Joint Circular No. 209/2012/TTLT-BTC-BTP guiding the establishment, management, use, and settlement of funds ensuring the operation of state legal aid agencies.

JOINT CIRCULAR

GUIDELINES ON THE ESTABLISHMENT, MANAGEMENT, USE AND SETTLEMENT OF FUNDS TO ENSURE THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS

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Pursuant to the Law on National Financial Management dated June 25, 2015;âBOOK OF LAWS ON LEGAL AID 16TH DECEMBER 2002;

BASED ON THE LEGAL AID LAW ON SEPTEMBER 29,June 2024;dated June 6, 2006;

BASED ON DECREE NO. 07/2007/NĐ-CPtoy 12NDJune 2024;JANUARY 2007 OF THE GOVERNMENTDeputy ministers of ministerial-level agencies, PROVIDING FOR EXPENSES This Circular applies to individuals who have worked at the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations that perform tasks within one of the fields listed in Article 3 of this Circular after ceasing to hold their positions. and guidingFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to enforce the Law on Publishingi Pursuant to Decree No. 11/2020/NĐ-CP dated October 15, 2020 of the Government detailing implementation of certain provisions and measures for organizing the implementation of the Law on Petitions;No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonOF Law LEGAL AIDintention;

Pursuant to DecreeNo. DECREE NO. 93/2008/NĐ-CP OF AUGUST 22, 2008 OF THE GOVERNMENT"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation.""4. As of March 31, 2021, credit card issuers that issue cards with BINs issued by the State Bank of Vietnam must comply with the Domestic Chip Card Standard."on2. Applicability.to 1. Staff responsible for issuing, renewing, and reissuing citizen identification cards., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ||| on the organization of the Ministry of Justice;

On the basis of Government Decree No. 112008/N3. Amend Clause 3 Article 2 as follows:CP OF AUGUST 27,11At the proposal of the Director of the Tax Policy Departmentto 1. Staff responsible for issuing, renewing, and reissuing citizen identification cards., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP chức của Bộ Tài chính"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."c) Supplementing point c of Clause 3 as follows:

THE MINISTER OF FINANCE AND THE MINISTER OF JUSTICE ISSUE JOINT CIRCULAR GUIDING THE ESTABLISHMENT, MANAGEMENT, USE AND SETTLEMENT OF FUNDS TO ENSURE THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS AS FOLLOWS:in1. THIS CIRCULAR GUIDES THE ESTABLISHMENT, MANAGEMENT, USE AND SETTLEMENT OF FUNDS TO ENSURE THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS (LEGAL AID COUNCIL, NATIONAL LEGAL AID CENTER AND BRANCHES OF THE NATIONAL LEGAL AID CENTER) HEREINAFTER REFERRED TO AS STATE LEGAL AID ORGANIZATIONS.to Sports.policies2. FUNDS TO ENSURE THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS AT ANY LEVEL SHALL BE GUARANTEED BY THE BUDGET OF THAT LEVEL IN ACCORDANCE WITH THE PROVISIONS OF THE STATE BUDGET LAW AND SHALL BE COMBINED INTO THE ANNUAL BUDGET PROPOSAL OF THE ORGANIZATION."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." bn l3. FUNDS FOR THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS MUST BE USED FOR THE INTENDED PURPOSES AND FOR THE TARGET GROUPS ACCORDING TO THE CURRENT STANDARDS AND REGULATIONS ON FINANCIAL EXPENSES, AND SHALL IMPLEMENT THE SYSTEM OF REPORTING AND SETTLEMENT OF FUNDS ALREADY USED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.n lARTICLE 2. SOURCES OF FUNDS TO ENSURE THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS SOURCES OF FUNDS TO ENSURE THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS INCLUDE: 1. FUNDS FROM THE STATE BUDGET;

Article 1. Scope and Applicability

2. FUNDS SUPPORTED FROM THE LEGAL AID FUND (IF ANY);

3. FUNDS FROM DOMESTIC AND FOREIGN INDIVIDUALS AND ORGANIZATIONS (IF ANY).

ARTICLE 3. CONTENTS OF EXPENSES FOR THE OPERATIONS OF STATE LEGAL AID ORGANIZATIONS

1. EXPENSES FOR PAYMENTS TO INDIVIDUALS: SALARIES, WAGES, ALLOWANCES, CONTRIBUTIONS ACCORDING TO SALARIES (SOCIAL INSURANCE, HEALTH INSURANCE, UNION FEES, UNEMPLOYMENT INSURANCE - IF ANY), AWARDS, COLLECTIVE BENEFITS, AND OTHER PAYMENTS TO INDIVIDUALS AS PROVIDED BY LAW.

