Circular No. 07/2012/TT-BTP guiding the legal aid volunteers of the State Legal Aid Center

CIRCULAR

Guidelines for Legal Aid Assistants of the State Legal Aid Center

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

Pursuant to Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain provisions of the Legal Aid Law;

Pursuant to Decree No. 05/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on registration of secured transactions, legal aid, lawyers, and legal consultation;

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

Considering the proposal of the Director of the Legal Aid Administration.

The Minister of Justice issues guidelines for legal aid assistants of the State Legal Aid Center as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars guide the standards, conditions, procedures for recognizing, issuing, and revoking assistant cards for legal aid assistants (hereinafter referred to as assistants); contracts for assisting in the provision of legal aid; rights and obligations of assistants; objects, scope, forms, methods, and fields of legal aid; and state management over assistants.

Article 2. Assistants

1. Assistants of the State Legal Aid Center (hereinafter referred to as the Center) are individuals who meet the standards and conditions, recognized and issued assistant cards according to the provisions of this Circular.

2. Assistants help the Center and Branches of the Center (hereinafter referred to as Branches) implement legal aid activities; assist those receiving legal aid in protecting their legitimate rights and interests, enhancing their knowledge of laws, awareness of respecting and complying with laws; contribute to popularizing and educating about laws, upholding justice, ensuring social equity, preventing and reducing disputes and violations of laws.

3. Assistants provide legal aid according to the objects, scope, forms, methods, and fields of legal aid as stipulated in the cooperation contract signed between the assistant and the Center in accordance with the legal regulations on legal aid.

4. The State encourages civil servants, public officials, employees, lawyers, legal experts, and individuals meeting the standards and conditions to participate as assistants, ensuring that social resources can be mobilized to implement socialized legal aid.

Agencies and organizations within their respective duties and powers encourage and create favorable conditions for civil servants, public officials, employees, members, affiliates, and other individuals meeting the standards and conditions to work at their agencies and organizations to become assistants.

Article 3. Principles of Operation

1. Assistants participate in providing legal aid on a voluntary basis and enjoy rights and fulfill obligations in accordance with the provisions of the law.

2. When providing legal aid, assistants must comply with the principles of legal aid activity as prescribed in Article 4 of the Legal Aid Law.

3. Strictly prohibited are all forms of abuse of assistant cards or assistant status for personal gain or actions that affect the reputation of the Center and Branches.

Chapter II

STANDARDS, CONDITIONS, PROCEDURES FOR RECOGNITION, ISSUANCE, AND REVOCATION OF ASSISTANT CARDS

Article 4. Standards, Conditions for Recognition and Issuance of Assistant Cards

1. Individuals who meet the standards and conditions stipulated in Clause 1, Article 22 of the Legal Aid Law and voluntarily participate in legal aid shall be considered for recognition and issuance of assistant cards.

2. Individuals with experience in legal work as prescribed in Point b, Clause 1, Article 22 of the Legal Aid Law are those who have or are currently working in legal-related positions in judicial, prosecution, court, inspection, investigation systems, or legal departments of agencies, organizations, enterprises, armed forces units; other agencies and organizations related to the law; or those who have or are currently serving as civil registrars at commune-level People's Committees, People's Court judges, People's Defense Counselors, legal experts. 3. Individuals with legal knowledge and community reputation as prescribed in Point b, Clause 1, Article 22 of the Legal Aid Law are those who have or are currently serving as members of mediation teams, members of the Management Board of Legal Aid Clubs, village elders, village chiefs, hamlet chiefs, representatives of political-social organizations, occupational associations at the grassroots level.

3. A person with legal knowledge and reputable in the community as prescribed in point b, Clause 1, Article 22 of the Legal Aid Law is someone who has been or is currently a member of a mediation team, a member of the Management Board of a legal aid club, a village elder, a village head, a hamlet head, an ấp head, or a representative of political-social organizations or occupational social organizations at the grassroots level.

