Circular No. 07/2008/TT-BTP guiding the implementation of legal aid policies in the Socio-Economic Development Program for Particularly Difficult Communes in Ethnic Minority and Mountainous Areas during the 2006-2010 period and the National Target Program on Poverty Reduction during the 2006-2010 period.

CIRCULAR

Guidelines for implementing legal aid policies in the Socio-Economic Development Program for Particularly Difficult Communes in Ethnic Minority and Mountainous Areas for the period 2006-2010

and the National Target Program to Reduce Poverty for the period 2006-2010

and the National Target Program on Poverty Reduction for the period 2006-2010

_________________________________

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

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decision No. 07/2006/QĐ-TTg dated January 10, 2006 of the Prime Minister approving the Socio-Economic Development Program for Particularly Difficult Communes in Ethnic Minority and Mountainous Areas for the period 2006-2010;

Pursuant to Decision No. 20/2007/QĐ-TTg dated February 5, 2007 of the Prime Minister approving the National Target Program to Reduce Poverty for the period 2006-2010;

Pursuant to Decision No. 112/2007/QĐ-TTg dated July 20, 2007 of the Prime Minister approving the policy to support services, improve and enhance the living standards of the people, and provide legal aid to raise legal awareness under Program 135 Phase II;

Pursuant to Directive No. 04/2008/CT-TTg dated January 25, 2008 of the Prime Minister on strengthening guidance in implementing poverty reduction programs;

The Ministry of Justice hereby issues guidelines for implementing legal aid policies in the Socio-Economic Development Program for Particularly Difficult Communes in Ethnic Minority and Mountainous Areas for the period 2006-2010 (Program 135 Phase II) and the National Target Program to Reduce Poverty for the period 2006-2010 (hereinafter referred to collectively as poverty reduction programs) as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

These guidelines shall guide the implementation of legal aid policies in poverty reduction programs, including: objectives, beneficiaries, principles of implementation; activities to implement; mechanisms for monitoring, supervision, evaluation, and reporting results; funding to ensure implementation and organization of legal aid policies in poverty reduction programs.

Clause 2. Objectives

a) Ensuring that 98% of poor people, 95% of those eligible for legal aid residing in particularly difficult communes, border communes, safe zones, villages, hamlets, ethnic groups, villages, neighborhoods, and particularly difficult villages in Zone II have their legal aid needs met free of charge.

b) Ensuring the actual implementation of the right to legal aid for poor people, poor households, and residents in particularly difficult communes in ethnic minority and mountainous areas through various forms such as legal counseling, participation in litigation, representation outside litigation, mediation, and other forms of legal aid, helping recipients of legal aid protect their legitimate rights and interests, themselves, increase legal knowledge,

respect for and compliance with the law; contributing to the dissemination and education of the law, protection of justice, social equity, prevention, and limitation of disputes and violations of the law.

3. Beneficiaries

a) The beneficiaries of the legal aid policy in Program 135 Phase II are particularly difficult communes, border communes, safe zones; particularly difficult villages in Zone II and individuals receiving legal aid residing in these communes, villages.

b) The beneficiaries of the legal aid policy in the National Target Program to Reduce Poverty for the period 2006-2010 are poor people, poor households, and poor communes (excluding those in Program 135 Phase II).

4. Principles of Implementation

a) The implementation of legal aid policies in poverty reduction programs must be accurate in terms of objectives, beneficiaries, and timelines.

b) Establishing a mechanism for monitoring, evaluating, managing, and supervising the implementation of legal aid policies in poverty reduction programs strictly and regularly.

c) Integrating and coordinating with other policies, projects, and activities within poverty reduction programs in the same area to ensure efficient and economical implementation of poverty reduction programs.

d) Funding for the implementation of legal aid policies in poverty reduction programs is secured from multiple sources but the budget estimates and expenditures from each source are independent and non-overlapping.

đ) Expenditure levels are implemented in accordance with current financial expenditure regulations for state budget funds, in line with management and utilization guidelines for the budget allocated to poverty reduction programs, and project implementation guidelines (if applicable).

