Joint Circular No. 08/2016/TTLT-BTP-BNV stipulates the code number and the criteria for the occupational title of Legal Aid Counselor civil servant.

JOINT CIRCULAR

Regulations on job code, occupational standards

Legal Assistant civil servant

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, use, and management of civil servants;

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

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of Justice and the Minister of Interior issue this Joint Circular stipulating code number, criteria for the position title and profession of Legal Assistant civil servant,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Joint Circular stipulates the code number, criteria for the position title and profession, and appointment and classification of salary for the position title and profession of Legal Assistant civil servant.

2. This Joint Circular applies to Legal Assistant civil servants working at State Legal Aid Centers.

Article 2. Code Number and Classification of Position Title and Profession of Legal Assistant Civil Servant

1. Legal Assistant Level II - Code Number: V02.01.01

2. Legal Assistant Level III - Code Number: V02.01.02

Chapter II

OCCUPATIONAL STANDARDS

Article 3. Professional Ethics Criteria for Legal Assistant Civil ServantsArticle 4. Legal Assistant Level II - Code Number: V02.01.01

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

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

a) Implement legal aid for complex cases and other legal aid cases assigned; b) Lead the research, drafting, and implementation of legal aid documents, programs, plans within the locality; participate in drafting legal aid documents, programs, plans assigned;

1. Tasks

c) Organize the evaluation, supervision, and participation in the quality assessment of assigned legal aid cases; guide the quality assessment process for Legal Assistant Level III and other designated evaluators according to regulations;

d) Lead or directly instruct professional skills and legal aid techniques for Legal Assistant Level III and other legal aid implementers;

đ) Lead or participate in compiling training programs and materials for legal aid skills; organize or participate in training and skill enhancement for Legal Assistant Level III and other legal aid implementers;

e) Lead or participate in scientific research, summarizing practical experiences in legal aid implementation, and proposing solutions to improve the quality of legal aid work;

b) Possess foreign language proficiency level 3 as prescribed in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014 of the Minister of Education and Training promulgating the Six-Level Foreign Language Proficiency Framework for Vietnam (hereinafter referred to as Circular No. 01/2014/TT-BGDĐT);

c) Possess basic information technology skills as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications stipulating Information Technology Skill Standards (hereinafter referred to as Circular No. 03/2014/TT-BTTTT);

g) Perform other tasks assigned;

2. Qualification requirements for education and training

a) Holding a bachelor’s degree or higher in law.

d) Hold a certificate in legal aid vocational training.

b) Have broad knowledge of the legal system and specialized knowledge in the assigned field of law;

d) Have the ability to guide professional skills and legal aid techniques for Legal Assistant Level III and other legal aid implementers;

3. Professional Qualification Standards

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

đ) Have the ability to assess the quality of assigned legal aid cases; have the ability to synthesize and propose improvements in professional practices to enhance the quality and effectiveness of legal aid work;

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

e) Have the ability to coordinate with relevant agencies, organizations, and legal aid implementers when performing legal aid activities;

g) Lead or directly participate in scientific research serving legal aid work;

h) A civil servant promoted from the position title of Legal Assistant Level III to Legal Assistant Level II must have held the position title of Legal Assistant Level III or equivalent for a minimum of nine years, including at least two years in the most recent period holding the position title of Legal Assistant Level III.

g) Chair or directly participate in scientific research work serving legal aid activities;

h) A civil servant promoted from the position of Legal Aid Officer Grade III to the position of Legal Aid Officer Grade II must have held the position of Legal Aid Officer Grade III or equivalent for at least 09 (nine) years, including at least 02 (two) years in the most recent period holding the position of Legal Aid Officer Grade III.

Article 5. Legal aid assistant level III - Code: V02.01.02

1. Tasks

a) Carry out legal aid for assigned cases;

b) Participate in evaluating the quality of assigned legal aid cases;

c) Participate in researching, drafting programs, plans, legal aid documents at the local level; participate in compiling programs, materials and providing vocational training for legal aid according to assignment;

d) Participate in scientific research serving legal aid work;

đ) Perform other tasks assigned;

2. Qualification requirements for education and training

a) Holding a bachelor’s degree or higher in law.

b) Have a foreign language proficiency level of grade 2 as stipulated in Circular No. 01/2014/TT-BGDĐT;

c) Have computer skills meeting the basic information technology standards as stipulated in Circular No. 03/2014/TT-BTTTT;

d) Have the ability to guide professional skills and legal aid techniques for Legal Assistant Level III and other legal aid implementers;

3. Professional Qualification Standards

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

b) Possess deep knowledge and understanding of the field of legal aid law assigned; proficiently perform legal aid tasks; independently and proactively implement legal aid vocational activities;

c) Have the ability to guide vocational tasks and legal aid skills to those performing legal aid; evaluate the quality of assigned legal aid cases;

d) Have the ability to coordinate with related agencies, organizations and those performing legal aid when implementing legal aid activities;

đ) Have the ability to participate in scientific research serving legal aid work;

e) Have at least two years of legal work experience, including probationary and trial periods;

In the case where civil servants, employees, officers of the People's Army, officers of the People's Public Security working in other agencies, organizations, units transfer to legal aid agencies, they must have at least two years holding the rank of civil servant, occupational title, equivalent rank to the position of Legal Aid Assistant Level III;

Chapter III

GUIDELINES FOR APPOINTMENT AND SALARY GRADING BY PROFESSIONAL TITLES

Article 6. Principles for appointment and salary classification according to occupational titles for legal aid staff Legal Aid Assistant

1. The appointment to the occupational title for legal aid staff must be based on the job position, duties, specialty, and vocational tasks currently undertaken by the staff member, and in accordance with Article 7 of this Joint Circular;