2. EXPENSES FOR PUBLIC SERVICES, RENTAL FEES, PURCHASE OF BOOKS AND DOCUMENTS TO SUPPORT LEGAL AID WORK.

3. EXPENSES FOR CONFERENCES, DOMESTIC TRAVEL COSTS, EXPENSES FOR OVERSEAS TRIPS AND RECEIVING FOREIGN DELEGATIONS; EXPENSES FOR BUILDING LEGAL AID REGULATORY DOCUMENTS AND OTHER REGULAR EXPENSES TO SUPPORT THE WORK OF LEGAL AID ORGANIZATIONS.

4. EXPENSES RELATED TO LEGAL AID BUSINESS INCLUDE:

a) EXPENSES FOR LEGAL ADVICE, PARTICIPATION IN LITIGATION, REPRESENTATION OUTSIDE LITIGATION, MEDIATION, AND OTHER FORMS OF LEGAL AID TO THE PERSONS RECEIVING LEGAL AID IN THE AREAS OF LEGAL AID AS PROVIDED IN ARTICLE 34 OF DECREE NO. 07/2007/NĐ-CP OF JANUARY 12, 2007 OF THE GOVERNMENT;

b) EXPENSES FOR MOBILE LEGAL AID, SUPPORT FOR THE ACTIVITIES OF LEGAL AID CLUBS (HEREAFTER REFERRED TO AS CLUBS), SPECIALIZED LEGAL ACTIVITIES: EXPENSES FOR MAKING BANNERS, SLOGANS, POSTERS, BULLETINS, DISTRIBUTION OF LEGAL INFORMATION, FOLDERS, POCKET BOOKS, LEGAL GUIDES, AND OTHER LEGAL DOCUMENTS; EXPENSES FOR COPYING DOCUMENTS RELATED TO LEGAL AID CASES TO SUPPORT THE ACTIVITIES OF LEGAL AID CLUBS; EXPENSES FOR TRAVEL AND TRANSLATION FEES FOR VOLUNTEERS AND STAFF PARTICIPATING IN LEGAL AID WHEN MOVING AROUND, ATTENDING SPECIALIZED LEGAL ACTIVITIES WITH CLUBS, EXPENSES FOR TRAINING REPORTERS, VOLUNTEER GUIDES FOR LEGAL ACTIVITIES, LEGAL AID CLUBS; EXPENSES FOR HIRING GUIDES AND TRANSLATORS FOR ETHNIC LANGUAGES (IF ANY) TO SUPPORT THE ACTIVITIES OF LEGAL AID CLUBS. THE LOCATION OF CLUB ACTIVITIES, DRINKING WATER IS SUPPORTED BY THE PEOPLE'S COMMITTEE OF THE COMMUNE, WARD, TOWN;

c) EXPENSES FOR VERIFICATION OF LEGAL AID CASES: TRAVEL EXPENSES FOR VERIFICATION OF CASES, EXPENSES FOR INFORMATION PROVIDERS, INTERPRETERS, COPIES OF RELATED FILES; EXPENSES FOR COURT FEES FOR ISSUING COPIES OF JUDGMENTS AND DECISIONS OF TRIAL COURTS AND OTHER RELATED FEES;

d) EXPENSES FOR SEEKING EXPERT OPINIONS IN COMPLEX LEGAL AID CASES, IMPLEMENTATION OF QUALITY CHECKS AND EVALUATIONS OF LEGAL AID CASES;

