Decree No. 07/2007/ND-CP detailing and guiding the implementation of certain provisions of the Legal Aid Law

DECREE

Regulations on detailing and guiding the implementation of certain provisions of the Legal Aid Law

____________________________

  THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates detailed regulations and guidance for implementing certain provisions of the Legal Aid Law concerning persons receiving legal aid, organizations implementing legal aid, legal aid officers and legal aid volunteers, legal aid activities, and state management of legal aid.

Article 2. Persons Receiving Legal Aid

1. Poor persons receiving legal aid as provided in Clause 1, Article 10 of the Legal Aid Law are those who meet the poverty standard as prescribed by law.

2. Persons with meritorious service to the revolution receiving legal aid as provided in Clause 2, Article 10 of the Legal Aid Law include:

a) Persons engaged in revolutionary activities before the August Revolution on August 19, 1945;

b) Mothers of Vietnam's Heroic Soldiers;

c) National Defense Hero, Labor Hero;

d) War invalids and persons receiving benefits equivalent to war invalids;

d) Invalid veterans;

e) Persons engaged in anti-war resistance affected by toxic chemicals;

g) Persons engaged in revolutionary or anti-war resistance captured and imprisoned by the enemy;

h) Persons engaged in anti-war resistance for national liberation, national defense, and international duty;

i) Persons who have contributed to the revolution;

k) Parents, spouses, children under 18 years old of martyrs; persons raising martyrs.

3. Elderly persons receiving legal aid as provided in Clause 3, Article 10 of the Legal Aid Law are those aged 60 or older living alone or without support.

4. Disabled persons receiving legal aid as provided in Clause 3, Article 10 of the Legal Aid Law are those with deficiencies in one or more body parts or functions manifested in various forms of disability, reducing their ability to function, making labor, daily life, and study difficult, or those affected by toxic chemicals, HIV, or other diseases that impair civil capacity and have no support.

5. Children receiving legal aid as provided in Clause 3, Article 10 of the Legal Aid Law are those under 16 years old without support.

6. Ethnic minority persons receiving legal aid as provided in Clause 4, Article 10 of the Legal Aid Law are those permanently residing in areas with particularly difficult socio-economic conditions as prescribed by law.

7. Other persons receiving legal aid as provided in international treaties to which the Socialist Republic of Vietnam is a party.

Article 3. Organizations Implementing Legal Aid

1. State Legal Aid Centers as provided in Clause 1, Article 13 of the Legal Aid Law are State Legal Aid Centers under the Department of Justice of provinces and centrally-administered cities (hereinafter referred to as Centers) and Branches of the Centers.

2. Organizations Participating in Legal Aid as provided in Clause 2, Article 13 of the Legal Aid Law include:

a) Law firms, law companies as prescribed by laws on lawyers;

b) Legal counseling centers under political-social organizations, political-social-professional organizations, social-professional organizations as prescribed by the Government on the organization and operation of legal counseling.

Article 4. Responsibilities of State Agencies and Mass Media in Legal Aid

1. State agencies within their respective duties and powers encourage, create favorable conditions regarding working hours for cadres, civil servants, and employees to participate as legal aid volunteers (hereinafter referred to as volunteers); coordinate to implement legal aid activities at the request of Centers and Branches of Centers; provide relevant information and materials related to legal aid cases; respond to petitions regarding issues related to law enforcement.

2. Mass media organizations have the responsibility to regularly inform about the organization and activities of legal aid; create favorable conditions to support and coordinate in implementing legal aid cases of Centers and Branches.

Article 5. Encouraging the Vietnam Fatherland Front and its member organizations to participate in legal aid work

The State encourages and creates favorable conditions for the Vietnam Fatherland Front and its member organizations within the scope of their activities to participate in implementing, contributing, and supporting legal aid activities; mobilize the people to comply with the law on legal aid; encourage members and affiliates to participate as volunteers; create favorable conditions, coordinate, cooperate, and support Centers and Branches of Centers to effectively carry out legal aid work.

Article 6. Establishment, Management, and Utilization of the Legal Aid Fund

1. The Legal Aid Fund (hereinafter referred to as the Fund) is established based on voluntary contributions and sponsorships from organizations and individuals; financial support from the state budget and other lawful sources to enhance the quality of legal aid professional activities; support equipment and means of work for local organizations implementing legal aid in economically disadvantaged areas, including provinces requiring central government support, localities facing sudden difficulties, and some special cases.

2. The Prime Minister decides to establish the Legal Aid Fund. The Minister of Justice promulgates the Rules on the organization and operation of the Fund after reaching consensus with the Minister of Finance; is responsible to the Government for managing the Fund's activities.

The Fund has legal personality, a separate seal, and can open accounts at the State Treasury and Bank. The Fund has a Director, Deputy Director, accountant, and administrative staff. The Director of the Fund is the legal representative of the Fund, appointed, dismissed, or removed by the Minister of Justice.

3. All financial income and expenditure activities of the Fund must be carried out in accordance with the provisions of the law on finance and accounting and the Rules on the organization and operation of the Fund.

Chapter II

STATE LEGAL AID CENTERS

Article 7. Legal Status of the Center

1. The People's Committee of the province or centrally-administered city (hereinafter collectively referred to as provincial level) decides to establish the Center upon the proposal of the Department of Justice Director. The name of the Center is "State Legal Aid Center" followed by the name of the province or centrally-administered city. The Center has legal personality, a headquarters, a seal, and a separate account.

2. The Center is a public service unit directly under the Department of Justice. The Center is subject to state management by the Department of Justice, the People's Committee at the provincial level, and specialized and vocational guidance, direction, inspection by the Ministry of Justice.

Article 8. Duties and powers of the Center

1. Based on the long-term planning and annual plans of the People's Council and the People's Committee at the provincial level, the Center implements the development of long-term and annual legal aid programs and plans at the local level, submitting them for approval by the Director of the Department of Justice, and organizing their implementation.

