Circular No. 21/2013/TT-BTP stipulates the procedures and formalities for recognizing, dismissing legal advisors and recognizing, discontinuing legal propagandists, and some measures to ensure the operation of legal advisors and legal propagandists.

CIRCULAR

Specifies the procedures and formalities for recognizing, appointing, and dismissing legal reporters; recognizing and dismissing legal propagandists, and certain measures to ensure the activities of legal reporters and legal propagandists.

recognizing,dismissing legal propagandists and certain measures

ensuring the operationof legal reporters and legal propagandists

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BASED ON THE LAW ON LEGAL AWARENESS AND EDUCATION 2012;

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 28/2013/NĐ-CP dated 04 the 4 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).of the Government detailing some provisions and implementation measures of the Law on Popularizing and Promoting Legal Knowledge;

at the proposal of the Director of the Department of Popularizing and Promoting Legal Knowledge,

The Minister of Justice issues this Circular specifying the procedures and formalities for recognizing, appointing, and dismissing legal reporters; recognizing and dismissing legal propagandists, and certain measures to ensure the activities of legal reporters and legal propagandists.                                                      

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This circular specifies the procedures and formalities for recognizing, appointing, and dismissing legal reporters; recognizing and dismissing legal propagandists, and certain measures to ensure the activities of legal reporters and legal propagandists.

Article 2Scope of activities of legal reporters and legal propagandists

1. Legal reporters of Ministries, ministerial-level agencies, central agencies under the Government, the Central Committee of the Vietnam Fatherland Front, and central agencies of member organizations of the Fatherland Front (hereinafter referred to as central legal reporters) shall carry out the popularization and promotion of legal knowledge throughout the country.

2. Legal reporters of state agencies, People's Committees of Vietnam Fatherland Front, and member organizations of the Fatherland Front at provincial level and centrally-administered cities (hereinafter referred to as provincial legal reporters) shall carry out the popularization and promotion of legal knowledge within their respective provinces or centrally-administered cities. where they are recognized as legal reporters.

3. Legal reporters of state agencies, People's Committees of Vietnam Fatherland Front, and member organizations of the Fatherland Front at district level, town level, urban districts, and towns under provinces (hereinafter referred to as district-level legal reporters) shall carry out the popularization and promotion of legal knowledge within their respective districts, towns, urban districts, or towns under provinces. where they are recognized as legal reporters.

4. Legal propagandists at commune, ward, and town levels (hereinafter referred to as commune-level legal propagandists) shall carry out the popularization and promotion of legal knowledge within their respective communes, wards, or towns where they are recognized as legal propagandists.

Chapter II

PROCEDURES AND FORMALITIES FOR RECOGNITION AND REMOVAL

 OF LEGAL REPORTERS

Article 3. Application for recognition of legal reporters

1. Ministries, ministerial-level agencies, central agencies under the Government, the Central Committee of the Vietnam Fatherland Front, and central agencies of member organizations of the Fatherland Front (hereinafter collectively referred to as ministries, sectors, and mass organizations) shall direct the legal affairs units, units entrusted with legal affairs work, and legal education and promotion work of the ministries, sectors, and mass organizations themselves to select and compile lists of cadres, civil servants, public officials, and military officers in the people's armed forces who meet the criteria stipulated in Clause 2 of Article 35 of the Law on Popularizing and Promoting Legal Knowledge for submission to the leadership of the ministries, sectors, and mass organizations for consideration, compilation of files, and submission to the Minister of Justice for consideration and decision on the recognition of legal reporters.

2. Specialized agencies of provincial-level People's Committees (hereinafter collectively referred to as provincial-level People's Committees), People's Committees of Vietnam Fatherland Front and member organizations of the Fatherland Front at provincial level and centrally-administered cities, Public Security Departments of provincial level and centrally-administered cities, Command of the Capital City, Military Command of Provinces, Border Guard Command of provincial level and centrally-administered cities shall direct the legal affairs units, units entrusted with legal affairs work, and legal education and promotion work of their agencies, organizations, and units to select and compile lists of cadres, civil servants, public officials, and military officers in the people's armed forces who meet the criteria stipulated in Clause 2 of Article 35 of the Law on Popularizing and Promoting Legal Knowledge for submission to the leadership of their agencies, organizations, and units for consideration, compilation of files, and submission to the Department of Justice for consolidation and submission to the Chairman of the provincial-level People's Committee (hereinafter collectively referred to as the Chairman of the provincial-level People's Committee) for consideration and decision on the recognition of legal reporters.