Article 5. Procedures for Recognizing and Issuing Collaborator Cards

1. Individuals who meet the criteria and conditions stipulated in Article 4 of this Circular and have a desire to become collaborators shall submit one set of application documents for becoming a collaborator in accordance with the provisions of Article 2 of Decree No. 05/2012/ND-CP dated February 2, 2012 of the Government amending and supplementing certain articles of Decrees on registration of secured transactions, legal aid, lawyers, and legal consultation (hereinafter referred to as Decree No. 05/2012/ND-CP) to the Center or Branch at the locality where they reside or work. The application for becoming a collaborator shall be made using Form No. 01-CTV-TGPL issued together with this Circular.

2. The procedures for recognizing and issuing collaborator cards shall be carried out in accordance with the provisions of Article 2 of Decree No. 05/2012/ND-CP. The decision recognizing and issuing collaborator cards shall be issued using Form No. 02-CTV-TGPL attached to this Circular.

Article 6. Collaborator Card

1. The collaborator card has dimensions: width 70mm, length 95mm; the card consists of two sides printed in Vietnamese, both the front and back of the card are printed with faint yellow floral patterns, with a legal aid emblem embossed in the center. The content of the card is as follows:

a) Front side of the card: includes two parts:

The left part of the card: at the top there are two lines of text, the upper line reads "PROvincial PEOPLE'S COMMITTEE (City)...", the lower line reads "DEPARTMENT OF JUSTICE"; below the text is a photograph of the collaborator measuring 2cm x 3cm, with a raised stamp of the Department of Justice affixed in the bottom right corner of the photo.

The right part of the card contains the following content from top to bottom:

At the very top is the National Emblem of the Socialist Republic of Vietnam and a horizontal line below it with a length equal to that of the text "INDEPENDENCE-FREEDOM-HAPPINESS".

Below is the text "LEGAL AID COLLABORATOR CARD" in red capital letters; followed below are the contents: Number (in red); full name; place of work; location, date, month, year of issuance of the card.

On the right side below is the text DIRECTOR.

At the very bottom is the signature of the Director of the Department of Justice and the stamp of the Department of Justice.

b) Back side of the card:

At the top is the text "RULES FOR USING THE CARD" in red capital letters.

Below is the content regarding the rules for using the collaborator card.

Detailed specifications of the Legal Aid Collaborator Card are described in Form No. 03-CTV-TGPL issued together with this Circular.

2. The Legal Aid Bureau under the Ministry of Justice prints, manages the blank cards for collaborators and distributes them according to the request of the Director of the Department of Justice.

3. The use of collaborator cards shall be carried out in accordance with the provisions of Article 29 of Decree No. 07/2007/ND-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain articles of the Law on Legal Aid (hereinafter referred to as Decree No. 07/2007/ND-CP).

Article 7. Reissuing and Revoking Collaborator Cards

1. In case the collaborator card is lost or damaged and cannot be used, the collaborator shall submit an application requesting the Director of the Department of Justice to reissue the card, along with two color portrait photographs measuring 2cm x 3cm sent to the Director of the Center. The application for reissuing the card must clearly state that the card is lost or damaged and cannot be used. If the card is damaged, the application must be accompanied by the damaged card. Within four working days from the date of receipt of the application for reissuing the card, the Director of the Center will check the list of collaborators based on the number of the card previously issued to the collaborator and request the Director of the Department of Justice to decide on reissuing the collaborator card to the applicant. Within three working days from the date of receipt of the file submitted by the Director of the Center, the Director of the Department of Justice will examine and sign the decision recognizing and issuing the collaborator card. The reissued collaborator card retains the original number and symbol of the first-issued card but the issuance date on the card is the date of reissuance.

2. In cases where the collaborator changes their place of residence or work from one centrally governed province or city to another, they shall go to the Legal Aid Center where they previously worked as a collaborator to terminate the collaboration contract and return the collaborator card issued. If they wish to continue as a collaborator, they shall go to the Legal Aid Center at their new place of residence or work to complete the recognition and issuance procedures for the collaborator card in accordance with Article 5 of this Circular.

