent of the person concerned and the leadership of the main agency or organization.

d) Providing legal advice through Legal Aid Club activities (hereinafter referred to as the Club). Legal aid officers, volunteers, lawyers, and legal advisors from organizations practicing law or legal advisory organizations that have registered to provide legal aid (hereinafter referred to as participating legal aid organizations) shall carry out such activities on-site for those requesting assistance. The handling and provision of legal advice shall be carried out according to Section I and Point 1 of Section II Part A of this Circular. For complex cases that cannot be handled immediately, a follow-up consultation date should be scheduled. If the person requesting agrees, the content of the legal advice case can be made public for discussion and deliberation by all participants in the Club's activities.

The content of the Club's activity session must be recorded in the minutes. The Club's activity minutes shall be prepared according to Model 06-TP-TGPL issued together with this Circular.

Cases that have been provided legal advice during the Club's activity session must be documented in case files and stored at the legal aid implementing organization.

Legal advice provided at the office, via telephone, or through correspondence by participating legal aid organizations must comply with general regulations regarding procedures, formalities, and case file documentation as mentioned above.

2. Regarding participation in litigation proceedings

a) The Director of the Center or the Head of the Branch issues a decision to assign a Legal Aid Officer or collaborating lawyer to participate in litigation proceedings for the person requesting assistance to defend their rights and legitimate interests according to Article 38 of Decree No. 07/2007/NĐ-CP and the guidance provided in Joint Circular No. 10/2007/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated December 28, 2007, issued by the Ministry of Justice, Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Supreme People's Procuracy, and Supreme People's Court guiding the implementation of certain provisions on legal aid in litigation activities.

The decision to assign a Legal Aid Officer or collaborating lawyer to participate in litigation proceedings follows Model TP-TGPL-4A issued by Decision No. 03/2007/QĐ-BTP dated June 1, 2007, by the Minister of Justice regarding the issuance of some forms used in legal aid activities. The decision to assign a participant in litigation proceedings is sent to the assigned person, the person requesting assistance, the investigative authority, archived, and kept in the case file.

b) When participating in litigation proceedings, the Legal Aid Officer or collaborating lawyer has the responsibility to handle the legal aid case in accordance with the content and scope of the request and comply with legal aid laws and litigation laws. Participation in litigation proceedings must be documented in a case file according to Section III Part A of this Circular.

3. Regarding representation outside litigation proceedings

a) The Director of the Center or the Head of the Branch issues a decision to assign a Legal Aid Officer or collaborating lawyer to represent outside litigation proceedings for the person requesting assistance. The decision clearly states the basis for assigning someone to represent outside litigation proceedings and the scope of representation for the person requesting assistance. The decision to assign a representative outside litigation proceedings is sent to the assigned person, the person requesting assistance, related agencies or organizations, archived, and kept in the case file. The decision to assign a representative outside litigation proceedings follows Model 07-TP-TGPL issued together with this Circular.

b) In cases where it is necessary to change the person already assigned to represent outside litigation proceedings, the Director of the Center or the Head of the Branch issues a decision to assign a replacement and sends it to inform the agency or organization handling the case and archive it according to the regulation. The decision to change the representative outside litigation proceedings follows Model 08-TP-TGPL issued together with this Circular.

c) When representing outside litigation proceedings, the assigned person has the responsibility to handle the case within the scope of the request and comply with relevant laws. Representation outside litigation proceedings must be documented in a case file according to Section III Part A of this Circular.

4. Regarding other forms of legal aid

a) The Director of the Center, the Head of the Branch, or the head of the participating legal aid organization issues a decision to assign someone to assist in mediating disputes for the person receiving legal aid. The assigned person must clearly analyze the circumstances of the case, explain legal provisions, guide disputing parties to mediate among themselves or negotiate to reach a resolution. The decision to assign someone to participate in mediation follows Model 09-TP-TGPL issued together with this Circular.

During mediation, to implement the legal aid case, the assigned person must comply with legal aid laws and relevant laws concerning the mediation case. The mediation case must be recorded in minutes. The mediation minutes follow Model 10-TP-TGPL issued together with this Circular.

