Decision No. 358/2003/QĐ-BTP On the issuance of the Regulations on volunteers of legal aid organizations

Pursuant to …;

Regarding the issuance of the regulations on volunteers of legal aid organizations

THE MINISTER OF JUSTICE

Pursuant to Decree No. 62/2003/NĐ-CP of the Government dated June 6, 2003 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 Directive No. 05/2001/CT-TTg dated March 1, 2000 of the Prime Minister on strengthening legal aid work;

Pursuant to Circular Joint Circular No. 52/TTLT-TP-TC-TCCP-LĐTBXH dated January 14, 1998 guiding the implementation of Decision No. 734/TTg dated September 6, 1997 of the Prime Minister and Joint Circular No. 21/2002/TTLT-BNV-BTC-BTP dated December 26, 2002 guiding the allowance system for volunteers;

Considering the proposal of the Director of the Legal Aid Agency,

DECISION:

Article 1. This decision promulgates the "Regulations on Volunteers of Legal Aid Organizations" attached hereto.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

This decision replaces Decision No. 459/1998/QĐ-BTP dated June 3, 1998 of the Minister of Justice on the issuance of the Regulations on Volunteers of Legal Aid Organizations.

All previous provisions contrary to these regulations are hereby abolished.

Article 3. The Director of the Legal Aid Agency, the Head of the Office, Heads of units under the Ministry, Directors of Provincial Departments of Justice, and Directors of State Legal Aid Centers in centrally governed cities and provinces shall be responsible for implementing this decision.

 

REGULATIONS

VOLUNTEERS OF LEGAL AID ORGANIZATIONS
(Issued together with Decision No. 358/2003/QĐ-BTP dated August 15, 2003 of the Minister of Justice)

PART I
GENERAL PROVISIONS

Article 1. Volunteers

Volunteers of the Legal Aid Agency and State Legal Aid Centers in centrally governed cities and provinces (hereinafter referred to collectively as legal aid organizations) are individuals who meet the required criteria, recognized and issued volunteer cards by legal aid organizations in accordance with these regulations.

Encouragement is given to legal officers of agencies and organizations, lawyers, jurists, and individuals meeting the criteria stipulated in Article 4 of these regulations to participate as volunteers in legal aid organizations. Agencies and organizations should encourage and create conditions for their staff and members to actively participate in legal aid work.

Encouragement is given to law firms and legal advisory organizations to cooperate and collaborate with legal aid organizations in carrying out legal aid tasks.

Article 2. Purpose of Legal Aid Activities of Volunteers

Volunteers participating in legal aid activities aim to protect the legitimate rights and interests of poor people, policy beneficiaries, and other eligible recipients of legal aid as prescribed by law, contributing to the dissemination and education of law among these groups.

Article 3. Principles of Operation

Legal aid volunteers perform their duties in accordance with the following principles:

- Providing legal aid in accordance with volunteer cooperation contracts;

- Adhering to legal regulations;

- Ensuring accuracy, objectivity, fairness, timeliness, and effectiveness.

Chapter II
STANDARDS, PROCEDURES FOR RECOGNITION AND ISSUANCE OF VOLUNTEER CARDS VOLUNTEERS

Article 4. Volunteer Standards

Legal aid volunteers must meet the following standards:

a) They must be Vietnamese citizens residing permanently in Vietnam;

b) They must have good political and moral qualities;

c) Holders of a bachelor's degree in law or those with a secondary-level law diploma who have continuously worked in legal affairs for at least three years, except those currently holding the positions of Investigator, Prosecutor, and Judge.

In remote, mountainous, border, and island areas where there are no individuals meeting the above criteria, judicial officers of communes, wards, towns, members of mediation teams, village elders, village chiefs, and other specialized cadres may be considered for volunteer positions in legal aid organizations;

d) They must have full capacity for civil acts; they cannot be individuals currently being investigated for criminal responsibility, serving a sentence, not yet having their criminal record expunged, or under administrative surveillance.

The period of working in legal affairs includes time spent performing duties in the positions of Legal Officer, Legal Specialist, Legal Researcher, Law Lecturer, Investigator, Prosecutor, Judge, Appraiser, Court Clerk, Enforcement Officer, Notary Public, Inspector, People's Juror, and Registrar.

Article 5. Procedures for recognition, issuance of cards, and signing of cooperation contracts

1. Procedures for applying to become a cooperative member:

The person applying to become a cooperative member shall submit a set of documents to the legal aid organization, including:

a) An application form to become a cooperative member (Form No. 01 issued together with this Regulation);

b) A copy of the bachelor's degree in law or associate degree in law and a certificate confirming the period of legal work from the agency where they have worked or are currently working;

c) A resume with confirmation from the People's Committee of the commune, ward, town where they reside or from their workplace (with a 4x6 inch photo attached);

d) Two photos measuring 3x4 inches.

2. Authority to sign cooperation contracts.

The Director of the Legal Aid Department signs a cooperation contract with legal aid cooperative members based on the proposal of the Director of the Legal Aid Center under the Department.

The Director of the Legal Aid Center under the Department of Justice of the province or centrally-administered city signs a cooperation contract with cooperative members of the Legal Aid Center.

The signing of a cooperation contract between a legal aid organization and a cooperative member who is a lawyer shall be carried out based on a contract between the legal aid organization and the Law Firm or Partnership Law Company.

3. Procedures for issuing cooperative member cards.

Cooperative members shall be issued cards according to a unified model issued by the Ministry of Justice (Form No. 03 issued together with this Regulation).

The Director of the Legal Aid Department issues cards to cooperative members of the Legal Aid Department.

