Circular No. 18/2010/TT-BTP on Legal Advocates

CIRCULAR

Provisions on Legal Reporters

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Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 93/2008/ND-CP dated August 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Resolution No. 61/2007/NQ-CP dated December 7, 2007 of the Government on continuing the implementation of Directive No. 32-CT/TW dated December 9, 2003 of the Politburo (Term IX) on strengthening the Party's leadership in legal education and popularization work, enhancing the awareness of law observance among cadres and people;

The Ministry of Justice hereby provides for Legal Reporters as follows:

Article 1. Legal Reporters

Legal Reporters are individuals recognized by competent State authorities pursuant to this Circular with decisions to perform the task of popularizing laws.

Legal Reporters include:

1. Legal Reporters of Ministries, ministerial-level agencies, government agencies, the Central Committee of the Vietnam Fatherland Front, and political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations at the central level (hereinafter referred to as Central-Level Legal Reporters).

2. Legal Reporters of State agencies, Vietnam Fatherland Front Committees, and political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations of provinces and centrally-administered cities (hereinafter referred to as Provincial-Level Legal Reporters).

3. Legal Reporters of State agencies, Vietnam Fatherland Front Committees, and political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations of districts, counties, towns, and provincial-level cities (hereinafter referred to as District-Level Legal Reporters).  profession, social organizations, social-professional organizations of districts, counties, provincial towns, provincial cities (hereinafter referred to as the Legal Reporter at the district level).

Article 2. Standards for Legal Reporters

1. Having full capacity for civil acts.

2. Having firm political stance, good morals, and not violating the law.

3. Being recommended by their workplace.

4. Holding a Bachelor’s degree in Law for Central-Level and Provincial-Level Legal Reporters; holding a diploma in Law or higher for District-Level Legal Reporters.

In cases where an individual does not have a Bachelor’s degree in Law but holds another Bachelor’s degree, they must have at least five years of work experience for Central-Level Legal Reporters and at least three years of work experience for Provincial-Level Legal Reporters, and be knowledgeable about the relevant laws needed for popularization.

Article 3. Requirements for Popularizing Laws by Legal Reporters

Activities to popularize laws by Legal Reporters must meet the following requirements:

1.  Compliance with the law;

2.  The content of law popularization must be accurate;

3.  Easy to understand and persuasive.

Article 4. Scope of Activities of Legal Reporters

Legal Reporters directly popularize laws at their workplaces and participate in popularizing laws for other subjects when requested.

Article 5. Legal Reporter Card

Article 5. Legal Reporter Cards 1. The Legal Reporter Card identifies the legal status of the Legal Reporter when

performing the task of popularizing laws.

Article 6. Competence to Recognize and Issue Legal Inspector Cards 

1. The Minister of Justice decides to recognize and issue Legal Inspector Cards for central-level Legal Inspectors.

2. The Chairman of the People's Committee at the provincial and district levels decides to recognize and issue Legal Inspector Cards for Legal Inspectors at the same level.

Article 7. Procedures and Documents for Recognizing and Issuing Legal Inspector Cards

1. Procedures for recognizing and issuing Legal Inspector Cards:

a) Units under the Ministry of Justice select civil servants from their units who meet the criteria stipulated in this Circular, compile a list, and submit it to the Department of Legal Propaganda and Education for consideration by the Minister of Justice to decide on recognition and issuance of Legal Inspector Cards.

b) Legal affairs organizations of Ministries, agencies equivalent to ministries, government agencies; units assigned tasks to manage and organize the implementation of legal propaganda work of the Central Vietnam Fatherland Front and political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations at the central level take the lead and guide subordinate units and organizations within their agencies to select officials and civil servants who meet the criteria stipulated in this Circular, compile a list, and submit it for consideration by the leadership of the Ministries, agencies equivalent to ministries, government agencies, the Central Vietnam Fatherland Front, and political-social, political-social-professional, social, and social-professional organizations at the central level to have a written request submitted to the Minister of Justice to decide on recognition and issuance of Legal Inspector Cards.

c) Provincial Departments of Justice; District, County, City, and Town Justice Offices are responsible taking the lead, to guide state agencies, Vietnam Fatherland Front Committees, political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations at the same level to select and compile lists of officials and civil servants from their agencies and units who meet the criteria stipulated in this Circular, report to the leadership of their agencies and units for consideration, and submit written reports to the same-level Justice Office, which will then submit to the Chairman of the People's Committee to decide on recognition and issuance of Legal Inspector Cards.

2. Documents for requesting recognition as a Legal Inspector include:

a) A letter requesting recognition from the agencies and organizations specified in Clause 1 of this Article;

b) A list of individuals proposed for recognition as Legal Inspectors;

c) Two color passport-sized photographs (3x4 cm).

3. Within five working days from the date of receipt of complete documents as prescribed in this Circular, the Minister of Justice, the Chairman of the People's Committee at the provincial and district levels shall issue a decision to recognize and issue Legal Inspector Cards. 

Article 8. Replacement and Reissuance of Legal Inspector Cards

In cases where the Legal Inspector Card is torn, damaged during use, or lost, the holder of the card may apply for replacement or reissuance.

