Joint Circular No. 10/2018/TTLT-BTP-BCA-BQP-BTC-TANDTC-VKSNDTC on cooperation in providing legal aid in litigation activities

JOINT CIRCULAR

Regulations on coordination in providing legal aid in litigation activities legal assistance in litigation activities tung

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Pursuant to the Legal Aid Law June 20 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;17;

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Civil Procedure Code dated November 25, 2015;

Pursuant to the Administrative Procedure Code dated November 25, 2015;

Pursuant to the Law on Enforcement of Pretrial Detention and Custody dated November 25, 2015;

The Minister of Justice, the Minister of Public Security, the Minister of National Defense, the Minister of Finance and The Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy promulgates this Joint Circular regulations on coordination in implementing legal aid lassistance in litigationNo. activities.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint Circulars regulate the coordination among agencies, organizations, and authorized individuals in providing legal aid in litigation activities to ensure the rights of those receiving legal aid; registration, refusal, and cancellation of defense registration; registration, refusal of registration for representation of legitimate rights and interests of parties; designation of defense counsel for defendants who are eligible for legal aid; and funding for coordination in providing legal aid in litigation activities.

Article 2. Applicability

These joint Circulars apply to the following agencies, organizations, and individuals:

1. Agencies authorized to conduct litigation proceedings as prescribed by laws on litigation procedures.

2. Individuals authorized to conduct litigation proceedings as prescribed by laws on litigation procedures.

3. Detention facilities and prisons.

5. Agencies responsible for state management of legal aid.

6. Organizations providing legal aid including State Legal Aid Centers (hereinafter referred to as Centers), Branches of Centers (hereinafter referred to as Branches); organizations participating in legal aid.

7. Persons providing legal aid participating in litigation proceedings include:

a) Legal aid officers;

b) Lawyers including lawyers providing legal aid under contracts with Centers (hereinafter referred to as lawyers contracted with Centers); lawyers providing legal aid under assignments from organizations participating in legal aid (hereinafter referred to as lawyers of organizations participating in legal aid).

8. Recipients of legal aid and other relevant agencies, organizations, and individuals in coordinating the provision of legal aid in litigation activities.

Chapter II

RESPONSIBILITIES FOR COORDINATION OF ORGANIZATIONS PROVIDING LEGAL AID AND PERSONS PROVIDING LEGAL AID
LEGAL ASSISTANCE AND PERSONS PROVIDING LEGAL ASSISTANCE

Article 3. Responsibilities of Centers and Branches

1. Appointing and replacing legal aid officers, lawyers contracted with Centers in accordance with laws on legal aid.

2. Providing to agencies authorized to conduct litigation proceedings, detention facilities, and prisons:

Upon receiving notifications or information from agencies or individuals authorized to conduct litigation proceedings, Centers and Branches shall be responsible for verifying eligibility for legal aid of defendants, victims, and parties, dispatching persons to provide legal aid if they are eligible for legal aid, and informing agencies or individuals authorized to conduct litigation proceedings if they are not eligible for legal aid or have no request for legal aid.

5. Coordinating the implementation of communication and guidance activities on legal aid.

Article 4. Responsibilities of organizations participating in legal aid

1. Appointing and replacing lawyers of organizations participating in legal aid in accordance with the provisions of the law on legal aid.

2. Providing the address and contact phone number of the organization participating in legal aid and the list of lawyers of the organization participating in legal aid to competent authorities conducting proceedings, detention facilities, prisons.

Article 5. Responsibilities of persons implementing legal aid when participating in proceedings

1. Legal aid officers and lawyers participating in proceedings as defenders or representatives of the legitimate rights and interests of beneficiaries of legal aid shall fully perform their rights and obligations under the laws on procedure and the law on legal aid.

2. In criminal proceedings, persons implementing legal aid shall not defend, shall not continue to implement or must refuse to implement legal aid in the following cases:

a) Belonging to one of the cases prescribed in Clause 4, Article 72 of the Criminal Procedure Code;

b) Belonging to one of the cases prescribed in Clause 1 and Clause 2, Article 25 of the Law on Legal Aid.