3. Specialized agencies of district-level People's Committees, People's Committees of Vietnam Fatherland Front and member organizations of the Fatherland Front at district level, Public Security Departments of district level, Military Command of Districts, and Towns under Provinces shall select and compile files of cadres, civil servants, public officials, and military officers in the people's armed forces who meet the criteria stipulated in Clause 2 of Article 35 of the Law on Popularizing and Promoting Legal Knowledge for submission to the Justice Office for consolidation and submission to the Chairman of the district-level People's Committee (hereinafter collectively referred to as the Chairman of the district-level People's Committee) for consideration and decision on the recognition of legal reporters.

Article 4. Application file for recognition of legal reporters

1. The application file for recognition of legal reporters shall be compiled into one set, including:

a) A letter requesting the recognition of legal reporters from the agency or organization as specified in Article 3 of this Circular;

b) A list of individuals proposed for recognition as legal reporters according to Model No. 01 issued together with this Circular.

2. The application file for recognition of legal reporters shall be submitted directly or through postal service to the Ministry of Justice (for central legal reporters), the Department of Justice (for provincial legal reporters), or the Justice Office (for district-level legal reporters), clearly marked on the envelope as an application file for recognition of legal reporters.

In case the application file is not valid, the receiving agency shall return the file and provide a written notice of the reasons within five working days from the date of receipt of the file.

Article 5. Decision to Recognize Legal Reporters

1\. Within five working days from the date of receiving valid files, the competent authority deciding to recognize legal reporters as stipulated in Clause 3, Article 35 of the Law on Popularizing and Promoting Legal Education shall examine and issue a decision to recognize legal reporters.

2\. The decision to recognize legal reporters shall be sent to the agency, organization that requests recognition of legal reporters and the legal reporter; it shall be publicly announced in accordance with Point b, Clause 2, Article 16 of this Circular.

3\. Legal reporters may engage in activities to popularize and promote legal education from the date the decision recognizing legal reporters takes effect.

Article 6. Cases of Removal of Legal Reporters

The removal of legal reporters shall be carried out when the legal reporter falls under one of the following cases:

1\. Voluntarily requesting to cease serving as a legal reporter;

2\. No longer being a civil servant, public official, officer in the people's armed forces;

3. Not meeting the criteria Article 2. Effectiveness of enforcement stipulated in Clause 2, Article 35 of the Law on Popularizing and Promoting Legal Education;

4. Refusing to perform tasks assigned for popularizing and promoting legal education by the directly managing agency or organization without a legitimate reason three times or more;;

5. Committing one of the prohibited acts Article 2. Effectiveness of enforcement stipulated in Article 9 of the Law on Popularizing and Promoting Legal Education;

6. Being sentenced by a Court and a judgment that has taken legal effect;

 7. Being restricted or losing capacity for civil conduct.

Article 7. Proposal to Remove Legal ReportersLegal system organizations, units entrusted with the responsibility of legal system work, popularizing and promoting legal education of Ministries, sectors, mass organizations shall prepare a list for their leaders to review, prepare a file to propose the Minister of Justice to review and decide on removal

1. of central legal reporterst s 2\. Legal system organizations, units entrusted with the responsibility of legal system work, popularizing and promoting legal education of agencies, organizations, units as stipulated in Clause 2, Article 3 of this Circular shall prepare a list for their leaders to review, prepare a file to submit to the Department of Justice for consolidation and propose the Chairman of the People's Committee of the province to review and decide on removal of provincial legal reporters..

