Circular No. 08/2017/TT-BTP detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities.

CIRCULAR

Detailed provisions on certain articles of the Legal Aid Law

and guiding documents in legal aid activities

-----------------------

Pursuant to the Legal Aid Law dated June 20, 2017;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Legal Aid Agency;

The Minister of Justice issues this Circular detailing certain articles of the Legal Aid Law and guiding documents in legal aid activities.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation contracts for legal aid; registration to participate in legal aid implementation; probation, examination of probation results for legal aid, and guiding documents in legal aid activities.

Article 2. Applicability

This Circular applies to the following subjects:

1. Legal aid officers, legal aid volunteers, lawyers, legal advisors providing legal aid.

2. Probationers for legal aid.

3. Persons receiving legal aid.

4. Law firms, legal advisory organizations participating in legal aid.

5. State Legal Aid Centers, Departments of Justice and other relevant agencies, organizations, and individuals.

Chapter II
CONTRACT FOR IMPLEMENTATION OF LEGAL AID

Section 1
CHOICE AND SIGNING OF CONTRACT WITH LAWYERS;

SIGNING CONTRACT WITH LEGAL AID VOLUNTEERS

Article 3. Determining the number of expected lawyer contracts

Based on the legal aid resources at the local level, the State Legal Aid Center (hereinafter referred to as the Center) evaluates its capacity to meet legal aid needs based on the results of legal aid cases from the previous year, the number of legal aid officers, the number of signed lawyer contracts, the number of cases adjudicated in the previous year, the total number of people receiving legal aid, changes in the local population, and other factors affecting legal aid work locally to predict the number of lawyer contracts for implementing legal aid (hereinafter referred to as lawyers).

Article 4. Evaluation Committee for Lawyer Selection

1. The Director of the Center decides to establish the Evaluation Committee for Lawyer Selection (hereinafter referred to as the Evaluation Committee), consisting of three to five members who have legal knowledge and understand legal aid operations, including a representative of the local Bar Association. The head of the Evaluation Committee for Lawyers is a Center leader.

a) Developing methods, criteria, and scoring scales for evaluating lawyer selection files to be submitted to the Center Director for decision;

b) Drafting the announcement for lawyer selection;

c) Evaluating lawyer selection files and being responsible for the evaluation results and selection outcomes.

3. Members of the Evaluation Committee for Lawyers are responsible for:

a) Evaluating and personally bearing responsibility for their evaluation results;

b) Being independent, impartial, honest, and keeping confidential information related to their tasks;

c) Performing other tasks assigned by the Committee Head.

Article 5. Announcement for Lawyer Selection

1. The announcement for lawyer selection includes the following contents:

a) The number of lawyers expected to be selected;

b) Conditions for signing contracts to implement legal aid as stipulated in Clause 3 and Clause 5 of Article 14 of the Legal Aid Law; methods, criteria, and scoring scales for evaluation;

c) Requirements for documents as stipulated in Article 6 of this Circular;

đ) Draft of the contract for implementing legal aid;

e) Other requirements (if any).

2. The announcement for lawyer selection must be published for a minimum of five working days on the website of the local Department of Justice.

Article 6. Documents for selecting lawyers

a) A request to participate in the selection of contracts for providing legal aid, confirmed by the lawyer's practicing organization where they work or the agency or organization that the lawyer has signed a labor contract with, agreeing to allow the lawyer to participate in signing legal aid implementation contracts;

b) A copy of the lawyer's license card;

c) An introduction about the lawyer's practice history, litigation cases participated in, and experience in providing legal aid;

d) Other documents as announced in the lawyer selection notice (if any).

2. Lawyers are responsible for the accuracy of the information provided.

Article 7. Evaluation of documents and signing contracts with lawyers

2. The evaluation process consists of two steps, including:

Step 1: Evaluate the validity of the documents. Use pass or fail criteria for evaluation. Documents submitted fully and on time will be evaluated as meeting requirements under Clause 1, Article 6 of this Circular and will proceed to Step 2.

