Circular No. 05/2022/TT-BTP stipulates the code number, standards, and salary grading for the profession and career title of legal aid assistant officials.

CIRCULAR

Regulations on code number, standards, and salary grading for the position ofof legal aid assistant civil servants

Pursuant to the Legal Aid Law dated June 20, 2017;

Pursuant to the Law on Public Servants dated November 15, 2010; Law amending and supplementing certain Articles of the Civil Servants Law and the Public Officer Law dated November 25, 2019;

The Minister of Information and Communication issues this Circular on regulations regarding receiving citizens, handling and resolving complaints, reports, petitions, and reflections of the Ministry of Information and Communication.Article 115/2020/ND-CP dated September 25, 2020, of the Government on recruitment, utilization, and management of civil servants;

Pursuant to Decree No.Decree No. 204/2004/NĐ-CP December 14, 2004, of the Government on salary system for cadres, public officials, civil servants, and armed forces; Decree No.17/2013/ND-CP February 19, 2013, of the Government amending and supplementing certain provisions of Decree No. đArticle204/2004/ND-CP dated December 14, 2004 of the Government on salary system for cadres, public officials, civil servants, and armed forces;

The Minister of Information and Communication issues this Circular on regulations regarding receiving citizens, handling and resolving complaints, reports, petitions, and reflections of the Ministry of Information and Communication.96/2017/NĐ-CP dated January 16 the 8 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).7 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Justice;

Based on the consensus opinion of the Ministry of Home Affairs;

At the proposal of the Director of the Legal Aid Agency;

Article 2. Code Numbers for Judicial Records Professional TitlesNo.1. Grade I Judicial Records Officer - Code Number: V.01.01.01. and salary grading for the profession of legal aid officer organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.assistant Article 2. General provisions on economic and technical standards legal assistance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the code number, standards, and salary grading for the position of legal aid assistant civil servant.

Article 2. This Circular applies to legal aid assistant civil servants working at State Legal Aid Centers and related agencies, organizations, and individuals.

Chapter 2. Code Number and Classification of Positions for Legal Aid Assistant Civil Servants

Clause 1. Legal Aid Assistant Civil Servant Class I - Code Number: V02.01.00

Clause 2. Legal Aid Assistant Civil Servant Class II - Code Number: V02.01.01

Clause 3. Legal Aid Assistant Civil Servant Class III - Code Number: V02.01.02

Chapter II

OCCUPATIONAL STANDARDS

Chapter 3. Professional Ethics Standards for Legal Aid Assistant Civil Servants

Point 1. Adhere to the ethical standards of civil servants in the Justice Sector.

Point 2. Adhere to the regulations and professional rules of legal aid.

Chapter 4. Standards for Educational Qualifications and Training

Point 1. Hold a bachelor’s degree in law or higher.

Point 2. Possess a certificate of completion of lawyer training or be exempted from lawyer training according to the law.

3. Hold a certificate of examination results for probationary training in legal aid or a certificate of examination results for probationary training in lawyer practice, except in cases where the legal aid assistant has been appointed under the Legal Aid Law 2006 or exempted from probationary training in legal aid according to the provisions of the law.

Chapter 5. Legal Aid Assistant Civil Servant Class I - Code Number: V02.01.00

1. Tasks

Subpoint a) Implement legal aid in accordance with laws on legal aid.

b) Review the quality of legal aid cases handled by legal aid officers of Class I, Class II, and Class III, and other legal aid providers as assigned by the Center for State Legal Aid Leadership;

c) Evaluate the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation of legal aid officers of Class I, Class II, and Class III, and other legal aid providers as assigned;

Subpoint d) Advise the State Legal Aid Center to make recommendations to competent state authorities regarding issues related to legal aid case resolution.

Subpoint đ) Lead research, drafting, or implementing legal aid documents, programs, and plans.

Subpoint e) Organize editing or compiling legal aid training programs and materials.

