Circular No. 12/2018/TT-BTP guiding certain activities of legal aid business operations and quality management of legal aid cases

CIRCULAR

Guidelines on certain operational activities and quality management of legal aid casesand the management of the quality of legal aid cases

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Pursuant to the Legal Aid Law dated June 20, 2017;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Legal Aid Agency;

The Minister of Justice issues this Circular to guide certain operational activities and quality management of legal aid cases.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain legal aid business activities and quality management of legal aid cases.

Article 2. Location for Receiving Individuals Requesting Legal Aid

1. Organizations providing legal aid shall be responsible for arranging convenient locations for beneficiaries to access and present their requests for legal aid. In cases where the content of the legal aid case requires confidentiality, the organization providing legal aid shall arrange appropriate locations.

2. Organizations implementing legal aid shall be responsible for assigning staff to receive individuals receiving legal aid during working hours.

Article 3. Contents Required to Be Publicly Displayed at the Office of the Organization Implementing Legal Aid

1. The Legal Aid Center (hereinafter referred to as the Center) shall be responsible for publicly displaying the following contents at its workplace:

a) Schedule for receiving individuals requesting legal aid;

b) Regulations for receiving individuals requesting legal aid;

c) Individuals eligible for legal aid;

d) List of persons providing legal aid from the Center;

e) Other contents (if necessary);

2. Organizations contracting to provide legal aid shall be responsible for publicly displaying the contents specified in Clause 1 of this Article at their workplace in accordance with the legal aid implementation contract.

3. Organizations registering to participate in legal aid shall be responsible for publicly displaying the contents specified in Clause 1 of this Article at their workplace within the scope of their participation in legal aid.

Article 4. Obligation to participate in mandatory training to enhance knowledge and skills of Legal Aid Assistants

1. The minimum time required for compulsory training to enhance knowledge and skills of Legal Aid Officers each year is eight hours.

2. The contents of mandatory training to enhance knowledge and skills for Legal Aid Assistants include:

a) Necessary legal knowledge for performing legal aid;

b) Skills for performing legal aid;

c) Professional rules of conduct for legal aid.

3. Forms of mandatory training to enhance knowledge and skills shall be organized in accordance with the contents prescribed in Clause 2 of this Article.

4. Legal Aid Assistants falling under any of the following cases shall not have to participate in mandatory training to enhance knowledge and skills in that year:

a) Being sent to study or being on sick leave for six months or more;

b) Being assigned to work at another agency, organization, or unit without the duty to perform legal aid;

5. Each year, the Department of Justice shall report to the Ministry of Justice on the implementation of the obligation to participate in compulsory training to enhance knowledge and skills of Legal Aid Officers within its jurisdiction, specifying the name, form, content, duration, and organizing unit of the training. If participation is not required, the reason shall be clearly stated.

Chapter II
SOME OPERATIONAL ACTIVITIES OF LEGAL AID

Article 5. Acceptance of Legal Aid Cases

1. When a request for legal aid meets the conditions for acceptance (including immediate acceptance cases as stipulated in Article 6 of this Circular), the organization providing legal aid or Branch of the Center (hereinafter referred to as Branch) shall record the case in the Register of Accepted Cases and monitor the legal aid case according to Model No. 01 issued together with this Circular.

2. The time of acceptance shall be calculated from the date when the legal aid case is recorded in the Case Register and monitored.

Article 6. Immediate acceptance of legal aid cases

1. The cases of immediate acceptance as prescribed in Clause 4 of Article 30 of the Legal Aid Law include:

a) The statute of limitations for initiating a lawsuit of the case is less than five working days;

b) The date of trial set by the decision to bring the case to trial is less than five working days;

c) Cases where defense counsel is appointed under the provisions of the Criminal Procedure Code and other cases as provided for in Clause 3, Article 31 of the Legal Aid Law, which are reported by judicial authorities to the Center;

d) Cases where the head of the organization implementing legal aid decides to avoid causing damage to the rights and legitimate interests of the person receiving legal aid.

2. Time limit for supplementing documents proving eligibility as a beneficiary of legal aid:

a) Within five working days from the date the legal aid case is accepted, the person requesting legal aid shall be responsible for providing and supplementing documents proving that they are eligible for legal aid. In cases where the beneficiary resides in areas with special economic and social difficulties or in cases of force majeure, the deadline for supplementing documents and materials is ten working days from the date the legal aid case is accepted;

b) If the person requesting legal aid fails to provide proof of eligibility for legal aid within the period specified in point a of this clause, the legal aid case will not continue to be processed. The decision not to continue processing the legal aid case shall be notified in writing by the organization providing legal aid or the legal aid provider, stating the reasons to the beneficiary.

Article 7. Monitoring Legal Aid Cases and Reporting Work

1. The organization providing legal aid shall monitor and compile data on legal aid cases in the Register of Accepted Cases. Each Branch shall maintain a Register of Accepted Cases to monitor and compile data on legal aid cases handled by the Branch and report to the Center. The closing of the register shall be conducted periodically monthly, every six months, and annually.