3. In civil proceedings and administrative proceedings, persons implementing legal aid shall not continue to implement or must refuse to implement legal aid as prescribed in point b, Clause 2 of this Article.

4. Persons implementing legal aid have the right to lodge complaints in accordance with the laws on procedure, and at the same time report to the organization implementing legal aid if they discover that the authority conducting proceedings has made decisions or conducted procedural acts contrary to the law, infringing upon the legitimate rights and interests of the beneficiary of legal aid.

Article 6. Replacement of persons implementing legal aid when participating in proceedings

1. Within twenty-four hours from the date of receipt of the refusal registration for defense document or no later than two working days from the date of receipt of the refusal registration for representation of the legitimate rights and interests of the party document from the competent authority conducting proceedings, the organization implementing legal aid shall be responsible for appointing a person to replace the implementation of legal aid.

2. Within twenty-four hours from the date of receipt of the notification of cancellation of the registration for defense from the competent authority conducting proceedings, the organization implementing legal aid shall appoint a person to replace the implementation of legal aid.

3. In case of disagreement with the refusal or cancellation by the competent authority conducting proceedings as prescribed in Clause 1 and Clause 2 of this Article, the organization implementing legal aid and the person implementing legal aid who has been refused or cancelled shall have the right to lodge complaints in accordance with the laws on procedure but the organization implementing legal aid still has the responsibility to appoint a person to replace the implementation of legal aid to ensure the benefits of the beneficiary of legal aid.

RESPONSIBILITIES FOR COOPERATION OF AUTHORITIES AND PERSONS WITH COMPETENCE TO CONDUCT PROCEEDINGS; DETENTION FACILITIES, PRISONS; PERSONS WITH COMPETENCE OF DETENTION FACILITIES, PRISONS
RIGHT TO PARTICIPATE IN LITIGATION; DETENTION FACILITIES, PRISONS,
PERSONS WITH JURISDICTION OF DETENTION FACILITIES, PRISONS

Article 7. Explanation, Notification, and Information on Legal Aid

1. Explanation on the Right to Legal Aid

In cases where they cannot read themselves, the competent agency or authority conducting proceedings shall be responsible for informing them. If they claim to be eligible for legal aid, the competent agency or authority conducting proceedings shall be responsible for explaining their right to legal aid according to the legal regulations on legal aid and litigation procedures. The explanation shall be timely, comprehensive, and in simple language so that they can fully understand their right to free legal aid.

d) Complaints related to the explanation of the right to legal aid shall be implemented in accordance with the laws on procedure.

a) In criminal proceedings, the notification and provision of information on legal aid shall be carried out as follows:

In cases where a defendant, victim, or party claims to be eligible for legal aid as stipulated in point a, Clause 1 of this Article and requests legal aid, the competent agency or authority conducting proceedings shall be responsible for notifying the Center and Branch to implement the provisions set forth in Clause 4, Article 3 of this Circular. The notification shall be made using Form No. 03 issued together with this Circular, recorded in the proceeding minutes, and kept in the case file.

For arrested persons or those under temporary detention, in addition to written notifications, the competent agency or authority conducting proceedings shall immediately notify the Center and Branch by telephone.

In cases where a defendant, victim, or party claims to be eligible for legal aid but has not yet requested it, the competent agency or authority conducting proceedings shall be responsible for informing the Center and Branch so that the provisions set forth in Clause 4, Article 3 of this Circular can be implemented. The information shall be provided using Form No. 04 issued together with this Circular.

b) In civil proceedings and administrative proceedings, the notification and provision of information on legal aid shall be carried out in accordance with point a, Clause 2 of this Article, except where the notification of legal aid does not need to be recorded in the procedural record.

3. In case of designation of a defender for an accused person eligible for legal aid as prescribed by the Criminal Procedure Code, if the accused person, their representative, or their close relatives do not invite a defender, the competent authority conducting proceedings shall request the Center or Branch to immediately appoint a person to provide legal aid as their defender. The request shall be made in writing by means of a notification according to Model No. 03 issued together with this Circular.