2. Organizing the implementation of legal aid tasks and activities including:

a) Providing legal advice, appointing persons to participate in litigation, representing outside litigation, and implementing other forms of legal aid to beneficiaries as prescribed in Article 34 of this Decree;

b) Implementing mobile legal aid and other legal aid activities as prescribed in Articles 35, 36, 37, 40, and 41 of this Decree; being responsible and coordinating with agencies, organizations, and individuals to carry out communication work about legal aid for the people;

c) Managing, guiding in terms of specialization, vocational skills, and legal aid techniques for Branches; guiding the operation of Legal Aid Clubs and other vocational legal aid activities;

d) Organizing training to improve the professional vocational skills and ethical rules of legal aid for Legal Aid Officers, collaborators of the Center and Branches; supporting vocational training for organizations participating in legal aid;

đ) Organizing research, surveys, seminars, discussions, and experience exchanges related to legal aid activities for Legal Aid Officers, collaborators of the Center and Branches;

e) Managing, monitoring, and inspecting the legal aid activities of Legal Aid Officers, collaborators, and other staff of the Center and Branches within their authority;

3. Proposing relevant agencies and organizations to cooperate, provide information, and materials regarding legal aid cases; implementing the system of incentives for collaborators participating in legal aid; coordinating with other organizations providing legal aid to verify legal aid cases;

4. Being responsible under the law for the implementation of legal aid by Legal Aid Officers, collaborators of the Center and Branches;

5. Being responsible for compensating damages caused by its own fault during the provision of legal aid to beneficiaries;

6. Resolving complaints in accordance with the Law on Legal Aid and laws on complaints and denunciations; resolving disputes over legal aid within their authority;

7. Recommending state agencies with jurisdiction on issues related to the enforcement of laws as prescribed in Article 41 of this Decree;

8. Implementing mid-term and final evaluations of reporting and statistical systems on organizational and operational activities of legal aid at the local level with the competent state management agency on legal aid;

9. Proposing commendations for collectives and individuals with outstanding achievements in legal aid work at the local level;

10. Other duties and powers as prescribed by law for public service units and regulations of the People's Committee at the provincial level.

Article 9. Organizational structure of the Center

1. The Center has the positions of Director, Deputy Director, and Legal Aid Officers. The Director and Deputy Director of the Center must be Legal Aid Officers.

2. The Director of the Center is the head of the Center and the legal representative of the Center, responsible before the Director of the Department of Justice and the law for all duties and powers of the Center.

The Deputy Director of the Center assists the Director, responsible for one or more areas of work assigned by the Director of the Center and is accountable to the Director for the results of the assigned work. The Deputy Director of the Center is appointed, relieved, or dismissed by the Director of the Department of Justice based on the proposal of the Director of the Center.

3. The Center has specialized and vocational departments to perform duties and powers as prescribed in Article 8 of this Decree. Based on the volume of work, nature, and specific characteristics of activities, the Chairman of the People's Committee at the provincial level determines the number and names of specialized and vocational departments subordinate to the Center.

Article 10. Standards, procedures for appointment, relief, and dismissal of the Center Director

1. A Legal Aid Officer who meets the following criteria may be proposed for appointment as the Center's Director:

a) Having five years of legal work experience, including at least three years of legal aid work;

b) Having full civil capacity, good moral character, and management capability.

2. The Chairman of the People's Committee at the provincial level decides on the appointment, relief, or dismissal of the Center Director based on the proposal of the Director of the Department of Justice.

3. The Center Director is relieved of duty when they fall into one of the following situations:

a) No longer meeting the standards prescribed in point b, Clause 1 of this Article;

b) Transferring to other work or retiring due to old age or loss of working ability;

c) Due to health reasons, family circumstances, or other legitimate reasons that make it impossible to ensure the completion of assigned tasks.

4. The Center Director shall be dismissed if they fall into any of the following cases:

a) Committing one of the acts prescribed in Article 9 of the Law on Legal Aid and deemed not to meet the conditions to hold the position;

b) Seriously violating professional ethics in legal aid;

c) Being disciplined with the removal from the managerial position currently held according to laws on cadres and civil servants.

Article 11. Legal status, name, and duties of Branches

1. Branches are dependent units of the Center located in districts, towns, cities under provinces (hereinafter referred to collectively as district level) and are managed by the Center. The Center is responsible for all activities of Branches. Branches have seals for transactions and use in specialized and vocational legal aid activities.

2. The name of the Branch of the Center is set according to the order of establishment but must clearly indicate the name of the main Center.

3. Branches have the duty to implement legal aid through the forms of legal aid prescribed in Article 27 of the Law on Legal Aid, this Decree, and other duties and powers as prescribed in the Regulation on Organization and Operation of the Center issued by the Chairman of the People's Committee at the provincial level and assigned by the Center Director.

Article 12. Basis and procedures for establishing Branches

1. On the basis of demand, the ratio of persons receiving legal aid, actual conditions at the locality, to facilitate persons receiving legal aid, the Director of the Department of Justice shall prepare a dossier to submit to the Chairman of the Provincial People's Committee for a decision on the establishment of a Branch of the Center.

The dossier for establishing a Branch includes a proposal for the establishment of the Branch accompanied by a draft Decision on the establishment of the Branch. The proposal must clearly state the necessity of establishing the Branch, the anticipated office location, the personnel providing legal aid, the material facilities ensuring the operation, the scope of legal aid, and the organizational implementation plan.

2. Within thirty days from the date of receipt of the dossier, the Chairman of the Provincial People's Committee shall examine and decide on the establishment of the Branch and develop a plan to direct relevant departments to implement it in practice.

3. Within seven working days from the date of receipt of the decision on the establishment of the Branch by the Chairman of the Provincial People's Committee, the Director of the Department of Justice shall appoint the Head of the Branch and publish in three consecutive local newspapers the following main contents:

a) Name, address, and telephone number of the Branch;

b) Date of the decision to establish and the start date of operation of the Branch;

c) The name and surname of the Head of the Branch;

d) The scope and form of legal aid provided by the Branch.

Article 13. Organizational structure of the Branch

1. The Branch has a Head of the Branch and a dedicated Legal Aid Officer. The Head of the Branch must be a Legal Aid Officer.

2. The Head of the Branch is the head of the Branch, responsible for carrying out the tasks of the Branch according to the regulations on the organization and operation of the Center, accountable to the Director of the Center for the assigned duties and powers. The Head of the Branch is appointed, dismissed, or removed from office by the Director of the Department of Justice upon the proposal of the Director of the Center.

3. The Head of the Branch assigns Legal Aid Officers and cooperating officers under the management of the Branch to provide legal advice, participate in litigation, represent outside litigation, and perform other forms of legal aid.