Step 2: Evaluate the level of satisfaction of legal aid needs. Use a scoring method on a scale of 100 points for evaluation, specifying minimum and maximum scores for each criterion. The final score is the average of the scores given by members of the Lawyer Evaluation Team and ranked from highest to lowest. In case two or more lawyers have the same score, the Head of the Lawyer Evaluation Team shall decide.

3. The Head of the Lawyer Evaluation Team is responsible for compiling the evaluation results of the team members and ranking them from highest to lowest according to the scores achieved. The compilation table of evaluation results must be signed by all members.

Within thirty days from the issuance of the card, legal aid collaborators are responsible for coming to the Center to sign a contract for implementing legal aid, except for valid reasons.

Section 2
SELECTION AND SIGNING OF CONTRACTS

WITH LAW PRACTICE ORGANIZATIONS, LEGAL ADVICE ORGANIZATIONS

Article 9. Determining the number of organizations expected to sign contracts

Based on the actual situation of the locality, the Department of Justice evaluates the capacity of the Center to meet legal aid needs based on the results of legal aid cases implemented in the previous year, the number of legal aid officers, the number of lawyers contracted, other resources of the Center, the results of legal aid implementation by participating organizations, the number of cases adjudicated in the previous year, the total number of people receiving legal aid, changes in the local population, and other contents affecting legal aid work in the locality to predict the number of organizations expected to sign contracts for implementing legal aid (hereinafter referred to as organizations).

Article 10. Evaluation Committee for Selection of Organizations

1. The Director of the Department of Justice decides to establish the Evaluation Committee for Selection of Organizations (hereinafter referred to as the Organization Evaluation Committee) consisting of three to five members who have legal knowledge and understand legal aid activities. Members of the Organization Evaluation Committee include:

a) The leader of the Department of Justice as the Head of the Committee;

b) The leader of the Center and other members, including a representative of the local Bar Association, decided by the Director of the Department of Justice.

2. The Organization Evaluation Committee and its members shall bear responsibilities similar to those stipulated in Clause 2 and Clause 3 of Article 4 of this Circular, and shall be accountable to the Director of the Department of Justice for their evaluation work.

Article 11. Announcement of Organization Selection

1. The announcement of organization selection shall include the following contents:

a) The number of organizations practicing as lawyers and legal advisory organizations expected to be selected;

b) Conditions for signing contracts to implement legal aid as prescribed in Clause 2 and Clause 5 of Article 14 of the Legal Aid Law; methods, criteria, and scoring scales for evaluating applications;

c) Requirements for application documents as prescribed in Article 12 of this Circular;

d) Contents prescribed in Points d, đ, and e of Clause 1 of Article 5 of this Circular.

2. The announcement of organization selection must be published on the website of the local Department of Justice for a minimum of five working days.

Article 12. Application Documents for Organization Selection

a) A request to participate in the selection process for signing contracts to implement legal aid;

b) A copy of the registration certificate for operation;

c) An introduction to the organization and its activities, including the number of lawyers and legal advisors working at the organization (accompanied by copies of lawyer cards and legal advisor cards), cases participated in litigation, experience in providing legal aid, infrastructure, and other relevant information;

d) Other documents as required in the announcement of organization selection (if applicable).

2. The organization shall be responsible for the accuracy of the provided information.

Article 13. Evaluation of Application Documents and Contract Signing with Organizations

1. The evaluation of application documents shall be conducted similarly to the provisions of Clause 1 and Clause 2 of Article 7 of this Circular. The Head of the Organization Evaluation Committee shall be responsible for compiling the evaluation results as stipulated in Clause 3 of Article 7 of this Circular.

Section 3
CONTRACT FOR IMPLEMENTATION OF LEGAL AID

Article 14. Content of the Contract

The contract shall include the following basic contents:

1. Object, scope, form, and field of legal aid.

2. Responsibilities of both parties in implementing the contract.

3. Duration of the contract.

4. Remuneration and costs for handling legal aid cases.

5. Amendments, supplements, termination of the contract.

6. Dispute resolution mechanism and liability for breach of contract.

7. Other agreements (if any).

Article 15. Duration of the Contract

1. The duration of the contract shall be agreed upon by the parties but shall not exceed three years from the date of signing the contract.

