Joint Circular No. 11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC guides the implementation of certain provisions of laws on legal aid in litigation activities. This document specifies detailed regulations for litigation agencies, Detention Centers, Holding Houses, organizations implementing legal aid, and beneficiaries of legal aid.
적용 범위
Investigative agencies, Public Prosecution Offices, Courts; Heads, Deputy Heads of investigative agencies, Investigators; Public Prosecutors, Deputy Public Prosecutors, Prosecutors; Chief Judges, Deputy Chief Judges, Judges, Court Clerks; Detention Centers, Holding Houses; Wardens, Deputy Wardens of Detention Centers, Guards; Heads, Deputy Heads of Holding Houses; State management agencies regarding organization and operation of legal aid; Organizations implementing legal aid include: National Legal Aid Centers (Centers), Branches of Centers (Branches); law firms, legal counseling centers registered to participate in legal aid (participating legal aid organizations); persons providing legal aid include: Legal Aid Counselors, Lawyer Collaborators in Legal Aid (Collaborator Lawyers), Lawyers working for participating legal aid organizations; Beneficiaries of legal aid participating in litigation and other relevant agencies, organizations, individuals involved in coordination and implementation of legal aid in litigation activities.
핵심 사항
- Litigation agencies issue, refuse, or revoke certificates of participation in litigation for persons providing legal aid. The issuance period is three working days; the refusal or revocation period is three working days.
- Persons providing legal aid must comply with regulations concerning scope, conditions, and circumstances for refusing to participate in litigation. For example, they cannot participate if they have already conducted litigation in that case or are relatives of the parties.
- Legal Aid Counselors and Collaborator Lawyers are responsible for providing information about legal aid to beneficiaries of legal aid, guiding them to write applications for legal aid.
- Persons providing legal aid participate in litigation as defense counsel, representatives of the interests of the parties in criminal cases; representatives, protectors of legitimate rights and interests of the parties in civil matters or representatives, protectors of the rights and legitimate interests of plaintiffs, interested parties in administrative cases.
- Litigation agencies must notify the time and place of interrogation of suspects, defendants, or temporarily detained persons to defense counsel participating in legal aid. Courts notify the trial schedule at least ten days before the criminal case trial and seven days for civil case trials.
- In cases where the issuance of certificates is refused, litigation agencies must notify in writing the implementing legal aid organizations within three working days. In cases of certificate revocation, the person whose certificate is revoked has the right to appeal according to the law.
- Central and local Inter-Ministerial Coordination Councils on Legal Aid are established to unify the direction of coordinated work in implementing legal aid in litigation activities. This Council is responsible for evaluating, reporting on the implementation situation, and proposing solutions to emerging issues.
🌐 이 문서의 사회적 영향
- Positive impact: Helps citizens access legal aid more conveniently, ensuring their rights during the litigation process.
- Negative impact: May impose financial burdens on agencies implementing legal aid and create barriers for citizens when requesting legal aid due to complex procedures.
❓ 자주 묻는 질문
What is the deadline for issuing a certificate of participation in litigation?
The deadline for issuing a certificate of participation in litigation for Legal Aid Counselors and Collaborator Lawyers is three working days. In cases of temporary detention, the time limit is twenty-four hours.
Under what circumstances may persons providing legal aid refuse to participate in litigation?
Persons providing legal aid shall not participate if they have already conducted litigation in that case, are relatives of the parties, or are simultaneously victims, civil plaintiffs, or civil defendants; or have rights and obligations related to the case.
How long does a litigation agency have to notify an implementing legal aid organization in writing when it refuses to issue a certificate of participation in litigation?
Within three working days from the date of receiving the decision to assign someone to participate in litigation.
In what circumstances may persons providing legal aid be subject to having their certificate of participation in litigation revoked?
Persons providing legal aid may have their certificate of participation in litigation revoked if they violate legal aid regulations, are replaced, or are not allowed to participate in litigation according to the law.
What responsibilities do central and local Inter-Ministerial Coordination Councils on Legal Aid have?
The Inter-Ministerial Coordination Council is responsible for unifying the direction of coordinated work in implementing legal aid in litigation activities, evaluating the implementation situation, and proposing solutions to emerging issues.
전문
JOINT CIRCULAR
H||| Guidelines for implementing certain provisions of the law on legal aid in litigation activities
||| Regarding legal aid in litigation activities
_________________
||| Based on the Legal Aid Law 2006;
||| The Minister of Justice, the Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Procurator General of the Supreme People's Procuracy, the President of the Supreme People's Court issue this Joint Circular to guide the implementation of certain provisions of the law on legal aid in litigation activities.No. ||| of the law l||| on legal l||| assistance in litigationNo. ||| activities as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
||| This Joint Circular guides the implementation of certain provisions of the law on cooperation in providing legal aid; issuing, refusing, revoking, and the validity of certificates for participation in litigation for persons providing legal aid in litigation activities.