Article 8. Responsibilities of the competent authority conducting litigation proceedings

1. Explain, announce, and provide information on legal aid as prescribed in Clause 1 and Clause 2 of Article 7 of this Joint Circular.

2. Register, refuse, and cancel registration for defense; register and refuse registration for representation of the legitimate rights and interests of parties as prescribed in Articles 12, 14, and 15 of this Joint Circular.

3. Implement statistical entries into the Legal Aid Case Monitoring Book during litigation activities according to Form No. 05 issued together with this Joint Circular.

5. Propose the Center and Branches to cooperate in implementing communication activities and guidance on legal aid.

6. During the course of participating in litigation proceedings, if discovering that the person providing legal aid engages in acts violating the law, the competent authority conducting litigation proceedings shall handle such acts in accordance with the law and notify the organization providing legal aid to promptly address the matter within their authority and replace the person providing legal aid.

7. Deliver procedural documents to the person providing legal aid participating in litigation cases in accordance with the law on litigation procedures.

8. Ensure that the person providing legal aid when participating in litigation fully exercises the rights and fulfills the obligations of a defense counsel or representative of the legitimate rights and interests of the person receiving legal aid as prescribed by the law on litigation procedures and the law on legal aid.

9. Encourage Investigative Agencies and Courts at all levels to create conditions for the person providing legal aid to be present directly at these agencies in accordance with local practical conditions so that the person receiving legal aid can know and utilize legal aid services in a timely manner.

Article 9. Responsibilities of the competent authority conducting litigation proceedings

1. Explain, announce, and provide information on legal aid as prescribed in Clause 1 and Clause 2 of Article 7 of this Joint Circular.

2. Announce in advance the time and place for taking statements, interrogations, and other investigative activities as prescribed in the Criminal Procedure Code to the person providing legal aid.

3. For trial proceedings:

a) Announce the trial schedule in writing through postal services in a guaranteed form, direct delivery, or other means to the organization providing legal aid and the registered defense counsel or representative of the legitimate rights and interests of the party at least ten days before the trial date, for summary trials at least seven days before the trial date;

b) Clearly record in the judgment or decision the name and position of the person providing legal aid appointed by the organization providing legal aid and clearly state their opinion or defense viewpoint or representation of the legitimate rights and interests of the person receiving legal aid.

4. Confirm the time or work of the person providing legal aid when working with the competent authority conducting litigation proceedings.

Article 10. Responsibilities of detention facilities and prisons

1. The detention facility shall be responsible for:

a) Explain, announce, and provide information on legal aid as prescribed in Clause 1 and Clause 2 of Article 7 of this Joint Circular to persons under temporary detention or temporary custody who are eligible for legal aid;

b) Implement activities as prescribed in Clause 3, Clause 4, and Clause 5 of Article 8 of this Joint Circular;

c) Post the Legal Aid Information Sheet in the temporary detention cell, temporary custody cell, at the reception area for persons under temporary detention or temporary custody, visiting room, defense counsel's office, and common living areas of persons under temporary detention or temporary custody; broadcast legal aid information audio files via the detention facility's public address system or other audio storage devices (MP3, WMA, or WMV) in the common living areas of persons under temporary detention or temporary custody.

2. Prisons have the responsibility:

b) Implement statistical entries into the Legal Aid Case Monitoring Book during litigation activities as prescribed in Clause 3 of Article 8 of this Joint Circular.

1. The authority of detention facilities shall be responsible for:

a) Implementing the provisions set forth in point a, Clause 1, Article 10 of this Circular. When a person under temporary detention requests legal aid, the authority of the detention facility shall be responsible for guiding them to write a request for legal aid and transferring it to the Center and Branch along with the notification prescribed in Clause 2, Article 7 of this Circular;

b) Creating favorable conditions for legal aid providers to meet and communicate with persons under temporary detention in accordance with the law;

c) Confirming the time when legal aid providers meet and communicate with persons under temporary detention.

2. The authority of prisons shall be responsible for implementing the provisions set forth in point a, Clause 2, Article 10 of this Circular.