3. When a collaborator falls under any of the circumstances specified in Clause 1, Article 30 of Decree No. 07/2007/ND-CP, within seven working days from the date of receipt of the request for revocation of the collaborator card from the Director of the Center, the Director of the Department of Justice shall issue a decision to revoke the collaborator card. The revocation decision shall be sent to the collaborator. The collaborator card of the person whose card is revoked ceases to be valid from the effective date of the revocation decision.

The person whose collaborator card is revoked has the right to appeal against the decision to revoke the card by the Director of the Department of Justice. Appeals and their resolution shall be conducted in accordance with the laws on appeals.

Chapter III

COLLABORATION CONTRACT TO IMPLEMENT LEGAL AID

Article 8. Signing Collaborative Contracts

1. The collaborative contract for legal aid implementation serves as the basis to determine the responsibilities and authorities of the Center and the collaborator in their collaborative relationship. The collaborative contract takes effect from the moment both parties sign the contract, except where otherwise agreed in the contract. The collaborator may provide legal aid from the time the collaborative contract becomes effective.

2. Within thirty days from the date of receiving the collaborator card, the collaborator must come to the Center or Branch to sign the collaborative contract. The collaborative contract must clearly define the subject matter, scope, form, method, field of legal aid, collaboration period that the collaborator will undertake, rights and obligations of the collaborator, issues regarding termination of the contract and dispute resolution mechanisms during the execution of the collaborative contract in accordance with the legal provisions on legal aid and other relevant laws (Model No. 04-TGPL-CTV promulgated together with this Circular).

3. The Director of the Center signs the collaborative contract with the collaborator providing legal aid at the Center. The Director of the Center signs or authorizes in writing the Head of the Branch to sign the collaborative contract with the collaborator providing legal aid at the Branch. The Head of the Branch is responsible to the Director of the Center for signing the collaborative contract with the collaborator. The collaborative contract signed by the Director of the Center shall be made in two copies; the collaborative contract signed by the Head of the Branch shall be made in three copies, each party retains one copy, one copy kept at the Center.

Article 9. Amendment and Supplement to Collaborative Contracts

1. The collaborator may request the Center to amend and supplement the content of the collaborative contract. Within three working days from the date of receipt of the collaborator's request, if agreeing with the collaborator's proposal, the Director of the Center or the Head of the Branch authorized by the Director of the Center and the collaborator shall proceed to sign the amended collaborative contract for legal aid implementation.

2. In case the Director of the Center or the Head of the Branch does not agree with the collaborator's proposal to amend and supplement the content of the collaborative contract, they must respond in writing and specify the reasons within three working days from the date of receipt of the request. In this case, the collaborator continues to provide legal aid according to the signed collaborative contract or notify the Center in writing about the termination of the collaborative contract. Within four working days from the date of receipt of the notification of termination of the collaborative contract, the collaborator shall proceed to hand over all pending legal aid case files and terminate the collaborative contract with the Center.

Article 10. Termination of Collaborative Contracts

1. The collaborative contract shall be terminated in the following cases:

a) The collaborator requests the Center to terminate the collaborative contract in writing, specifying the reasons for terminating the collaborative contract;

b) The collaborator engages in actions violating the provisions of Clause 2, Article 29 of Decree No. 07/2007/ND-CP on the use of collaborator cards;

c) The collaborator falls under one of the circumstances for revocation of the collaborator card as stipulated in Clause 1, Article 30 of Decree No. 07/2007/ND-CP.

2. Within four working days from the date of termination of the collaborative contract, the parties to the collaborative contract shall be responsible for liquidating the collaborative contract. The collaborator is responsible for returning the collaborator card and handing over all pending legal aid case files to the Center, Branch. The Center is responsible for paying allowances and reasonable expenses to the collaborator for legal aid cases already undertaken in accordance with the law.