Subpoint g) Organize reviews, studies, proposals, and recommendations to improve relevant legal documents concerning legal aid activities.

Subpoint h) Conduct research to propose innovative ideas to enhance the effectiveness of legal aid work.

Subpoint i) Organize or participate in training and guiding legal aid skills for legal aid providers.

Subpoint k) Perform other tasks as assigned.

Clause 2. Professional Competence Standards

Subpoint a) Proficiently understand and apply Party policies, guidelines, and state laws in legal aid work.

Subpoint b) Have knowledge and understanding of the legal system and specialized knowledge in various legal fields assigned.

Subpoint c) Skillfully perform legal aid tasks; effectively lead legal aid activities.

đ) Have the ability to guide professional expertise, vocational skills, and legal aid assistance for legal aid officers of Class II and Class III, and other legal aid providers; have led the review of the quality of at least 20 litigation cases handled by legal aid officers of Class II or higher, or at least 20 litigation cases resolved by provincial-level or higher prosecution agencies;

Subpoint e) Possess basic information technology skills, foreign language proficiency, or ethnic minority language proficiency for civil servants working in ethnic minority regions as required by job positions.

g) Civil servants who take the examination or are considered for promotion to the position of legal aid officer of Class I must have held the position of legal aid officer of Class II or equivalent for a cumulative period of six years or more (72 months), including at least one year (12 months) in the position of legal aid officer of Class II, calculated up to the deadline for submitting application registration for the examination or promotion;

Article 6. Legal aid assistant level II - Code: V02.01.01

1. Tasks

Subpoint a) Implement legal aid in accordance with laws on legal aid.

b) Review the quality of legal aid cases handled by legal aid officers of Class II, Class III, and other legal aid providers as assigned by the Center for State Legal Aid Leadership;

c) Evaluate the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation of legal aid officers of Class II, Class III, and other legal aid providers as assigned;

d) Study, develop, or organize the implementation of legal aid documents, programs, and plans; participate in developing legal aid documents, programs, and plans assigned;

đ) Organize editing or participate in compiling training programs and materials on legal aid;

e) Organize or participate in training, guiding professional skills and legal aid techniques for legal aid assistants level III and other legal aid providers;

g) Perform other tasks assigned;

Clause 2. Professional Competence Standards

Subpoint a) Proficiently understand and apply Party policies, guidelines, and state laws in legal aid work.

b) Have knowledge and understanding of the legal system and expertise in the assigned field of law;

c) Proficiently perform legal aid services; effectively implement legal aid activities;

đ) Possess the ability to guide professional skills and legal aid techniques for legal aid assistants level III and other legal aid providers;

Subpoint e) Possess basic information technology skills, foreign language proficiency, or ethnic minority language proficiency for civil servants working in ethnic minority regions as required by job positions.

g) Civil servants who take the examination or are considered for promotion to the position of legal aid officer of Class II must have held the position of legal aid officer of Class III or equivalent for a cumulative period of nine years or more (108 months), including at least one year (12 months) in the position of legal aid officer of Class III, calculated up to the deadline for submitting application registration for the examination or promotion;

Article 7. Legal aid assistant level III - Code: V02.01.02

1. Tasks

Subpoint a) Implement legal aid in accordance with laws on legal aid.

b) Review the quality of legal aid cases handled by legal aid assistants level III and other legal aid providers assigned by the Center for State Legal Aid leadership;

c) Evaluate the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation of legal aid officers of Class III and other legal aid providers as assigned;

d) Participate in research, drafting legal documents, programs, and plans for legal aid at the local level; participate in editing or compiling programs, materials, or training and enhancing vocational legal aid skills as assigned;

đ) Perform other tasks assigned;

Clause 2. Professional Competence Standards

a) Possess the ability to apply Party policies, guidelines, and state laws in legal aid work;

b) Have knowledge and understanding of the assigned field of legal aid law;

c) Possess the ability to guide the application of legal aid laws for lawyers contracted to provide legal aid and legal aid volunteers;

d) Have basic information technology skills, be able to use foreign languages or ethnic minority languages for staff working in ethnic minority regions as required by job positions;

Chapter III

GUIDELINES FOR APPOINTMENT AND SALARY GRADINGACCORDING TO OCCUPATIONAL TITLES

Article 8. Principles for appointment and salary grading by professional titles for legal aid staff

1. The appointment to professional titles for legal aid staff must ensure compliance with the standards for the appointed professional titles.