2. Upon expiration of the contract's implementation period, the Department of Justice and the Center may extend the contract based on local legal aid needs and the quality of legal aid services provided, without having to go through the selection procedures stipulated in this Circular. The contract can be extended once, for no more than three years. Any extension of the contract must be documented in writing.

Article 16. Implementation of the Contract

1. Legal aid organizations, lawyers, and legal aid volunteers who sign contracts to provide legal aid (hereinafter referred to as organizations and individuals) shall undertake cases assigned by the Department of Justice and the Center or directly accept requests for legal aid cases.

Article 17. Termination of the Contract

1. The legal aid implementation contract terminates in the following cases:

a) The parties agree to terminate before the expiration date;

b) Upon expiration of the contract's implementation period;

c) The organization falls under the circumstances for terminating legal aid implementation as prescribed in points a, c, and d, Clause 1, Article 16 of the Legal Aid Law; the individual signing the contract falls under the circumstances for not being allowed to continue providing legal aid as prescribed in point b, Clause 1, Article 25 of the Legal Aid Law;

d) The organization or individual violates Clause 1, Article 6 of the Legal Aid Law;

đ) Seriously violating rights and obligations stipulated in the contract, causing damage to the person receiving legal aid;

f) Other cases as prescribed by law.

4. After termination of the contract, the organization or individual remains responsible for the legal aid work already performed.

Article 18. Inspection and Supervision of Contract Implementation

1. The Department of Justice is responsible for:

a) Inspecting compliance with legal provisions on legal aid and the contract by organizations and individuals signing the contract;

b) Publishing a list of organizations and individuals signing the contract as stipulated in Clause 2, Article 10 and Clause 2, Article 17 of the Legal Aid Law;

c) Awarding commendations or recommending relevant state authorities to award commendations when organizations and individuals signing the contract achieve notable results or make positive contributions to legal aid work in accordance with the law;

d) Handling violations or recommending competent authorities to handle violations by organizations and individuals signing the contract in accordance with the law.

2. The Center is responsible for inspecting compliance with legal provisions on legal aid and the contract by individuals signing the contract.

Chapter III
REGISTRATION TO PARTICIPATE IN LEGAL AID IMPLEMENTATION

Article 19. Procedures for Registering to Participate in Legal Aid

1. Organizations practicing as lawyers and legal counseling organizations that meet the conditions for registering to participate in legal aid as stipulated in Clause 1 of Article 15 of the Legal Aid Law shall submit directly or send via postal service, fax, or electronic form one set of application documents to the Department of Justice where they have been issued the Business Registration Certificate.

The application documents for registering to participate in legal aid include:

a) A request to participate in legal aid according to the model issued together with this Circular (Model TP-TGPL-01);

b) A list of lawyers and legal counselors who meet the conditions for implementing legal aid (Model TP-TGPL-02);

c) Copies of lawyer cards and legal counselor cards.

2. Within seven days from the date of receiving valid registration applications, the Department of Justice shall examine the documents and issue a Legal Aid Participation Registration Certificate according to the model issued together with this Circular (Model TP-TGPL-03) to organizations that meet the conditions for participation and notify the Center for coordination in implementation. In cases of refusal, the reasons must be clearly stated in writing. Legal aid services commence from the date of issuance of the Legal Aid Participation Registration Certificate.

3. Within three working days from the date of issuance of the Legal Aid Participation Registration Certificate, the Department of Justice shall publish a list of participating organizations and individuals providing legal aid at the local level as stipulated in Clause 2 of Article 10 and Clause 2 of Article 17 of the Legal Aid Law.

In case of changes in the personnel providing legal aid, the organization participating in legal aid must submit a written notification for the Department of Justice to review and update the list of local legal aid providers and inform the Ministry of Justice.

4. There is no fee required for registering to participate in legal aid.

Article 20. Changes to the Content of the Legal Aid Participation Registration Certificate

2. Within five working days from the date of receiving valid application documents, the Department of Justice shall update the changed content in the previously issued Legal Aid Participation Registration Certificate. In cases of refusal, the reasons must be clearly stated in writing. Changing the content of the Legal Aid Participation Registration Certificate does not require payment of a fee.