If mediation is successful, the assigned person guides the parties to reach an agreement and complete related procedures. If mediation fails, they guide the parties to proceed with procedures as stipulated by law. Mediation must be documented in a case file according to Section III Part A of this Circular.

b) When the person requesting assistance seeks guidance on administrative procedures, complaints, and other activities, the Director of the Center or the Head of the Branch assigns a Legal Aid Officer or volunteer to provide legal aid to the person requesting assistance. Based on the specific request, the assigned person has the responsibility:

- Guide the person with the request to complete the application form, documents, and administrative procedures, providing them with information on the address of the competent authority to handle their case. If they cannot do it themselves, assist in contacting relevant organizations, agencies, or individuals related to their case to resolve issues or collect information, evidence; guide the preservation of documents as evidence to protect the rights and legitimate interests of the complainant as prescribed by law.

- In cases where they cannot do so due to physical or mental limitations or lack of knowledge, directly participate with the person making the request during meetings, work sessions, and interactions with other relevant persons and those authorized to resolve complaints.

- Implement professional measures to help the person making the request exercise their rights and obligations as prescribed by law to protect their rights and legitimate interests.

The provision of legal aid by Legal Aid Officers and collaborators must comply with legal aid laws and relevant regulations: Assistance provided must be recorded in a report detailing the process and results of the work, which must be kept in the case file as prescribed.

5. Other activities during the implementation of legal aid cases

Depending on specific circumstances, the person implementing the legal aid case may request the Director of the Center or propose that the Branch Head request the Director of the Center to carry out other activities, specifically as follows:

a) Request the dispatch of another legal aid provider to join and support the implementation of legal aid in cases where the legal aid case involves complex circumstances, multiple parties, requires extensive time for research, verification, collection, and evaluation of evidence, or when there is not much time left for such activities.

The person joining and supporting the implementation of legal aid shall be responsible for performing tasks assigned by the legal aid provider and jointly bear joint liability with the legal aid provider regarding the outcome of the legal aid case.

b) Request a legal aid center in another locality to cooperate in verifying the legal aid case. Cooperation in verifying the legal aid case shall be carried out if there is a basis as stipulated in Clause 1, Article 36 of the Legal Aid Law or if there is suspicion that the documents provided by the person receiving legal aid are not true. The verification request document and the notification of verification results shall be kept in the case file. These documents shall be prepared according to Model No. 11-TP-TGPL and Model No. 12-TP-TGPL issued together with this Circular.

Depending on the nature of the case, the verification request document must clearly state the issues to be verified and the deadline for response. The receiving center shall be responsible for carrying out the verification requests and notifying the requesting center about the verification results, ensuring compliance with the provisions of Clause 2, Article 36 of the Legal Aid Law.

c) Request the Director of the Center to transfer the legal aid case to a legal aid center in another locality to implement. The transfer of legal aid cases shall be carried out in accordance with Clause 1, Article 37 of the Legal Aid Law. The Center shall only transfer legal aid requests to a legal aid center in another locality when it is truly necessary, ensuring cost-effectiveness and the best protection of the rights and legitimate interests of the person making the request.

The transfer of a case to another locality means that the case has been accepted but upon review, it is deemed more beneficial for the person making the request and more cost-effective for both the person and the organization providing legal aid if handled by a center in the locality where the incident occurred. For example, Mr. Nguyen Van A residing in Province Y requests the legal aid from the Center in Province Y regarding a land dispute occurring in Province X. In such a situation, the Center in Province Y can transfer the case file to the Center in Province X to provide legal aid to Mr. Nguyen Van A.

When transferring a legal aid case, the Center prepares a Transfer Form along with the entire case file for the receiving Center and sends a notification to the person making the request to guide them to contact the receiving Center for continued legal aid. The Transfer Form and Notification of the Transfer Request are prepared according to Model No. 13-TP-TGPL and Model No. 14-TP-TGPL issued together with this Circular.

d) Propose the Director of the Center, Branch Head, or head of the participating organization to exercise the right to petition for resolution of the legal aid case if there is sufficient basis to petition regarding issues related to the enforcement of laws. Petitioning shall be carried out in accordance with Clause 1 and Clause 2, Article 41 of Decree No. 07/2007/NĐ-CP.

