Decision No. 258/2002/QD-BTP On the issuance of the Regulation on the organization and operation of the Legal Aid Fund of Vietnam

Pursuant to …;

Regarding the issuance of regulations on the organization and operation of the Legal Aid Fund of Vietnam

_________________________

THE MINISTER OF JUSTICE

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decision No. 734/TTg dated September 6, 1997 of the Prime Minister on the establishment of legal aid organizations for poor people and policy beneficiaries;

Pursuant to Circular No. 5856/VPCP-PC dated November 30, 2001 of the Government Office regarding the Prime Minister's opinion on the establishment of the Legal Aid Fund;

Pursuant to the opinions of the Ministry of Finance (Circular No. 3142/BTC-CSTC dated April 2, 2002) and the Organizational and Cadre Affairs Board of the Government (Circular No. 89/BTCCBCP-TCCB dated March 22, 2002) on the issuance of documents concerning the Legal Aid Fund of Vietnam;

Considering the proposal of the Director of the Legal Aid Department and the Heads of the Organization and Cadre Training Department.

Pursuant to …;

Article 1. Issuing with this Decision the Regulations on the organization and operation of the Legal Aid Fund of Vietnam.

Article 2. This Decision takes effect from July 26, 2002.

The Director of the Legal Aid Department and the Heads of units under the Ministry shall be responsible for implementing this Decision./.

REGULATIONS

Organization and Operation of the Legal Aid Fund of Vietnam

____________________

 (Issued together with Decision No. 258/2002/QĐ-BTP dated July 10, 2002 of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Scope of Application of the Regulations

These Regulations stipulate the organization and operation of the Legal Aid Fund of Vietnam.

Article 2. Purpose of the Fund

The Legal Aid Fund of Vietnam (hereinafter referred to as the Fund) is a state fund located at the Legal Aid Department, Ministry of Justice.

The Fund was established to provide financial support for free legal aid activities for the poor and those entitled to preferential policies throughout the country as prescribed in these Regulations.

Article 3. Principles of Operation and Financial Management of the Fund

1. The Fund operates under the direct guidance of the Director of the Legal Aid Department.

2. The Fund is permitted to accept financial resources from the State budget annually according to the approved budget by the competent authority; to receive sponsorship, contributions, and support from domestic and foreign agencies, organizations, and individuals; to exploit all financial capabilities in accordance with the provisions of the law to create funding sources for the Fund.

3. The Fund operates without profit-making objectives, provides non-reimbursable support, and is exempted from taxes in accordance with the law on contributions to the Fund.

4. All financial income and expenditure activities of the Fund must be carried out in accordance with the provisions of the law, independently, and not overlapping with the funding sources provided by the State budget for administrative and public service activities of the Legal Aid Department.

5. The Fund has the responsibility to manage and utilize financial resources in accordance with these Regulations and relevant laws.

6. The Fund does not accept financial resources that require usage contrary to the purpose of the Fund.

Article 4. Supervision and Monitoring of the Fund's Activities

The Legal Aid Department coordinates with specialized units of the Ministry of Finance and related agencies to monitor, inspect, and guide the Fund's operations in accordance with the law, ensuring the appropriate use of the Fund as stipulated in Article 2 of these Regulations to prevent the misuse of the Fund's name for illegal profit-making activities.

Article 5. Encouragement and Facilitation for the Development of the Fund

State agencies and organizations within their functional responsibilities, powers, and authorities shall create conditions and positively support the Fund in various aspects to contribute to the provision of free legal aid to the poor and those entitled to preferential policies in accordance with the Party's guidelines and state laws.

The Socialist Republic of Vietnam encourages domestic and foreign agencies, organizations, and individuals to financially contribute, support in kind, or other assistance to the Legal Aid Fund of Vietnam.

Chapter II

ACTIVITIES OF THE FUND

Article 6. Sources of Formation of the Fund

1. Annual state budget allocation according to the approved budget by the competent authority;

2. Financial and material donations from domestic and foreign agencies, organizations, and individuals for the Fund;

3. Other lawful revenues.

Article 7. Expenditure Items of the Fund

1. Expenditures to support the expansion of legal aid activities nationwide:

a. Communication work, publication of documents, books, pamphlets, and other legal publications serving legal aid activities;

b. Training and capacity-building programs aimed at enhancing professional expertise, vocational skills, and ethical standards for legal aid officials and volunteers;

c. Research, survey, seminar, and roundtable discussion activities aimed directly at supporting legal aid tasks;

d. Payment of remuneration to lawyers and volunteers providing legal aid services and travel expenses for those directly involved in legal aid operations;

đ. Provision of working equipment and other material conditions serving legal aid activities;

e. Support expenditures for beneficiaries in cases where they suffer losses due to errors in legal aid activities;

g. Other expenditures related to legal aid activities in accordance with legal provisions.

2. Expenditures for management and development of the Fund including the following contents:

a. Expenditures for regular management activities of the Fund, office supplies, accounting books, transaction tools, and working equipment;

b. Allowance payments for兼任翻译人员和越南法律专家，根据规则要求，我将直接提供翻译内容，不作任何额外解释或调整：

c. Reward expenditures for agencies, organizations, and individuals who have made outstanding contributions to the construction and development of the Fund;

d. Expenditures for expanding and developing the Fund;

đ. Other expenditures related to managing the Fund.

The expenditures under this Article shall be implemented in accordance with the current regulations of the State and shall not overlap with expenditures from the State budget for the activities of the Legal Aid Agency.