2. The Center shall implement regular reporting every six months and annually on the organization and operation of legal aid services; ad hoc and specialized reports as requested by the Legal Aid Administration, Ministry of Justice. Reports every six months and annually shall be carried out according to Model No. 12 issued together with this Circular, signed and stamped by the unit and sent to the Legal Aid Administration within the time limit prescribed in the Circular of the Minister of Justice on statistical activities of the Justice sector.

1. When providing legal aid, the legal aid provider must closely adhere to the request for legal aid, comply with the principles of legal aid operations, and use lawful measures to best protect the rights and interests of the beneficiary.

2. Guidance, answers, and provision of legal information in cases where the request for legal aid involves simple legal issues as stipulated in Clause 2, Article 32 of the Legal Aid Law shall be immediately provided by the person receiving the request for legal aid to the beneficiary without creating a file and shall be recorded as a legal aid service in the Register of Legal Aid Services.

3. The organization providing legal aid shall organize the collection of opinions from the beneficiary or their close relatives regarding the attitude, responsibility, expertise of the legal aid provider, and satisfaction level with litigation and non-litigation representation cases according to Model No. 11 issued together with this Circular.

Article 9. Requests for Change of Legal Aid Provider and Withdrawal of Legal Aid Requests by the Person Receiving Legal Aid

1. If the beneficiary of legal aid has grounds to believe that the legal aid provider falls under one of the circumstances prohibiting continued provision or refusal of legal aid as stipulated in Clause 1 and Clause 2, Article 25 of the Legal Aid Law, they shall submit a request for replacement of the legal aid provider according to Model No. 04 issued together with this Circular to the organization providing legal aid or Branch. Within three working days from the date of receipt of the request for replacement of the legal aid provider, the organization providing legal aid or Branch shall respond to the beneficiary according to Clause 3, Article 25 of the Legal Aid Law.

2. If the beneficiary of legal aid wishes to withdraw the request for legal aid as stipulated in point c, Clause 1, Article 37 of the Legal Aid Law, they shall submit a withdrawal request for legal aid according to Model No. 05 issued together with this Circular to the organization providing legal aid or Branch or the legal aid provider. Upon receipt of the withdrawal request for legal aid, the organization providing legal aid or Branch or the legal aid provider shall immediately respond in writing about the cessation of the legal aid case.

Article 10. Determination of the termination of legal aid case

A legal aid case terminates when it falls under one of the following circumstances:

1. The lawful request of the person receiving legal aid has been fully executed according to the form of legal aid stated in the legal aid request application.

2. It falls under one of the circumstances for not continuing the execution of the legal aid case as stipulated in Clause 1, Article 37 of the Legal Aid Law.

3. It is suspended according to the provisions of the law.

1. Each case file has a unique code, established and classified according to each form of legal aid. The case file code consists of a set of alphanumeric symbols corresponding to the name of the organization providing legal aid, the form of legal aid provided, the sequential number of the case in the Legal Aid Case Tracking Book, and the year of receipt (Example: TT.TV.01.2018). In cases where the branch carries out the work, the name of the organization providing legal aid is the abbreviated name of the branch (for example: CN1.TGTT.01.2018). The organization providing legal aid, or its branch, is responsible for creating the case file and the person providing legal aid updates it on the management software for the organization and its activities.

2. The case file for participation in litigation includes:

a) Documents and materials as prescribed in Clause 1, Article 29 of the Legal Aid Law;

b) Decision appointing the person to provide legal aid; decision changing the person providing legal aid (if applicable);

c) Defense statement or statement protecting the rights of the person receiving legal aid signed with full name of the person providing legal aid;

d) Original or copy of the investigation conclusion, indictment, judgment, decision; other procedural documents related to the legal aid case issued by the prosecution agency;

đ) Notification document of discontinuing the implementation of the legal aid case (if applicable);

e) Other documents and materials reflecting the process of implementing the legal aid case;

g) Form seeking opinions from the person receiving legal aid or their relatives.

3. The case file for legal advice includes:

a) Documents as prescribed at points a, đ, and e of Clause 2 of this Article;

b) Legal advice document signed with full name of the person providing legal aid.

4. The case file for representation outside litigation includes:

a) Documents as prescribed at points a, b, đ, e, and g of Clause 2 of this Article;

b) Document resolving the case by the competent authority or document reflecting the result of representation outside litigation;

c) Report on the work performed and results achieved within the scope of representation outside litigation signed with full name of the person providing legal aid.

1. The leadership of the organization providing legal aid, or the Branch Director (if assigned), assigns a person to review the reasonableness of the time and tasks performed for payment of remuneration and allowances for the legal aid case in accordance with the regulations.

2. The person assigned to review bases their review on the case file and reports in writing the results of the review to the leadership of the organization providing legal aid.

The following forms are attached to this Circular:

Item 1. Case registration and monitoring book for legal aid cases (Form No. 01-TP-TGPL).

