Circular No. 07/1998/TT-BTP guiding the management and implementation of legal aid

✦ Tóm lược thông minh

Circular No. 07/1998/TT-BTP guides the management and implementation of legal aid for the poor and policy beneficiaries. The content specifies the responsibilities of the Ministry of Justice and the Department of Justice, procedures for establishing Legal Aid Centers, standards for legal aid officers, rights and obligations of those providing and receiving legal aid, as well as record keeping and reporting activities.

Đối tượng áp dụng

The Ministry of Justice, Departments of Justice, Legal Aid Centers, legal aid officers, volunteers, the poor, and policy beneficiaries.

Các điểm cốt lõi

The Ministry of Justice is responsible for drafting legal documents on legal aid, guiding and inspecting the implementation of such regulations; managing the Legal Aid Fund and supporting local legal aid organizations in difficult areas.
The Director of the Department of Justice is responsible for developing the Project to establish Legal Aid Centers, proposing the appointment of Center Directors, inspecting and resolving complaints about legal aid activities; regularly reporting to the Ministry of Justice and the Provincial People's Committee.
Legal Aid Centers are responsible for building a team of volunteers, preparing physical facilities and legal materials to carry out legal aid activities.
Those providing legal aid must wear identification cards, accept requests for assistance, guide recipients in exercising their rights and fulfilling their obligations; refuse assistance when it falls outside their jurisdiction or if false information is provided.
Recipients of legal aid must present confirmation papers, submit applications for assistance, truthfully report the content of the case, and comply with the internal rules of the legal aid organization.

🌐 Tác động xã hội từ văn bản này

Positive impact: Helps the poor and policy beneficiaries protect their legitimate rights; reduces financial burdens when they need legal advice or representation.
Negative impact: May lead to dependence on legal aid, limiting the ability of citizens to resolve legal issues independently.

❓ Câu hỏi thường gặp

How are Legal Aid Centers established?

The Director of the Department of Justice develops the Project to be submitted to the Provincial People's Committee for decision. The Project dossier includes a submission letter, draft Decision, and operational regulations of the Center.

What can legal aid providers refuse?

Legal aid providers may refuse cases where the request for assistance contravenes laws and social morals, the recipient does not qualify for aid, or intentionally provides false information.

Which authorities can Legal Aid Centers request information from?

Legal Aid Centers have the right to request relevant agencies and organizations to provide or facilitate access to necessary information and documents for the purpose of implementing legal aid.

What must recipients of legal aid do?

Recipients of legal aid must present confirmation papers indicating eligibility for aid, submit applications for assistance according to the prescribed form, truthfully report the content of the case, and provide requested information and documents.

How are legal aid files stored?

After completing the legal aid case, within 15 days, the provider of legal aid must hand over the file to the archives department of the legal aid organization for storage. Files are kept according to regulations on case file storage and may retain valuable files for research purposes.

Toàn văn

CIRCULAR

Guidelines on the management and implementation of legal aid

_______________________

To implement Decision No. 734/TTg dated September 6, 1997 of the Prime Minister regarding the establishment of organizations to provide legal aid for the poor and policy beneficiaries; to create conditions for citizens to protect their legitimate rights and interests, while supporting state agencies and organizations in performing their tasks within the framework and in accordance with the law; contributing to protecting the rule of law, the interests of the State, society, and citizens;

To ensure that legal aid activities are carried out uniformly and effectively throughout the country, the Ministry of Justice provides specific guidelines on the management and implementation of legal aid as follows:

I. MANAGEMENT OF LEGAL AID WORK

A. RESPONSIBILITIES OF THE MINISTRY OF JUSTICE AND PROVINCE DEPARTMENTS OF JUSTICE

1. The Ministry of Justice assists the Government in managing legal aid activities uniformly across the country, with the following main tasks and powers:

1.1. Drafting legal documents on legal aid to be submitted to higher-level state agencies for issuance or issuing them within its authority and organizing their implementation;

1.2. Directing and guiding provincial Departments of Justice in advising and proposing to Provincial People's Committees to perform state management functions, build, and improve local legal aid organizations;

1.3. Issuing regulations on professional, technical, and operational matters related to legal aid work within its authority and guiding and inspecting the implementation of these regulations;

1.4. Directing and guiding on professional and operational matters related to legal aid for State Legal Aid Centers (hereinafter referred to as Centers), answering and guiding on the application of legal provisions in cases requested by Centers;

1.5. Organizing training, capacity building, information exchange, skill development, and professional ethics for legal aid officers and volunteers;

1.6. Guiding Centers to conduct mid-term and final reviews of practical legal aid work;

Awarding commendations or recommending higher-level state agencies to award commendations to collectives and individuals who have achieved outstanding results in legal aid work;

1.7. Cooperating with Provincial People's Committees to resolve issues arising from actual needs or at their request or proposals from the Department of Justice;

1.8. Implementing international cooperation in legal aid and monitoring, guiding, and inspecting the implementation of cooperative projects in this field;

1.9. Managing the Legal Aid Fund and providing support to legal aid organizations in areas facing difficulties;

1.10. Carrying out other state management activities concerning the organization and operation of legal aid as prescribed by law.