2. When appointing from the current staff rank to the occupational title of legal aid staff, it is not allowed to combine with increasing salary grade or upgrading the occupational title of staff;

Article 7. Cases of appointment to the occupational title of legal aid staff

Staff who have been appointed to the rank of Legal Aid Assistant according to Article 20 of 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, or have been transferred to the rank of Legal Aid Assistant and Senior Legal Aid Assistant according to Joint Circular No. 23/2011/TTLT-BTP-BNV dated December 8, 2011 of the Minister of Justice and the Minister of Home Affairs guiding the implementation of transferring ranks and salary classification for legal aid staff (hereinafter referred to as Joint Circular No. 23/2011/TTLT-BTP-BNV), now being appointed to the occupational title of legal aid staff as follows:

1. Appointed to the occupational title of Legal Aid Assistant Level II (code V02.01.01) for staff currently holding the rank of Senior Legal Aid Assistant (code 03.289);

2. Appointed to the occupational title of Legal Aid Assistant Level III (code V02.01.02) for staff currently holding the rank of Legal Aid Assistant (code 03.290);

Article 8. Salary Classification

1. The occupational title of legal aid staff shall apply the Professional and Vocational Salary Scale for officials and staff in state-run units (Scale 3) issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for officials, civil servants, staff, and armed forces (hereinafter referred to as Decree No. 204/2004/NĐ-CP) and Decree No. 17/2013/NĐ-CP dated February 19, 2013 of the Government amending and supplementing some articles of Decree No. 204/2004/NĐ-CP (hereinafter referred to as Decree No. 17/2013/NĐ-CP), specifically as follows:

a) The occupational title of Legal Aid Assistant Level II shall apply the staff salary coefficient type A2, group A2.1 (from salary coefficient 4.40 to salary coefficient 6.78);

b) The occupational title of Legal Aid Assistant Level III shall apply the staff salary scale type A1 (from salary coefficient 2.34 to salary coefficient 4.98);

2. The salary classification into the occupational title of staff according to the provisions of Clause 1 of this Article for staff who have been classified into ranks according to Circular No. 06/2010/TT-BNV dated July 26, 2010 of the Minister of Home Affairs stipulating the occupational titles, codes of legal aid staff ranks (hereinafter referred to as Circular No. 06/2010/TT-BNV), Decree No. 204/2004/NĐ-CP and Decree No. 17/2013/NĐ-CP, shall be implemented as follows:

In the case where staff meet the conditions for appointment to the occupational title and have the same salary grade coefficient as the old rank, the new occupational title will be classified at the same salary grade and percentage (percent) of seniority allowance exceeding the ceiling (if any) currently enjoyed at the old rank (including the time for the next salary grade increase review or seniority allowance exceeding the ceiling if any at the old rank) into the newly appointed occupational title;

3. After promotion, staff who have been appointed to the occupational title according to this Joint Circular shall be classified according to the guidance at Clause 1 Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Minister of Home Affairs guiding salary classification when upgrading ranks, changing ranks, and changing types of officials and staff;

Chapter IV

IMPLEMENTING PROVISIONS

Article 9. Transitional Provisions

1. For staff currently working at State Legal Aid Centers and currently holding the rank of Senior Specialist (code 01.001) or equivalent, they continue to hold their current rank;

2. In the case where staff have been appointed to the ranks of Legal Aid Assistants stipulated in Circular No. 06/2010/TT-BNV, now being appointed to the occupational title of legal aid staff stipulated in this Joint Circular, the agency with authority to manage and use staff has the responsibility to assign staff to attend training courses to supplement the missing criteria of the newly appointed occupational title.

Article 10. Effective Date

1. This Circular shall take effect from August 8, 2016.

2. This Circular replaces Circular No. 06/2010/TT-BNV, Circular No. 15/2010/TT-BTP dated October 4, 2010 of the Minister of Justice on the criteria for the qualifications of Legal Assistant civil servants and Joint Circular No. 23/2011/TTLT-BTP-BNV.

Article 11. Implementation Organization

1. This Joint Circular serves as the basis for implementing the recruitment, utilization, and management of Legal Assistant civil servants.

2. The head of a public service unit directly managing and utilizing Legal Assistant civil servants shall be responsible for:

a) Reviewing job positions within the unit, developing plans to appoint occupational titles of Legal Assistant civil servants to submit to the competent authority for examination and decision-making or to decide according to the delegated authority;

b) Deciding to appoint occupational titles of Legal Assistant civil servants corresponding to public service units according to the authority or delegated authority after the appointment plan has been approved by the competent authority;

c) Reporting the implementation results to the superior management agency for monitoring.

3. The Ministry of Justice, People's Committees of provinces and centrally governed cities shall be responsible for:

a) Directing subordinate units under their management to implement the appointment of occupational titles and salary grading for Legal Assistant civil servants;

b) Approving plans to appoint occupational titles and salary grading for Legal Assistant civil servants under their management transitioning from current civil servant ranks to corresponding occupational titles of Legal Assistant civil servants as stipulated in this Joint Circular; resolving issues arising during the process of appointing occupational titles and salary grading according to their authority;

c) Deciding or delegating decisions on the appointment of occupational titles and salary grading for Legal Assistant civil servants under their management to corresponding Legal Assistant positions in subordinate units;

d) Annually, the Ministry of Justice shall report to the Ministry of Home Affairs; People's Committees of provinces and centrally governed cities shall report to the Ministry of Justice and the Ministry of Home Affairs on the results of appointing occupational titles and salary grading for Legal Assistant civil servants under their management.

Article 12. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and related agencies, organizations, and individuals shall be responsible for enforcing the provisions of this Joint Circular.

2. In case of difficulties during implementation, they are advised to reflect these issues to the Ministry of Justice and the Ministry of Home Affairs for consideration and resolution./.