Circular No. 09/2024/TT-BTP stipulates the criteria and conditions for considering promotion to the rank of legal aid assistant professional title.

CIRCULAR

Regulations on standards and conditions regarding promotion to higher rank titles

of legal aid assistant civil servants

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

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Based on the proposal of the Director of the Cadre and Civil Servant Department;

Pursuant to Decree No. 85/2023/NĐ-CP dated December 7, 2023 of the Government amending and supplementing certain articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, utilization, and management of civil servants;

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. 98/2022/NĐ-CP dated November 29, 2022 of the Government stipulating 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 stipulating standards and conditions for promotion to higher ranks of the profession of Judicial Records. conditions for considering promotion to higher rank titles of legal aid assistant civil servants.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the standards and conditions for considering promotion to the occupational title of legal aid assistant staff from Level III to Level II and from Level II to Level I.

Other regulations concerning the consideration for promotion to higher rank titles of legal aid assistant civil servants shall be implemented in accordance with the provisions of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants (hereinafter referred to as Decree No. 115/2020/NĐ-CP), Decree No. 85/2023/NĐ-CP dated December 7, 2023 of the Government amending and supplementing certain articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, utilization, and management of civil servants (hereinafter referred to as Decree No. 85/2023/NĐ-CP), and Circular No. 06/2020/TT-BNV dated December 2, 2020 of the Minister of Home Affairs promulgating the Regulation on organizing examinations and selections for civil servants and public officials, examinations for promotion to higher ranks of civil servants, and examinations or considerations for promotion to higher rank titles of civil servants; Examination and selection rules for civil servants and public officials, examinations for promotion to higher ranks of civil servants, and examinations or considerations for promotion to higher rank titles of civil servants.

2. This Circular applies to legal aid assistant civil servants participating in the consideration for promotion to higher rank titles of legal aid assistant civil servants; relevant agencies, organizations, and individuals involved in the consideration for promotion to higher rank titles of legal aid assistant civil servants.

Article 2. Standards and Conditions for Registration to Participate in the Examination for Promotion to the Occupational Title of Legal Aid Assistant Staff at Level I

Legal aid assistant staff registering to participate in the examination for promotion from Level II to Level I must meet the following standards and conditions:

1. Currently holding the rank title of legal aid assistant civil servant grade II and meeting the qualification standards for training and professional development of legal aid assistant civil servants as prescribed in Article 4 of Circular No. 05/2022/TT-BTP dated September 5, 2022 of the Minister of Justice stipulating job code, qualification standards, and salary grading for legal aid assistant civil servants (hereinafter referred to as Circular No. 05/2022/TT-BTP).

2. Professional capacity standards as prescribed in Clause 2, Article 5 of Circular No. 05/2022/TT-BTP.

3. Standards and conditions as prescribed in Point a, Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP (amended according to Clause 16, Article 1 of Decree No. 85/2023/NĐ-CP).

Article 3. Criteria and Conditions for Registering to be Considered for Promotion to the Rank of Legal Aid Assistant Level II

A legal aid assistant who registers to be considered for promotion from Level III to Level II must meet the following criteria and conditions:

1. Currently holding the rank title of legal aid assistant civil servant grade III and meeting the qualification standards for training and professional development of legal aid assistant civil servants as prescribed in Article 4 of Circular No. 05/2022/TT-BTP.

2. Professional competence standards as prescribed in Clause 2, Article 6 of Circular No. 05/2022/TT-BTP.

3. Standards and conditions as prescribed in Point a, Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP (amended according to Clause 16, Article 1 of Decree No. 85/2023/NĐ-CP).

Article 4. Documents and Materials in the Application File for Promotion to the Rank of Legal Aid Assistant

1. The documents and materials in the application file for promotion to the rank of legal aid assistant include:

a) Curriculum vitae of the civil servant as prescribed in Clause 1, Article 36 of Decree No. 115/2020/NĐ-CP (amended according to point c, Clause 38, Article 1 of Decree No. 85/2023/NĐ-CP);

b) The assessment and evaluation report of the head of the public service unit employing the civil servant or the head of the agency authorized to manage the public service unit according to Clause 2, Article 36 of Decree No. 115/2020/NĐ-CP (amended according to Point c, Clause 38, Article 1 of Decree No. 85/2023/NĐ-CP) in Form No. 01-TP-TGPL issued together with this Circular;

c) A confirmation document of successful participation in litigation cases as prescribed in Point d, Clause 2, Article 5 or Point d, Clause 2, Article 6 of Circular No. 05/2022/TT-BTP;

d) A copy of the recruitment decision and the appointment decision to the position of legal aid assistant;

đ) Copies of certificates and diplomas as required:

In the case of considering promotion to the rank title of legal aid assistant civil servant grade I, it shall be carried out in accordance with the provisions of Article 4 and Point e, Clause 2, Article 5 of Circular No. 05/2022/TT-BTP;

In the case of considering promotion to the rank title of legal aid assistant civil servant grade II, it shall be carried out in accordance with the provisions of Article 4 and Point e, Clause 2, Article 6 of Circular No. 05/2022/TT-BTP;

e) Copies of commendation decisions by competent authorities (if any).

2. Agencies and units nominating civil servants for consideration for promotion to higher rank titles of legal aid assistant civil servants shall submit a list of civil servants meeting the qualifications and conditions for registration to participate in the consideration for promotion to higher rank titles along with the required documents and materials as prescribed in Clause 1 of this Article to the competent authority organizing the consideration for promotion to higher rank titles.

The Department of Justice shall send a letter requesting the Legal Aid Agency to confirm successful participation in litigation cases and provide copies of the litigation case files including the required documents as prescribed in Clause 2, Article 11 of Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain activities of legal aid services and quality management of legal aid cases.

Within fifteen days from the date of receipt of the request for confirmation of successful participation in litigation cases from the Department of Justice, the Legal Aid Agency shall carry out the confirmation of successful participation in litigation cases according to Form No. 02-TP-TGPL issued together with this Circular.

In case of non-compliance with the requirements, the Legal Aid Agency shall respond in writing and specify the reasons.

Article 6. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect from November 1, 2024.

2. In cases where the regulatory legal documents referred to in this Circular are amended, supplemented, or replaced, implementation shall be carried out according to the amended, supplemented, or replacing regulatory legal documents.

3. Heads of units under the Ministry, Chairpersons of People's Committees of provinces and centrally-administered cities, Directors of Departments of Justice, Directors of State Legal Aid Centers of provinces and centrally-administered cities, and relevant agencies, organizations, and individuals shall be responsible for implementing and organizing the implementation of this Circular./.