Article 14. Staffing and material facilities of the Center and Branch

1. Based on the volume of work, nature, characteristics of professional activities, and requirements of legal aid work, the Provincial People's Committee decides on the staffing for the Center and Branch; ensures funding, material facilities, equipment, and working means from the local budget and other legitimate sources for the Center and Branch.

2. The recruitment, use, and management of staff and civil servants of the Center are carried out in accordance with the Government's regulations on the recruitment, use, and management of staff and civil servants in state-run units.

3. The Center and Branch may use operational funds to serve the implementation of tasks and professional legal aid activities stipulated in Article 8 of this Decree in accordance with the provisions of the law.

Annually, based on the tasks and powers of the Center and Branch, the Director of the Center prepares the budget estimate for the Center and Branch including operating expenses, non-recurring expenses, and projected legal aid operational expenses within the annual activity budget estimate, reports to the Director of the Department of Justice, and simultaneously sends to the Department of Finance for the Provincial People's Committee to make a decision.

The preparation, management, use, and settlement of the operational budget of the Center and Branch are carried out in accordance with the State Budget Law and guiding documents.

Chapter III

PARTICIPATION IN LEGAL AID BY LAW FIRM OFFICES,

LAW COMPANIES AND LEGAL ADVICE CENTERS

Article 15. Registration procedures for participation in legal aid

1. Law Firm Offices, Law Companies, and Legal Advice Centers participating in legal aid must register with the Department of Justice where they have been issued the Business Registration Certificate. The registration dossier includes: application for participation in legal aid; list of lawyers and legal advisors; copies of the Business Registration Certificate.

The application for participation in legal aid contains the following main contents:

a) Name, address of the headquarters, telephone number of the organization applying for participation in legal aid;

b) Anticipated scope of persons receiving legal aid, form, scope, and field of registered legal aid.

2. Within seven working days from the date of receipt of the registration dossier, the Department of Justice issues a Certificate of Participation in Legal Aid to the requesting organization and notifies the National Legal Aid Center to coordinate activities. In case of refusal, the reasons must be notified in writing.

3. Within seven working days from the date of issuance of the Certificate of Participation in Legal Aid, the organization receiving the Certificate must publicly announce on local mass media about the contents of the Certificate of Participation in Legal Aid. The provision of legal aid starts from the date of public announcement of the Certificate of Participation in Legal Aid.

Registration for participation in legal aid does not require payment of fees.

Article 16. Amendment of the Certificate of Participation in Legal Aid

1. When there is a change related to the contents of the Certificate of Participation in Legal Aid, the Law Firm Office, Law Company, or Legal Advice Center shall submit a request for amendment along with the issued Certificate of Participation in Legal Aid to the Department of Justice where the registration was made.

2. Within seven working days from the date of receipt of the request, the Department of Justice shall issue a new Certificate of Participation in Legal Aid. In case of refusal, the reasons must be notified in writing.

Issuance of a new Certificate of Participation in Legal Aid does not require payment of fees.

Article 17. Revocation of the Certificate of Participation in Legal Aid

1. The Certificate of Participation in Legal Aid is revoked when the organization participating in legal aid falls under the circumstances not allowed to continue participating in legal aid as prescribed in Clause 2, Article 48 of the Legal Aid Law.

2. The revocation of the Certificate of Participation in Legal Aid is decided by the Director of the Department of Justice and publicly announced on local mass media so that the people are informed.

3. When a Legal Aid Registration Certificate is revoked, the Law Firm, Legal Company, or Legal Consultation Center shall not continue to provide legal aid and shall not be reissued a Legal Aid Registration Certificate. Ongoing legal aid cases must be transferred to the Legal Aid Center in the locality where they have registered for legal aid.

Article 18. Rights and responsibilities of Law Firms, Legal Companies, and Legal Consultation Centers when participating in legal aid

1. To provide legal aid within the scope of the Legal Aid Registration Certificate; to cooperate with State Legal Aid Centers or Branches thereof to effectively implement legal aid cases.

2. To request relevant agencies and organizations to provide information and documents related to legal aid cases to facilitate the provision of legal aid.

3. To refer individuals seeking legal aid to State Legal Aid Centers or Branches thereof for legal aid; to refuse or cease providing legal aid in cases stipulated in Article 45 of the Legal Aid Law.

4. To receive state support for professional training and skill development for the legal aid workforce.

5. To make recommendations to competent state agencies regarding issues related to the enforcement of laws arising during the provision of legal aid.

6. To resolve disputes in legal aid in accordance with the Legal Aid Law and other relevant laws.

7. To be commended and rewarded for achievements in legal aid activities or for positive contributions and support in expanding and developing legal aid work at the local level.

8. To ensure compliance with legal aid operation principles and legal aid regulations when their organization's members participate in legal aid.

9. To bear legal responsibility for the provision of legal aid by lawyers and legal consultants under their management and to compensate for damages caused by their own fault during the provision of legal aid to beneficiaries.

10. To be subject to the management of competent state agencies; to implement reporting and statistical systems on legal aid to the Department of Justice where registered.

Chapter IV

LEGAL AID ASSISTANTS AND COOPERATIVE WORKERS

Section 1

LEGAL AID ASSISTANTS

Article 19. Professional training for legal aid and issuance of a Legal Aid Professional Training Certificate

1. Individuals holding a bachelor’s degree in law who are working in State Legal Aid Centers or Branches thereof and wish to become Legal Aid Assistants may be recommended by the Director of the State Legal Aid Center to attend a legal aid professional training course upon the approval of the Department of Justice Director.

Individuals who were previously lawyers, those who have completed a lawyer vocational training program, or those exempted from such training according to the Lawyers Law, if they meet the requirements of a legal aid professional training examination, will be issued a Legal Aid Professional Training Certificate by the Legal Aid Administration, Ministry of Justice.

2. The Minister of Justice shall specify the content of the legal aid professional training course, its duration, issue regulations on the examination of legal aid professional training, and organize the implementation of the legal aid professional training course.

Article 20. Appointment and removal of Legal Aid Assistants

1. Individuals meeting the criteria specified in Clause 1, Article 21 of the Legal Aid Law and not falling under any of the circumstances specified in Clause 3, Article 20 of the Legal Aid Law shall be appointed as Legal Aid Assistants.