Article 8. Financial Support Procedures of the Fund

1. For financial support from the Fund sourced from the State budget allocation and other financial sources without authorization or agreement on the purpose and recipient of the financial support, the support shall be carried out through the following procedures:

a. Basis for considering financial support from the Fund:

Proposals from organizations and individuals whose activities align with the purpose of the Fund's support;

Proposals from functional units within the Legal Aid Agency based on the annual legal aid program approved by the Minister of Justice and practical requirements arising during the management and monitoring of legal aid activities.

b. Approval process for financial support from the Fund:

The Director of the Fund assists the Director of the Legal Aid Agency in reviewing proposals for support so that the Director of the Legal Aid Agency can submit them to the Minister of Justice for approval or approve them within their authority.

Based on the approved content of the support, the Director of the Fund is responsible for organizing its implementation in accordance with this Regulation and other relevant laws.

2. For financial support that has been agreed upon, the Fund is responsible for implementing it in accordance with the authorization or agreed-upon funding objectives between the Fund and domestic and foreign funding agencies, organizations, and individuals, consistent with the Fund's purposes and Vietnamese law.

Article 9. Financial Work of the Fund

The Fund shall be subject to state management regarding financial work as follows:

1. The Fund shall maintain books of account and record all revenues and expenditures from state budget allocations, donations, contributions, and support from domestic and foreign organizations, individuals, and other funds specified in this Regulation. The Fund shall implement financial transparency in accordance with the provisions of the law.

2. Adhere to financial systems, accounting regulations, and organizational structures for accounting staff as prescribed by the Ministry of Finance, and be subject to financial audits and inspections, as well as other matters within the authority of financial agencies on a regular and ad hoc basis.

3. Submit financial reports, accounting statements, and the usage of the Fund's funds in accordance with current regulations to the competent authorities.

Article 10. Relations of the Fund with Relevant Agencies, Organizations, and Individuals in the Operation of the Fund

1. The Fund is permitted to establish relations with domestic and foreign agencies, organizations, and individuals to receive financial support and donations for the Fund in accordance with the provisions of the applicable laws.

2. The Fund shall be subject to supervision by domestic and foreign agencies, organizations, and individuals who have directly or participated in providing financial support and donations to the Fund within the scope of related activities as stipulated in signed documents.

3. The Fund shall conduct inspections in accordance with regulations concerning organizations and individuals regarding the use of financial assistance provided by the Fund.

Chapter III

ORGANIZATION OF THE FUND

Article 11. Organizational Structure

The organizational structure of the Fund includes the Director, Deputy Directors of the Fund, and supporting units.

The Minister of Justice appoints the Director and Deputy Directors of the Fund, and the Legal Aid Department arranges the supporting unit consisting of: one dedicated accountant and other staff members under the Legal Aid Department's establishment, working on a part-time basis.

Article 12. Duties and Authorities of the Fund Director

The Fund Director is the Fund's account holder, responsible to the Head of the Legal Aid Department for managing the Fund's operations, and has the following duties and authorities:

1. Develop long-term and annual activity programs for the Fund for the Head of the Legal Aid Department to submit to the Minister of Justice for approval; organize the implementation of approved programs and plans.

2. Implement the Fund's tasks as prescribed in this Regulation.

3. Represent the Fund in dealings with domestic and foreign agencies, organizations, and individuals when resolving issues related to the Fund's activities.

4. Manage the Fund's finances and physical assets in accordance with current financial management regulations and this Regulation.

5. Report periodically every six months and annually on the Fund's operational results and finances to the Head of the Legal Aid Department for submission to competent authorities.

Article 13. Duties and Authorities of the Deputy Fund Director

The Deputy Fund Director assists the Fund Director in carrying out certain assigned tasks and is accountable to the Fund Director for the outcomes of those tasks.

When authorized by the Fund Director to handle Fund-related matters, the Deputy Fund Director must take responsibility and report to the Fund Director on the results of the delegated tasks.

Chapter IV

REWARD, VIOLATION HANDLING AND COMPLAINTS, REPORTS

Article 14. Awards

Agencies, organizations, and individuals with outstanding achievements in participating in legal aid activities supported by the Fund or in building and developing the Fund shall be considered for rewards in accordance with general legal provisions.

In addition to the reward forms prescribed in Clause 1 of this Article, the Fund maintains a Golden Honor Book and other appropriate forms to recognize the contributions of agencies, organizations, and individuals who have contributed to building the Fund and facilitating its development and effective operation.

Article 15. Handling Violations

1. Any violations of this Regulation's provisions shall be handled according to the law, specifically:

a. Civil servants committing violations of this Regulation's provisions shall be dealt with according to the Civil Servant Law and implementing regulations thereof.

b. Individuals or units violating administrative laws in managing and using the Fund shall be administratively punished according to current laws.

c. In cases causing material damage to the Fund, compensation shall be made according to current laws. Disputes over money and property related to the Fund shall be resolved according to civil law and relevant laws.

d. In cases of serious violations of regulations on managing and using the Fund, resulting in loss of Fund assets, embezzlement, or other acts indicative of criminal offenses, criminal liability shall be pursued according to the law.

2. The authority, procedures, and steps for examining and handling violations stipulated in Clause 1 of this Article shall be carried out in accordance with current laws.

Article 16. Complaints and Reports

1. All agencies, organizations, and individuals have the right to file complaints and reports regarding acts of embezzlement, abuse of position, authority, job position, misuse of the Fund's name, or other violations of this Regulation in accordance with the laws on complaints and reports.

2. The resolution of complaints and reports concerning violations related to the organization, operation, management, and use of the Fund shall be carried out in accordance with the provisions of the laws on complaints and reports.

Article 17. Amendments and Supplements

During the implementation of this Regulation, if there are any difficulties or new issues arise, the Legal Aid Department shall be responsible for proposing amendments and supplements to ensure alignment with practical needs and current legal regulations.