A collaborator who has terminated the collaborative contract remains liable under the law for matters carried out while serving as a collaborator.

Chapter IV

RIGHTS AND OBLIGATIONS OF COLLABORATORS

Article 11. Rights of Collaborators

1. To be issued a collaborator card and to use the collaborator card in accordance with the provisions of Article 29 of Decree No. 07/2007/NĐ-CP.

2. To be assigned to carry out legal aid cases suitable for the subject, scope, form, method, and field of legal aid as reflected in the collaboration contract signed with the Center.

3. To request relevant agencies, organizations, and individuals to provide information and documents necessary for carrying out legal aid cases.

4. To refuse or cease to continue providing legal aid in accordance with Clause 1, Article 16 of this Circular.

5. To receive professional training and skill development in legal aid.

6. To enjoy stipends and reasonable administrative expenses in accordance with the law.

7. To propose and make recommendations on expanding and enhancing the effectiveness of the Center's and Branch's legal aid activities.

8. To be commended and rewarded according to the law when achieving outstanding results in legal aid work.

9. To lodge complaints regarding the issuance, revocation of collaborator cards, implementation of policies and administrative decisions, and other administrative acts in the field of legal aid.

Article 12. Obligations of Collaborators

1. To provide legal aid in accordance with the legal regulations on legal aid and the collaboration contract signed with the Center.

2. To use and maintain the collaborator card during the provision of legal aid in accordance with Article 29 of Decree No. 07/2007/NĐ-CP; to return the collaborator card when it is revoked.

3. To comply with the principles of legal aid operations; to adhere to internal rules and regulations of the Center and Branch.

4. To refuse or not continue providing legal aid in accordance with Clause 2, Article 16 of this Circular.

5. To be responsible before the Center Director or Branch Head and the law for legal aid activities; to reimburse the Center for compensation costs incurred due to erroneous legal aid causing damage to the beneficiary.

6. To report periodically and ad hoc as required by the Center and Branch; to promptly report to the Center Director or Branch Head any issues arising that affect the outcome of legal aid and propose solutions.

7. To notify the Center of changes in place of residence or employment.

Chapter V

SUBJECTS, SCOPE, FORMS, AREAS, METHODS OF ACTIVITY AND MANAGEMENT OF COLLABORATORS

Article 13. Subjects and Scope of Legal Aid

Collaborators only provide legal aid to persons eligible for legal aid for cases within the scope of legal aid as specified in Article 26 of the Legal Aid Law.

Article 14. Forms of Legal Aid

1. Collaborators who are lawyers may provide legal aid through forms of legal aid prescribed in Article 27 of the Legal Aid Law, including legal consultation, participation in litigation, representation outside litigation, and other appropriate forms of legal aid as reflected in the collaboration contract signed with the Center.

2. Non-lawyer collaborators only provide legal aid through the form of legal consultation. In cases where a collaborator has provided legal aid through legal consultation and the client requests the same collaborator to participate in mediation related to the consulted case, the Center Director or Branch Head may assign the collaborator to continue mediating.

Article 15. Areas of Legal Aid

1. Collaborators shall be selected for one or more areas of legal aid specified in Article 34 of Decree No. 07/2007/NĐ-CP when entering into a collaboration contract with the Center, in accordance with their capabilities and professional expertise.

2. Collaborators shall provide legal aid in the areas of legal aid stipulated in the collaboration contract with the Center or Branch.

Article 16. Refusal to Provide or Continue Providing Legal Aid

1. Collaborators may refuse to provide or continue providing legal aid if the legal aid case falls under one of the circumstances prescribed in Clause 1, Article 45 of the Legal Aid Law. The refusal or discontinuation of legal aid must be responded to in writing within three working days from the date of receiving the application for legal aid or discovering grounds for refusal or discontinuation of legal aid, and the reasons must be clearly stated to the person requesting legal aid, while simultaneously reporting to the Center Director or Branch Head.