The time spent on legal work as stipulated in Point d, Clause 1, Article 21 of the Legal Aid Law refers to the period during which they have held specialized legal positions in various agencies, organizations, and enterprises.

2. Legal Aid Assistants shall be removed from their positions if they fall under any of the following circumstances:

a) No longer meeting the criteria specified in Clause 1, Article 21 of the Legal Aid Law or falling under any of the circumstances specified in Clause 3, Article 20 of the Legal Aid Law;

b) Transferring to another job or retiring due to old age or disability;

c) Due to health reasons, family circumstances, or other valid reasons that prevent them from fulfilling their assigned tasks;

d) Engaging in any of the acts specified in Article 9 of the Legal Aid Law, making it inappropriate for them to continue providing legal aid.

3. The Chairman of the Provincial People's Committee shall decide on the appointment and removal of Legal Aid Assistants based on the recommendation of the Department of Justice Director.

Article 21. Procedures for appointing Legal Aid Assistants

1. The Director of the Center selects individuals working at the Center or Branches who meet the conditions specified in Clause 1 of this Decree to recommend to the Department of Justice Director to establish a dossier to submit to the Chairman of the Provincial People's Committee for the appointment of Legal Aid Assistants.

The dossier for appointing Legal Aid Assistants includes:

a) A letter requesting the appointment of a Legal Aid Assistant from the Department of Justice Director, accompanied by a recommendation letter from the Center Director;

b) A brief resume of the individual being recommended for appointment as a Legal Aid Assistant, including two color passport-sized photographs measuring 2cm x 3cm;

c) A Legal Aid Professional Training Certificate;

d) A draft Decision on the appointment of a Legal Aid Assistant, along with a blank Legal Aid Assistant card.

2. Within fifteen days from receiving the dossier, the Chairman of the Provincial People's Committee shall examine and sign the appointment decision and the Legal Aid Assistant card.

Article 22. Use of the Legal Aid Assistant Card

1. The Legal Aid Assistant Card establishes the legal status for Legal Aid Assistants to exercise their rights and responsibilities. Agencies, organizations, and individuals are responsible for facilitating the Legal Aid Assistant in performing their duties and responsibilities as prescribed by law.

2. During working hours and when providing legal aid, Legal Aid Assistants must carry their Legal Aid Assistant Card and present it upon request by authorized agencies, organizations, or individuals when conducting legal aid activities.

3. Legal aid assistants are responsible for safeguarding their cards. Strictly prohibited is the misuse of the card by legal aid assistants for personal purposes or for self-interest; when a legal aid assistant loses their card, they must immediately report it to the nearest police agency and the Director of the Center where they work.

4. If a legal aid assistant violates regulations concerning the use of the legal aid assistant card, they will be subject to disciplinary action, administrative handling, or criminal prosecution according to the nature and degree of violation as stipulated by law.

5. The model of the card, issuance, modification, and recovery of the legal aid assistant card shall be prescribed by the Minister of Justice.

Article 23. Procedure for Removing Legal Aid Assistants from Office

1. When a legal aid assistant falls under any of the circumstances specified in Clause 2, Article 20 of this Decree, the Director of the Department of Justice shall prepare a dossier for removing the legal aid assistant from office to submit to the Chairman of the Provincial People's Committee for consideration and decision.

The dossier for removing a legal aid assistant from office includes:

a) A proposal for removing a legal aid assistant from office by the Director of the Department of Justice, accompanied by a proposal from the Center Director;

b) Documents and papers proving that the legal aid assistant falls under any of the circumstances specified in Clause 2, Article 20 of this Decree;

c) Draft Decision on Removing a Legal Aid Assistant from Office.

2. Within fifteen days from the date of receipt of the dossier, the Chairman of the Provincial People's Committee shall examine and sign the decision to remove the legal aid assistant from office.

Article 24. Rights and Responsibilities of Legal Aid Assistants

1. When providing legal aid, legal aid assistants have rights and obligations as prescribed in Article 25 of the Legal Aid Law.

2. Legal aid assistants provide legal aid according to the assignment of the Center Director or Branch Head. Legal aid assistants are accountable to the Center Director and the law for the performance of their duties and powers. In cases where they work at a Branch of the Center, they are also accountable to the Branch Head.

3. In cases where legal aid assistants cause damage while providing legal aid, the Center where they work must bear responsibility for compensation. Legal aid assistants who caused the damage must compensate the Center according to the laws governing civil servants and public officials.

Article 25. Rank of Legal Aid Assistants

1. Legal aid assistants hold ranks equivalent to those of specialist ranks.

2. The Minister of Home Affairs shall issue the rank codes and professional standards for the rank of legal aid assistants.

Article 26. Salary Scale and Policies for Legal Aid Assistants

1. Legal aid assistants are assigned and paid salaries according to the salary scale equivalent to the specialist rank in state agencies.

2. Leaders of Centers enjoy leadership position allowances according to the general regulations applicable to state civil servants and public officials.

3. Legal aid assistants receive a job responsibility allowance equal to 25% of their current salary plus any over-quota allowance (if applicable). When participating in litigation, representing outside litigation, or mediating in legal aid, legal aid assistants receive a case allowance equal to 10% of the stipend applied to cooperators.

4. In cases where legal aid assistants travel for the purpose of verifying details of legal aid cases or for the requirements of legal aid activities, they are reimbursed for transportation and accommodation expenses according to the current regulations on travel expenses for state civil servants and public officials traveling domestically.

5. The Ministry of Home Affairs, in collaboration with the Ministry of Finance and the Ministry of Justice, shall specify the allowances for legal aid assistants and the leadership position allowances for Center leaders.

Section 2

COOPERATORS

Article 27. Procedures for Recognizing and Issuing Cooperator Cards

1. Individuals meeting the criteria set out in Clause 1, Article 22 of the Legal Aid Law and not falling under any of the circumstances specified in Clause 3, Article 20 of the Legal Aid Law, if willing to become cooperators, shall submit their application dossier to the Center in their place of residence or work.

The application dossier for becoming a cooperator includes:

a) An application form for becoming an assistant in the prescribed format;

b) Copies of bachelor's degree in law; other bachelor's degrees or associate's degree in law and a certificate confirming the time spent working in legal affairs from the agency or organization where the applicant has worked or is currently working;

c) Personal resume with confirmation from the People's Committee of the commune, ward, town where the applicant resides or works, accompanied by two color passport-sized photos measuring 2cm x 3cm.