đ) EXPENSES FOR INFORMATION AND COMMUNICATION WORK ON LEGAL AID; PARTICIPATION IN THE DISSEMINATION AND EDUCATION OF THE LAW TO THE PUBLIC THROUGH MASS MEDIA (NEWSPAPERS, MAGAZINES, RADIO, TELEVISION...) AND OTHER FORMS (COMPILE, PRINT, ISSUE FOLDERS, LEGAL GUIDES, POCKET BOOKS, INFORMATION BOXES, WEBSITES AND OTHER PUBLICATIONS AND DOCUMENTS);

e) EXPENSES FOR TRAINING AND ENHANCING PROFESSIONAL SKILLS AND LEGAL AID TECHNIQUES AND ETHICAL RULES FOR LEGAL AID ADVOCATES AND VOLUNTEERS OF THE NATIONAL LEGAL AID CENTER AND ITS BRANCHES (HEREAFTER REFERRED TO AS THE CENTER AND BRANCHES) TO ENSURE LEGAL AID; EXPENSES FOR TRAINING MEMBERS OF THE LEGAL AID CLUB CHAIRMAN'S BOARD ON ORGANIZATIONAL SKILLS AND UPDATING NEW LEGAL KNOWLEDGE; EXPENSES FOR SUPPORTING PROFESSIONAL TRAINING FOR ORGANIZATIONS PARTICIPATING IN LEGAL AID.

IN THE CASE WHERE PERSONS PARTICIPATING IN LEGAL AID FROM LAW FIRM OFFICES; LEGAL COMPANIES; LEGAL CONSULTATION CENTERS BELONGING TO POLITICAL-SOCIAL ORGANIZATIONS, PROFESSIONAL POLITICAL-SOCIAL ORGANIZATIONS, SOCIAL-PROFESSIONAL ORGANIZATIONS ARE SENT TO ATTEND PROFESSIONAL SKILL TRAINING CLASSES BY THE ABOVE ORGANIZATIONS AND COMPANIES, THEN THE CENTER WILL SUPPORT LEARNING MATERIAL FEES AND RELATED CLASSROOM EXPENSES. SEPARATELY, MEAL, LODGING, AND TRAVEL EXPENSES ARE SELF-FUNDED BY THE PARTICIPANTS OR SUPPORTED BY THE UNIT MANAGING THE PARTICIPANT'S ATTENDANCE.

g) EXPENSES FOR RESEARCH, SURVEYS, ORGANIZATION OF SEMINARS, ROUND TABLE DISCUSSIONS, AND EXPERIENCE EXCHANGE RELATED TO LEGAL AID ACTIVITIES;

h) EXPENSES FOR SURVEYING ORGANIZATIONAL MODELS AND EXPERIENCES IN LEGAL AID ACTIVITIES BOTH DOMESTICALLY AND INTERNATIONALLY;

i) EXPENSES FOR QUALITY CHECKS AND EVALUATIONS OF LEGAL AID CASES; GUIDANCE AND SUPERVISION OF LEGAL AID CLUB ACTIVITIES.

k) EXPENSES FOR DEVELOPING GUIDES AND DOCUMENTS FOR LEGAL AID BUSINESS;

l) EXPENSES FOR LEGAL AID VOLUNTEERS INCLUDING:

In the case where individuals participating in legal aid from Law Offices; Law Companies; Legal Counseling Centers under political-social organizations, political-professional social organizations, social-professional organizations are sent to attend training courses on legal aid skills by the aforementioned organizations and companies, they shall be supported by the Center with learning materials expenses and related class costs. However, food, accommodation, and travel expenses shall be self-funded by the individual participants or covered by the sending unit.

g) Expenses for research, investigation, survey, organizing seminars, roundtable discussions, and experience exchanges related to legal aid activities;

h) Expenses for surveying organizational models and operational experiences in legal aid both domestically and internationally;

i) Expenses for quality control and assessment of legal aid cases; inspection and guidance of legal aid club activities;

k) Expenses for developing books and materials guiding legal aid practices;

l) Expenses for legal aid collaborators including:

- Expenses for allowances for collaborators in handling legal aid cases;

- Administrative expenses when collaborators provide legal aid: office supplies costs, photocopying costs of documents, communication costs with the beneficiaries of legal aid or their relatives directly serving the provision of legal aid;

- Travel expenses when collaborators travel on business to serve the resolution of legal aid cases;

In addition to allowances and expenses paid by the Center or Branch as prescribed, collaborators shall not request additional payments from the beneficiaries of legal aid or their relatives;

m) Expenses for mid-term and final reviews, reporting systems, and statistics related to the organization and operation of legal aid;

n) Expenses for establishing information technology databases to support legal aid, application and development of information technology;

o) Expenses for organizing legal aid competitions;

p) Expenses for rewarding groups and individuals with outstanding achievements in legal aid work, inter-departmental cooperation in legal aid activities, gender equality assurance, inter-departmental cooperation in legal aid for ethnic minorities, and other inter-departmental cooperation activities in legal aid as decided by competent authorities;