3. Within three working days from the date of updating the changed content in the Legal Aid Participation Registration Certificate, the Department of Justice shall announce the updated content on its official website and notify the Ministry of Justice.

Article 21. Reissuing the Legal Aid Participation Registration Certificate

1. In case the Legal Aid Participation Registration Certificate is lost or damaged and cannot be used, the organization participating in legal aid shall submit directly or send via postal service, fax, or electronic form a request for reissuance of the Legal Aid Participation Registration Certificate according to the model issued together with this Circular (Model TP-TGPL-05) to the Department of Justice for reissuance.

2. Within five working days from the date of receiving the request, the Department of Justice shall reissue the Legal Aid Participation Registration Certificate to the organization participating in legal aid. The reissued certificate retains the original number but the issuance date noted on the certificate is the date of reissuance. Reissuing the Legal Aid Participation Registration Certificate does not require payment of a fee.

Article 22. Termination of Participation in Legal Aid

An organization that has registered to participate in legal aid and terminates its participation according to Clause 2, Article 16 of the Legal Aid Law shall be responsible for transferring incomplete case files to the organization designated by the Department of Justice to continue providing legal aid. The procedure for terminating participation in legal aid shall be carried out as follows:

2. In cases where termination is stipulated under Points a, c, and d, Clause 2, Article 16 of the Legal Aid Law, the organization that has registered to participate in legal aid shall have its Registration Certificate for Participation in Legal Aid revoked. The revocation process shall be carried out as follows:

a) Within seven days from the date of discovering that the organization that has registered to participate in legal aid falls under one of the situations specified in Points a, c, and d, Clause 2, Article 16 of the Legal Aid Law, the unit entrusted with state management of legal aid by the Department of Justice shall prepare a file to request the Director of the Department of Justice to decide on the revocation of the Registration Certificate for Participation in Legal Aid. The file includes: a draft decision on revocation by the Director of the Department of Justice; a record or document proving that the organization that has registered for legal aid falls under one of the situations specified in Points a, c, and d, Clause 2, Article 16 of the Legal Aid Law;

b) Within five working days from the date of receiving a valid file, the Director of the Department of Justice shall issue a decision to revoke the Registration Certificate for Participation in Legal Aid according to the form issued together with this Circular (Form TP-TGPL-06).

3. Within three working days from the date of receiving a valid file as stipulated in Clause 1 of this Article or the revocation of the Registration Certificate for Participation in Legal Aid as stipulated in Clause 2 of this Article, the Department of Justice shall announce the termination of participation in legal aid, post it on the Department's electronic information website, and notify the Ministry of Justice.

Chapter IV
TRAINING AND MONITORING THE RESULTS OF LEGAL AID TRAINING

Section 1
LEGAL AID TRAINING

Article 23. Trainee for Legal Aid

A staff member working at the Center who holds a certificate of completion of lawyer training or is exempted from lawyer training according to the law on lawyers may apply for legal aid training at the Center.

Article 24. Responsibilities of the Center, Trainee, and Trainer for Legal Aid Training

1. Within three working days from the date of receiving the application, the Center shall decide to assign a legal aid officer who meets the conditions stipulated in Clause 1, Article 20 of the Legal Aid Law (hereinafter referred to as the trainer) to guide the trainee for legal aid training (hereinafter referred to as the trainee). If the application is rejected, the Center must notify in writing and specify the reasons.

2. The trainee shall be guided by the trainer in professional activities according to Clause 2, Article 20 of the Legal Aid Law; shall be responsible for complying with legal aid operation regulations, internal rules, and regulations of the place where legal aid is provided; shall be accountable to the trainer and the Center for the results and progress of assigned tasks. At the end of the training period, the trainee must submit a report on the training results.

3. The trainer shall be responsible for supervising and checking the work assigned to the trainee; shall provide comments on the trainee's report on training results.