2. Legal Aid Request Form (Form No. 02-TP-TGPL).

3. Complaint Form (Form No. 03-TP-TGPL).

4. Request for Change of Legal Aid Provider Form (Form No. 04-TP-TGPL).

5. Withdrawal of Legal Aid Request Form (Form No. 05-TP-TGPL).

Item 6. Decision on assignment of person to represent outside litigation (Form No. 06-TP-TGPL).

Item 7. Decision on replacement of person representing outside litigation (Form No. 07-TP-TGPL).

Item 8. Notice of refusal to accept legal aid request (Form No. 08-TP-TGPL).

Item 9. Notice of transfer of legal aid request (Form No. 09-TP-TGPL).

Item 10. Illustration of legal aid emblem (Form No. 10-TP-TGPL).

Item 11. Opinion solicitation form from the beneficiary of legal aid or their relatives (Form No. 11-TP-TGPL).

12. Legal Aid Work Report for 6 months/1 year (Form No. 12-TP-TGPL).

Chapter III
QUALITY MANAGEMENT OF LEGAL AID CASES

1. The organization providing legal aid is responsible for organizing the review of the quality of legal aid cases carried out by its own legal aid providers to ensure and improve the quality of legal aid cases. The results of the quality review of legal aid cases are documented in writing and filed in the legal aid case file. legal aid provided by legal aid practitioners of their own organizations to ensure and improve the quality of legal aid cases. The results of the quality assessment of legal aid cases are documented in writing and recorded in the legal aid case file.

2. State management agencies for legal aid are responsible for managing and organizing the evaluation of the quality of litigation and non-litigation representation cases.

1. Based on the criteria for evaluating the quality of legal aid cases stipulated in Article 16 of this Circular, the Legal Aid Department under the Ministry of Justice and the Department of Justice under the People's Committee of provinces and centrally-administered cities shall develop plans to evaluate the quality of legal aid cases, clearly defining the scope; the proportion of cases to be evaluated to ensure that legal aid providers have cases to be evaluated; the methods of conducting evaluations and other necessary conditions (if any) for the implementation of the quality evaluation of legal aid cases. The results of the quality evaluation of legal aid cases are documented in writing.

2. When conducting quality evaluations of cases, the authorized agency may invite legal aid officers, experienced lawyers, and legal experts to participate in or advise on the evaluation of complex legal aid cases. Those invited must provide written opinions on the cases requested for evaluation.

The evaluation of the quality of legal aid cases is based on the following criteria and point structure:

1. Criteria related to the professional responsibility of the legal aid provider (30 points)

a) Compliance with laws, honesty, respect for objective truth (10 points);

b) Timely explanation, guidance, and provision of information about the case to the beneficiary of legal aid (10 points);

c) Ensuring the time and progress of the case (10 points).

2. Criteria related to the implementation of legal aid (60 points)

a) Implementation of legal aid consistent with the requirements and scope assigned (05 points);

b) Collection of relevant information, documents, and evidence related to the case (10 points);

c) Research and full application of relevant legal provisions to ensure the content of legal aid is correct and consistent with the law (20 points);

d) Participation in litigation activities or non-litigation representative activities to promptly take measures to protect the legitimate rights and interests of the beneficiary of legal aid (20 points);

đ) The process of providing legal aid is fully reflected in the legal aid case file (05 points).

3. Criteria related to the satisfaction of the beneficiary of legal aid based on feedback from the beneficiary or their relatives (10 points).

1. High-quality case: A case with a total score of 90 points or higher.

2. Good-quality case: A case with a total score of 70 to less than 90 points.

3. Satisfactory-quality case: A case with a total score of 50 to less than 70 points.

4. Cases not meeting quality standards: Cases with a total score below 50 points or cases where the legal aid provider or legal aid organization violates prohibitions stipulated in Clause 1, Article 6 of the Legal Aid Law.

Chapter III
IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from October 12, 2018.

2. This Circular replaces Circular No. 05/2008/TT-BTP dated September 23, 2008, issued by the Ministry of Justice guiding legal aid business operations and state management of legal aid; Circular No. 02/2013/TT-BTP dated January 5, 2013, issued by the Minister of Justice promulgating the Quality Assessment Standards for Legal Aid Cases; and abolishes Article 1 of Circular No. 19/2011/TT-BTP dated October 31, 2011, issued by the Minister of Justice amending and supplementing certain administrative procedures regulations of Circular No. 05/2008/TT-BTP dated September 23, 2008, Circular No. 03/2008/TT-BTP dated August 25, 2008, and Circular No. 01/2010/TT-BTP dated February 9, 2010, of the Ministry of Justice.

Article 19. Responsibility for Implementation

1. The Director of the Legal Aid Agency, Heads of units under the Ministry of Justice; Directors of Provincial Departments of Justice, Directors of State Legal Aid Centers in provinces and centrally-administered cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are any difficulties, they should promptly report to the Ministry of Justice for study and resolution./.