3\. Agencies, organizations, units as stipulated in Clause 3, Article 3 of this Circular shall prepare a file to submit to the Justice Office for consolidation and propose the Chairman of the People's Committee of the district to review and decide on removal of district legal reporters.

4\. Agencies, organizations proposing the removal of legal reporters shall have the responsibility to notify the legal reporters falling under the cases stipulated in Clauses 2, 3, 4, 5, 6, and 7 of Article 6 of this Circular about the proposal for removal; within three working days from the date of receipt of the notification, the legal reporter has the right to comment on the proposal for removal of legal reporters.

5\. Legal reporters falling under the cases stipulated in Clauses 5, 6, and 7 of Article 6 of this Circular who are currently in the investigation, prosecution, trial stage or awaiting conclusions from competent authorities, the agency, organization, unit where the legal reporter works shall prepare a list (Form No. 03 issued together with this Circular) to request the competent authority deciding to recognize legal reporters as stipulated in Clause 3, Article 35 of the Law on Popularizing and Promoting Legal Education to temporarily suspend the activities of legal reporters in popularizing and promoting legal education.

5. Legal reporters falling under the cases stipulated in Clauses 5, 6, and 7 of Article 6 of this Circular, who are currently undergoing investigation, prosecution, trial, or awaiting conclusions from competent authorities, shall have their workplace agencies, organizations, or units prepare a list (Form No. 03 issued together with this Circular) to request the competent authority to recognize the legal reporter specified in Clause 3 of Article 35 of the Law on Popularizing and Promoting Legal Education to temporarily suspend their activities in popularizing and promoting legal education.

Article 8. Documents for Requesting the Dismissal of Legal Reporters

1. The documents for requesting the dismissal of legal reporters shall be compiled into one set, including: a) A letter proposing the dismissal of legal reporters from the leadership of the agency, organization, or unit as stipulated in Clause 1, Clause 2, and Clause 3 of Article 7 of this Circular;

b) A list of legal reporters to be dismissed according to Model No. 02 issued together with this Circular;

c) Relevant documents and papers proving that the legal reporter falls under one of the cases specified in Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, and Clause 7 of Article 6 of this Circular.

c) Documents and papers proving that the legal reporter falls under one of the cases stipulated in Clauses 2, 3, 4, 5, 6, and 7 of Article 6 of this Circular. Article 6 of this Circular.

2. The documents for requesting the dismissal of legal reporters may be submitted directly or through postal service to the Ministry of Justice (for central-level legal reporters), Department of Justice (for provincial-level legal reporters), or District Justice Office (for district-level legal reporters). The envelope should clearly state "Documents for Requesting the Dismissal of Legal Reporters."

In case the application file is not valid, the receiving agency shall return the file and provide a written notice of the reasons within five working days from the date of receipt of the file.

Article 9. Decision on the Dismissal of Legal Reporters

1. Within five working days from the date of receiving valid documents, the competent authority as prescribed in Clause 3 of Article 35 of the Law on Popularizing and Promoting Legal Education shall consider and issue a decision to dismiss the legal reporter.

2. The decision on the dismissal of legal reporters shall be sent to the agency or organization requesting the dismissal of legal reporters and to the legal reporter named in the decision; it shall be publicly announced in accordance with Point b, Clause 2 of Article 16 of this Circular.

3. In case of disagreement with the decision on dismissal, the legal reporter has the right to lodge a complaint. The procedures for lodging and resolving complaints shall be carried out in accordance with the laws on complaints.

4. The activities of popularizing and promoting legal education by the legal reporter shall cease from the date the decision on the dismissal of the legal reporter takes effect.

Article 10. Dismissal of Legal Reporters in Cases of Voluntary Resignation

1. In cases where a legal reporter resigns due to health reasons, family circumstances, or other legitimate reasons, making it impossible to fulfill their duties, they may request to resign from their position as a legal reporter.

2. The resignation letter shall be submitted to the agency or organization requesting the dismissal of legal reporters for submission to the competent authority to issue a decision on the dismissal of the legal reporter.