1. The duration of legal aid internship (hereinafter referred to as the internship period) shall be calculated from the date of issuance of the decision assigning the supervisor for the internship. A person who meets the conditions to have two-thirds of the lawyer practice internship period reduced according to the Lawyers Law shall have an internship period of four months; a person who meets the conditions to have half of the lawyer practice internship period reduced according to the Lawyers Law shall have an internship period of six months.

In case there is a change in the internship location, the internship period shall continue to be calculated from the date the Center at the new location issues the decision assigning the supervisor for the internship. The internship period shall be the total internship period of that person at various Centers where they worked.

2. A person exempted from lawyer practice internship according to the laws on lawyers shall be exempted from legal aid internship.

Article 26. Change of Legal Aid Internship Location

1. When changing work to another Center in a different locality, the intern must submit a written request accompanied by a report on the internship results with comments from the internship supervisor to the Center where they are currently working.

2. Within three working days from the date of receiving the request as stipulated in Clause 1 of this Article, the Center where the intern is currently working shall send a written notice to the Center where the intern will transfer to, specifying the time spent interning, and the number of times the internship was temporarily suspended (if any).

Article 27. Suspension of Legal Aid Internship

1. During the internship period, the intern may suspend the internship but must notify the Center in writing where they are currently working.

2. An intern with a twelve-month internship period may suspend the internship up to two times, each not exceeding six months; an intern with a six-month internship period may suspend the internship once, not exceeding six months.

3. The suspension period shall not be counted towards the internship period. The internship period before the suspension period shall be included in the total internship period.

Section 2
INSPECTION OF LEGAL AID INTERNSHIP RESULTS

Article 28. Organization of Inspection

1. When there is a need to inspect the results of legal aid internship, the Department of Justice sends a written request to the Ministry of Justice along with a list and dossier of persons meeting the conditions to participate in the inspection of legal aid internship results.

2. The Ministry of Justice shall organize the inspection of legal aid internship results no more than twice a year. The inspection plan, list of eligible participants, time, and place of the inspection shall be announced at least one month before the inspection date and published on the Ministry of Justice's electronic portal.

Article 29. Principles, Content, and Form of Inspection

1. The inspection of legal aid internship results must be conducted seriously, openly, fairly, objectively, truthfully, and in accordance with the provisions of the law.

2. The content of the inspection includes: knowledge of laws in criminal, civil, administrative, and legal aid fields; skills in handling legal aid cases.

3. The form of inspection includes written examination and practical examination.

b) Practical examination: Candidates prepare a solution for one litigation participation case and submit it to the inspection board no later than ten days before the examination date. At the practical examination session, candidates present their prepared solutions and answer questions posed by members of the inspection board.

Article 30. Examination Board

1. The Examination Board for the results of legal aid internship (hereinafter referred to as the Examination Board) shall be established by the Minister of Justice based on the proposal of the Director of the Legal Aid Agency. The Examination Board shall use the seal of the Ministry of Justice to perform its tasks as prescribed.

2. The Examination Board shall consist of from seven to nine members including: the Chairman of the Examination Board being the Leader of the Legal Aid Agency; other members being representatives of some units under the Ministry of Justice, representatives of the Vietnam Bar Federation, some reputable lawyers and legal aid officers.

3. Supporting the Examination Board is the Secretariat, Question Setting Committee, Supervision Committee, Sealing Committee, Written Exam Marking Committee, and Re-examination Committee, all established by the Chairman of the Examination Board (hereinafter referred to as the Committees of the Examination Board).

Article 31. Examination Scoring

1. Each written examination paper shall be marked independently by two members of the Written Exam Marking Committee according to a scale of 100 points. The score for the written examination paper is the average of the scores given by the two members. In case the scores given by the two members differ by twenty points or more, the Head of the Written Exam Marking Committee shall organize a third marking of the examination paper, with the score from this third marking being the official score for the examination paper.

2. Practical examination shall be marked independently by members of the Examination Board according to a scale of 100 points. The score for the practical examination is the average of the scores given by the members of the Examination Board. The Examination Board shall organize the marking of written examination papers and announce the scores of the examination papers to the candidates, and simultaneously publish them on the Ministry of Justice's electronic portal.