Article 2. Applicability
||| This Joint Circular applies to the following organizations and individuals:
1. ||| Investigative agencies, Prosecution offices, Courts; Heads, Deputy Heads of investigative agencies, Investigators; Prosecutors General, Deputy Prosecutors General, Prosecutors; Presidents, Deputy Presidents, Judges, Court Secretaries.
2. ||| Detention centers, Holding facilities; Wardens, Deputy Wardens of detention centers, Guards; Directors, Deputy Directors of holding facilities.
3. ||| State management agencies for the organization and operation of legal aid.
4. ||| Organizations providing legal aid include: State Legal Aid Centers (hereinafter referred to as Centers), Branches of Centers (hereinafter referred to as Branches); law firms, legal counseling centers registered to participate in legal aid (hereinafter referred to as participating legal aid organizations).
||| Persons providing legal aid include: Legal aid officers, Lawyer Collaborators (hereinafter referred to as Collaborating Lawyers), Lawyers working for participating legal aid organizations (hereinafter referred to as Lawyers).
||| 5. Persons receiving legal aid participating in litigation and other relevant agencies, organizations, and individuals in coordinating and implementing legal aid in litigation activities.
Chapter II
||| RESPONSIBILITIES OF ORGANIZATIONS PROVIDING LEGAL AID AND PERSONS PROVIDING LEGAL AID
3. Responsibilities of Centers and Branches
June 2024;ealth1. ||| Checking the eligibility of persons receiving legal aid to ensure they meet the conditions stipulated by law.
2. ||| Assigning Legal Aid Officers and Collaborating Lawyers to participate in litigation according to the legal aid law and litigation procedures; assigning replacement Legal Aid Officers and Collaborating Lawyers according to this Joint Circular.
3. ||| Providing Information Sheets and Information Forms on legal aid (for persons receiving legal aid; rights and obligations of persons receiving legal aid; procedures for requesting legal aid; contact addresses and phone numbers of Centers and Branches), Box ||| information on legal aid, sample request forms for legal aid, legal pamphlets, related legal documents on legal aid to investigative agencies, detention centers, holding facilities.
4. ||| Notifying investigative agencies, detention centers, holding facilities of the list of Legal Aid Officers and Collaborating Lawyers from Centers and Branches.
5. ||| Fully informing investigative agencies, detention centers, holding facilities about all legal provisions on legal aid including amendments, supplements, and replacements. Not deposited into temporary account |||
6. ||| Reviewing legal aid case files and paying allowances to Collaborating Lawyers, subsidies to Legal Aid Officers for legal aid cases in litigation activities according to the law; resolving complaints from Legal Aid Officers and Collaborating Lawyers within their authority.
Article 4. Responsibilities of organizations participating in legal aid
1. Implement the provisions stipulated in Clause 1, Article 3 of this Joint Circular.
2. Assign lawyers to participate in litigation and replace lawyers according to the provisions of this Joint Circular.
3. Transfer cases to Centers, Branches when there is no replacement lawyer as prescribed in Article 6 of this Joint Circular.
4. Notify the investigative authority, Detention Center, Remand Center of the address and contact phone number of the organization participating in legal aid and the lawyer.
Article 5. Responsibilities of persons implementing legal aid when participating in litigation
1. When participating in litigation as defense counsel, representative of the party's interests in criminal cases; representative, defender of the legitimate rights and interests of the party in civil proceedings; representative, defender of the legitimate rights and interests of the plaintiff, interested parties in administrative cases, the person implementing legal aid must fully perform their rights and obligations as prescribed by procedural laws and legal aid laws.nationalIn the field of criminal procedure, the person implementing legal aid must refuse to participate in litigation in the following cases:
2. Has been a procedural actor in that case;
a) Is a close relative of a person who has been or is currently a procedural actor in that case;
b) Simultaneously is a victim, civil plaintiff, civil defendant; a person with rights and obligations related to the case; is a legal representative, close relative of that person or of the accused;
c) Has participated in the case as a witness, expert, interpreter;
d) d) Belongs to one of the provisions stipulated in Clause 2, Article 45 of the Legal Aid Law.
In the field of civil procedure, the person implementing legal aid must refuse to participate in litigation in the following cases: Not deposited into temporary account Simultaneously is a party, legal representative, close relative of the party;
3. Belongs to the cases stipulated in points d and d Clause 2 of this Article. Not deposited into temporary account:
a) In the field of administrative procedure, the person implementing legal aid must refuse to participate in litigation in the following cases:
b) Belongs to the provisions stipulated in points d and d Clause 2 and point a Clause 3 of this Article;
4. Has participated in issuing an administrative decision or is related to the administrative act being challenged;
a) Has participated in issuing a decision on complaints regarding the administrative decision, administrative act being challenged; Not deposited into temporary account Has participated in issuing a disciplinary decision terminating employment or has participated in issuing a decision on complaints regarding the disciplinary decision terminating employment being challenged;
b) d) Has participated in issuing a decision on competition cases, decision on complaints regarding the decision on competition cases being challenged;
c) Has participated in compiling voter lists for National Assembly elections, People's Council elections being challenged.
d) During the process of participating in litigation, if discovering procedural actors violating the law or causing inconvenience, hindering the exercise of litigation rights and obligations according to the law, the person implementing legal aid has the right to lodge a complaint as prescribed by procedural laws, while reporting to the organization implementing legal aid.