Chapter IV

REGISTRATION, REFUSAL, AND CANCELLATION OF DEFENSE REGISTRATION;
REGISTRATION AND REFUSAL OF GUARDIAN REGISTRATION;
LEGAL RIGHTS AND INTERESTS OF THE PARTY

Article 12. Defense Registration and Registration of Guardian for Legal Rights and Interests of the Party

1. In criminal proceedings, defense registration shall be carried out as follows:

a) Legal aid officers or lawyers who sign contracts with the Center shall present their Legal Aid Officer Card or Lawyer Card accompanied by certified copies and the dispatch document from the Center or Branch;

b) Lawyers representing organizations providing legal aid shall present their Lawyer Card accompanied by certified copies and the dispatch document from the organization providing legal aid where the lawyer practices or works;

c) Within 24 hours from receiving all required documents as specified in points a or b of Clause 1 of this Article, the competent authority conducting proceedings shall be responsible for checking the documents. If the conditions for refusing the defense registration are not met, the authority shall record the defense registration in the register, promptly notify the defense attorney of the organization providing legal aid, and keep related documents in the case file. If the conditions are not met, the authority shall refuse the defense registration.

2. In civil proceedings and administrative proceedings, registration of guardians for legal rights and interests of the party shall be carried out as follows:

a) Legal aid officers or lawyers who sign contracts with the Center shall present their Legal Aid Officer Card or Lawyer Card and the dispatch document from the Center or Branch;

b) Lawyers representing organizations providing legal aid shall present their Lawyer Card and the dispatch document from the organization providing legal aid where the lawyer practices or works;

c) Within three working days from receiving all required documents as specified in points a or b of Clause 2 of this Article, the Court shall record the registration of guardians for legal rights and interests of the party in the register, confirm on the request form for guardianship, and return it to the organization providing legal aid and the individual providing legal aid. If the conditions are not met, the registration of guardians for legal rights and interests of the party shall be refused.

3. In cases where legal aid officers or lawyers do not directly present the documents specified in points a or b of Clause 1 of this Article for defense registration or in points a or b of Clause 2 of this Article for guardian registration, they must send certified copies of their Legal Aid Officer Card or certified copies of their Lawyer Card and the dispatch document from the organization providing legal aid to the competent authority conducting proceedings.

Article 13. Effectiveness of Registration for Legal Defense and Registration of Persons Protecting the Legitimate Rights and Interests of Parties

1. In criminal proceedings, the person providing legal aid who participates in the proceedings from which stage shall register legal defense at that stage, and the notification document of the legal defender shall be valid throughout the entire participation in the proceedings, except for cases stipulated in Clause 6, Article 78 of the Criminal Procedure Code.

In cases of resuming investigation, splitting, merging cases, transferring cases for re-investigation within the province or centrally-administered city, the person providing legal aid shall continue to participate in the proceedings until the case is concluded. If the case requires re-investigation, the registration of legal defense must be renewed according to the procedure prescribed in Clause 1, Article 12 of this Joint Circular.

2. In civil proceedings and administrative proceedings, the request for registration of persons protecting the legitimate rights and interests of parties, confirmed by the court handling the case, shall be valid throughout the participation in the proceedings. In cases of splitting or merging cases, the person providing legal aid shall continue to participate in the proceedings until the case is concluded. If the case requires retrial, the registration of persons protecting the legitimate rights and interests of parties must be renewed according to the procedure prescribed in Clause 2, Article 12 of this Joint Circular.

3. In cases where the person providing legal aid is replaced according to the provisions of the procedural laws and the legal aid laws, the registration of legal defense and registration of persons protecting the legitimate rights and interests of parties shall be carried out according to the provisions of Article 12 of this Joint Circular.

Article 14. Refusal of Registration for Legal Defense and Registration of Persons Protecting the Legitimate Rights and Interests of Parties

1. In criminal proceedings, if the competent authority refuses to register legal defense for the person providing legal aid under one of the cases stipulated in Clause 5, Article 78 of the Criminal Procedure Code, it shall notify in writing and clearly state the reasons for refusal to the organization providing legal aid and the person providing legal aid.

