Joint Circular No. 10/2011/TTLT-BTP-TTCP guiding the implementation of legal aid in the process of lodging complaints against administrative decisions and administrative acts.

JOINT CIRCULAR
Guidelines for providing legal aid in administrative complaints

against administrative decisions and administrative acts

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||| Based on the Legal Aid Law 2006;

Pursuant to the Law on Complaints and Petitions 1998 and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions 2004, 2005;

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 Law on Legal Aid;

Pursuant to Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Petitions and laws amending and supplementing certain provisions of the Law on Complaints and Petitions;

The Ministry of Justice and the Government Inspectorate hereby jointly guide the provision of legal aid in administrative complaints against administrative decisions and administrative acts as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular (hereinafter referred to as the Circular) guides the provision of legal aid to persons eligible for legal aid in administrative complaints against administrative decisions and administrative acts of state administrative agencies and persons with authority within state administrative agencies.

Article 2. Applicability

This Circular applies to the following organizations and individuals:

1. State inspection agencies including: Government Inspectorate; Inspectorates of Ministries, agencies at the ministerial level; Inspectorates of provinces and centrally governed cities; Inspectorates of departments; Inspectorates of districts, towns, and provincial-level cities.

2. State administrative agencies involved in handling complaints including: Ministries, agencies at the ministerial level, agencies under the Government; agencies under Ministries, agencies at the ministerial level, and agencies under the Government; People's Committees at all levels and agencies under the People's Committees of provinces and districts.

3. State agencies managing legal aid and organizations implementing legal aid.

4. Persons eligible for legal aid who request assistance in filing complaints related to their lawful rights and interests.

5. Legal aid providers, lawyers as legal aid cooperators, and lawyers working at organizations implementing legal aid (hereinafter referred to as legal aid implementers).

6. Authorities responsible for resolving complaints within state administrative agencies related to the complaint resolution process.

Chapter II

IMPLEMENTATION OF LEGAL AID IN ADMINISTRATIVE COMPLAINTS AGAINST ADMINISTRATIVE DECISIONS AND ADMINISTRATIVE ACTS

Article 3. Responsibilities of the National Legal Aid Center and its Branches

1. Verify the eligibility of persons receiving legal aid, ensuring that such persons meet the conditions stipulated in Article 10 of the Law on Legal Aid and Clause 2 of Decree No. 07/2007/NĐ-CP dated January 12, 2007.

2. Assign legal aid implementers to provide legal assistance during the complaint process to persons receiving legal aid.

3. Coordinate with state administrative agencies to inspect and evaluate the implementation of legal aid in administrative complaints against administrative decisions and administrative acts by legal aid implementers to ensure compliance with legal aid regulations and complaint laws.

4. Provide to People's Committees at all levels and other state administrative agencies, if necessary:

a) Information sheet on legal aid (persons receiving legal aid; rights and obligations of persons receiving legal aid; procedures for requesting legal aid; contact address and phone number of the National Legal Aid Center and its Branches);

b) Sample application form for legal aid, Legal Aid Information Box, pamphlets on laws, and relevant legal documents on legal aid and disseminate legal aid regulations upon request;

c) Notification of the list of Legal Aid Providers and lawyers as cooperators of the National Legal Aid Center (hereinafter referred to as the Center) and its Branches (hereinafter referred to as Branches) within the local area accompanied by contact addresses and phone numbers so that state administrative agencies can contact them when necessary;

d) Full information on legal aid regulations in cases of amendments and supplements for state administrative agencies.

Article 4. Responsibilities of State Inspection Agencies and Administrative State Agencies

1. State inspection agencies, administrative state agencies, persons with authority in state inspection agencies, and administrative state agencies when handling complaints shall guide complainants or their close relatives or legally authorized representatives if they fall under any of the cases eligible for legal aid as stipulated in Article 2 of Decree No. 07/2007/NĐ-CP dated January 12, 2007 regarding the procedures to request legal aid, contact addresses, or lists of individuals providing legal aid from local legal aid organizations.

These agencies and persons with authority in state inspection agencies and administrative state agencies are responsible for ensuring and creating conditions for legal aid providers to assist complainants with legal matters according to regulations during the complaint process.

2. If violations of the law by legal aid providers are discovered during the complaint resolution process, state agencies and persons with authority in state inspection agencies and administrative state agencies shall handle them in accordance with the law and notify the Center, Branches, and other legal aid organizations to address the issue within their jurisdiction and change the legal aid provider.

3. State inspection agencies, People's Committees at all levels, and other administrative state agencies requested to cooperate have the responsibility to:

a) Publicly post a Legal Aid Information Board at their reception areas;

b) Place a Legal Aid Mailbox to distribute free legal information pamphlets, sample complaint request forms, and related legal documents on legal aid at their reception areas so that citizens can access them when needed;

c) Proactively request the Center and Branches to collaborate in implementing communication activities and guidance on legal aid.

Article 5. Responsibilities of Legal Aid Providers When Assisting Complainants with Legal Matters

1. When assisting complainants with legal matters, legal aid providers have the following tasks:

a) Guide complainants in writing complaint letters; in cases where complainants cannot perform this task themselves and request assistance, help them contact relevant agencies, organizations, or individuals to gather information, documents, and evidence related to the complaint; present evidence to protect the complainant's legitimate rights and interests;

b) Guide complainants to the competent authorities to file complaints and comply with complaint procedures;

c) Provide answers about legal provisions related to exercising complaint rights, complaint deadlines, time limits for resolving complaints; jurisdiction for complaint resolution, complaint content, and complainant requests;

d) Guide complainants to exercise their rights as prescribed by law to protect their legitimate rights and interests;

e) Participate with complainants in meetings and dialogues with complaint resolution officers when necessary;

f) In cases without grounds or where legal conditions have ended, guide complainants to withdraw their complaints or terminate the complaint process during its resolution, or participate in remediation activities or other stages of the complaint resolution process;

g) Guide complainants on compliance with decisions resolving complaints that have taken legal effect;

h) During participation in complaint resolution, if violations of the law or harassment, obstruction of legal aid providers are discovered by complaint resolution officers, legal aid providers have the right to lodge complaints and denunciations according to the law on complaints and denunciations, while reporting to the Center, Branches, and other legal aid organizations.