đ) Has participated in making decisions on competition cases, decisions on resolving complaints about competition case decisions that have been sued;
e) Has participated in compiling voter lists for National Assembly elections, voter lists for People's Council elections that have been sued.
5. During the litigation process, if discovering that the litigation officer has violated the law or caused inconvenience, hindering the exercise of their litigation rights and obligations according to the law, the legal aid implementer has the right to file a complaint as prescribed by the procedural law, while reporting to the legal aid implementing organization.
Article 6. Replacement of Legal Aid Practitioners Participating in Litigation
A legal aid practitioner participating in litigation shall be replaced in the following cases:
1. The litigation authority refuses to issue a certificate of participation in litigation pursuant to Article 12 of this Joint Circular.
Within no more than two working days from the date of receipt of the refusal document for issuing a certificate of participation in litigation, the organization implementing legal aid shall be responsible for appointing a replacement legal aid practitioner. In case If disagreeing with the refusal of the litigation authority, the legal aid organization and the legal aid practitioner have the right to appeal according to the provisions of procedural law but still must appoint a replacement.
2. The litigation authority revokes the certificate of participation in litigation pursuant to Article 13 of this Joint Circular.
Within one working day from the date of receipt of the decision to revoke the certificate of participation in litigation issued by the litigation authority, the legal aid organization shall appoint a replacement, except in the case provided for in point d, Clause 1, Article 13 of this Joint Circular (the appointment decision for the replacement shall be made in accordance with Model TP-TGPL-4B issued together with Decision No. 03/2007/QĐ-BTP dated June 1, 2007 of the Minister of Justice on the issuance of some forms used in legal aid activities).
Chapter III
RESPONSIBILITIES OF THE AUTHORITY WITH JURISDICTION AND LITIGATION AUTHORITIES, TEMPORARY DETENTION FACILITIES, AND TEMPORARY HOLDING HOUSES
Article 7. Responsibilities of the litigation authority
1. Issuing, refusing, and revoking certificates of participation in litigation as prescribed in Articles 10, 12, and 13 of this Joint Circular.
2. Posting the Legal Aid Information Board, placing the Legal Aid Information Box; distributing free copies of laws, legal aid request forms, and related legal documents at the public reception areas of their own agencies.
3. Requesting the Center and Branches to cooperate in implementing communication and guidance activities on legal aid.
4. Notifying the time and place of questioning the accused or defendant or the person under temporary detention to the legal aid practitioner who is the defense counsel to attend.
5. For trials, the Court shall notify the trial schedule in writing to the legal aid organization and the legal aid practitioner who has been issued a certificate of participation in litigation at least ten days before the trial date. For cases tried under the simplified procedure, the Court shall notify the trial schedule in writing to the legal aid organization and the legal aid practitioner who has been issued a certificate of participation in litigation at least seven days before the trial date. The Court shall clearly record in the judgment or decision the name and position of the legal aid practitioner appointed by the legal aid organization to participate in the litigation and clearly record their opinions or viewpoints when defending the interests of the person receiving legal aid.
6. Ensuring that the legal aid practitioner participates in litigation in accordance with Article 29 of the Legal Aid Law fully exercises the rights and obligations of the defense counsel, the representative, and the defender of the party's interests in criminal cases; the representative and defender of the legitimate rights and interests of the party in civil matters; the representative and defender of the legitimate rights and interests of the plaintiff and those with vested interests in administrative cases as stipulated by the procedural law and the legal aid law; confirmingon the time during which the legal aid practitioner works and studies the file at their own agency.
7. During the course of participating in litigation, if discovering that the legal aid practitioner violates the law, the litigation authority shall handle it in accordance with the law and notify the legal aid organization to promptly address it within its jurisdiction and replace the legal aid practitioner.