3. Within fifteen days from the date of announcing the scores, candidates who disagree with the results of the marking of their written examination papers have the right to submit a request for re-examination to the Chairman of the Examination Board. Practical examination papers will not be subject to re-examination.

4. Within five working days from the end of the re-examination period, the Chairman of the Examination Board shall decide to establish the Re-examination Committee and organize the re-examination. The Re-examination Committee shall consist of at least three people, including one Head. Members of the Re-examination Committee shall not be members of the Written Exam Marking Committee.

The method of conducting the re-examination shall be carried out in accordance with Clause 1 of this Article. The result of the re-examination must be approved by the Chairman of the Examination Board and shall be the final result.

Within three working days from the completion of the re-examination, the Examination Board shall be responsible for reporting to the Minister of Justice for approval of the examination results before announcing the examination results to the candidates and publishing them on the Ministry of Justice's electronic portal.

Candidates must achieve a score of fifty points or higher in each examination paper to meet the requirements of the examination.

6. Within ten days from the date the examination results are published on the Ministry of Justice's electronic portal, the Chairman of the Examination Board shall issue a Certificate of Examination Results for Legal Aid Internship according to the form issued together with this Circular (Form TP-TGPL-07) to candidates who meet the examination requirements.

Article 32. Examination Costs for Legal Aid Internship Results

Participants in the examination of legal aid internship results are not required to pay registration fees but must cover related costs associated with participating in the examination. The examination organization costs for legal aid internship results are allocated to the Legal Aid Agency in accordance with the State Budget Law.

Chapter V
DOCUMENTS IN LEGAL AID ACTIVITIES

Article 33. Documents Proving Eligibility for Legal Aid

b) Decision awarding the title of Heroic Mother Vietnam, Heroic People's Armed Forces, or Labor Hero during the resistance war;

c) War Resistance Medal, War Resistance Badge, Certificate of Heroic Mother Vietnam, Certificate of Hero, Certificate of Meritorious Service to the Country;

d) Decision on allowance or supplementary allowance issued by the competent authority determining the person as having rendered meritorious service to the revolution in accordance with the laws on preferential treatment for persons who have rendered meritorious service to the revolution;

đ) Decision or certificate of war invalid, person receiving benefits equivalent to war invalids, veteran with illness due to exposure to toxic chemicals, person participating in the resistance war exposed to toxic chemicals;

2. Documents proving eligibility for legal aid as a member of a poor household is a certificate of poverty;

3. Documents proving to be a child include one of the following documents:

b) Document from the judicial authority determining that the person requesting legal aid is a child;

c) Document from the competent authority applying administrative measures or imposing administrative penalties determining that the person requesting legal aid is a child;

4. Documents proving to be a member of an ethnic minority residing in a particularly difficult economic and social condition area include one of the following documents:

a) Legal document issued by the competent authority identifying the person as an ethnic minority and their place of residence;

b) Document from the judicial authority determining that the person requesting legal aid is an ethnic minority and their place of residence;

6. Documents proving to be a defendant belonging to a near-poor household include the following documents:

a) Certificate of near-poor household;

b) Document from the judicial authority determining that the person requesting legal aid is a defendant;

7. Documents proving to be the father, mother, wife, husband, or child of烈士，或者在烈士年幼时抚养烈士的人且经济困难包括以下文件：

a) 近贫户证书或每月享受社会救助金的决定或接收对象进入社会福利院、社会救助机构照顾抚养的决定；

b) 烈士的父亲、母亲、妻子、丈夫、子女或在烈士年幼时抚养烈士的人享受优待补助、抚恤金的决定或烈士家庭证明书、有烈士姓名的国家功勋证书以及与烈士亲属关系的证明文件。