2. When appointing from the current civil servant rank to the professional title of legal aid staff, it is not allowed to combine salary grade advancement or promotion of the professional title of civil servant.

Article 9. Salary Grading Method

1. The position of legal aid officer is applied to the Salary Table for Professional and Vocational Staff in State-Owned Public Institutions (Table 3) issued together with Decree No. 204/2004/ND-CP dated December 14, 2004, of the Government on the salary system for cadres, public officials, civil servants, and armed forces, and Decree No. 17/2013/ND-CP dated February 19, 2013, of the Government amending and supplementing certain provisions of Decree No. 204/2004/ND-CP, specifically as follows:

a) The professional title of legal aid assistant level I shall be applied to the civil servant salary coefficient type A3, group A3.1 (salary coefficient from 6.20 to 8.00);

b) The professional title of legal aid assistant level II shall be applied to the civil servant salary coefficient type A2, group A2.1 (salary coefficient from 4.40 to 6.78);

c) The professional title of legal aid assistant level III shall be applied to the civil servant salary coefficient type A1 (salary coefficient from 2.34 to 4.98);

2. The process of assigning salaries to the positions of legal aid officers according to the provisions of Clause 1 of this Article for civil servants who have already been assigned salaries to various ranks according to Circular No. 06/2010/TT-BNV dated July 26, 2010, of the Minister of Home Affairs on the positions, code numbers of legal aid officer ranks, Decree No. 204/2004/ND-CP, and Decree No. 17/2013/ND-CP shall be carried out as follows:

In cases where civil servants meet the conditions for appointment to the position and have the same coefficient and grade salary as the old rank, they will be assigned the same grade and percentage (percent) of seniority allowance exceeding the ceiling (if any) currently enjoyed at the old rank (including time for future grade salary increase or seniority allowance exceeding the ceiling if any at the old rank) to the new position being appointed.

3. After changing the position, civil servants who have been appointed to the new position according to this Circular shall be assigned salaries according to the guidelines in Clause 1, Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007, of the Minister of Home Affairs guiding the assignment of salaries when upgrading, transferring ranks, or types of civil servants.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Implementation Organization

This Circular serves as the basis for implementing the recruitment, utilization, and management of legal aid staff.

Article 11. Transitional Provisions

1. Cases where civil servants have been appointed to the positions of legal aid officer of Class II and Class III before this Circular takes effect shall continue to hold the positions they were appointed to.

2. In cases that have been approved by competent authorities to meet the conditions for promotion examination or test before the effective date of this Circular, the occupational title standards for legal aid assistants shall be applied as prescribed in Joint Circular No. 08/2016/TTLT-BTP-BNV dated June 23, 2016, issued by the Minister of Justice and the Minister of Home Affairs on the code numbers and occupational title standards for legal aid assistant officials.

Article 12. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from October 20, 2022, and replaces Joint Circular No. 08/2016/TTLT-BTP-BNV dated June 23, 2016, issued by the Minister of Justice and the Minister of Home Affairs on the code numbers and occupational title standards for legal aid assistant officials.

2. The Director of the Legal Aid Agency, Heads of units under the Ministry, Directors of Departments of Justice, Directors of Departments of Home Affairs of provinces and centrally governed cities, Directors of State Legal Aid Centers, and individuals and organizations related to this matter are responsible for implementing and organizing the implementation of this Circular.

3. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

During the implementation process, if there are any difficulties, please report them to the Ministry of Justice for consideration and resolution./.