8. Delivering litigation documents to the legal aid practitioners who have participated in the litigation in that case, specifically as follows:
a) In the field of criminal proceedings, the litigation authority delivers the decisions on criminal proceedings as prescribed to the defense counsel and the defender of the party's interests in criminal cases, specifically: the decision to initiate a criminal investigation; the decision to indict; the decision to apply, change, or extend preventive measures; the decision to supplement or amend the decision to initiate a criminal investigation or indictment; the decision to extend the investigation period; the decision to extend the detention period (if applicable); the investigative conclusion; the indictment; the decision to refer the case for trial; the decision to temporarily suspend or terminate the case; a copy of the judgment; notification of appeal, decision to appeal; decision on cassation review or retrial (if applicable)., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPIn the field of civil and administrative proceedings, the Court delivers the decisions on civil and administrative proceedings as prescribed to the representative and defender of the party's legitimate rights and interests in civil matters, the representative and defender of the plaintiff's legitimate rights and interests, and those with vested interests in administrative cases, specifically: the decision to recognize the settlement agreement between parties; the decision to resolve a civil matter; the decision to apply, change, or revoke emergency provisional measures; the decision to refer the case for trial; the decision to temporarily suspend or terminate the case; a copy of the judgment; notification of appeal, decision to appeal, decision on appellate review (if applicable).
b) In civil and administrative proceedings, the Court transfers litigation decisions as prescribed to the representative, protecting the legitimate rights and interests of the parties in civil cases, the representative, the person protecting the legitimate rights and interests of the plaintiff, the interested party in administrative cases, specifically: decisions recognizing the agreement of the parties, decisions on civil matters; decisions on applying, changing, or revoking provisional emergency measures; decisions on bringing the case to trial, decisions on temporarily suspending or terminating the case, copies of judgments; notifications regarding appeals, appeal decisions, appellate court decisions (if any).nationalm the agreement of the parties, decisions on civil matters;a m Article 21 Clause 3 of the Legal Aid Law;
Article 8. Responsibilities of Detention Centers and Holding Houses
1. Implement activities as prescribed in Clause 2 and Clause 3 of Article 7 of this Circular.
2. Post Information Sheets on Legal Aid in Detention Cells, Holding Cells, and Common Living Areas for Detainees.
Article 9. Responsibilities of Authorized Persons in Investigative Agencies, Prosecutors; Wardens, Deputy Wardens of Detention Centers, Educators; Heads, Deputy Heads of Holding Houses
1. When conducting investigative activities, prosecutors have the responsibility to:
a) Explain to detainees, defendants, accused persons, and parties their rights and obligations under procedural laws; their right to legal aid and guide them to access information about legal aid. The explanation must be recorded in the investigation record and kept in the case file. If they request legal aid, provide them with a sample application form for legal aid, guide them to write the application form, provide contact addresses of organizations implementing legal aid, and guide them or their close relatives or legal representatives regarding the procedures for requesting legal aid. In cases where detainees do not agree with the person assigned by the legal aid organization, they have the right to choose and request a change of the person providing legal aid. In case If these individuals do not request legal aid, the prosecutor shall clearly record this in the minutes.
b) AGAINST Not deposited into temporary account For those arrested under an arrest warrant who are detained and eligible for legal aid, the Head, Deputy Head, or Investigator of the Investigative Agency responsible for the arrest or reception of the arrested person has the responsibility to notify and guide the arrested person or their close relatives or legal representatives to contact the legal aid organization within the jurisdiction of the investigative agency handling the case to complete the procedures for requesting legal aid.
2. Wardens, Deputy Wardens of Detention Centers, Educators; Heads, Deputy Heads of Holding Houses have the responsibility to:
a) Explain to detainees and inmates their rights and obligations under procedural laws; their right to legal aid. When detainees or inmates request legal aid, guide them to write an application for legal aid and transfer it to the legal aid organization requested by the detainee or inmate or at the location of the investigative agency handling the case or at the location of the Detention Center or Holding House.
b) Facilitate the conditions for legal aid providers to meet with detainees and inmates according to the law.
c) Confirm the time when legal aid providers meet with detainees and inmates.
Chapter IV
ISSUANCE, DENIAL, REVOCATION AND EFFECTIVENESS OF PARTICIPATION CERTIFICATES IN PROCEEDINGS
Article 10. Issuance of Participation Certificates in Proceedings
Heads, Deputy Heads of Investigative Agencies at all levels; Procurators, Deputy Procurators of Procuracies at all levels; Presidents, Vice-Presidents of Courts at all levels issue certificates for defense counsel, certificates for representatives of parties' interests in criminal cases; Judges assigned to civil disputes, administrative cases issue certificates for representatives of parties' legitimate rights and interests in civil disputes; representatives of plaintiffs' and interested parties' legitimate rights and interests in administrative cases (hereinafter referred to as participation certificates in proceedings) for legal aid providers as stipulated in Article 39 of the Legal Aid Law as follows: Method and location Issuance of Participation Certificates in Proceedings
1. For Legal Aid Officers, Collaborating Lawyers
a) Within three working days from the date of receiving the decision to assign participants in proceedings from the Center, Branch (according to model TP-TGPL-4A issued together with Decision No. 03/2007/QĐ-BTP dated June 1, 2007 of the Minister of Justice on issuing some forms used in legal aid activities), along with a copy of the Legal Aid Officer Card for those assigned as Legal Aid Officers; a copy of the Collaborating Legal Aid Officer Card, Lawyer Card for those assigned as Collaborating Lawyers, the investigative agency handling the case shall enter into the registration book and issue participation certificates in proceedings for legal aid providers.