II. ACTIVITIES TO IMPLEMENT LEGAL AID POLICIES IN POVERTY REDUCTION PROGRAMS

Based on the consolidated list of poor communes and households; particularly difficult communes, border communes, safe zones; particularly difficult villages in Zone II at the local level approved by the Prime Minister, the State Legal Aid Centers of provinces and centrally-administered cities (hereinafter referred to as Centers) shall undertake the following tasks:

1. Surveying Legal Aid Needs

The Center shall cooperate with relevant agencies and departments to survey the legal aid needs of the local population with the following contents:

a) The total number of people eligible for legal aid out of the total population living in the locality (divided according to specific beneficiary categories, clearly identifying the ratio and forecasting this ratio for subsequent years until 2010);

b) The number of people aware of legal aid out of the total number of people permanently residing in the locality (forecasting the ratio);

c) The number of people needing legal aid out of the total number of eligible people for legal aid in the locality (forecasting the ratio);

d) Fields of law with high demand for legal aid (based on assessing and surveying the actual operations of investigative, prosecution, and adjudicative bodies, the actual handling of complaints and petitions, and the need for legal knowledge among legal aid recipients in the locality).

The survey results must accurately determine the legal aid needs and be compiled into a report, serving as the basis for formulating and implementing the overall plan and annual plans for implementing legal aid policies in poverty reduction programs in line with the local conditions and characteristics.

Based on the number of poor communes, poor households; particularly difficult communes, border communes, safe zones; particularly difficult villages and hamlets in Zone II communes, the subjects eligible for legal aid and their need for such aid, the Centers must develop Plans to implement legal aid policies within poverty reduction Programs, including:

a) An overall Plan (for the period 2008 - 2010) and an annual Plan to implement legal aid policies within Program 135 Phase II;

b) An overall Plan (for the period 2008 - 2010) and an annual Plan to implement legal aid policies for poor people within the National Target Program on Poverty Reduction for the period 2006 - 2010.

The contents of these Plans must clearly define objectives, beneficiaries, activities, implementation schedules, funding to ensure implementation, statistical systems, reporting, inspection, supervision, evaluation of implementation, and organization of implementation.

3. Establish and organize activities of Legal Aid Clubs

Based on the list of poor communes, particularly difficult communes, border communes, safe zones, particularly difficult villages and hamlets in Zone II communes in the locality approved by the Prime Minister under the poverty reduction Programs, the Department of Justice shall direct the Centers to coordinate with relevant agencies at the district level to guide the People's Commune Councils, Ward People's Councils, Town People's Councils (hereinafter referred to collectively as the People's Commune Councils) under the poverty reduction Programs to establish Legal Aid Clubs; approve the Statutes regarding the organization and operation of Legal Aid Clubs and guide their operations according to the Law on Legal Aid, Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Legal Aid, and Decision No. 03/2008/QĐ-BTP dated February 28, 2008 of the Minister of Justice promulgating the Model Statutes on the organization and operation of Legal Aid Clubs.

4. Implement legal aid activities

a) Accept and organize the timely, effective, and quality completion of legal aid cases for people receiving legal aid living in poor communes, particularly difficult communes, border communes, safe zones, and particularly difficult villages and hamlets in Zone II communes under the poverty reduction Programs when they request such aid.

b) Organize training sessions to update legal knowledge and legal aid skills for legal aid volunteers, members of the Legal Aid Club Management Board, and guide Legal Aid Club activities;

c) Organize mobile legal aid campaigns to communes, villages, and hamlets under the poverty reduction Programs, ensuring that each commune receives at least one mobile legal aid campaign annually. For communes with high demand for legal aid and hotspots for complaints and petitions, the Centers will organize multiple mobile legal aid campaigns based on requests from the People's Commune Councils or to serve local political tasks;

d) Strengthen information and communication activities about legal provisions directly related to basic rights and obligations of citizens, especially those concerning state preferential policies for the poor, ethnic minorities, and legal aid laws for residents in communes, villages, and hamlets eligible for legal aid under the poverty reduction Programs through appropriate forms suitable to the locality, as follows:

- Compiling, printing, and distributing free legal pamphlets; providing legal information to Legal Aid Clubs;

- Drafting the content of legal provisions, recording and duplicating audio sets (in both common language and ethnic languages) to broadcast on commune public address systems;

- Placing informational signs about legal aid in places where many residents pass through in communes, such as village cultural houses, People's Commune Council offices...