The petition document shall be in the form of a letter, signed by the authorized person and stamped for confirmation. The petition shall clearly state the grounds and reasons for the petition, summarize the case content; arguments and assessments of the results already resolved by the competent authority, suggestions for considering and resolving the case based on applicable legal provisions (specify the article and clause of the document). The petition document shall be stored and distributed according to the outgoing letter system of the Center, Branch, and participating organization.

The petition document shall be sent to the competent authority or organization handling the case along with relevant documents related to the case (if any), while also sending a copy to the person making the request accompanied by a detailed letter guiding them to contact the competent authority or organization to protect their rights and legitimate interests. The procedure for petitioning about official acts shall be carried out according to the above process and form; petitions for amending and supplementing regulatory legal documents shall be carried out in accordance with the Law on Issuing Regulatory Legal Documents and guiding documents for implementation.

III. LEGAL AID CASE FILE

1. Case File

The organization implementing legal aid shall be responsible for directing the person providing legal aid to establish and retain case files in accordance with regulations to serve the use or review and assessment of the quality of legal aid cases and ensure confidentiality as prescribed.

Case files shall be established and classified accordingly according to each form of legal aid, fully reflecting all data as required on the cover sheet of the file. The cover sheet shall be presented in Model No. 15-TP-TGPL issued together with this Circular.

2. Legal aid mobile case files

Each mobile session must be compiled into a set and have separate case files for each legal consultation matter for management and tracking of results. Mobile legal aid case files include:

a) Notification documents from the Center, Branch regarding the organization of mobile legal aid or invitation letters, official documents from agencies, organizations, units sent to the Center, Branch requesting mobile legal aid;

b) Minutes of mobile legal aid;

c) List of participants in mobile legal aid or those who attended lectures on legal topics during the mobile session;

d) List of persons providing legal aid during the mobile session;

đ) Files of legal aid cases that have been implemented;

e) Report on the results of the mobile legal aid session.

g) Other related documents (if applicable).

Legal consultation matters conducted during mobile sessions shall be updated in the Register of Legal Aid Cases and compiled into case files in accordance with regulations. In cases where simple legal guidance is provided simultaneously to multiple people without distinguishing between subjects, it is not necessary to compile a case file but should be recorded in the mobile minutes.

3. Case files of Legal Aid Club activities

Quarterly, the activity case files of the Club must be sent to the Center or Branch for storage in accordance with regulations. Activity case files of the Club include:

a) Monthly activity plan forecast of the Club;

b) List of participants in Club activities;

c) Club activity minutes bearing the stamp confirming the number of sessions and compiled in accordance with the model charter regulations on the organization and operation of the Club.

Legal consultation matters during Club activities shall be compiled into separate case files in accordance with regulations and updated in the Register of Legal Aid Cases.

4. Form of case files

To facilitate retrieval, use, review, and evaluation of case quality, each case file must contain a list of documents; numbered sequentially for tracking, transfer, management, and storage.

Each case file must have a unique code consisting of symbols in letters and numbers corresponding to the field of legal aid, the name of the implementing organization, the case number in the Register of Legal Aid Cases, and the year of receipt. For example, a file with the code DS.TT.001/2008 means that the case belongs to the civil field, implemented by the Center, has the number 001 corresponding to the number recorded in the Register of Legal Aid Cases at the Center), received in 2008. If the case is implemented by a Branch, the file code will also include the abbreviation of the Branch's name. For example, a file with the code DS.CN1.001/2008 means that the case belongs to the civil field, implemented by Branch No. 01 of the Center, has the number 001 corresponding to the number recorded in the Register of Legal Aid Cases at the Branch), received in 2008. Additionally, different colors of file covers can be used to classify legal aid fields. For example, green for land cases, white for civil cases, yellow for labor cases, pink for family cases...

When storing, documents in the file must be arranged appropriately to facilitate access to files according to each form of legal aid: legal consultation, participation in litigation, representation outside litigation... Each Center has one Register of Legal Aid Cases to record the total number of legal aid cases implemented by the Center in a year (aggregated weekly, monthly, quarterly, semi-annually, annually). Each Branch has one Register of Legal Aid Cases to record the total number of legal aid cases implemented by the Branch in a year (from January 1 to December 31).

IV. REVIEW AND EVALUATION OF QUALITY

1. Self-review and evaluation of legal aid case files

Immediately after completing the case, the person providing legal aid is responsible for self-inspecting the list of documents in the file, reviewing and evaluating the quality of the results of the legal aid case they have implemented before transferring the case file to the Center, Branch, or participating legal aid organization.