In cases where Legal Aid Officers, Collaborating Lawyers do not directly come to the investigative agency to receive participation certificates in proceedings, the accompanying documents as specified above (Legal Aid Officer Card, Collaborating Legal Aid Officer Card, and Lawyer Card) must be certified copies.developmentIn cases of defending a detainee, the Investigative Agency issues a participation certificate in proceedings for the assigned participant in proceedings within twenty-four hours from the date of receipt of the decision to assign a participant in proceedings.
When requesting issuance of a Participation Certificate in Proceedings, lawyers present the following documents:
Lawyer's card;
b) Request for lawyer from the detainee, defendant, accused person, or another person, or dispatch document of the legal aid organization where that lawyer practices.
- Within three working days or twenty-four hours for detention cases, from the date of receipt of valid documents, the investigative agency issues a participation certificate in proceedings for the lawyer; in case of refusal, a written notification must be provided with clear reasons.
- Legal aid providers participating in legal aid are issued certificates to participate in proceedings in the following capacities:on.
Legal Aid Officers participate in criminal proceedings as the lawful representative of the detainee, defendant, accused person; defenders of parties' interests as stipulated in Article 59 of the Criminal Procedure Code, Article 21, Point 3 of the Legal Aid Law;
2. Legal Aid Officers participate in civil proceedings as representatives, defenders of parties' legitimate rights and interests in civil disputes as stipulated in Clause 16 of Article 1 of the Civil Procedure Code;
a) some provisions of the Civil Procedure Code.developmentLegal aid officer participates in civil litigation as the representative, protecting the legitimate rights and interests of the parties in civil cases as prescribed in Clause 16 of Article 1 of the Law
b) on some provisions of the Civil Procedure Code; stipulating and guiding the implementation of content number 09 under component number 02 and content number 02 under component number 08 of the National Target Program on New Rural Development for the period 2021-2025. y certifying participation in litigation for them through a guarantee letter or express delivery.
c) Legal aid assistants participate in administrative litigation proceedings as representatives protecting the legitimate rights and interests of plaintiffs and parties with related rights and obligations as provided for in point b, clause 2, Article 55 of the Administrative Procedure Code;
d) Collaborating lawyers, participating lawyers engage in litigation proceedings as: defenders for persons under temporary detention, suspects, defendants, representatives protecting the interests of parties in criminal cases; representatives protecting the legitimate rights and interests of parties in civil matters; representatives protecting the legitimate rights and interests of plaintiffs and parties with related rights and obligations in administrative cases;
3. Receiving participation certificates in litigation
a) Legal aid assistants and collaborating lawyers assigned by the Center or Branch to participate in litigation proceedings shall directly go to the judicial authority todevelopment receive participation certificates in litigation. When receiving the certificates, legal aid assistants must present their Legal Aid Assistant Card; collaborating lawyers must present their Collaborating Legal Aid Assistant Card and Lawyer Card;
If legal aid assistants or collaborating lawyers cannot directly go to the judicial authority to receive participation certificates in litigation due to objective reasons, they must send certified copies of their Legal Aid Assistant Card, Collaborating Legal Aid Assistant Card, and Lawyer Card to the judicial authority;
In case legal aid assistants or collaborating lawyers do not directly go to the judicial authority as stipulated in paragraph 2, point a, clause 1 and paragraph 2, point a, clause 3 of this Article, the judicial authority shall be responsible for sending the participation certificates to them via registered mail or express delivery;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsIf the lawyer does not directly come to the litigation authority,
b) Lawyers who request participation certificates in litigation shall directly go to the judicial authority according to the appointment on the receipt to receive the participation certificates in litigation;
If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalThe certificate of participation in litigation is revoked.development If lawyers do not directly go to the judicial authority to receive participation certificates in litigation, the judicial authority shall send the participation certificates to the lawyers via registered mail or express delivery;
Article 11. Effectiveness of Participation Certificates in Litigation
1. In criminal proceedings, the participation certificate in litigation issued by the judicial authority of the stage at which legal aid assistance begins shall be valid from issuance until the conclusion of the case, including cases requiring supplementary investigation, except Not deposited into temporary account when the participation certificate in litigation is revoked; Not deposited into temporary account from the date of receiving the decision to appoint a participant in the litigation, the litigation authority must notify in writing the legal aid implementing organization and clearly state the reasons for refusal.