2. When assisting complainants with legal matters, legal aid providers will be subject to examination and handling according to the law if they commit any of the following acts:

a) Inciting, bribing, enticing, or coercing complainants to file false complaints;

b) Abusing complaint rights to defame, slander, disrupt public order, causing damage to the interests of agencies, organizations, or individuals;

c) Committing other prohibited acts as prescribed by the legal aid law and the law on complaints.

Article 6. On the procedure for participating in the process of handling complaints by persons providing legal aid

When participating in the process of handling complaints to assist the complainant with legal matters, the person providing legal aid must present the following documents:

1. For Legal Aid Counselors and lawyers who are legal aid associates of the Center and Branches:

a) Legal Aid Counselor card or legal aid associate card together with lawyer's card;

b) Decision of the Center or Branch assigning or changing the person participating in the complaint resolution process (Form No. 1 and Form No. 2 issued along with this Circular).

2. For lawyers working for law firms registered to provide legal aid, they must present the documents specified in Clause 3, Article 3 of Decree No. 136/2006/NĐ-CP dated November 14, 2006 detailing and guiding the implementation of certain provisions of the Law on Complaints and Petitions and Laws amending and supplementing certain provisions of the Law on Complaints and Petitions:

a) Lawyer's card;

b) Request for legal assistance from the complainant;

c) Introduction letter from the law firm.

3. For lawyers practicing individually working for the Legal Counseling Center, Branches of the Legal Counseling Center registered to provide legal aid, they must present the following documents:

a) Lawyer's card;

b) Decision of the Legal Counseling Center or Branch of the Legal Counseling Center assigning or changing the person participating in the complaint resolution process (Form No. 3 and Form No. 4 issued along with this Circular).

Article 7. On recommendations to administrative state agencies during the complaint resolution process

1. When there is sufficient evidence that the administrative state agency has not resolved the case or the result of resolving the case does not comply with the provisions of the law, causing damage to the person receiving legal aid, the organization implementing legal aid shall recommend to the administrative state agency to review and resolve the case or re-examine the case to protect the legitimate rights and interests of the person receiving legal aid.

2. Within thirty days from the date of receipt of the recommendation from the organization implementing legal aid regarding issues related to the resolution of complaints within its jurisdiction, the administrative state agency shall be responsible for reviewing and resolving the case according to the law and replying in writing to the organization implementing legal aid that made the recommendation; in cases where there are valid reasons, the above period may be extended but not exceeding forty-five days, except for cases where the law stipulates otherwise about the time limit for reply and cases resolved according to the litigation procedures.

If the administrative state agency fails to respond beyond the said period, the organization implementing legal aid may recommend to the higher-level administrative state agency directly overseeing it to take measures to direct and resolve the issue. The higher-level administrative state agency directly overseeing shall be responsible for directing and resolving the case in writing and informing the organization implementing legal aid about the outcome of the resolution.

Article 8. On participation as legal aid associates

Judicial organs, state inspection organs, other administrative state agencies encourage and create conditions for cadres, civil servants, and employees working at their agencies to participate as legal aid associates to provide legal advice to persons receiving legal aid. The provision of legal advice must comply with the provisions of the law and internal regulations of the judiciary, inspection sectors, and administrative state agencies.

Chapter III

IMPLEMENTATION

Article 9. Responsibility for Implementation

1. The Ministry of Justice and the Government Inspectorate have the responsibility to implement, guide, inspect, and supervise the relevant units under their management to implement this Circular. Within the scope of their duties and powers, the Ministry of Justice shall take the lead and coordinate with the Government Inspectorate to monitor, urge, inspect, evaluate this Circular; compile statistics and report on legal aid cases in administrative decisions and actions; periodically summarize and conclude to assess the implementation of this Circular; propose or implement rewards and handle violations within their authority; resolve issues arising during the implementation of this Circular.

2. Local inspection agencies, ministry inspection agencies, agencies equivalent to ministries shall cooperate with local judicial agencies, legal departments of ministries, agencies equivalent to ministries, and specialized agencies under provincial People's Committees to advise People's Committees at all levels and competent ministries and sectors to implement this Circular.

3. Departments of Justice shall be responsible for implementing this Circular's content for legal aid organizations in their locality.

Article 10. Implementation Budget

1. The budget for implementing Clause 4, Article 3 of this Circular shall be included in the annual state budget of the National Legal Aid Center according to the regulations on the preparation, management, use, and settlement of funds ensuring the operation of legal aid agencies.

2. The budget for organizing the implementation of this Circular shall be included in the annual state budget for the dissemination and education of laws of each agency and organization.

Article 11. Effective Date

1. This Circular takes effect from August 1, 2011.

2. During the implementation process, if there are difficulties, obstacles, or new issues arise, relevant agencies, organizations, and individuals shall have the responsibility to reflect them to the Ministry of Justice and the Government Inspectorate for consideration and guidance on implementation or amendment and supplementation to ensure compliance./.