A case is considered completed when the request of the person receiving legal aid has been met, the case has ended or has been legally advised, and professional assistance has been provided as prescribed by law, and the person providing legal aid has completed all relevant documents and materials in the legal aid case file in accordance with each form of legal aid.

2. Review and evaluation by the legal aid implementation organization

Upon receiving the legal aid case file transferred by the person providing legal aid, the Director of the Center, Head of the Branch, Heads of specialized departments of the Center, and heads of participating legal aid organizations are responsible for assigning personnel to review and evaluate the quality of the results of the legal aid case.

The review and evaluation of the quality of the results of implementing legal aid cases shall be carried out in accordance with the criteria for evaluating the quality of legal aid cases stipulated in Article 43 of Decree No. 07/2007/NĐ-CP and the Quality Assessment Standards for Legal Aid Cases issued by the Minister of Justice.

V. BASIS FOR LEGAL AID ACTIVITIES

1. Location for reception and work

a) The organization implementing legal aid must arrange a suitable location that is easily identifiable (near residential areas, transportation routes...) to receive and work with individuals seeking assistance to ensure their easy access and ability to present their requests clearly.

In cases where the individual seeking assistance requests private reception or the content of the legal aid case involves sensitive issues or requires confidentiality, the organization implementing legal aid must arrange a private reception area.

b) The location for receiving individuals with requests must be clean, well-ventilated, courteous, equipped with seating, drinking water, and restroom facilities, and meet conditions suitable for public reception as prescribed by law.

c) Organizations implementing legal aid must arrange personnel to receive requests to be on duty during working hours at the designated location. The personnel receiving requests must wear identification cards with photographs and names throughout their work period and have nameplates clearly displaying their names and positions at their desks.

d) Organizations implementing legal aid must be equipped at their workplace with bookshelves containing legal books for research and reference when necessary, essential work tools (telephones, computers, photocopiers, etc.), and automobiles for mobile operations as prescribed by law, and must apply information technology to facilitate database searches and file storage for completed legal aid cases.

2. Contents to be posted publicly

To facilitate the provision of information to individuals with requests, organizations implementing legal aid must publicly post the following contents at their workplaces:

a) Schedule for public reception;

b) Regulations for receiving and working;

c) Categories of individuals eligible for legal aid;

d) Rights and obligations of individuals receiving legal aid;

đ) Rights and obligations of individuals providing legal aid;

e) Procedures for requesting legal aid; forms of legal aid (legal consultation, participation in litigation, representation outside litigation, other forms of legal aid);

f) Situations where legal aid may be refused or discontinued;

g) Prohibited actions in legal aid activities;

h) List of Legal Aid Attorneys and Collaborators under the management of the Center and Branches; list of lawyers and legal consultants from participating organizations.

3. Seals and symbols of legal aid

a) The seals of the Centers and Branches shall be used in accordance with the law on seals of agencies and organizations. The seals shall be engraved according to Model No. 21-TP-TGPL issued together with this Circular.

b) The legal aid symbol shall be uniformly printed on signboards, logos, forms, various types of cards, and documents of organizations implementing legal aid. The symbol shall be displayed according to Model No. 16-TP-TGPL issued together with this Circular.

Part B

STATE MANAGEMENT OF LEGAL AID

I. AUTHORITIES MANAGING LEGAL AID WORK

1. Management by the Ministry of Justice

The Legal Aid Department assists the Minister of Justice in exercising state management and specialized management over legal aid, performing tasks and powers stipulated in Clause 1 of Article 44 of Decree No. 07/2007/NĐ-CP. Specific tasks and powers of the Legal Aid Department are implemented in accordance with the Decision of the Minister of Justice promulgating the Regulation on the Organization and Operation of the Legal Aid Department.

2. Management by Provincial People's Committees

The Department of Justice is responsible for assisting the Provincial People's Committee in managing the legal aid work of Centers and Branches, and participating organizations in the locality, performing tasks and powers stipulated in Clause 1 of Article 46 of Decree No. 07/2007/NĐ-CP. The Department of Justice takes the initiative and coordinates with relevant departments to implement state management, statistical systems, reporting, and archiving of legal aid activities in the locality.