2. In civil proceedings and administrative proceedings, if the court refuses to register persons protecting the legitimate rights and interests of parties for the person providing legal aid according to Clause 5, Article 75 of the Civil Procedure Code and Clause 5, Article 61 of the Administrative Procedure Law, it must notify in writing and clearly state the reasons for refusal to the organization providing legal aid and the person providing legal aid.

Article 15. Notification of Cancellation of Registration for Legal Defense

Within 24 hours from the cancellation of the registration for legal defense according to the provisions of the procedural laws, the competent authority conducting the proceedings shall have the responsibility to notify in writing and clearly state the reasons for cancellation to the organization providing legal aid and the person providing legal aid.

Article 16. Establishment of the Inter-Ministerial Coordination Board on Legal Aid in Proceedings at the Central Level

1. The Inter-Ministerial Coordination Board on Legal Aid in Proceedings at the Central Level (hereinafter referred to as the Central Inter-Ministerial Coordination Board) assists the Minister of Justice, the Minister of Public Security, the Minister of National Defense, the Minister of Finance, the President of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy in coordinating and implementing legal aid in proceedings.

2. The Minister of Justice decides to establish the Central Inter-Ministerial Coordination Board after reaching consensus on personnel with the central inter-ministerial sector. The Ministry of Justice is the permanent body of the Central Inter-Ministerial Coordination Board, responsible for coordinating the activities of the Central Inter-Ministerial Coordination Board. The Board uses the seal of the Ministry of Justice.

3. The Central Inter-Ministerial Coordination Board has no more than 08 members, including the following components:

a) The Minister of Justice serves as Chairman of the Board;

b) The Deputy Minister of Justice serves as Vice-Chairman of the Board;

c) The Deputy Ministers of Public Security, National Defense, Finance, the Deputy President of the Supreme People's Court, and the Deputy Procurator General of the Supreme People's Procuracy serve as Members of the Board;

d) The Director of the Legal Aid Department under the Ministry of Justice serves as a Member of the Board.

4. Members of the Central Inter-Ministerial Coordination Board work on a part-time basis.

5. Sessions of the Central Inter-Ministerial Coordination Board invite representatives of the Vietnam Bar Federation to attend; invite representatives of other relevant agencies (if necessary) to attend according to the opinion of the Chairman of the Central Inter-Ministerial Coordination Board.

Article 17. Tasks of the Central Inter-sectoral Coordination Council

1. The Central Inter-sectoral Coordination Council has the task of assisting inter-sectoral leadership in implementing the following activities:

a) Proposing improvements to the legal framework for legal aid in litigation activities;

b) Developing, issuing, and urging the implementation of inter-sectoral coordination plans on legal aid in litigation activities at the central level;

c) Studying, directing, guiding, monitoring, and inspecting the implementation of coordinated legal aid in litigation activities;

d) Implementing statistical systems and reporting according to the provisions of the law and the requirements of competent authorities;

đ) Conducting mid-term and final reviews of the implementation of this Joint Circular;

e) Proposing the Minister of Justice to award commendations according to the provisions of the law;

g) Proposing sectoral leadership to handle violations according to the provisions of the law;

h) Performing other tasks to resolve issues and enhance the effectiveness of coordinated legal aid in litigation activities.

2. Members of the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy belonging to the Central Inter-sectoral Coordination Council have the responsibility to assist their sectoral leadership in performing the following tasks:

a) Implementing the tasks specified in points a, c, d, đ, e, g, and h of Clause 1 of this Article;

b) Cooperating with the council's permanent office to implement the council's tasks as stipulated in Clause 1 of this Article;

c) Directing agencies, authorized persons conducting litigation proceedings, and authorized persons of detention facilities under their sectors to perform responsibilities as prescribed in this Joint Circular, issuing sectoral documents on coordinating legal aid in litigation activities;

d) Directing the organization of training sessions for authorized persons conducting litigation proceedings under their sectors on coordinating legal aid in litigation activities.