In cases where applicants for cooperators permanently reside in areas with extremely difficult socio-economic conditions, ethnic minority and mountainous regions, and possess legal knowledge and community reputation, in addition to the documents and materials specified in points a and c above, the application dossier must include the opinion of the judicial officer of the commune, ward, town (hereinafter referred to as commune level) where the applicant resides.

2. Within fifteen days from the date of receipt of the dossier, the Center Director shall check the completeness and accuracy of the dossier. If the dossier is valid, it shall be submitted to the Department of Justice Director for examination, recognition, and issuance of the cooperator card. If the dossier is invalid, it shall be returned to the applicant along with a written explanation of the reasons.

3. Within seven working days from the date of receipt of the dossier submitted by the Center Director, the Department of Justice Director shall examine and sign the decision recognizing and issuing the cooperator card. In cases of rejection, a written explanation of the reasons must be provided to the applicant. Applicants rejected have the right to appeal against the refusal to recognize and issue the cooperator card. Appeals shall be handled in accordance with the law on appeals.

Article 28. Cooperation Agreement

1. Individuals recognized and issued a cooperator card may enter into a cooperation agreement with the Center. The Center is responsible for signing a cooperation agreement with the cooperator. Cooperators can provide legal aid from the date of signing the cooperation agreement.

2. The cooperation agreement between the Center and the cooperator serves as the basis for determining the responsibilities and rights of both parties in the cooperation relationship.

The cooperation agreement must contain the following main contents:

a) Names and addresses of the parties involved in the cooperation contract;

b) The form of legal aid and the field of legal aid that the cooperating party intends to carry out in accordance with Clause 2, Article 22 of the Legal Aid Law;

c) Rights and responsibilities of the parties in the cooperation relationship;

d) Issues regarding the termination of the cooperation contract and the resolution of disputes arising from the cooperation contract.

Article 29. Use of the cooperating party card

1. When providing legal aid, the cooperating party must carry the cooperating party card and present it upon request of the competent authority when performing legal aid business activities.

2. The cooperating party is responsible for preserving the cooperating party card. It is strictly prohibited to use the cooperating party card for personal gain or private purposes. The cooperating party may not use the cooperating party card instead of an introduction letter, identity card, or other personal identification documents; they may not lend the cooperating party card to others; if the cooperating party card is lost, they must immediately report it to the Director of the Center where they cooperate.

3. If the cooperating party violates the regulations on the use of the cooperating party card, depending on the nature and degree of violation, they will be subject to termination of the cooperation contract, confiscation of the card, disciplinary action, administrative handling, or criminal prosecution according to the provisions of the law.

4. The model of the card, issuance, change, and confiscation of the cooperating party card shall be prescribed by the Minister of Justice.

Article 30. Confiscation of the cooperating party card

1. The cooperating party card will be confiscated in any of the following cases:

a) The cooperating party does not provide legal aid within six months from the date of issuance of the cooperating party card, except for valid reasons;

b) The cooperating party commits one of the acts prescribed in Article 9 of the Legal Aid Law;

c) The cooperating party falls under one of the cases prescribed in Clause 3, Article 20 of the Legal Aid Law;

d) The cooperating party terminates the cooperation contract with the Center or does not enter into a cooperation contract with the Center within thirty days from the date of issuance of the card.

2. When the cooperating party falls under any of the cases prescribed in Clause 1 of this Article, the Center Director issues a decision to terminate the cooperation contract with the cooperating party and requests the Provincial Department of Justice Director to confiscate the cooperating party card.

3. Within seven working days from the date of receipt of the Center Director's request, the Provincial Department of Justice Director issues a decision to confiscate the cooperating party card. A person whose card has been confiscated may not continue to provide legal aid.

Article 31. Methods of operation of the cooperating party

The cooperating party participates in legal aid through the following methods:

1. Accepting legal aid cases directly requested by the person receiving legal aid or assigned by the Center Director or Branch Manager.

2. The cooperating party operates individually or is organized into a Cooperation Team.

3. The cooperating party provides legal aid within the scope of the cooperation contract signed between the Center and the cooperating party.

Article 32. Rights and responsibilities of the cooperating party

1. When participating in legal aid, the cooperating party has the rights and obligations prescribed in Article 25 of the Legal Aid Law, including the following rights and responsibilities:

a) Receiving remuneration and reasonable administrative expenses according to the specific case as prescribed by law;

b) Proposing and recommending measures to expand and improve the effectiveness of the Center's operations;

c) Being commended and rewarded for outstanding achievements in legal aid work;

d) Using the cooperating party card in accordance with Article 29 of this Decree; returning the cooperating party card when it is confiscated according to Article 30 of this Decree;

đ) Being accountable to the Center Director and the law for the implementation of their legal aid cases. In cases where they work at a Branch, they also have to be accountable to the Branch Manager;

e) In the event that the cooperating party causes damage while providing legal aid, the Center where they cooperate will be responsible for compensation. The cooperating party who caused the damage must compensate the Center according to the civil law provisions;

g) Reporting periodically and promptly as required by the Center; timely reporting any issues arising during the implementation of legal aid and proposing solutions to the Center leadership.

Article 33. Remuneration and administrative expense system when the cooperating party provides legal aid

1. When participating in legal aid, the cooperating party receives remuneration and reasonable administrative expenses.

2. The cooperating party receives remuneration based on the legal aid cases they have completed, taking into account the number of hours of legal consultation and other forms of legal aid. The daily remuneration system applies to legal aid cases carried out through participation in litigation or representation outside of litigation.

The level of remuneration for legal aid cases for the cooperating party is established based on the quality of the legal aid content, the time spent on legal aid, the complexity of the legal aid case, the form of presenting the results of legal aid, and the form of legal aid. In cases where legal aid is provided through participation in litigation, the level of remuneration is equivalent to the fee stipulated for lawyers participating in litigation at the request of judicial authorities.

The time spent on legal aid includes the time spent reviewing case files and preparing materials for legal aid, meeting and contacting the person receiving legal aid or their relatives, investigating legal aid cases, and working at relevant agencies and organizations related to the legal aid case. The basis for determining the working time of the cooperating party is the confirmed working time by individuals or relevant agencies and organizations.