The Legal Aid Administration is responsible for assisting the Minister of Justice in implementing the tasks and powers stipulated herein.

2. The Director of the Province Department of Justice in the field of state management of legal aid work shall perform the following tasks and powers:

2.1. Drafting the Project to be submitted to the Provincial People's Committee for decision on establishing a Center;

2.2. Proposing the Chairman of the Provincial People's Committee to appoint or relieve the Director of the Center and promulgating the Regulations on the organization and operation of the Center; ensuring staffing, material infrastructure, operating funds, and creating favorable conditions for the Center to operate effectively according to Circular Joint No. 52/TTLT-TP-TC-TCCP-LĐTBXH dated January 14, 1998;

2.3. Appointing or relieving Deputy Directors of the Center upon the proposal of the Center Director;

2.4. Establishing branches of the Center and appointing or relieving Branch Chiefs and Deputy Branch Chiefs upon the proposal of the Center Director;

2.5. Directing the implementation of policies for Center staff as prescribed by law;

2.6. Inspecting and resolving complaints and reports about the legal aid activities of legal aid officers;

2.7. Rewarding and disciplining collective and individual Center staff and recommending the Provincial People's Committee and the Ministry of Justice to reward or discipline them according to the law;

2.8. Recommending the Provincial People's Committee and the Ministry of Justice to consider and resolve legal aid issues within their jurisdiction;

2.9. Reporting periodically every quarter, six months, and annually on the organization and operation of the Center to the Ministry of Justice and the Provincial People's Committee;

2.10. Performing other legal aid powers and duties as directed by the Provincial People's Committee and the Ministry of Justice according to the law.

B. PROCEDURES FOR ESTABLISHING CENTERS

Based on Decision No. 734/TTg dated September 6, 1997 of the Prime Minister and guiding documents, based on the need for legal aid of the people and the economic and social conditions of the locality, after consulting relevant departments, the Director of the Province Department of Justice shall draft the Project to establish a Center to be submitted to the Provincial People's Committee for decision.

The Project dossier includes: a report on the establishment of the Center; a draft Decision on the establishment of the Center, the Regulations on the organization and operation of the Center; a document proposing the appointment of the Center Director.

The report on the establishment of the Center should include the following main contents:

1. Specific functions and tasks of the Center based on the guidance provided in Circular Joint No. 52/TTLT-TP-TC-TCCP-LĐTBXH dated January 14, 1998 of the Ministry of Justice - Ministry of Finance - Civil Service Commission of the Government - Ministry of Labor, Invalids, and Social Affairs;

2. The target group for legal aid and the scope of the Center's operations;

3. Methods of legal aid (specific forms of activity, noting activities with special characteristics suitable to the actual conditions and circumstances of the locality);

4. Methods of coordination with relevant agencies, organizations, and individuals to perform functions and tasks (regarding publicity for legal aid activities, identifying beneficiaries and volunteer needs, making recommendations or transferring requests to competent authorities to resolve cases, other common activities);

5. Organizational structure (projected staffing of the Center by positions, sources of personnel, methods of selection, arrangement, and utilization of personnel).

6. Material and financial resources: including plans for material infrastructure (headquarters, equipment, working materials) and operating funds;

7. Implementation plan for legal aid activities (short-term and long-term).

C. PREPARATION WORK FOR THE OPERATIONS OF THE CENTER

1. Regarding organization and staff

In addition to the Director position which may be concurrently held by the leader of the Department of Justice, other officials must belong to the dedicated establishment of the Center. During the initial period, if there is no recruitment source for officials for the Center, it is possible to transfer qualified officials from other departments within the Department to perform legal aid tasks. In the long term, there needs to be a plan to nurture young officials with the ability to carry out these tasks.

2. Regarding associates

The Center needs to build a team of associates ensuring that each field of law within the scope of legal aid has at least one associate responsible. Emphasis should be placed on expanding the network of associates down to the district level (to the commune level, if conditions permit), selecting associates who are grassroots legal officers, lawyers with legal qualifications and experience residing in the locality to facilitate easy access for the public. To ensure the objectivity of cases, judges, prosecutors, and investigators should not be selected as associates.