III. FUNDS TO ENSURE IMPLEMENTATION

1. Funds for implementing legal aid policies under Program 135 Phase II include:

a) Central budget funds from Program 135 Phase II supporting directly to communes under Program 135 Phase II and particularly difficult villages and hamlets in Zone II communes at a rate of VND 2 million/year/commune; VND 0.5 million/year/village, hamlet to organize Legal Aid Club activities.

b) Local budget funds supporting the Centers to implement mobile legal aid and communication activities, provide materials and legal information to the poor.

The management and use of central and local budget support funds under Program 135 Phase II shall be carried out in accordance with Circular No. 06/2007/TT-UBDT dated September 20, 2007 of the Committee for Ethnic Minorities guiding the implementation of support levels for services to improve and enhance the livelihoods of the people, legal aid to raise legal awareness pursuant to Decision No. 112/2007/QĐ-TTg dated July 20, 2007 of the Prime Minister and guidelines of the State Budget Law, and financial expenditure guidance from the State budget of the Ministry of Finance.

c) Support funds from the Vietnam Legal Aid Fund, international cooperation projects, and other legitimate sources (if any).

The management and use of support funds from the Vietnam Legal Aid Fund, international cooperation projects, and other sources of funds shall be carried out in accordance with the guidelines of these support sources.

2. Funds for implementing legal aid policies under the National Target Program on Poverty Reduction for the period 2006 - 2010 include:

a) Central budget support funds from the National Target Program on Poverty Reduction for the period 2006 - 2010 to organize Legal Aid Club activities in poor communes with a poverty rate of 25% or higher at VND 2 million/year/commune and to implement legal aid activities as stipulated in points b, c, d of Article 4 Part II of this Circular.

In areas where the central budget supports but is insufficient to cover the activities stipulated in Part II of this Circular or in areas with low poverty rates that do not receive financial support from the central budget, the Department of Justice shall coordinate with relevant departments and agencies to prepare a budget for ensuring the implementation of legal aid policies under the National Target Program on Poverty Reduction to be submitted to the Provincial People's Committee for supplementary funding from the local budget.

b) Annual financial resources from the local budget allocated to the Center’s activities and funds to ensure the implementation of legal aid policies amounting to 1% of the total annual local budget expenditure dedicated to the National Target Program on Poverty Reduction during the period 2006-2010.

The management and utilization of financial resources supported by the central and local budgets under the National Target Program on Poverty Reduction shall be carried out in accordance with the provisions of Joint Circular No. 102/2007/TTLT-BTC-BLDTBXH dated August 20, 2007, issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs guiding the financial management mechanism for certain projects under the National Target Program on Poverty Reduction, and in accordance with the State Budget Law and the guidelines for financial expenditures from the state budget issued by the Ministry of Finance.

c) Financial support from the Vietnam Legal Aid Fund, from international cooperation projects, and other lawful sources (if any).

The management and use of support funds from the Vietnam Legal Aid Fund, international cooperation projects, and other sources of funds shall be carried out in accordance with the guidelines of these support sources.

IV. MECHANISMS FOR MONITORING, SUPERVISION, EVALUATION AND REPORTING ON IMPLEMENTATION RESULTS

1. Agencies responsible for monitoring, supervising and evaluating the implementation of legal aid policies in poverty reduction programs

a) The Ministry of Justice shall take the lead and coordinate with relevant ministries and sectors at the central level to monitor, supervise, and evaluate the implementation of legal aid policies in poverty reduction programs nationwide. The Legal Aid Agency shall assist the Minister of Justice in monitoring, supervising, and evaluating the implementation of legal aid policies in poverty reduction programs.

b) The Department of Justice shall coordinate with relevant departments and agencies at the local level to monitor, supervise, and evaluate the implementation of legal aid policies in poverty reduction programs locally.