3. Collaborators shall be entitled to reasonable administrative expenses when performing legal aid cases, including fees required by law on fees and charges, costs for copying documents, communication costs with the beneficiaries of legal aid or their relatives, and other reasonable costs directly serving the implementation of legal aid. The basis for determining reasonable costs is the receipt for payment of fees and charges or the receipt issued by the competent authority.

In cases where collaborators travel for the purpose of resolving legal aid cases, they shall be reimbursed travel expenses as stipulated for civil servants and officials traveling on official business.

4. The Center is responsible for paying in accordance with the State regulations on allowances and reasonable administrative expenses as specified in Clauses 2 and 3 of this Article. The funding for such payments is budgeted annually in the Center's financial plan.

5. Apart from the allowance and expenses paid by the Center, collaborators shall not demand any additional amount from the beneficiaries of legal aid or their relatives.

6. The Ministry of Finance shall coordinate with the Ministry of Justice to provide guidance on the allowance and reasonable administrative expenses for collaborators when implementing legal aid.

Chapter V

LEGAL AID ACTIVITIES

Article 34. Areas of Legal Aid

Areas of legal aid include:

1. Criminal law, criminal procedure, and enforcement of criminal sentences.

2. Civil law, civil procedure, and enforcement of civil sentences.

3. Family law and laws concerning children.

4. Administrative law, complaints, accusations, and administrative litigation.

5. Land law, housing, environment, and consumer protection.

6. Labor law, employment, and social insurance.

7. Laws on preferential treatment for those who have contributed to the revolution and other social preferential policies.

8. Other areas of law related to national programs aimed at eliminating poverty or directly related to the basic rights and obligations of citizens.

Article 35. Mobile Legal Aid

1. Mobile legal aid is carried out based on needs or at remote locations far from the center, deep regions, border areas, and economically and socially disadvantaged areas.

2. Plans for mobile legal aid are developed by the Center or Branches based on the results of surveys of legal aid needs of beneficiaries or requests for political and social tasks in localities as directed by the Provincial People's Committee or upon the request of the relevant organizations.

3. The Center organizes mobile legal aid sessions either directly or through Branches. When conducting mobile legal aid, the Center or Branch may mobilize representatives from relevant agencies and departments at the grassroots level to participate in the form of summoning for work. Participants in mobile legal aid shall enjoy the same benefits and policies as civil servants and officials traveling on official business.

4. Agencies, organizations, and People's Committees at the district and commune levels shall be responsible for coordinating and creating favorable conditions for the Center and Branches in organizing mobile legal aid sessions and mobilizing collaborators to participate in legal aid.

5. The organization of mobile legal aid must be notified in writing to the People's Committee of the location where it is planned to be held. After each mobile legal aid session, the Center or Branch shall prepare a record and report the results of the mobile legal aid to the People's Committee that organized the mobile legal aid, and relevant agencies and departments.

The record of mobile legal aid shall clearly state the issues resolved, the issues requiring resolution within the scope of responsibility and authority of each agency and department, the People's Committee, cases to be referred back to the Center or Branch for continued handling, and recommendations and suggestions regarding the enforcement of laws in the locality. The Center or Branch shall be responsible for reporting the results to the Director of the Department of Justice and the Chairman of the People's Committee at the district level where the mobile legal aid was conducted. In special cases, if there are urgent issues, they shall report to the Chairman of the Provincial People's Committee about the implementation of laws at the grassroots level and propose measures to enhance the effectiveness of public service activities in the locality.

Article 36. Legal Aid Club Activities

1. The Legal Aid Club is a community-based legal aid activity, providing opportunities for legal aid beneficiaries in the locality to participate in club activities, exchange legal issues among themselves, thereby enhancing their ability to resolve issues independently or through legal advice, helping them gain legal knowledge to protect their legitimate rights and interests.

2. Legal aid beneficiaries residing and working in the commune area are eligible to participate in Legal Aid Club activities based on the Club's Charter approved by the competent state authority.

3. The Legal Aid Club is directly managed by the Commune Legal Affairs Board. Monthly, the Legal Affairs Board organizes Legal Aid Club activities on legal topics as guided by the Center or Branch. The operating costs of the Legal Aid Club include costs for copying documents and other reasonable expenses borne by the Center. The Commune People's Committee supports and creates favorable conditions regarding venue and drinking water.

4. The Chairman of the Commune People's Committee decides to establish and approve the Charter of the Legal Aid Club based on the model Charter for Legal Aid Clubs issued by the Minister of Justice.

Article 37. Special Legal Topic Activities

1. Special legal topic activities involve the Center and Branches organizing lectures and discussions on specific legal issues directly related to the basic rights and obligations of citizens at the grassroots level, which are often problematic and widely concerned by the public.

Special legal topic activities can be organized concurrently with mobile legal aid sessions, Legal Aid Club activities, or independently according to the requirements of the locality in residential areas.

2. Persons participating in specialized legal activities organized by the Center or its Branches shall be entitled to benefits and policies applicable to civil servants and officials on official business trips as prescribed.

3. Authorities, organizations, and local governments shall have the responsibility to coordinate and create favorable conditions for the Center or its Branches to organize specialized legal activities.

Article 38. Participation in litigation

1. Upon request from the person receiving legal aid or their lawful representative, the Director of the Center or the Head of the Branch shall issue a decision to assign a Legal Aid Officer or collaborating lawyer to participate in litigation in accordance with Articles 29 and 39 of the Legal Aid Law.

2. Within no more than three working days from the date of issuing the decision to assign a participant in litigation, the Director of the Center or the Head of the Branch must send the decision to the judicial agency conducting the litigation, the person receiving legal aid, and the person providing legal aid.

3. The Director of the Center or the Head of the Branch shall bear legal responsibility for assigning participants in litigation, ensuring compliance with legal standards for legal aid.

4. The Center and Branches shall have the responsibility to coordinate with judicial agencies to monitor and manage the implementation of legal aid during litigation by Legal Aid Officers or collaborating lawyers assigned by the Center or Branches, ensuring their activities are of high quality and effective, fully adhering to legal aid operation principles and other relevant legal provisions.

5. In cases where it is necessary to change the person providing legal aid, the Center or Branch shall have the responsibility to assign a qualified person to continue handling the legal aid case.