Where conditions permit, localities can propose regular workspaces for associates at the headquarters of the Legal Department so they can provide assistance directly at the grassroots level.

Through mediation teams, the Center will review and compile statistics on legal assistance needs and difficulties faced by beneficiaries to develop appropriate implementation plans.

3. Regarding legal documents

Along with ensuring material infrastructure, the Department of Justice requests the Provincial People's Committee to invest in building a legal library for the Center so that officials can update themselves on the latest legal documents, avoiding errors in legal aid activities.

4. Regarding seals and symbols of legal aid organizations

4.1. The seal of the legal aid organization follows the model in Appendix No. 01 of this Circular.

4.2. To familiarize the public and relevant agencies and organizations and make them easily recognizable when approaching or cooperating with legal aid activities, it is necessary to print a unified symbol on the signboards of legal aid organizations and on transaction forms of legal aid organizations.

The symbol of the legal aid organization follows the model in Appendix No. 01 of this Circular.

II. STANDARDS FOR LEGAL AID PROFESSIONALS AND BUSINESS RULES FOR LEGAL AID

1. Standards for legal aid professionals

Legal aid professionals are civil servants working at legal aid organizations assigned to implement legal aid tasks, having professional standards of the judicial civil service rank from legal officer and above as stipulated in Decision No. 483/TCCB-QĐ dated July 26, 1993 of the Minister of Justice and must have attended legal aid business training organized by the Ministry of Justice.

2. Legal aid professionals and associates implementing legal aid shall comply with the following business rules:

2.1. Strictly enforce relevant legal regulations;

2.2. Ensure the implementation of legal aid within the scope and target, accurately, promptly, objectively, and fairly;

2.3. Maintain the reputation and honor of the legal aid organization;

2.4. Shall not refuse cases already accepted, except for justifiable reasons and bear personal responsibility for the content of legal aid activities;

2.5. Shall not provide legal aid to subjects with conflicting interests in the same case, except for legal consultations or mediation work;

2.6. Shall not disclose information or secrets of the aided subject known during the provision of legal aid unless otherwise provided by law or agreed upon by the subject;

2.7. Shall not demand remuneration or promise results of the case to the aided subject.

III. RIGHTS AND OBLIGATIONS OF PERSONS IMPLEMENTING LEGAL AID

When providing legal aid to poor people and policy beneficiaries (hereinafter referred to as legal aid beneficiaries), legal aid professionals and associates have the following rights and obligations:

1. Wear a legal aid professional badge (civil servant card) on the left chest;

2. Accept requests for legal aid from beneficiaries; when interacting, they must maintain a courteous, respectful, and polite attitude, respecting the beneficiary; shall not be rude, shirk, or refuse assistance requests unless outside their jurisdiction according to the law.

Do not meet beneficiaries at private residences;

3. Guide beneficiaries to fulfill their rights and obligations;

4. Require beneficiaries to present a full and clear description of the legal aid request and provide related information, documents, and materials;

5. Refuse assistance to beneficiaries in the following situations:

5.1. Requests for legal aid contrary to the law and social morals;

5.2. Beneficiaries not eligible for aid;

5.3. Situations specified in Point 2.5, Chapter II of this Circular;

5.4. Beneficiaries intentionally provide false documents or information;

5.5. Beneficiaries are intoxicated, disrupting the order where legal aid is being provided; insulting the organization and those providing aid; violating the rules and internal regulations of the legal aid organization.

Persons providing aid must report to the leadership of the legal aid organization when refusing to handle a case.

6. Request relevant agencies and organizations to provide or create conditions for accessing and copying necessary information and materials for the implementation of legal aid. When interacting with relevant agencies and organizations to perform duties, they must adhere to official regulations, maintain a serious attitude, respect, and comply with the internal rules and regulations of those agencies and organizations;

7. Implement legal aid in accordance with the provisions of this Circular, comply with legal aid business rules, and other relevant legal provisions.

IV. RIGHTS AND OBLIGATIONS OF LEGAL AID BENEFICIARIES

1. Present a Certificate confirming eligibility as a beneficiary and other related documents, papers, and materials (if any);

2. Submit the application for legal aid (in accordance with Appendix No. 02 of this Circular) and copies of relevant documents and materials related to the case requesting legal aid; no request for return of submitted papers shall be made.

3. Receive legal aid within the scope and methods prescribed by law.

4. Truthfully present the content of the case and provide information and materials upon request of the person providing legal aid; report the results of the case receiving legal aid to the Center.

5. Request confidentiality regarding the content of the case (if deemed necessary).

6. In cases where multiple individuals request legal aid on the same matter, appoint a representative to present the request for legal aid.