In cases where the investigation is resumed, cases are split or combined, the person providing legal aid assistance shall continue to participate in litigation until the conclusion of the case; In case if the case requires re-investigation, a new participation certificate in litigation must be issued in accordance with the procedures stipulated in Article 10 of this Joint Circular;
2. In civil and administrative proceedings, the issuance of participation certificates in litigation for persons providing legal aid assistance is carried out by the court handling the civil matter or administrative case, and these certificates are valid from issuance until the conclusion of the case;
In cases where the case is split or combined, the person providing legal aid assistance shall continue to participate in litigation until the conclusion of the case. In casesnationalwhere the case is retried, a new participation certificate in litigation must be issued in accordance with the procedures stipulated in Article 10 of this Joint Circular;
If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalif the person providing legal aid assistance is replaced in accordance with the procedural laws and legal aid laws, the issuance of participation certificates in litigation for the replacement shall be carried out in accordance with the provisions of Article 10 of this Joint Circular.
Article 12. Refusal to Issue Participation Certificate in Litigation
In case of necessity and with the consent of the Governor or Deputy Governor in charge, the main drafting unit may set a shorter opinion solicitation period than that mentioned above, but it must be at least three working days. Units whose opinions are sought are responsible for replying according to the deadline stated in the document requesting opinions.nationalIf the litigation authority refuses to issue a participation certificate in litigation for the person providing legal aid, it must notify the organization implementing legal aid in writing within three working days from the date of receiving the decision to assign a participant in litigation, stating the reasons for refusal.development kể từ ngày nhận được quyết định cử người tham gia tố tụng, cơ quan tiến hành tố tụng phải thông báo bằng văn bản cho tổ chức thực hiện trợ giúp pháp lý và nêu rõ lý do từ chối.
Article 13. Revocation of Participation Certificate in Litigation
1. The legal aid officer's participation certificate in litigation shall be revoked in the following cases:
a) Committing one of the prohibited acts stipulated in Clause 1, Article 9 of the Legal Aid Law;
b) Violating the obligations of a defense counsel stipulating as specified at point d and pointdevelopmente, Clause 3, Article 58 of the Criminal Procedure Code; being replaced or not allowed to participate in litigation as prescribed by procedural laws and legal aid laws;
c) Being relieved of duty pursuant to Clause 2, Article 20 of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain provisions of the Legal Aid Law;
d) The person receiving legal aid withdraws their request for legal aid;
f) The organization implementing legal aid requests to replace the person providing legal aid.
2. Collaborative lawyer, lawyer's participation certificate in litigation shall be revoked in the following cases:
a) Committing one of the prohibited acts stipulated in Clause 1, Article 9 of the Legal Aid Law, Clause 1, Article 9 of the Lawyers Law amended and supplemented by Clause 3, Article 1 of Law No. 20/2012/QH13 amending and supplementing certain provisions of the Lawyers Law;
b) Having their lawyer practice certificate revoked according to Clause 1 of the 9 Lawyers Law amended and supplemented by Clause 9, Article 1 of Law No. 20/2012/QH13 stipulating and guiding the implementation of content number 09 under component number 02 and content number 02 under component number 08 of the National Target Program on New Rural Development for the period 2021-2025. certain provisions of the Lawyers Law;
c) Belonging to the case stipulated at point b, point d and point f, Clause 1 of this Article.
d) A lawyer's participation certificate in litigation shall be revoked when the organization participating in legal aid terminates its participation in legal aid as prescribed in Article 19 of the Legal Aid Law.
3. The litigation authority that has issued a participation certificate in litigation for the person providing legal aid has the right to revoke that participation certificate. The revocation document shall be sent to the person whose participation certificate in litigation is revoked and the organization implementing legal aid.
4. If a subsequent litigation authority discovers that the person providing legal aid who was previously issued a participation certificate in litigation does not meet the conditions to participate in litigation, it shall revoke the participation certificate in litigation and notify the litigation authority that issued the participation certificate in litigation, the organization implementing legal aid, and the person receiving legal aid.
The preservation of the results of participation in criminal litigation by the person whose participation certificate in litigation is revoked shall be decided by the litigation authority; for civil matters and administrative cases, it shall be decided by the person receiving legal aid and notified to the organization implementing legal aid.
5. When a legal aid officer's legal aid officer card, collaborative lawyer's lawyer card or collaborative legal aid officer card, or lawyer's lawyer card is revoked or replaced according to Clause 2 and Clause 3, Article 45 of the Legal Aid Law, or when the termination of legal aid participation is stipulated in Article 19 of the Legal Aid Law, the organization implementing legal aid must immediately notify the litigation authority in writing so that the participation certificate in litigation can be revoked.
6. When the person providing legal aid has their participation certificate in litigation revoked or is replaced, their participation in litigation activities ceases from the time of revocation of the participation certificate in litigation or replacement.
Chapter V
THE INTER-MINISTERIAL COORDINATION BOARD FOR LEGAL AID IN LITIGATION ACTIVITIES
Article 14. Central Inter-Ministerial Coordination Board on Legal Aid in Litigation Activities
1. Establish the Central Inter-Ministerial Coordination Board on Legal Aid in Litigation Activities (hereinafter referred to as the Central Inter-Ministerial Coordination Board) lto assist the Minister of Justice, the Minister of Public Security, the Minister of Finance, the Minister of National Defense, the Chief Justice of the Supreme People's Court, and the Procurator-General of the Supreme People's Procuracy in uniformly directing the coordination work in implementing legal aid in litigation activities.