2. Monitoring, supervision, and evaluation of the implementation of legal aid policies in poverty reduction programs

a) Based on the objectives, content of activities, and the annual plan for implementing legal aid policies in poverty reduction programs, authorized units shall develop plans for monitoring, supervising, and evaluating the implementation results. The monitoring and supervision plan shall include: content, time, participants, locality, and funds to ensure the implementation of monitoring and supervision.

b) The organization of monitoring, supervision, and evaluation of the implementation of legal aid policies in poverty reduction programs according to the plan shall be conducted regularly or at short notice.

c) After each round of monitoring and supervision of the implementation of legal aid policies in poverty reduction programs, the implementing unit must submit a report evaluating the implementation of legal aid policies in poverty reduction programs in the locality.

3. Reporting on Implementation Results

a) Units receiving financial resources and units managing the implementation of legal aid policies in poverty reduction programs have the responsibility to prepare reports and submit them to competent authorities. Regular reports include semi-annual and annual reports; ad hoc reports are prepared upon request of competent state authorities.

b) The Ministry of Justice has the responsibility to prepare and submit reports to the Steering Committee for Implementing Poverty Reduction Programs of the Government within the following deadlines:

+ For semi-annual reports: before July 20th each year;

+ For annual reports: before November 20th each year.

The Department of Justice is responsible for directing the State Legal Aid Center to prepare reports and submit them to the Ministry of Justice for consolidation within the following deadlines:

+ For semi-annual reports: before July 5th each year;

+ For annual reports: before November 5th each year.

- Responsibilities and deadlines for submitting reports by units directly implementing legal aid policies in poverty reduction programs to competent authorities at the local level shall be implemented in accordance with the regulations of each locality. For ad hoc reports, the responsibility for preparing reports and the deadline for submission of reports shall be carried out in accordance with the Urgent Report Request Letter.

c) Content of Reports

For regular reports, the following contents must be ensured:

- Results of implementing activities stipulated in Part II of this Circular;

- Evaluation of achievements made and shortcomings, limitations, difficulties, obstacles, causes of existing problems and limitations;

- The situation of using financial support from the central budget and local budget for legal aid policies in poverty reduction programs;

- Proposals, recommendations, solutions to achieve set goals;

- Estimated completion of results compared to the full year and directions for implementing legal aid policies in the last six months of the year (for semi-annual reports); directions for activities in the next year (for annual reports).

Reporting on the implementation results of legal aid policies in the Program 135 Phase II shall be carried out according to Model No. 01-TP-TGPL-CTGN attached to this Circular; Reporting on the implementation results of legal aid policies in the National Target Program on Poverty Reduction shall be carried out according to Model No. 02-TP-TGPL-CTGN;

For ad hoc reports, the content of the report shall be carried out strictly in accordance with the content specified in the Urgent Report Request Letter of the competent authority.

V. IMPLEMENTATION

1. Responsibilities of the Ministry of Justice

The Ministry of Justice is the agency responsible for managing, guiding, and overseeing the implementation of legal aid policies in poverty reduction programs.

The Legal Aid Agency assists the Minister of Justice in managing and guiding the implementation of legal aid policies in poverty reduction programs, with the following tasks and powers:

a) Develop the Overall Plan, Annual Plan, and consolidated budget for implementing legal aid policies in poverty reduction programs to be submitted to competent authorities for consideration and decision;

b) Take the lead and coordinate with relevant units under the Ministry of Justice to study and propose the development, amendment, supplementation, and replacement of legal normative documents related to legal aid policies in poverty reduction programs to be issued by the Minister of Justice within their authority or submitted to competent state agencies for issuance and implementation of such documents;

c) Guide and directly monitor the implementation of legal aid policies in poverty reduction programs nationwide;

d) Take the lead and coordinate with relevant units under related ministries and sectors in the implementation, inspection, supervision, and evaluation of legal aid policies to ensure the completion of poverty reduction program goals;