7. Adhere to the internal regulations and organizational rules of legal aid as guided by the person providing legal aid.

8. Have the right to lodge complaints or reports against the leadership of the legal aid organization regarding actions that obstruct, cause inconvenience, or violate the law by the person providing legal aid.

V. IMPLEMENTATION, STORAGE OF LEGAL AID FILES AND REPORTING SYSTEM

A. PROCEDURES AND REQUIREMENTS FOR IMPLEMENTING LEGAL AID

At the place where legal aid is provided, a schedule and regulations on legal aid must be posted so that everyone can know and comply with them.

1. When receiving an application for legal aid from the applicant, the person providing legal aid must check the documents confirming the eligibility for legal aid and other documents in the file.

1.1. In cases where the applicant self-declares eligibility for legal aid but lacks the Confirmation Certificate, if the legal aid case is simple (legal consultation, oral or written Legal Advice Form (in accordance with Appendix No. 07 of this Circular) not exceeding 45 minutes), it may be resolved immediately.

If the case is complex (requiring more than 45 minutes of consultation time) or requires issuing an Introduction Letter, Transfer Form, Petition Form, or needs to invite a lawyer to represent or defend, the person providing legal aid will guide the applicant to apply for the Confirmation Certificate.

1.2. If the application for legal aid is incomplete, request supplementation; for complex cases that cannot be resolved immediately, issue a Notice of Appointment (in accordance with Appendix No. 04 of this Circular).

2. Apart from the application for legal aid, the legal aid organization only accepts copies of relevant documents and materials from the applicant and does not return these documents to the applicant; when receiving the file, issue a Receipt of File (in accordance with Appendix No. 03 of this Circular) if requested by the applicant.

3. If the content of the case falls under the jurisdiction of a field of law handled by a volunteer who provides legal aid outside the office premises, issue an Introduction Letter (in accordance with Appendix No. 05 of this Circular).

4. The person providing legal aid must refuse legal aid or be replaced by the legal aid organization in cases stipulated in Point 2.5, Chapter II of this Circular.

5. If the case is found to fall under the jurisdiction of another agency or organization, issue a Transfer Form (in accordance with Appendix No. 06 of this Circular).

6. For cases requiring investigation, verification, or resolution in another province or centrally governed city, the Center may cooperate or transfer the case to the Center in that locality for implementation.

7. When studying and examining a specific case of legal aid that has been resolved by an authorized agency, if there is evidence to confirm that the resolution does not comply with the provisions of the law, the legal aid organization should verify and discuss with the agency to clarify the issue and find measures to address it; in necessary cases (due to the handling agency not rectifying the consequences), issue a Petition for Measures to Resolve the Case with the agency (in accordance with Appendix No. 08 of this Circular). The petition must contain necessary information, analyze the situation, provide applicable legal grounds, and guide the resolution.

The petition is implemented according to the management and circulation system of official documents of the State.

The petition process is carried out as follows:

7.1. The Director of the Center directly petitions for cases within the jurisdiction of agencies and organizations at the district and commune levels.

7.2. The Director of the Center petitions and recommends the Director of the Department of Justice to petition in necessary cases for matters within the jurisdiction of agencies and organizations at the provincial level.

7.3. The Director of the Center petitions and recommends the Director of the Legal Aid Agency to petition in necessary cases for matters within the jurisdiction of central organizations and agencies.

7.4. If the legal aid case is handled by the Legal Aid Agency, the Director of the Legal Aid Agency directly petitions the competent authorities (central or local) to resolve the case.

8. During the implementation of legal aid, if conflicting, contradictory, or unsuitable laws are discovered, proposals and petitions should be made to the competent state agencies to amend, supplement, or replace these laws.

Proposals and petitions are carried out as follows:

8.1. The Director of the Center directly petitions or proposes to the Department of Justice to petition the People's Councils and People's Committees at all levels regarding local laws.

8.2. The Director of the Center proposes to the Legal Aid Agency for the Director of the Legal Aid Agency to propose to the Minister of Justice to petition the Government, the Standing Committee of the National Assembly, and the National Assembly regarding laws issued by central organizations and agencies.

8.3. For conflicting, contradictory, or unsuitable laws discovered during the implementation of legal aid, the Director of the Legal Aid Agency directly petitions the issuing state agency or proposes to the Minister of Justice to petition the Government, the Standing Committee of the National Assembly, and the National Assembly if the law is issued by a central organization or agency.