3. The decision on the dismissal of the legal reporter shall be sent to the agency or organization requesting the dismissal of legal reporters and to the legal reporter named in the decision; it shall be publicly announced in accordance with Point b, Clause 2 of Article 16 of this Circular.

       Chapter III

PROCEDURES AND FORMALITIES FOR RECOGNITION,

RESIGNATION OF LEGAL EDUCATION REPORTERS

          Article 11. Request for Recognition of Legal Education Reporters

1. The Chairman of the People's Committee shall take the lead and coordinate with the Village Heads, Ward Chiefs, Team Leaders, and Community Leaders to publicly announce the criteria for legal education reporters as stipulated in Clause 1 of Article 37 of the Law on Popularizing and Promoting Legal Education; the procedures and formalities for recognizing legal education reporters as prescribed in this Circular to agencies, units, and residents in the area.

2. In June and December each year, the Chairman of the People's Committee shall compile a list of individuals meeting the criteria stipulated in Clause 1 of Article 37 of the Law on Popularizing and Promoting Legal Education (Model No. 04 issued together with this Circular) and submit it to the Civil Registry Officer. Upon receipt of the list of individuals proposed for recognition as legal education reporters from the Chairman of the People's Committee, the Civil Registry Officer shall review and consolidate the list of individuals meeting the criteria to become legal education reporters, and submit it to the Chairman of the Commune People's Council for consideration and recognition of legal education reporters.

Article 12. Decision to Recognize Legal Propagandists

1. Within five working days from the date of receipt of the list proposing recognition of legal propagandists submitted by the Justice and Household Registration Civil Servant, the Chairman of the People's Commune People's Committee shall examine and issue a decision to recognize legal propagandists.

2. The decision to recognize legal propagandists shall be sent to the Head of the Mass Mobilization Work Board and the legal propagandist; it shall be publicly announced in accordance with point b, Clause 2, Article 16 of this Circular.

Article 13. Termination of Legal Propagandist Status

1. The termination of legal propagandist status shall be implemented when the legal propagandist falls under one of the following circumstances:

a) Committing one of the prohibited acts Article 2. Effectiveness of enforcement provided for in Article 9 of of the Law on Popularizing and Promoting Legal Education;

b) Being sentenced by a court and the judgment has become legally effective;

c) Being restricted or losing civil capacity;

d) Losing credibility within the community.

2. The Head of the Mass Mobilization Work Board shall prepare a list of persons falling under the circumstances stipulated in Clause 1 of this Article (Form No. 05 issued together with this Circular), send it to the Justice and Household Registration Civil Servant for consolidation, and submit it to the Chairman of the People's Commune People's Committee for examination and issuance of a decision to terminate legal propagandist status, and notify the legal propagandist about the proposal to terminate their legal propagandist status.

3. In cases where a legal propagandist, due to health reasons, family circumstances, or other legitimate reasons, cannot fulfill their duties, they may request to terminate their legal propagandist status.

The application to terminate legal propagandist status shall be sent to the Justice and Household Registration Civil Servant for submission to the Chairman of the People's Commune People's Committee to issue a decision to terminate legal propagandist status.

4. For legal propagandists who fall under the circumstances stipulated in Clause 1 of this Article and are currently undergoing investigation, prosecution, trial, or awaiting conclusions from competent authorities, the Justice and Household Registration Civil Servant shall prepare a list (Form No. 06 issued together with this Circular) and propose to the Chairman of the People's Commune People's Committee to temporarily suspend the activities of popularizing and promoting legal education of the legal propagandist.

Article 14. Decision to Terminate Legal Propagandist Status

1. From the date of receipt of the proposal from the Head of the Mass Mobilization Work Board, the Justice and Household Registration Civil Servant shall consolidate the list of persons falling under the circumstances for termination of legal propagandist status and submit it to the Chairman of the People's Commune People's Committee for examination and issuance of a decision to terminate legal propagandist status.

2. The decision to terminate legal propagandist status shall be sent to the Head of the Mass Mobilization Work Board, the legal propagandist, and shall be publicly announced in accordance with point b, Clause 2, Article 16 of this Circular.