3. Members of the Ministry of Finance belonging to the Central Inter-sectoral Coordination Council have the responsibility to perform the tasks specified in points c, e, g, and h of Clause 1 and point b of Clause 2 of this Article.

4. Members of the Ministry of Justice belonging to the Central Inter-sectoral Coordination Council have the responsibility to assist their sectoral leadership in performing the following tasks:

a) Implementing the tasks specified in Clause 1 of this Article;

b) Directing and organizing training sessions for members of the Working Group assisting the Central Inter-sectoral Coordination Council; members of the Council and the Working Group assisting the inter-sectoral coordination councils at the local level; persons providing legal aid; authorized persons conducting litigation proceedings on coordinating legal aid in litigation activities.

Article 18. Working Group Assisting the Central Inter-sectoral Coordination Council

1. The Chairman of the Central Inter-sectoral Coordination Council decides to establish a Working Group assisting the Central Inter-sectoral Coordination Council to help members of the Central Inter-sectoral Coordination Council perform the tasks prescribed in Article 17 of this Joint Circular.

2. The Working Group assisting the Central Inter-sectoral Coordination Council includes representatives from functional units of the Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Court, and the Supreme People's Procuracy. The head of the Working Group assisting the Central Inter-sectoral Coordination Council is the Director of the Legal Aid Department under the Ministry of Justice.

3. The Working Group assisting the Central Inter-sectoral Coordination Council operates on a part-time basis.

Article 19. Establishment of the Inter-sectoral Coordination Board for Legal Aid in Litigation Activities at the Local Level

1. The Inter-sectoral Coordination Board for Legal Aid in Litigation Activities at the provincial and centrally-administered city level (hereinafter referred to as the Inter-sectoral Coordination Board at the local level) assists the Director of the Department of Justice, the Director of Public Security, the Director of the Department of Finance, the President of the People's Court, and the Prosecutor of the People's Procuracy at the provincial level; the Commander of the Military Region where the headquarters is located, the Commandant of the Capital Military Command, the Provincial Military Command (for areas without a Military Region Command) or the Provincial Border Guard Command (if deemed necessary) in uniformly directing and coordinating the implementation of legal aid in litigation activities at the local level.

2. The Chairman of the Provincial People's Committee decides on the establishment of the Inter-sectoral Coordination Board at the local level based on the proposal of the Department of Justice after reaching consensus with the heads of relevant sectors at the local level. The Department of Justice serves as the permanent body of the Inter-sectoral Coordination Board at the local level, responsible for coordinating the activities of the Inter-sectoral Coordination Board at the local level. The Board uses the seal of the Department of Justice.

3. The Inter-sectoral Coordination Board at the local level shall have no more than eight members, including the following components:

a) The Director of the Department of Justice serves as the Chairperson of the Board;

b) The Deputy Director of the Department of Justice in charge of legal aid work (if any) serves as the Vice-Chairperson of the Board;

c) Representatives from the leadership of the agencies: Public Security, Finance, People's Court, and People's Procuracy at the provincial level; Office of the Military Region Command where the headquarters is located, the Capital Military Command, the Provincial Military Command (for areas without a Military Region Command) or the Provincial Border Guard Command (if deemed necessary) serve as members of the Board;

d) The Director of the Center serves as a member of the Board.

4. Members of the Inter-sectoral Coordination Board at the local level work under a concurrent appointment system.

5. Meetings of the Inter-sectoral Coordination Board at the local level invite representatives from the Bar Association, Criminal Investigation Agencies within the People's Army, detention centers to attend; other related agencies' representatives (if deemed necessary) may be invited to attend according to the opinion of the Chairperson of the Inter-sectoral Coordination Board at the local level.