9. For direct assistance provided orally, the person providing legal aid must record a summary of the case presented by the subject and the content of the legal aid, the time of assistance, and other relevant contents in the Legal Aid Register according to the item (Appendix No. 9 of this Circular) and then hand it over for the subject to review (or read aloud if they cannot read) and sign to confirm; for direct written legal aid, a summary of the case presented by the subject and the content, the number of the legal aid document, and other relevant contents must be recorded in the Legal Aid Register according to the item, then handed over for the subject to review (or read aloud) and sign to confirm.

For indirect assistance provided through letters or telephone (without meeting the subject directly), the person providing legal aid must also record in the Legal Aid Register as in the case of direct legal aid but without requiring the subject's signature.

10. The person providing legal aid must report the content of the legal aid case according to the item in the Legal Aid Monitoring Register (Appendix No. 10 of this Circular) to the Secretary of the legal aid organization for inclusion in the Register.

B. LEGAL AID FILES AND STORAGE REGIME

1. After completing the legal aid case, within 15 days, the person providing legal aid must hand over the Legal Aid File to the Secretary of the legal aid organization for storage.

2. Legal aid files must be listed separately for each case for easy reference. Legal aid case files must be numbered and arranged according to the field of legal aid and in chronological order consistent with the records in the Legal Aid Register.

3. Legal aid files must be preserved in accordance with regulations on the storage of case files.

4. The retention period is 10 years. The legal aid organization may retain files of value for research work or as reference materials.

C. REPORTING REGIME

The center must submit periodic reports (quarterly, semi-annually, and annually) to the Department of Justice and the Legal Aid Agency according to Appendix No. 11 of this Circular, and submit ad hoc reports as required.

VI. RELATIONSHIP WITH RELEVANT AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

Free legal aid for the poor and policy beneficiaries is a major policy of the Party, a responsibility of the State and society as a whole, with the judicial sector tasked with organizing its implementation. To effectively carry out this activity, the judicial sector and legal aid organizations need to seek support and closely cooperate with state agencies, political and social organizations, and citizens in the following areas of work:

1. Cooperate with agencies and mass media such as television, radio, newspapers, etc., to widely disseminate free information about the organization and activities of legal aid (address, phone number, summary of legal aid content) so that the public can know and access them. When conditions permit, gradually establish legal aid columns in the media, newspapers, television, and telephones, etc.;

2. Cooperate with relevant agencies, organizations, and individuals in recommending legal aid personnel with legal knowledge, experience, and skills (consultation, representation, defense) as volunteers;

3. Cooperate with internal security agencies (Courts, Prosecution, Police, Inspection) and reception offices of agencies and organizations in introducing subjects who need legal aid (guiding subjects to legal aid organizations);

4. Cooperate with agencies and organizations responsible for handling citizen complaints and grievances in resolving legal aid requests;

5. Cooperate with agencies and organizations responsible for popularizing and educating the law in issuing pamphlets, pocket books on legal issues commonly encountered by the people, distributing them free of charge to legal aid recipients; organizing dissemination, training, and equipping grassroots cadres (villages, communes) and mediators with basic legal knowledge and legal aid skills to guide and answer common legal questions;

6. Cooperate with agencies and organizations responsible for advising provincial People's Committees on issuing a unified type of poverty certificate in the province to facilitate transactions, loans, medical treatment, and legal aid applications;

7. Request the Party committees, authorities, agencies, and organizations to support and create favorable conditions for research, collection, copying of files and materials for this work, as well as timely, accurate, and clear handling of cases where legal aid organizations propose appropriate measures for resolution in accordance with the law;

8. Legal aid organizations, when providing legal aid to subjects, must have the responsibility to explain, mediate, contribute to reducing unnecessary tension and conflicts in social life; assist Party and State agencies in promptly identifying manifestations of impulsiveness and spontaneity among the masses to take preventive measures, to a certain extent participate in implementing mass mobilization work, contributing to stabilizing the political and social situation and economic development of the locality; promptly identify errors and manifestations of bureaucracy and corruption arising in the State machinery to help agencies and units take timely measures to address them.

To ensure smooth cooperation between the judicial sector, legal aid organizations, and relevant agencies, organizations, and individuals at the local level regarding legal aid activities, the Director of the Department of Justice has the responsibility to develop plans and propose the Chairman of the Provincial People's Committee to organize the dissemination and implementation of the objectives, significance of legal aid activities, functions, and responsibilities of legal aid organizations, and related legal documents for relevant departments, agencies, and local People's Committees to implement in coordination.

VII. IMPLEMENTATION PROVISIONS

This Circular takes effect 15 days from the date of signing.

During the implementation process, if new issues arise or difficulties and obstacles occur, please reflect them to the Ministry of Justice for consideration and resolution./.

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