đ) Summarize the implementation of legal aid policies in poverty reduction programs at local levels to report to the Minister for consideration and decision, and to report to competent authorities as prescribed;

2. Responsibilities of Provincial People's Committees

a) Direct, guide, and organize the implementation of legal aid policies in poverty reduction programs at the local level;

b) Approve the Implementation Plan, decide on the allocation of local budget funds to implement legal aid policies in poverty reduction programs according to point a, Section 3, Part VI, Article 1 of Decision No. 20/2007/QD-TTg dated February 5, 2007, and Clause 2, Article 3 of Decision No. 112/2007/QD-TTg dated July 20, 2007 of the Prime Minister from a minimum of 1% of the total annual local government budget to implement poverty reduction programs;

c) Direct the People's Committees of districts, departments, and sectors to organize the implementation and bear responsibility for the results of the implementation of the program within the province;

3. Responsibilities of Departments of Justice

The Department of Justice is responsible for coordinating with relevant departments and sectors to assist provincial people's committees in implementing legal aid policies in poverty reduction programs at the local level, and has the responsibility to direct centers to perform the following tasks and powers:

a) Advise on the development of the Overall Plan and Annual Plan and budget for implementing legal aid policies in poverty reduction programs at the local level to be submitted to the provincial people's committee for approval;

b) Direct the center to implement legal aid activities in poverty reduction programs and monitor, inspect, and supervise the implementation;

c) Direct the center to guide the People's Committees of communes to establish and organize the operation of Legal Aid Clubs, prepare budgets to ensure the operation of Legal Aid Clubs;

d) Summarize and report the results of implementing legal aid policies in poverty reduction programs to the Ministry of Justice and competent authorities as prescribed by the poverty reduction programs and implementing guidelines;

4. Responsibilities of State Legal Aid Centers

The Center is responsible for directly implementing legal aid policies in poverty reduction programs at the local level, and has the following tasks and powers:

a) Develop the Overall Plan and Annual Plan to implement legal aid policies in poverty reduction programs; prepare a budget for the Director of the Department of Justice to submit to the Chairman of the provincial people's committee for approval and implement the plan after approval;

b) Directly manage and use the funding allocated for implementing legal aid policies in poverty reduction programs as prescribed by law;

c) Organize the effective and quality implementation of legal aid activities stipulated in Part II of this Circular;

d) Guide the People's Committees of communes to establish and organize the operation of Legal Aid Clubs, prepare budgets to implement them; monitor and guide the operation of Legal Aid Clubs and provide legal materials to Legal Aid Clubs;

đ) Summarize and report to the Director of the Department of Justice on the results of implementing legal aid policies in poverty reduction programs for the Director of the Department of Justice to report to competent authorities as prescribed by the poverty reduction programs and implementing guidelines;

5. Responsibilities of Commune People's Committees

The Commune People's Committee is responsible for cooperating with the Center in preparing the budget for implementing legal aid policies in poverty reduction programs at the local level; receiving funds for the operation of Legal Aid Clubs; establishing and organizing the operation of Legal Aid Clubs in accordance with the law on legal aid;

6. Responsibilities of Legal Aid Clubs

Legal Aid Clubs have the task of receiving activity funds from poverty reduction programs to serve the organization of Legal Aid Club activities; implement expenditures in accordance with the provisions of poverty reduction programs; receive professional guidance and legal material support from the Center; are responsible for building reports on the activities of Legal Aid Clubs to the Center for consolidation and reporting to competent state agencies;

VI. EFFECTIVE DATE OF IMPLEMENTATION

This Circular shall take effect fifteen days after its publication in the Official Gazette;

During the implementation process, if there are difficulties, obstacles, or new issues arising, the Department of Justice, State Legal Aid Centers, and related agencies and units shall have the responsibility to reflect these issues to the Ministry of Justice for consideration of guidance on implementation or appropriate amendments and supplements. /