Article 20. Tasks of the Inter-sectoral Coordination Board at the Local Level

1. The Inter-sectoral Coordination Board at the local level is responsible for assisting the leaders of relevant sectors at the local level in performing the following tasks:

a) Developing, promulgating, and implementing plans for inter-sectoral coordination on legal aid in litigation activities at the local level;

b) Studying, directing, guiding, urging, monitoring, and inspecting the implementation of coordinated legal aid in litigation activities;

c) Implementing statistical reporting systems as prescribed by law and according to the requirements of competent authorities;

d) Summarizing and concluding the implementation of this Circular;

đ) Proposing the Minister of Justice and the Chairman of the Provincial People's Committee to award commendations according to the provisions of law;

e) Proposing sector leaders to handle violations according to the provisions of law;

g) Performing other tasks to resolve issues and enhance the effectiveness of coordinated legal aid in litigation activities.

2. Members of the agencies: Public Security, National Defense, People's Court, and People's Procuracy at the provincial level; Office of the Military Region Command where the headquarters is located, the Capital Military Command, the Provincial Military Command (for areas without a Military Region Command) or the Provincial Border Guard Command (if deemed necessary) belonging to the Inter-sectoral Coordination Board at the local level are responsible for assisting their sector leaders at the local level in performing the following tasks:

a) Performing the tasks stipulated in points b, c, d, đ, e, and g of Clause 1 and Clause 5 of this Article;

b) Cooperating with the permanent body of the Inter-sectoral Coordination Board at the local level to perform the tasks of the Board as stipulated in Clause 1 of this Article;

c) Directing agencies and authorized persons conducting litigation proceedings within their sectors to fulfill responsibilities as prescribed in this Circular, issuing sectoral documents, and implementing the Board's requirements regarding coordinated legal aid in litigation activities;

d) Directing the organization of training sessions for authorized persons conducting litigation proceedings within their sectors on coordinated legal aid in litigation activities.

3. Members of the Department of Finance belonging to the Inter-sectoral Coordination Board at the local level are responsible for assisting their sector leaders in performing the tasks stipulated in points b, đ, e, and g of Clause 1 and point b of Clause 2 of this Article.

4. Members of the Department of Justice belonging to the Inter-sectoral Coordination Board at the local level are responsible for assisting their department leaders in performing the following tasks:

a) Performing the tasks stipulated in Clause 1 and Clause 5 of this Article;

b) Directing and organizing training sessions for the Working Group assisting the Inter-sectoral Coordination Board at the local level; legal aid providers; and authorized persons conducting litigation proceedings on coordinated legal aid in litigation activities.

5. Annually, sectors that are members of the Inter-sectoral Coordination Board at the local level are responsible for submitting reports on the results of implementing this Circular to the permanent body of the Inter-sectoral Coordination Board at the local level. Reporting is conducted twice: the first report includes the content of implementing this Circular and data compiled from the Legal Aid Case Tracking Book according to Model No. 05 issued together with this Circular, data taken from January 1 to October 31 of each year; the second report only includes data compiled from the Legal Aid Case Tracking Book according to Model No. 05 issued together with this Circular, data taken from January 1 to December 31 of each year. The deadline for submitting reports follows the statistical regulations of the Ministry of Justice.

The permanent office of the Inter-sectoral Coordination Council at the Local Level shall be responsible for compiling and drafting reports on the implementation results of this Joint Circular to send to the permanent office of the Inter-sectoral Coordination Council at the Central Level. Reporting shall be conducted twice: the first report includes content and data from January 1 to October 31 each year according to Forms 06A and 06B issued together with this Joint Circular; the second report only includes data according to Form 06C issued together with this Joint Circular, with data taken from January 1 to December 31 each year. The deadline for submitting reports shall comply with the statistical regulations of the Ministry of Justice.

Article 21. Working Group for the Inter-sectoral Coordination Council at the Local Level

1. The Chairman of the Inter-sectoral Coordination Council at the Local Level shall decide to establish a Working Group for the Inter-sectoral Coordination Council at the Local Level to assist members of the Inter-sectoral Coordination Council at the Local Level in performing tasks prescribed in Article 20 of this Joint Circular.