3. The legal propagandist shall cease activities of popularizing and promoting legal education from the date the decision to terminate legal propagandist status takes effect.

Chapter IV

SOME MEASURES TO ENSURE THE ACTIVITIES OF REPORTERS AND LEGAL PROPAGANDISTS

LEGAL REPORTERS, LEGAL PUBLICITY REPORTERS

Article 15. Measures to Consolidate, Improve, and Enhance the Quality of Legal Reporters and Legal Propagandists

1. Agencies, organizations, units proposing recognition of legal reporters as prescribed in Article 3 of this Circular, within the scope of their functions, tasks, and powers, shall perform the following tasks:

a) Based on the provisions of this Circular, relevant laws, and guidance from the Department of Justice, Provincial Justice Departments, District Justice Departments (hereinafter referred to collectively as the Justice Agency), guide and direct the legal system organization, unit responsible for legal work, popularizing, and promoting legal education of their agency, organization, or unit to regularly review, consolidate, improve, and enhance the quality of the legal reporter team within their management scope;

b) Provide legal normative documents, legal information, specialized legal materials to legal reporters within their management scope;

c) Take the lead and coordinate with the same-level Justice Agency to organize training, upgrading, and updating legal knowledge and popularizing, promoting legal education skills for legal reporters within their management scope;

d) Regularly report annually and at any time upon request to the same-level Justice Agency on the results of building, consolidating, improving, and enhancing the quality of the legal reporter and legal propagandist teams within their management scope.

2. Legal system organizations, units responsible for legal work, popularizing, and promoting legal education shall take the lead and assist leadership agencies, organizations, units as prescribed in Clauses 1 and 2 of Article 3 of this Circular to implement the tasks prescribed in Clause 1 of this Article.

3. Provincial Justice Departments, District Justice Departments within the scope of their functions, tasks, and powers shall have the responsibility to guide agencies, organizations, units at the same level as prescribed in Clauses 2 and 3 of Article 3 of this Circular to implement the tasks prescribed in Clause 1 of this Article and perform the following tasks:

a) Take the lead in organizing training, upgrading, and updating legal knowledge and popularizing, promoting legal education skills for legal reporters and legal propagandists within their management scope;

b) Direct and guide agencies, organizations, units at the same level as prescribed in Clauses 2 and 3 of Article 3 of this Circular to organize training, upgrading, and updating legal knowledge and popularizing, promoting legal education skills for legal reporters within their management scope;

c) Regularly report annually and at any time upon request, the Provincial Justice Department shall report to the Provincial People's Committee and the Ministry of Justice; the District Justice Department shall report to the District People's Committee and the Provincial Justice Department on the results of building, consolidating, improving, and enhancing the quality of the legal reporter and legal propagandist teams within their management scope.

4. Justice and Household Registration Civil Servants shall have the responsibility to assist the People's Commune People's Committee in building, consolidating, improving, and coordinating to organize training on legal knowledge and popularizing, promoting legal education skills for the legal propagandist team; regularly annually and at any time upon request, report to the District People's Committee and the District Justice Department on the results of building, consolidating, improving, and enhancing the quality of the legal propagandist team within their management scope.

5. The time for implementing the report as stipulated in Point d Clause 1, Point c Clause 3 and Clause 4 of this Article shall be carried out in accordance with Circular No. 20/2013/TT-BTP dated December 3, 2013 of the Ministry of Justice guiding certain contents on the statistical activities of the Justice Sector.

Article 16. Measures for managing and utilizing the team of legal reporters and legal propagandists

1. Agencies, organizations, units proposing recognition of legal reporters as prescribed in Article 3 of this Circular shall have the following tasks:

a) Issuing within their authority or submitting to competent authorities for issuance of guiding documents, plans, programs of legal reporters under their management;

b) Inspecting, summarizing, concluding, rewarding the activities of legal reporters under their management;

c) Creating conditions regarding time, funds, material bases, means to ensure that legal reporters directly under their management carry out the dissemination and education of laws.