8. 文件证明是遭受二噁英影响并面临经济困难的人包括以下文件：

a) 本条第7款第a项规定的文件；

b) 对抗美援朝战争中受有毒化学物质影响的人的子女给予优待补助的决定或因接触有毒化学物质而患病、畸形、残疾的证明文件。

9. 文件证明是面临经济困难的老年人包括以下文件之一：

a) 每月享受社会救助金的决定；接收对象进入社会福利院、社会救助机构照顾抚养的决定；

b) 近贫户证书附有由有权机关颁发的证明该人是老年人的合法文件。

10. 文件证明是面临经济困难的残疾人包括以下文件之一：

a) 近贫户证书附有有权机关颁发的残疾人证明；

b) 第九条第7款第a项规定的文件。

a) 本条第7款第a项规定的文件；

b) 司法机关出具的证明请求法律援助的人是受害者且年龄在十六至十八岁之间的文件。

12. 文件证明是遭受家庭暴力并面临经济困难的受害者包括以下文件之一：

a) 接收家庭暴力受害者进入社会福利院、社会救助机构的决定；

b) 近贫户证书附有以下一种文件：医疗机构关于因家庭暴力行为导致受伤和治疗情况的确认；禁止施暴者与家庭暴力受害者接触的决定；对实施家庭暴力行为者的行政违法行为进行处罚的决定。

a) 本条第7款第a项规定的文件；

b) 根据《反人口贩卖法》第二十八条规定的确认受害人的文件或资料。

14. 文件证明是面临经济困难的艾滋病患者包括以下文件：

a) 本条第7款第a项规定的文件；

b) 有权机关出具的确认为艾滋病患者的证明文件。

15. 其他由有权机关颁发的合法文件，确定符合法律援助条件的人。

在上述人员遗失相关文件的情况下，必须有颁发该文件的有权机关出具的确认。

Article 34. Forms of Documents in Legal Aid Activities

The following forms of documents are hereby promulgated along with this Circular:

1. Application for Participation in Legal Aid (Form TP-TGPL-01).

2. List of Lawyers and Legal Advisors Eligible to Provide Legal Aid (Form TP-TGPL-02).

3. Registration for Participation in Legal Aid (Form TP-TGPL-03).

4. Application for Modification of Content in the Registration for Participation in Legal Aid (Form TP-TGPL-04).

5. Application for Reissue of the Registration for Participation in Legal Aid (Form TP-TGPL-05).

6. Decision on Revocation of the Registration for Participation in Legal Aid (Form TP-TGPL-06).

7. Certificate of Results of Probationary Period for Legal Aid (Form TP-TGPL-07).

8. Legal Aid Assistant Card (Form TP-TGPL-08).

9. Legal Aid Volunteer Card (Form TP-TGPL-09).

10. Application for Legal Aid Volunteer Status (Form TP-TGPL-10).

11. Application for Reissue of Legal Aid Volunteer Card (Form TP-TGPL-11).

12. Decision on Issuance/Reissuance of Legal Aid Volunteer Card (Form TP-TGPL-12).

13. Decision on Revocation of Legal Aid Volunteer Card (Form TP-TGPL-13).

14. Decision on Assignment of Legal Aid Assistants/Lawyers to Participate in Litigation (Form TP-TGPL-14).

15. Decision on Replacement of Legal Aid Assistants/Lawyers Participating in Litigation (Form TP-TGPL-15).

Chapter VI
IMPLEMENTING PROVISIONS

Article 35. Effective Date

1. This Circular takes effect from January 1, 2018.

2. This Circular replaces Circular No. 07/2012/TT-BTP dated July 30, 2012 issued by the Minister of Justice guiding the activities of legal aid volunteers at the National Legal Aid Center and Decision No. 03/2007/QĐ-BTP dated June 1, 2007 issued by the Minister of Justice regarding the issuance of certain forms used in legal aid activities.

3. Point 4, Section I, Part A of Circular No. 05/2008/TT-BTP dated September 23, 2008 issued by the Ministry of Justice guiding the business operations and state management of legal aid is hereby abolished; Forms No. 01 and No. 02 promulgated along with Circular No. 18/2013/TT-BTP dated November 20, 2013 issued by the Ministry of Justice guiding the calculation of time spent and procedures for payment of costs for legal aid cases are hereby abolished.

Article 36. Responsibility for Implementation

1. The Director of the Legal Aid Administration, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of Centers and other relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

2. During the implementation process, if there are any difficulties, they should promptly report to the Ministry of Justice for study and resolution./.