2. The Working Group for the Inter-sectoral Coordination Council at the Local Level shall consist of leaders from the Center, representatives of the following agencies: Public Security, Finance, People's Court, and People's Procuracy at provincial level; Office of the Military Region Command where the headquarters is located, Capital Command of Hanoi, Provincial Military Command (for localities without a Military Region Command) or Provincial Border Guard Command (if deemed necessary). The head of the Working Group for the Inter-sectoral Coordination Council at the Local Level shall be the Director of the Center.

3. The Working Group for the Inter-sectoral Coordination Council at the Local Level shall operate on a part-time basis.

Chapter VI
IMPLEMENTATION

The Ministry of Justice, Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Supreme People's Court, and Supreme People's Procuracy; High People's Courts and High People's Procuracies; Departments of Justice, Finance, Public Security, People's Courts, and People's Prosecutions at provincial level; Military Region Commands, Capital Command of Hanoi, Provincial Military Commands (for localities without a Military Region Command) or Provincial Border Guard Commands (if deemed necessary) shall be responsible for:

1. Promulgating, directing, monitoring, and inspecting related units under their management in fully implementing the contents stipulated in this Joint Circular.

2. Performing the tasks of member sectors as prescribed in this Joint Circular.

3. Preparing budgets for expenses as prescribed in Clause 4 of Article 23 of this Joint Circular.

Article 23. Implementation Expenses

1. The budget for coordinating the provision of legal aid in litigation activities of each agency and unit according to this Joint Circular shall be included in the annual state budget allocation for each agency and unit.

2. The coordination expenses for providing legal aid in litigation activities include:

a) Expenses for mid-term review, finalization, inspection, evaluation, and photocopying of cooperative legal aid materials in litigation activities at the central and local levels;

c) Expenses for printing Case Tracking Books for legal aid in litigation activities and forms issued together with this Joint Circular;

g) Expenses for other activities aimed at enhancing the effectiveness of coordinated legal aid in litigation activities.

4. Responsibility for preparing budget estimates

The preparation of budget estimates for coordinating the provision of legal aid in litigation activities shall be carried out in accordance with laws on the state budget.

a) The permanent offices of the Central and Local Inter-sectoral Coordination Councils shall be responsible for preparing budget estimates for state funds to ensure the operation of the Inter-sectoral Coordination Councils, which shall be consolidated into the budget estimates of their respective agencies and units and submitted to financial authorities in accordance with laws on the state budget.

The Ministry of Justice (Legal Aid Bureau) shall prepare budget estimates for implementing cooperative legal aid tasks as prescribed by laws on legal aid at the central level (contents stipulated in points a, d, đ, e, g of Clause 2 of this Article); Departments of Justice (State Legal Aid Centers) shall prepare budget estimates for implementing cooperative legal aid tasks at the local level (contents stipulated in Clause 2 of this Article) in accordance with current regulations on the decentralization of the state budget.

b) Expenses for implementing tasks at points a and d of Clause 2 of this Article by members of the Central and Local Inter-sectoral Coordination Councils (Public Security, National Defense, Finance, People's Courts, and People's Prosecutions) that fall within the functions and responsibilities of their respective agencies and units shall be prepared by those agencies and units, which shall consolidate them into their own budget estimates and submit them to their principal management authorities (if any), which shall then consolidate and submit them to financial authorities in accordance with laws on the state budget.

The Central and Local Inter-sectoral Coordination Councils established in accordance with Joint Circular No. 11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated July 4, 2013, guiding the implementation of certain provisions of laws on legal aid in litigation activities, shall continue to operate in accordance with this Joint Circular.

Within three months from the date this Joint Circular takes effect, the People's Committee of the province shall be responsible for perfecting the Inter-sectoral Coordination Board at the local level in accordance with the provisions of this Joint Circular.

Article 25. Effective Date

1. This Joint Circular shall take effect from September 1, 2018.

2. This Joint Circular replaces the Joint Circular No. 11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated July 4, 2013 of the Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Procuracy, and the Supreme People's Court guiding the implementation of certain provisions of laws on legal aid in judicial proceedings.

3. During the process of implementation, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, and individuals shall have the responsibility to reflect these to the Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Court, and the Supreme People's Procuracy for consideration, guidance on implementation, or amendment and supplementation as appropriate./.