The Department of Justice directs the Center to coordinate with the Justice Office in assisting the District People's Committee in state management of legal aid activities; directs the Center and Branches in building and developing networks of collaborators; and directs guidance on the establishment and professional activities of local legal aid clubs.

II. STATISTICAL SYSTEMS, REPORTING, AND ARCHIVING

1. Statistical System

Centers, Branches, and participating organizations in legal aid must regularly conduct monthly, semi-annual, and annual statistics on legal aid cases. Statistical activities, systems, and procedures are carried out in accordance with the law on statistics.

The training institution is responsible for submitting reports on the results of each course to the Construction Department of the locality where its headquarters is located and where the training takes place for monitoring and management (according to the model in Appendix 11 of this Circular);

a) Organizations implementing legal aid must submit regular semi-annual and annual reports to the Provincial People's Committee; monthly, semi-annual, and annual reports, special reports, or thematic reports as directed, guided, and required by the Legal Aid Department and the Ministry of Justice. Reports are made according to Models No. 17-TP-TGPL, No. 18-TP-TGPL, and No. 19-TP-TGPL issued together with this Circular.

b) Depending on the content to be reported, regarding organization, operation, or operational funding, the Center reports periodically or urgently; or thematic reports as directed, guided, and required by the Department of Justice; participating organizations report on their organization and operation to the Department of Justice annually as prescribed.

Monthly reports must be submitted before the 25th day of each month; semi-annual reports must be submitted before June 25; annual reports must be submitted before December 25 of the reporting year.

c) The statistical system, reporting procedures, and formats are implemented according to the guidance of the Director of the Legal Aid Department.

3. Archiving System

Centers, Branches, and participating organizations in legal aid must archive legal aid case files in accordance with Article 44 of the Legal Aid Law and regulations on archives and record keeping.

III. INSPECTION, AUDIT, COMPLAINT RESOLUTION, AND PROSECUTION

1. Objectives, Content, and Timeframe for Inspection

- Inspect the implementation of laws on legal aid by Centers, Branches, and participating organizations (law firms, law companies, legal counseling centers) in the locality; 

- Inspect the organizational structure and operations of legal aid implementing organizations;

- Inspect the utilization of resources by legal aid implementing organizations;

- Inspect the implementation of laws on legal aid by legal aid providers in the locality;

- The timeframe and content of periodic inspections must be notified to the inspected entities at least seven working days prior to the inspection.

2. Authorities and Organizations Implementing Inspections, Audits, Complaint Resolution, and Prosecution

a) The Legal Aid Agency assists the Minister of Justice in organizing the implementation and monitoring, evaluating the implementation of laws on legal aid nationwide; periodically and randomly inspecting the organization and operation of legal aid within its authority.

b) The Department of Justice assists the People's Committee of the province in organizing the implementation and monitoring, evaluating the implementation of laws on legal aid at the local level; periodically and randomly reporting according to its authority or upon request of the Ministry of Justice or the People's Committee of the province regarding the organization and operation of legal aid by legal aid implementing organizations in the locality.

c) The managing organization of the legal counseling organization conducts inspections and reports on the implementation of laws on legal aid for subordinate legal counseling organizations; the social-professional organization of lawyers carries out supervision over compliance with and implementation of laws on legal aid for registered practicing lawyer organizations participating in legal aid, cooperating with the Department of Justice to conduct inspections and supervision over their participation in legal aid activities.

d) The Ministry of Justice (Legal Aid Agency, Inspectorate of the Ministry), the People's Committee of the province (Provincial Inspectorate), the Department of Justice (Inspectorate of the Department) carry out inspections on the organization and operation of legal aid in accordance with the law on inspection; handle complaints and appeals in the field of legal aid in accordance with the law on legal aid and the law on complaints and appeals.

Part C

EFFECTIVE DATE

This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular No. 07/1998/TT-BTP dated December 5, 1998, issued by the Minister of Justice guiding the management and implementation of legal aid work.

During the implementation process, if there are difficulties, obstacles, or new issues arising, the Legal Aid Agency, the Department of Justice, legal aid implementing organizations, and related units and individuals have the responsibility to propose to the Minister of Justice for consideration, resolution, amendment, and supplementation to ensure appropriateness./.