Article 39. Representation outside litigation

1. Upon request from the person receiving legal aid or their lawful representative, the Director of the Center or the Head of the Branch shall issue a decision to assign a Legal Aid Officer or collaborating lawyer to perform representation outside litigation in accordance with Articles 30 and 40 of the Legal Aid Law.

2. Within no more than three working days from the date of issuing the decision to assign a representative outside litigation, the Director of the Center or the Head of the Branch must send the decision to the person receiving legal aid, the person providing legal aid, and the relevant authorities, organizations, or individuals involved in the matter requiring representation.

Relevant authorities, organizations, or individuals involved in the representation matter shall have the responsibility to coordinate, create favorable conditions, and cooperate with the appointed representatives so that they can exercise their rights and fulfill their obligations as prescribed by law.

3. The Director of the Center or the Head of the Branch shall bear legal responsibility for assigning representatives outside litigation, ensuring compliance with legal standards for legal aid.

4. The Center and Branches shall have the responsibility to coordinate with relevant authorities, organizations, or individuals involved in the representation matter to monitor and manage the implementation of legal aid by Legal Aid Officers or collaborating lawyers assigned by them, ensuring their activities are of high quality and effective, fully adhering to legal aid operation principles and other relevant legal provisions.

5. In cases where it is necessary to change the person providing legal aid, the Center or Branch shall have the responsibility to assign a qualified person to continue handling the legal aid case.

Article 40. Mediation in legal aid

1. When requested or with the consent of one or more parties, the organization implementing legal aid may assign a legal aid provider to act as an intermediary to analyze the circumstances of the case, explain legal provisions, guide the parties to negotiate and reach an agreement on resolving the dispute without resorting to court or other competent authority, voluntarily withdraw the lawsuit, resolve disputes amicably, and voluntarily comply with the resolution outcome.

2. Mediation may also be conducted when necessary to maintain community solidarity, social order and security, protect the legitimate rights and interests of the parties, except in cases where the law stipulates mediation is not allowed.

3. The mediation process must be recorded in a record. The mediation record must fully reflect the results of the mediation process, the opinions of the legal aid provider and the parties regarding the content of the case, signed by all parties involved to ensure voluntary compliance with the mediation outcome. The mediation record must be kept in the legal aid case file.

Article 41.Suggestions on the enforcement of laws

1. When there is sufficient basis to believe that the resolution of a case by a state agency with jurisdiction does not comply with the law, causing damage to the person receiving legal aid, the organization implementing legal aid shall make a suggestion to that state agency to reconsider and resolve the case again to protect the legitimate rights and interests of the person receiving legal aid. When making a suggestion, the organization implementing legal aid must clearly state the content of the case, the applicable legal provisions, the direction of resolution, and bear responsibility for the correctness of the suggestion.

2. The state agency with jurisdiction over the case, upon receipt of the suggestion document from the organization implementing legal aid, shall have the responsibility to consider, resolve, and respond in writing within thirty days from the date of receipt of the suggestion; in cases of justifiable reasons, the above period may be extended but not exceeding forty-five days, except where the law provides otherwise regarding the response period. If the state agency with jurisdiction over the case fails to respond beyond the said period, the organization implementing legal aid may suggest to the immediate superior leadership of that state agency to take measures to direct and handle the situation.

3. When resolving a case, if the organization implementing legal aid discovers that state officials intentionally violate the law, causing damage to the person receiving legal aid, it shall suggest the direct supervisory agency to examine and resolve the enforcement of law by those officials. The suggestion must clearly state the grounds, circumstances, and content of the matter and bear responsibility for the correctness of the suggestion.

4. When resolving a case, the organization implementing legal aid discovers conflicting, overlapping, or outdated regulatory legal texts that are no longer suitable for practical circumstances, it shall propose to competent state agencies to amend or supplement such legal texts. The proposal must clearly specify the provisions requiring amendment or supplementation, proposed solutions for amendment or supplementation, and measures to ensure effective enforcement of the law.

Article 42. Other forms of legal aid

1. In cases where the person receiving legal aid cannot themselves perform administrative procedures related to the exercise of basic citizen rights and obligations, the Center or Branch shall assign a Legal Aid Officer or collaborating lawyer to assist them in performing these tasks.

2. To provide legal assistance to the person receiving legal aid during the complaint process as prescribed by the law on complaints, the Center or Branch shall assign a Legal Aid Officer or collaborating lawyer to participate in the complaint resolution process.

3. Provide legal information, pamphlets, pocket books, legal handbooks, and other legal literature through mobile legal aid campaigns, legal aid club activities, specialized legal seminars; provide copies of relevant provisions of regulatory legal texts related to the legal aid case, and provide the working addresses of agencies, organizations, or individuals with jurisdiction over the case as prescribed by law.

Article 43. Criteria for evaluating the quality of legal aid cases

1. The criteria for evaluating the quality of legal aid cases serve as the basis for reviewing and assessing the implementation of legal aid, compliance with professional ethics, and the application of the law by the legal aid provider; they create a foundation for determining the responsibility of the legal aid provider for the legal aid case and the level of compensation for the legal aid provider.

2. The criteria for evaluating the quality of legal aid cases are established based on the following main contents:

a) The content of the legal aid case ensures legality, does not contravene social morals, is objective, truthful, comprehensive, and aims to protect the best interests of the legal aid recipient's legitimate rights and interests;

b) Compliance with the law, social morals, and professional ethics in providing legal aid by the legal aid provider;

c) Forms of documentation reflecting the legal aid process including Legal Aid Service Forms, legal consultation documents, defense briefs, protection of the legal aid recipient's rights, reports on work performed within the scope of representation outside litigation, minutes of legal aid implementation, mediation minutes, or other documents;

d) The time spent on legal aid, including the time spent studying case files and related documents, collecting and verifying relevant facts, interacting with the legal aid recipient or their relatives, working at agencies, organizations, or individuals related to the legal aid case, and researching legal provisions serving the implementation of the legal aid case;

e) The satisfaction of the legal aid recipient with the results of the legal aid case, the service attitude of the legal aid provider; feedback from related agencies, organizations, or individuals, and the legal consequences arising from the content of the legal aid case.