2. Collaborators must refuse to provide or continue providing legal aid if the legal aid case falls under one of the circumstances prescribed in Clause 2, Article 45 of the Legal Aid Law. The refusal or discontinuation of legal aid must be responded to in writing within three working days from the date of receiving the application for legal aid, and the reasons must be clearly stated to the person requesting legal aid, while simultaneously reporting to the Center Director or Branch Head.

Article 17. Methods of Operation

1. Collaborators shall provide legal aid according to the assignment of the Center Director or Branch Head, or directly accept cases requested by the person seeking legal aid as guided by the Center or Branch.

In cases where collaborators directly handle legal aid cases as guided by the Center or Branch, they may provide legal aid at their workplace if permitted by the organization or agency where they work.

2. During the provision of legal aid, if it is deemed necessary to have support or assistance in professional matters, collaborators may coordinate with other legal aid providers to exchange experiences and resolve difficulties encountered during the handling of legal aid cases. provide professional and vocational support and assistance, and cooperate with other legal aid implementers to jointly exchange experiences and resolve difficulties when implementing legal aid cases.

3. The Center Director shall consider and decide on the establishment of Collaborator Teams at agencies, organizations, or localities when there are three or more collaborators. the establish a Team of Collaborators at agencies, organizations, and localities when there are three or more collaborators..

Article 18. Management of Collaborators

1. Collaborators are subject to management, monitoring, inspection, and guidance on professional legal aid matters by the Center Director or Branch Head authorized by the Center Director. Collaborators are supported by the Center for professional development and legal aid skills. The Center bears responsibility under the law for the provision of legal aid by collaborators. be subject to management, monitoring, inspection, and guidance on professional and vocational legal aid matters by the Director of the Center or the Head of the Branch authorized by the Center Director. Collaborators are supported by the Center for professional and vocational training and legal aid skills. The Center If collaborators provide legal aid incorrectly causing damage to the person receiving legal aid, the Center shall bear the responsibility for compensation and has the right to request the erring collaborator to reimburse the compensation costs. The reimbursement shall be carried out in accordance with civil law regulations and the organizational and operational rules of the Center.

In case a collaborator implements legal aid incorrectly causing damage to the beneficiary of legal aid, the Center shall bear responsibility for compensation and has the right to request the erring collaborator to reimburse the compensation costs. The reimbursement shall be carried out in accordance with civil law regulations and the Center's organizational and operational rules.

2. The Center Director directly manages and utilizes collaborators, responsible for assigning cases or inviting collaborators to participate in legal aid cases suitable for the subjects, forms, areas, methods, and scope of legal aid as stipulated in the collaboration contract. The Branch Head is authorized by the Center Director to manage and utilize collaborators within their jurisdiction, responsible for assigning and utilizing collaborators in accordance with this Circular, and is accountable for the management and utilization of collaborators to the Center Director.

Chapter VI

IMPLEMENTING PROVISIONS

Article 19. Transitional Provisions

Collaborators recognized and issued a collaborator card pursuant to the Collaborator Regulation promulgated together with Decision No. 05/2008/QĐ-BTP dated May 13, 2008, of the Minister of Justice (hereinafter referred to as Decision No. 05/2008/QĐ-BTP), shall continue to be recognized as collaborators under this Circular.

Within three months from the effective date of this Circular, the Center shall be responsible for reviewing files and processing applications for the Director of the Department of Justice to decide on the revocation of old collaborator cards and issuance of new collaborator cards in accordance with this Circular for collaborators.

Article 20. Effective Date

1. This Circular takes effect from September 15, 2012, and replaces Decision No. 05/2008/QĐ-BTP.

2. During implementation, if there are any issues, please report them to the Ministry of Justice for review and resolution.

Article 21. Responsibility for Implementation

The Director of the Legal Aid Bureau, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of National Legal Aid Centers in provinces and centrally-administered cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.