2. The Minister of Justice shall decide to establish the Central Inter-Ministerial Coordination Board after receiving unanimous opinions on personnel from the central inter-ministerial sector.
The Central Inter-Ministerial Coordination Board consists of the Minister of Justice; Deputy Ministers of the Ministries of Justice, Public Security, National Defense, and Finance; Deputy Procurator of the Supreme People's Procuracy, Deputy Chief Justice of the Supreme People's Court, and Director of the Legal Aid Department under the Ministry of Justice. The Minister of Justice is the Chairman of the Board. Members of the Board work on a concurrent basis. The Ministry of Justice is the permanent agency of the Central Inter-Ministerial Coordination Board, responsible for coordinating the activities of the Central Inter-Ministerial Coordination Board as stipulated in Clause 3 of this Article. The Board uses the seal of the Ministry of Justice.
3. Examination Board consistent The Central Inter-Ministerial Coordination Board has the task of assisting the leadership of the inter-ministerial sector in researching, directing, and guiding including computer-based multiple choice tests the implementation of legal aid work in litigation; compiling statistics and reporting cases of legal aid in litigation activities; proposing necessary measures todevelopment resolve issues in legal aid work coordinate and enhance the effectiveness of coordinated legal aid in litigation; periodically summarizing and concluding annually to evaluate the implementation of this Circular; proposing the Minister of Justice to award commendations; proposing the leadership of various sectors to handle violations; resolving or proposing solutions to issues arising in practical cooperative activities, meetings of the Central Inter-Ministerial Coordination Board invite representatives of the National Bar Association to attend.
4. Supporting the Central Inter-Ministerial Coordination Board is a Working Group. The Chairman of the coordinate Central Inter-Ministerial Coordination Board decides to establish the Working Group. The Working Group for the Central Inter-Ministerial Coordination Board includes leaders of functional units of the Ministries of Justice, Public Security, Finance, National Defense, the Supreme People's Court, and the Supreme People's Procuracy.
Article 15. Inter-Ministerial Coordination Board on Legal Aid in Litigation Activities at Local Level
1. Establish the Inter-Ministerial Coordination Board on Legal Aid in Litigation Activities at provincial and centrally-administered city levels (hereinafter referred to as the Local Inter-Ministerial Coordination Board) to assist the Director of the Department of Justice, the Director of Public Security, the Director of the Department of Finance, the Procurator of the Provincial People's Procuracy, the Chief Justice of the Provincial People's Court, and the Commander of the Military Region where the headquarters is located or the Provincial Military Command (for places without a Military Region Command) in uniformly directing the coordination work in implementing legal aid in litigation activities at the local level.
2. Chairperson DECREES:The People's Committee at the provincial level decides to establish the Local Inter-Ministerial Coordination Board based on the proposal of the Director of the Department of Justice after receiving unanimous opinions from the leadership of the local inter-ministerial sector.
Examination Board coordinate The Local Inter-Ministerial Coordination Board consists of representatives of the leadership of the agencies: Justice, Public Security, Finance, People's Procuracy, People's Court at the provincial level, Office of the Military Region Command where the headquarters is located or the Provincial Military Command (for places without a Military Region Command), and the Director of the Center.
The Director of the Department of Justice is the Chairman of the Board. Members of the Board work on a concurrent basis. The Board uses the seal of the Department of Justice. The Department of Justice is the permanent agency of the Local Inter-Ministerial Coordination Board, responsible for coordinating the activities of the Local Inter-Ministerial Coordination Board as stipulated in Clause 3 of this Article.
3. The Local Inter-Ministerial Coordination Board is responsible for assisting the leadership of the local sectors in directing, guiding, monitoring, inspecting, coordinating according to this Joint Circular, resolving issues arising at the local level; organizing periodic evaluations of the quality of participation in litigation by those providing legal aid, the activities of legal aid volunteers of cadres, civil servants, and employees of various sectors; compiling statistics and reporting cases of legal aid in litigation activities at the local level; periodically summarizing and concluding annually and reporting to the leadership of various sectors and the Central Inter-Ministerial Coordination Board about the implementation of this Joint Circular; proposing the Chairman of the Provincial People's Committee and the Director of the Department of Justice to award commendations; proposing the leadership of various sectors to handle violations.
Meetings of the Local Inter-Ministerial Coordination Board invite representatives of the Bar Association; representatives of the Procuracy, Court, regional investigation agencies of the military, border guards, detention centers to attend.
4. Supporting the Local Inter-Ministerial Coordination Board is a Working Group. The Chairman of the Local Inter-Ministerial Coordination Board decides to establish the W, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP orking Group. The Working Group for the Local Inter-Ministerial Coordination Board includes the leaders of the Center, representatives of the Departments of the agencies: Public Security, Finance, People's Procuracy, People's Court at the provincial level, Office of the Military Region Command where the headquarters is located or the Provincial Military Command (for places without a Military Region Command).