3. The Minister of Justice shall issue standards for evaluating the quality of legal aid cases.

Chapter VI

RESPONSIBILITIES OF THE STATE ADMINISTRATIVE AGENCIES FOR LEGAL AID

Article 44. Responsibilities of the Ministry of Justice in State Management of Legal Aid

1. The Ministry of Justice shall be responsible to the Government for implementing state management of legal aid and shall have the following tasks and powers:

a) To draft, issue within its authority or submit to competent state agencies for issuance, guidance on, organization and supervision of implementation of regulatory legal documents on legal aid; to study, develop strategies, plans, and master plans for the development of legal aid and organize their implementation;

b) To issue regulations guiding professional matters, business practices, professional rules for legal aid, model regulations on the organization and operation of State Legal Aid Centers, associate regulations, internal rules at places where legal aid is provided, quality assessment standards for legal aid cases;

c) To manage and guide the organization and operation of Centers, Branches of Centers, organizations participating in legal aid; to apply information technology in state management; to develop measures to support the development of legal aid activities;

d) To organize training and professional upgrading for those providing legal aid and issue Certificates of Professional Training in Legal Aid; to establish models for Registration Forms for Participation in Legal Aid, Legal Aid Assistant Cards, Associate Cards, Application Forms for Associateship, Associate Contracts; Request Forms for Legal Aid, Implementation Forms for Legal Aid and other forms and documents; to publish materials on legal aid;

đ) To implement reporting and statistical systems on legal aid;

e) To direct, guide, build and manage the Legal Aid Fund;

g) To inspect and supervise the implementation of legal aid and legal aid activities; when necessary, to organize re-evaluation of the quality of legal aid cases; to handle complaints and denunciations regarding legal aid according to the provisions of the law; to reward, discipline and handle violations in legal aid activities;

h) To carry out international cooperation in the field of legal aid;

i) To perform other tasks as prescribed by law.

2. The Legal Aid Department under the Ministry of Justice is the state management agency and specialized management agency for legal aid, with the function of assisting the Minister of Justice in performing the above tasks and powers.

Article 45. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Agencies Under the Government in State Management of Legal Aid

Ministries, agencies equivalent to ministries, and agencies under the Government within the scope of their functions, tasks, and powers shall cooperate with the Ministry of Justice to implement state management of legal aid and shall have the following tasks and powers:

1. To manage state affairs concerning legal aid within the scope of the fields they are responsible for.

2. To guide, urge, and inspect subordinate agencies and units in the implementation of laws on legal aid.

3. To direct subordinate units to coordinate in resolving final recommendations regarding the enforcement of laws.

Article 46. Responsibilities of Provincial People's Committees in State Management of Legal Aid

1. Within the scope of their tasks and powers, provincial people's committees shall implement state management of legal aid at the local level and shall have the following tasks and powers:

a) To issue within their authority or submit to the same-level People's Council for issuance regulatory legal documents on legal aid; to guide, organize and supervise the implementation of laws on legal aid at the local level;

b) To decide on the establishment of State Legal Aid Centers and issue Regulations on the organization and operation of the Center based on the model regulations on the organization and operation of the Center issued by the Minister of Justice;

c) To manage the organization and operation of legal aid of Centers and Branches, and the participation in legal aid activities of Law Offices, Law Companies, and Legal Consultation Centers at the local level;

d) To manage those providing legal aid at the local level; to submit to the same-level People's Council for approval of the staffing of Centers and Branches; to organize professional training for those providing legal aid within the local area;

đ) To direct the Department of Justice to perform the tasks and powers as stipulated in this Law and this Decree; to direct specialized agencies under the provincial people's committee, district people's committees, and judicial organs to coordinate with Centers and Branches in legal aid work at the local level;

e) To plan the construction of cadres, ensure staffing, material infrastructure, operating funds, equipment, and working tools for Centers and Branches at the local level;

g) To inspect, audit, resolve complaints and denunciations, reward and handle violations of laws on legal aid according to the provisions of the law;

h) To implement reporting and statistical systems, interim and final review systems on the organization and operation of legal aid at the local level.

2. The Department of Justice is the advisory agency helping the provincial people's committee to perform the tasks and powers prescribed in Clause 1 of this Article and is the focal point in coordinating with departments and sectors to implement state management of legal aid at the local level.

Chapter VII

IMPLEMENTING PROVISIONS

Article 47. Transitional Provisions

From January 1, 2007, upon the coming into force of the Legal Aid Law, the following organizations and individuals must act as follows:

1. State Legal Aid Centers established pursuant to Decision No. 734/TTg dated September 6, 1997 of the Prime Minister shall operate according to the provisions of the Legal Aid Law and this Decree.

2. Branches of State Legal Aid Centers that have been established by decisions of the Department of Justice shall be reviewed and re-established by the Chairman of the provincial people's committee according to the provisions of the Legal Aid Law and this Decree.

3. Legal aid centers, legal aid offices, and other legal aid organizations under political-social organizations, occupational organizations, social-professional organizations that have been established and piloted according to the guidelines of the Ministry of Justice, if voluntarily continuing to participate in legal aid, shall issue a decision from their managing organization to transform into Legal Consultation Centers, register their activities with the Department of Justice in accordance with the Government's regulations on the organization and operation of legal consultation services, and register participation in legal aid in accordance with Article 17 of the Legal Aid Law and this Decree.

4. For other organizations implementing legal aid activities not falling within the cases stipulated in Clause 2 and Clause 3 of this Article, they must be dissolved or transition to operate in the form of State Legal Aid Center Collaborators.

5. Legal aid officers working at State Legal Aid Centers who have met the requirements of the qualifying examination for legal aid training organized by the Ministry of Justice before the effective date of this Decree shall be issued a Legal Aid Training Qualification Certificate.

6. The Director of State Legal Aid Centers shall review the standards for collaborators. Those who meet the criteria specified in Article 22 of the Legal Aid Law shall continue to collaborate and use the collaborator cards already issued. In the case where a person recognized as a collaborator does not meet the criteria specified in Article 22 of the Legal Aid Law, a decision to terminate the collaboration contract shall be issued and a request made to the Department of Justice Director to revoke the collaborator card.

7. Any violations of legal aid regulations must be examined and handled in accordance with the Legal Aid Law and related legal documents.

Article 48. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Previous provisions contrary to this Decree are abolished.

Article 49. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.