The Director of the Provincial Department of Justice or centrally-administered city issues cards to cooperative members of the Legal Aid Center based on the proposal of the Director of the Legal Aid Center under the Department.

4. Procedure for reviewing and signing cooperation contracts and issuing cooperative member cards.

Within thirty days from the date of receiving valid documents, based on the standards and needs for using cooperative members, the Director of the Legal Aid Department and the Director of the Legal Aid Center under the Provincial Department of Justice shall review and sign the first cooperation contract (Form No. 02 issued together with this Regulation) with a term of six months. Within forty-five days from the end of the initial contract term, based on the evaluation of the cooperative member's performance, if it is found that the cooperative member is effective, the Director of the Legal Aid Department shall sign the contract and issue the card. The Director of the Legal Aid Center under the Department shall sign the contract and the Director of the Provincial Department of Justice shall issue the card according to the authority with a term depending on the capability and needs of the legal aid organization.

5. In cases where a contract is not signed with a person who has submitted an application to become a cooperative member and a card is not issued to a cooperative member, the legal aid organization must notify the person in writing and clearly state the reasons for rejection.

6. Staff introduced to become cooperative members by the managing agency upon the request of the legal aid organization is exempted from the procedures stipulated in Clause 1 of this Article.

Chapter III
RIGHTS AND OBLIGATIONS OF COOPERATIVE MEMBERS

Article 6. Rights of cooperative members

Cooperative members have the following rights:

1. To be issued a legal aid cooperative member card in accordance with this Regulation;

2. To provide legal advice, mediate, represent, and defend the lawful rights and interests of beneficiaries of legal aid in accordance with the law;

3. To request relevant agencies, organizations, and individuals to provide information and documents necessary to resolve legal aid cases;

4. To receive legal knowledge training and skills, and professional training in legal aid;

5. To receive allowances and other reasonable administrative expenses in accordance with the law;

6. To propose and make recommendations to expand and improve the effectiveness of legal aid organization activities;

7. To be rewarded when achieving outstanding results in legal aid work;

8. To enjoy other rights in accordance with the law.

Article 7. Obligations of Collaborators

Collaborators shall have the following obligations:

1. To perform legal aid according to the assigned tasks of the legal aid organization; establish legal aid case files in accordance with regulations;

2. To comply with the principles of legal aid activities, internal rules, and regulations of the legal aid organization, and other relevant laws and regulations;

3. To be responsible before the legal aid organization and the law for legal aid activities;

4. To maintain the reputation of the legal aid organization and respect the beneficiaries of legal aid;

5. Not to demand or accept remuneration from the beneficiaries of legal aid in any form; not to promise results to the beneficiaries of legal aid before the outcome of the matter is known;

6. Not to disclose information or secrets about legal aid cases unless the beneficiary of legal aid consents or the law provides otherwise;

7. Not to refuse cases already accepted except in the cases stipulated in Article 8 of this Regulation;

8. To report periodically and urgently as required by the legal aid organization; promptly report issues arising during the implementation of legal aid and propose solutions to the leadership of the legal aid organization;

9. Not to use the collaborator card or claim to be a collaborator to carry out activities not within the scope of assigned legal aid tasks;

10. To return the collaborator card when the usage period expires or upon request of the legal aid organization;

Article 8. Refusal to Continue Legal Aid Requests

1. Collaborators shall refuse or cease to continue implementing legal aid requests in the following cases:

a) The beneficiary does not fall within the category eligible for legal aid;

b) Beneficiaries have conflicting interests in the same case, except for legal consultations or mediation; in such cases, the person who made the request first will be prioritized for legal aid, and the person who made the request later will be referred to another organization for legal aid;

c) Requests for legal aid that contravene the law and social morals;

d) The beneficiary fails to provide complete or intentionally provides false information or documents about the case;

e) The beneficiary withdraws their request for legal aid;

g) The beneficiary is under the influence of alcohol or other strong stimulants, causing them to lose control over their behavior, disrupting the legal aid environment; insulting the dignity of the legal aid organization and those providing legal aid; creating difficulties and hindrances for legal aid collaborators and violating the internal rules and regulations of the legal aid organization;

2. Collaborators must refuse to accept cases or cease to continue implementing legal aid in the following cases:

a) The collaborator has a conflict of interest in the case or has a close relationship with someone whose rights and interests are in opposition to the beneficiary of legal aid;

b) The case falls within the jurisdiction of the agency or organization where the collaborator works or the collaborator has previously participated in resolving the case but it was subject to complaint;

3. The refusal or cessation of continuing legal aid requests must be immediately notified to the person requesting legal aid and reported to the leadership of the legal aid organization.

Chapter IV
REWARD, VIOLATION HANDLING AND COMPLAINTS, REPORTS

Article 9. Awards

Collaborators, agencies, organizations with achievements in legal aid activities shall be awarded according to the State's regulations.

Article 10. Handling of violations

If collaborators violate laws on legal aid, they will be subject to handling depending on the nature and degree of violation through forms such as: revocation of the legal aid collaborator card, termination of collaboration contracts, disciplinary action, civil liability, or criminal prosecution as prescribed by law.

Article 11. Complaints and Reports

Recipients of legal aid, related organizations, and individuals have the right to complain about violations of the law by legal aid collaborators; individuals have the right to report violations of the law by legal aid collaborators.

The authority and procedures for handling complaints and reports shall be carried out in accordance with the law on complaints and reports.

Chapter V
IMPLEMENTING PROVISIONS

Article 12. Implementation Provisions

During implementation, if there are obstacles or new issues arising that require amendments or supplements, legal aid organizations shall have the responsibility to propose to the Director of the Legal Aid Department to submit to the Minister of Justice for consideration and decision on amendments and supplements to align with reality and current legal provisions./.