5. Annually, each sector that is a member of the Local Inter-Ministerial Coordination Board is responsible for compiling reports according to the model and sending them to the permanent agency of the Local Inter-Ministerial Coordination Board no later than October 25. The permanent agency of the Local Inter-Ministerial Coordination Board is responsible for compiling reports according to the model (model TT-TGPL issued together with this Joint Circular) and sending them to the permanent agency of the Central Inter-Ministerial Coordination Board no later than November 5. The data collection period for the report is from October 1 of the previous year to September 30 of the following year.
Chapter VI
IMPLEMENTATION
Article 16.
Responsibilities for implementation1. The Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Procuracy, the Supreme People's Court; the Department of Justice, Public Security, Finance, People's Procuracy, and People's Court at the provincial level and the Military Zone Command or Provincial Military Command (in places without a Military Zone Command) shall be responsible for implementing, directing, monitoring, and inspecting the relevant units under their management in fully carrying out the contents prescribed in this Joint Circular.
2. National Defense agencies, Public Security agencies, Prosecution offices, and Courts encourage and create conditions for officials, civil servants, and employees working in their own agencies or organizations to serve as legal aid volunteers to provide legal advice to those receiving legal aid. Legal advice must comply with the provisions of the law and the internal regulations of their respective sectors.
Article 17. Funding Implementation
1. Funding coordinate Funding for legal aid activities in litigation procedures shall be included in the annual state budget estimates of each sector, including:
a) Funding for summarizing and concluding joint activities at the local level, setting up Information Boards, Information Sheets on legal aid, Legal Aid Information Boxes, legal pamphlets, and other related materials shall be included in the annual budget estimates of the Center.
b) Funding for training staff from judicial agencies shall be included in the common operating budget of these judicial agencies.
c) Funding for paying case allowances to Legal Aid Assistants and compensating volunteer lawyers by the Center and Branches shall be implemented according to current regulations.
d) Funding for inspecting and evaluating cooperation work on legal aid; copying documents, summarizing, concluding, and evaluating cooperation at the central and local levels of each sector shall be included in the annual budget estimates of that sector.
d) Funding for rewarding collectives and individuals shall be carried out in accordance with the legal provisions on commendation and reward.
2. Members of the Inter-sectoral Coordination Board and members of the Secretariat, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP of the Board shall be entitled to compensation. The compensation rate for members of the Inter-sectoral Coordination Board and members of the Secretariat is 0.3 times the minimum wage per person per month.
3. Annually, the provincial-level Public Security agency, the Military Zone Command or Provincial Military Command shall prepare budget estimates for cooperative activities in legal aid during litigation proceedings and submit them to the central authority for approval and allocation of activity funding. The Department of Justice shall prepare budget estimates for cooperative activities in legal aid during litigation proceedings within its annual common operations and submit them for approval by the competent authority. REGULAR Annually, the Supreme People's Procuracy, the Supreme People's Court, and the Ministry of Public Security shall compile proposals for funding cooperative legal aid activities during litigation proceedings from provincial-level agencies and allocate funds according to regulations. The Ministry of Justice and the Ministry of National Defense shall prepare budget estimates for cooperative activities in legal aid during litigation proceedings within their total annual operational budgets and submit them for approval by the competent authority.
Annually, the kPeople's Procuracy, the Supreme People's Court, and the Ministry of Public Security shall compile proposals for funding cooperative legal aid activities during litigation proceedings from provincial-level agencies and allocate funds according to regulations. The Ministry of Justice and the Ministry of National Defense shall prepare budget estimates for cooperative activities in legal aid during litigation proceedings within their total annual operational budgets and submit them for approval by the competent authority.
Article 18. Transitional Provisions
The Central Inter-sectoral Coordination Board on legal aid in litigation activities and the Local Inter-sectoral Coordination Board on legal aid in litigation activities shall be established in accordance with Joint Circular No. 10/2007/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated December 28, 2007, issued by 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 on legal aid in litigation activities and continue to operate in accordance with this Joint Circular.
Within three months from the date this Joint Circular takes effect, the People's Committee at the provincial level shall be responsible for establishing and improving the Local Inter-sectoral Coordination Board on legal aid in litigation activities in accordance with this Joint Circular.
Article 19. Effective Date
1. This Joint Circular shall take effect kfrom the date 21 the 8 of 2013 and replace Joint Circular No. 10/2007/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated December 28, 2007, issued by 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 on legal aid in litigation activities.
2. During the implementation process, if there are difficulties, obstacles, or new issues arising, the relevant agencies, organizations, and individuals shall have the responsibility to report to the inter-ministerial coordination 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 fordevelopment de consideration, guidance on implementation or amendment and supplementation as appropriate./.
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