2. Departments of Justice, Justice Offices, Justice Civil Servants - Household Registration assist People's Committees at the same level, Legal Institutions, units entrusted with legal work, dissemination, and education of laws as prescribed in Clauses 1 and 2 of Article 3 of this Circular to perform the tasks prescribed in Clause 1 of this Article and shall have the following tasks:

a) Assigning, introducing legal reporters, legal propagandists under direct management to agencies, organizations, units requiring the dissemination and education of laws to carry out such activities;

b) Publicly announcing the list, Decision recognizing legal reporters, Decision relieving legal reporters of their positions, Decision recognizing legal propagandists, Decision relieving legal propagandists of their positions under their management on the electronic portal or posting at the headquarters of the agency, organization, unit;

c) Reporting periodically every six months, annually, and promptly when required by Ministries, sectors, mass organizations, agencies, organizations, units as prescribed in Clauses 1 and 2 of Article 3 of this Circular about the results of the activities of legal reporters under their management; Departments of Justice, Justice Offices, Justice Civil Servants - Household Registration report to the People's Committee at the same level and higher-level Justice authorities about the results of the activities of legal reporters and legal propagandists under their management. The time for implementing the report shall be carried out in accordance with Circular No. 20/2013/TT-BTP dated December 3, 2013 of the Ministry of Justice guiding certain contents on the statistical activities of the Justice Sector.

Article 17. Financial measures to ensure the activities of legal reporters and legal propagandists

1. The budget for managing and operating legal reporters and legal propagandists shall be provided annually from the state budget for the dissemination and education of laws according to the State Budget Law and other legitimate sources of funding. N |||2. Remuneration for the activities of legal reporters and legal propagandists shall be implemented in accordance with the joint Circular between the Ministry of Finance and the Ministry of Justice on the establishment, management, utilization, and settlement of funds for the dissemination and education of laws.

3. Annually, the Ministry of Justice, legal institutions, units entrusted with legal work, dissemination, and education of laws as prescribed in Article 3 of this Circular, Departments of Justice, Justice Offices, Justice Civil Servants - Household Registration shall coordinate with financial authorities at the same level to prepare the budget for ensuring the activities of legal reporters and legal propagandists under their management, submit to the Ministry of Finance, leaders of agencies, organizations, units, People's Committees at the same level for approval.

Chapter V

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effectiveness and Transitional Provisions

1. This Circular shall take effect from February 1, 2014, and replace Circular No. 18/2010/TT-BTP dated November 15, 2010 on Legal Advisors.

2. Legal Advisors recognized according to the provisions of Circular No. 18/2010/TT-BTP dated November 15, 2010 on Legal Advisors who still meet the conditions and criteria stipulated in Clause 1 and Clause 2 of Article 35 of the Law on Popularizing and Promoting Legal Education shall continue to be Legal Advisors without having to go through the recognition process again; for Legal Advisors who no longer meet the conditions and criteria stipulated in Clause 1 and Clause 2 of Article 35 of the Law on Popularizing and Promoting Legal Education and Clause 6 of this Circular, their removal from office shall be carried out in accordance with the provisions of this Circular.

3. Based on the provisions of the Law on Popularizing and Promoting Legal Education and this Circular, it is requested that the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor guide and decide on the recognition and removal from office of Legal Advisors of the People's Courts, People's Procuracies, and Auditing Organizations, and notify the Ministry of Justice regarding Central Legal Advisors, Provincial People's Committees regarding Provincial Legal Advisors, and District People's Committees regarding District Legal Advisors about the Decision on Recognition and the Decision on Removal from Office of Legal Advisors.

Article 19. Responsibility for Implementation

Ministries, ministerial-level agencies, government-affiliated agencies, the Vietnam Fatherland Front Central Committee, and member organizations of the Front, Chairpersons of all levels of People's Committees; heads of units under the Ministry of Justice; leaders of Legal Departments, units entrusted with legal work, popularization, and promotion of legal education of Ministries, ministerial-level agencies, government-affiliated agencies, the Vietnam Fatherland Front Central Committee, and member organizations of the Front; Directors of Justice Departments of provinces and centrally governed cities are responsible for implementing this Circular./.