For Law Offices, Legal Companies, Legal Counseling Centers, and individuals belonging to these organizations, when they are rewarded by state agencies with authority, they shall enjoy monetary rewards along with other forms of recognition as prescribed;

q) Expenses for inter-departmental cooperation in legal aid activities, gender equality assurance, inter-departmental cooperation in legal aid for administrative complaints, administrative acts, and inter-departmental cooperation in legal aid for ethnic minorities, including expenses for working delegations, information dissemination, publicity activities, training and professional development, research, investigation, surveys, seminars, roundtable discussions on inter-departmental legal aid activities, supervision and inspection, summary meetings, implementation of reporting and statistical systems, rewards for groups and individuals with outstanding achievements in inter-departmental legal aid activities, and other expenses as prescribed by law;

5. Expenses for purchasing, repairing equipment and facilities serving legal aid activities and major repairs of fixed assets;

6. Expenses for implementing legal aid policies in poverty reduction programs and other national target programs related to legal aid activities;

7. Expenses for implementing projects funded by foreign sources based on agreements with sponsors that have been signed;

8. Expenses within the scope of support provided by the Legal Aid Fund in accordance with Circular No. 174/2012/TT-BTC dated October 22, 2012, issued by the Ministry of Finance guiding financial management for the Vietnam Legal Aid Fund;

Article 4. Levels of expenditure

1. The contents of expenses for legal aid work shall be implemented in accordance with current financial expenditure standards and norms. Specifically, as follows:

a) Travel expenses for those traveling domestically (including legal aid collaborators); expenses for inspection and quality assessment teams of legal aid cases, inter-departmental cooperation in legal aid activities in litigation, gender equality assurance, inter-departmental cooperation in legal aid for administrative complaints, administrative acts, and inter-departmental cooperation in legal aid for ethnic minorities, carried out in accordance with Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, regarding travel expense regulations and meeting expense regulations for state agencies and public service units;

b) Expenses for drafting legal regulatory documents on legal aid:

- For legal regulatory documents of Ministries and central agencies: Implemented in accordance with Joint Circular No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010, issued by the Ministry of Finance, the Ministry of Justice, and the Government Office, guiding the preparation of budgets, management, use, and settlement of state budget funds to ensure the work of drafting legal regulatory documents and perfecting the legal system;

- For legal regulatory documents of localities: Implemented in accordance with Joint Circular No. 47/2012/TTLT-BTC-BTP dated March 16, 2012, issued by the Ministry of Finance and the Ministry of Justice, regarding the preparation of budgets, management, use, and settlement of state budget funds to ensure the work of drafting and perfecting legal regulatory documents of People's Councils and People's Committees;

c) Expenses for organizing training and professional development for legal aid officers, collaborators, and persons performing legal aid from participating organizations, and for applying information technology, carried out in accordance with Circular No. 139/2010/TT-BTC dated September 21, 2010, issued by the Ministry of Finance, regarding the preparation of budgets, management, and use of state budget funds for civil servant training and development;

d) Expenses for organizing meetings, conferences, mid-term and final reviews, seminars, and roundtable discussions on legal aid, inter-departmental cooperation in legal aid activities in litigation, gender equality assurance, inter-departmental cooperation in legal aid for administrative complaints, administrative acts, and inter-departmental cooperation in legal aid for ethnic minorities, carried out in accordance with Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, regarding travel expense regulations and meeting expense regulations for state agencies and public service units;

d) Expenses for organizing surveys and investigations on legal aid conducted in accordance with Circular No. 58/2011/TT-BTC dated May 11, 2011 of the Ministry of Finance on management, use, and settlement of funds for conducting surveys and statistics;

e) Payment of fees for issuing copies of judgments and decisions of judicial organs and other related fees in accordance with laws on fees and charges;

g) Expenses for establishing an electronic database system to serve legal aid work carried out in accordance with the Ministry of Finance's guidelines on expenditure levels for creating electronic information under information technology and current regulations on information technology, as well as construction and management of database systems;