Within five working days from the date of receiving the application for replacement or reissuance from the cardholder and the written request from the direct management agency of the Legal Inspector, the Department of Legal Propaganda and Education under the Ministry of Justice, and the provincial or district Justice Office shall examine and submit to the Minister of Justice, the Chairman of the People's Committee at the provincial and district levels for replacement or reissuance of the Legal Inspector Card.

Article 9. Revocation of Legal Inspector Cards

1. Legal Inspector Cards shall be revoked in the following cases:

a) The cardholder violates laws to the extent that they are criminally prosecuted;

b) b) Is indefinitely suspended from using the Legal Inspector Cardor suspended for a limited period of time two or more times as provided for in Clause 3, Article 34 of Government Decree No. 60/2009/NĐ-CP dated July 23, 2009, on administrative penalties in the field of justice; c) Violates the provisions of Clause 1  

2. Competence to revoke Legal Inspector Cards, 2 Article 11 3. For discounting transferable instruments and other securities:

a) The Minister of Justice issues a decision to revoke Legal Inspector Cards for central-level Legal Inspectors upon the proposal of Ministries, agencies equivalent to ministries, government agencies, the Central Vietnam Fatherland Front, and political-social, political-social-professional, social, and social-professional organizations at the central level

and the Director of the Department of Legal Propaganda and Education under the Ministry of Justice; b) The Chairman of the People's Committee at the provincial and district levels issues a decision to revoke Legal Inspector Cards upon the proposal of the same-level Justice Office.

Within five working days from the date of receipt of the proposal from the individual or organization specified in Clause 2 of this Article, the Minister of Justice, the Chairman of the People's Committee at the provincial and district levels shall issue a decision to revoke Legal Inspector Cards according to the competence prescribed in this Circular.

Within five working days from the date of receiving the request from individuals or organizations as specified in Clause 2 of this Article, the Minister of Justice, the Chairman of the People's Committee of the province or district shall issue a decision to revoke the Legal Reporter Card in accordance with the authority prescribed in this Circular.

Article 10. Rights of Legal Reporters

1. To be provided with necessary legal information and materials for the dissemination of laws.

2. To participate in training courses to enhance professional knowledge and skills.

3. To use the Legal Reporter Card to carry out activities related to the dissemination of laws.

4. To receive remuneration from the activities of disseminating laws as stipulated or agreed upon. 

5. Other benefits as prescribed by law.

Article 11. Obligations of Legal Reporters

1. To speak accurately on the Party's guidelines, policies; to convey the contents of legal normative documents correctly; not to disclose state secrets during the process of disseminating laws.

1.1. Collecting domestic information Not to exploit the status of Legal Reporter to engage in activities outside their assigned tasks for personal gain or to abuse the dissemination of laws to incite harm to national security, political stability, social order and safety, cultural traditions, ethics, and customs of the nation.

3. To perform dissemination activities of laws effectively; to ensure the dissemination plan of laws as proposed.

4. To study professionally, improve skills, understand practical situations, and gather information to enhance the dissemination of laws.

5. To report periodically every six months to the directly managing agencies and judicial organs at the same level about the situation of their activities in disseminating laws.

6. To return the Legal Reporter Card in cases prescribed in Clause 1, Article 9 of this Circular.

Article 12. Tasks of Judicial Organs, Legal System Organizations towards the Organization and Activities of Legal Reporters

Judicial organs, Legal System organizations, units entrusted with the task of managing and implementing the dissemination of laws of the Central Committee of the Vietnam Fatherland Front and political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations at all levels shall have the following tasks: 

1. To take the lead and closely coordinate with relevant units and organizations to assist leadership at their own level and People's Committees at all levels in building, consolidating, and improving the Legal Reporter team.

2. To take the lead in developing work plans, budgeting funds for training, compiling materials for the Legal Reporter team.

3. To manage the activities of disseminating laws by Legal Reporters.

4. To guide and regularly train professional knowledge and skills for Legal Reporters.

5. To provide necessary information and materials for Legal Reporters.

6. To exchange and unify opinions with directly managing agencies and organizations to create favorable conditions for Legal Reporters to fulfill their tasks in disseminating laws.

7. To take the lead and coordinate with relevant agencies and organizations to conduct mid-term and final reviews, and implement commendation and reward activities for the dissemination of laws by Legal Reporters. 

8. To publicly announce the list of Legal Reporters on the website of the Ministry of Justice and provincial People's Committees.

Article 13. Effective Date

This Circular takes effect forty-five days from the date of signature.

Decision No. 210/1999/QĐ-BTP dated July 9, 1999 of the Minister of Justice on the issuance of the Legal Reporter Regulations ceases to be effective from the date this Circular takes effect.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

Ministries, ministerial-level agencies, government agencies, The Central Committee of the Vietnam Fatherland Front and political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations, Chairmen of Provincial People's Committees under the central government; Heads of the Popularization and Legal Education Department, the Cadre and Civil Servant Organization Department, Heads of units under the Ministry of Justice; Leaders of Legal System Organizations of ministries, ministerial-level agencies, and government agencies; Directors of Justice Departments of provinces and centrally-administered cities are responsible for implementing this Circular./.