Circular No. 09/2018/TT-BTP stipulates criteria for determining complex and typical legal aid cases in litigation fields and representation outside litigation. This document applies to State Legal Aid Centers of provinces/cities and Departments of Justice.
适用范围
[State Legal Aid Centers of provinces/cities directly under the Central Government; Departments of Justice and related agencies, organizations, and individuals]
要点
- A litigation case is determined to be complex when it attracts public attention (Article 3.1).
- Criminal legal aid is provided in complex criminal cases if the defendant is charged with multiple offenses in the same case (Article 4.2).
- A civil litigation case is considered complex when legal provisions are unclear or there is no direct regulatory document (Article 5.2).
- Administrative legal aid is provided if the case involves the interests of many people or is prolonged concerning land management and land clearance (Article 6.3-4).
- An out-of-court representation case is considered complex when the complaint is protracted and receives special public attention (Article 7.1).
🌐 本文件的社会影响
- Enhance the effectiveness of legal aid for citizens in complex and typical cases.
- Judicial agencies have additional grounds to promptly identify and support necessary cases.
- The person receiving legal aid may receive better support from the legal system.
❓ 常见问题
Which litigation case is considered complex?
Litigation cases that attract public attention, involve conflicting evidence, or relate to various areas of law are considered complex.
Which criminal case is considered complex?
A criminal case is considered complex if the defendant is charged with multiple offenses in the same case or if the trial preparation period is extended.
Which civil litigation case is considered complex?
A civil litigation case is considered complex if legal provisions are unclear or if the case falls within the jurisdiction of a lower court but is taken up by a higher court for resolution.
Which administrative litigation case is considered complex?
An administrative litigation case is considered complex if it involves the interests of many people or is prolonged concerning land management and land clearance.
Which out-of-court representation case is considered complex?
An out-of-court representation case is considered complex if the complaint is protracted and receives special public attention.
全文
CIRCULAR
Regulations on Criteria for Determining Complex and Typical Legal Aid Cases
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Pursuant to the Legal Aid Law dated June 20, 2017;
Pursuant to Decree No. 144/2017/NĐ-CP dated December 15, 2017, of the Government detailing certain provisions of the Legal Aid Law;
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;
Pursuant to Decision No. 32/2016/QĐ-TTg dated August 8, 2016 of the Government Chairman on legal aid policies for the poor, ethnic minorities in poor districts, communes, villages, and extremely difficult hamlets during the period 2016-2020, and support for complex or typical litigation cases;
At the proposal of the Director of the Legal Aid Agency;
The Minister of Justice issues this Circular on criteria for determining complex and typical legal aid cases.
Article 1. Scope of Regulation
This Circular stipulates the criteria for determining litigation participation, representation outside litigation, and legal consultation activities in legal aid that are considered complex and typical legal aid cases.
Article 2. Applicability
This Circular applies to the following subjects:
1. National Legal Aid Centers of provinces and centrally governed cities.
2. Departments of Justice and related agencies and individuals.
Article 3. General Criteria for Litigation Participation Cases
1. Providing legal aid in cases that attract public attention and are reported by central or local media outlets.
2. Cases where the legal aid provider's viewpoint differs from one of the judicial organs and is accepted in favor of the beneficiary in the judgment or decision.
3. Providing legal aid in cases involving numerous documents, conflicting evidence, differing opinions on evidence evaluation and legal application by judicial organs, or cases involving multiple areas of law.
4. Providing legal aid in cases appealed for retrial under appellate procedures or in cases being retried.
5. Providing legal aid in cases involving multiple provinces or centrally governed cities.
6. Providing legal aid in cases where one of the parties resides, studies, or works abroad.
Article 4. Criteria for Criminal Litigation Participation Cases
A criminal litigation legal aid case is determined to be a complex and typical legal aid case if it meets any of the following criteria:
1. Meeting any of the criteria specified in Article 3 of this Circular.
2. Providing legal aid to defendants charged with multiple offenses in the same case.
3. Providing legal aid in cases within the jurisdiction of lower-level judicial organs but taken up by higher-level judicial organs for resolution or providing legal aid in cases requiring an extension of the trial preparation period.
4. Providing legal aid in cases returned for further investigation or supplementary investigation.
5. Providing legal aid in cases where the People's Procuracy recommends imprisonment sentences of two years or more, except for expedited procedure cases.
6. Providing legal aid in cases where defense counsel is appointed.
Article 5. Criteria for Civil Litigation Participation Cases
A civil litigation legal aid case, excluding minor civil cases and expedited procedure cases, is determined to be a complex and typical legal aid case if it meets any of the following criteria:
1. Meeting any of the criteria specified in Article 3 of this Circular.
2. Providing legal aid in cases where legal provisions regarding issues to be resolved in the case are unclear, not uniformly applied, or not directly regulated by legal norms.
3. Providing legal aid in cases within the jurisdiction of lower-level People's Courts but taken up by higher-level People's Courts for resolution or providing legal aid in cases requiring an extension of the trial preparation period.
Article 6. Criteria for administrative litigation participation cases
Administrative litigation participation legal aid cases, except those resolved through simplified procedures, are determined to be complex and typical legal aid cases when meeting one of the following criteria:
1. Meeting any of the criteria specified in Article 3 of this Circular.
2. Providing legal aid in cases arising in new fields not directly regulated by legal normative documents.
3. Providing legal aid in cases involving the rights and interests of many people.
4. Providing legal aid in prolonged complaints and denunciations regarding land management, compensation for land clearance, or other areas of law at the local level.
Article 7. Criteria for out-of-court representation and legal consultation cases
Legal aid out-of-court representation and legal consultation cases are determined to be complex and typical legal aid cases when meeting one of the following criteria:
1. Providing legal aid in prolonged complaints that have received special public attention, reported by central or local news agencies, or in cases where the legal aid implementing organization has recommended issues related to the case to relevant authorities and organizations.
2. Providing legal aid in cases that have been resolved multiple times or by several competent authorities.
Article 8. Effective Date
1. This Circular takes effect from August 21, 2018.
2. For determining the complexity or typical nature of litigation participation cases in legal aid activities for cases completed before this Circular takes effect, the criteria set forth in Decision No. 2662/QĐ-BTP dated December 29, 2016 of the Minister of Justice on the issuance of criteria for determining complex or typical litigation participation cases in legal aid activities in 2016 and 2017 shall apply.
Article 9. Responsibility for implementation
1. The Director of the Legal Aid Agency, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of State Legal Aid Centers in provinces and centrally-administered cities, and related agencies, organizations, and individuals are responsible for implementing this Circular.
2. Provincial Departments of Justice and State Legal Aid Centers are responsible for the accuracy of applying the criteria stipulated in this Circular.
3. In the course of implementation, if any difficulties or inconsistencies arise, they should be promptly reported to the Ministry of Justice for study and resolution./.
DEPUTY MINISTER
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