h) Translation expenses from Vietnamese to ethnic minority languages, from Vietnamese to foreign languages, and vice versa, implemented in accordance with Joint Circular No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010 of the Ministry of Finance, the Ministry of Justice, and the Government Office guiding the preparation of budgets, management, use, and settlement of state budget funds to ensure legislative work and the completion of the legal system;

i) Expenses for organizing national and local legal aid competitions conducted in accordance with Joint Circular No. 73/2010/TTLT-BTC-BTP dated May 14, 2010 of the Ministry of Finance and the Ministry of Justice guiding the preparation, management, use, and settlement of funds to ensure legal education and dissemination activities;

k) Communication expenses: making Information Boards, Legal Aid Information Boxes, printing pamphlets, legal guides, notebooks, books, and other legal aid publications, forms, templates, and documents serving legal aid activities; communication expenses through mass media: applying the regime, norms, and unit prices of similar industries;

l) Expenses for compiling books and materials guiding legal aid business operations carried out in accordance with Circular No. 123/2009/TT-BTC dated June 17, 2009 of the Ministry of Finance on the content and expenditure levels for developing framework programs and compiling courses and textbooks for vocational secondary education (at the level of vocational secondary education);

m) Expenses for surveying legal aid activities abroad carried out in accordance with Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Ministry of Finance on travel expense allowances for civil servants going on short-term missions abroad funded by the state budget;

n) Expenses for ensuring gender equality in organizational staffing and legal aid activities carried out in accordance with the Ministry of Finance's guidelines on managing and using funds for gender equality and women's advancement activities;

o) Reward expenses for collectives and individuals with outstanding achievements in legal aid work, inter-departmental cooperation in legal aid during litigation activities, ensuring gender equality, cooperation in providing legal aid for administrative complaints and actions, and cooperation in providing legal aid for ethnic minorities, in accordance with current regulations on commendation and rewards;

Office supply costs, photocopying expenses, mailing costs: based on valid invoices and receipts in accordance with current regulations;

During implementation, if the referenced documents for application in this Joint Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the new documents;

2. State legal aid agencies must comply with the above provisions and current financial expenditure regimes when using funds allocated for legal aid work. Additionally, this Joint Circular provides guidance on certain expenditure levels for legal aid work (as attached in the Appendix);

Within the annual allocated budget, the head of the agency or unit decides specific expenditure levels but must not exceed the maximum expenditure levels or the prescribed expenditure ranges set forth in this Joint Circular.

Article 5. Establishment, Implementation, and Settlement of Funds for Legal Aid Activities

The establishment, implementation, and settlement of funds for legal aid activities shall be carried out in accordance with the provisions of the State Budget Law, the Accounting Law, and other guiding documents implementing these laws. This Circular provides additional guidance on certain specific points as follows:

1. Preparation of Budget Estimates and Allocation of Budget Estimates:

When preparing annual budget estimates, in addition to preparing budget estimates for the regular operations of agencies in accordance with current regulations, based on the requirements of legal aid work, state legal aid agencies must clearly explain the special operational costs of legal aid activities and propose funding from the Legal Aid Fund, as well as from national programs and projects. The operating funds of the National Legal Aid Center include the operating funds of its Branches and Legal Aid Clubs.

When allocating budget estimates to state legal aid agencies, competent authorities must specifically allocate both regular operating funds and special operational costs for legal aid activities.

2. Management and Settlement of Operating Funds of State Legal Aid Agencies Shall Be Carried Out in Accordance With Current Regulations.

3. For funds from the Legal Aid Fund, the preparation of budget estimates, utilization, and settlement of funds shall be conducted in accordance with Circular No. 174/2012/TT-BTC dated October 22, 2012, issued by the Ministry of Finance, guiding financial management of the Vietnam Legal Aid Fund.

Article 6. Implementation Organization

This Circular takes effect from January 15, 2013, and replaces Joint Circular No. 81/2008/TTLT-BTC-BTP dated September 25, 2008, jointly issued by the Ministry of Finance and the Ministry of Justice, guiding the preparation, management, utilization, and settlement of funds for the operations of state legal aid agencies. During the process of implementation, if there are difficulties or obstacles arising, it is recommended that localities report to the Ministry of Finance and the Ministry of Justice for study, amendment, and supplementation in a timely and appropriate manner.

During the process of implementation, if there are difficulties or obstacles arising, it is recommended that localities report to the Ministry of Finance and the Ministry of Justice for study, amendment, and supplementation in a timely and appropriate manner./.