Consolidated Document number 3964/VBHN-BTP detailing and guiding the implementation of certain provisions of the Legal Aid Law

MINISTRY OF JUSTICE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 3964/VBHN-BTP	Hanoi, October 28, 2015

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE LEGAL AID LAW

Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain articles of the Legal Aid Law, which took effect from February 8, 2007, has been amended and supplemented by:

1. Decree No. 05/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of the decrees on registration of secured transactions, legal aid, lawyers, and legal consultation, which took effect from April 1, 2012.

2. Decree No. 14/2013/NĐ-CP dated February 5, 2013 of the Government amending and supplementing certain articles of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain articles of the Legal Aid Law, which took effect from March 31, 2013.

3. Decree No. 80/2015/NĐ-CP dated September 17, 2015 of the Government amending and supplementing certain articles of Decree No. 14/2013/NĐ-CP dated February 5, 2013 of the Government amending and supplementing certain articles of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain articles of the Legal Aid Law, which took effect from November 10, 2015.

Pursuant to the Law on Government Organization dated December 25, 2001; Pursuant to the Legal Aid Law dated June 29, 2006;

Considering the proposal of the Minister of Justice,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details and guides the implementation of certain articles of the Legal Aid Law concerning persons entitled to legal aid, organizations implementing legal aid, legal aid officers and legal aid volunteers, legal aid activities, and state management of legal aid.

Article 2. Persons Entitled to Legal Aid

1. Persons living in poverty entitled to legal aid as stipulated in Clause 1, Article 10 of the Legal Aid Law are those who meet the poverty standard as prescribed by law.

2. Persons with meritorious service to the revolution entitled to legal aid as stipulated in Clause 2, Article 10 of the Legal Aid Law include:

a) Persons engaged in revolutionary activities before the August 19 Revolution in 1945;

b) Mothers of Vietnam's Heroic Soldiers;

c) Heroes of People's Armed Forces, Labor Heroes;

d) War invalids and persons receiving benefits equivalent to war invalids;

d) War invalids;

e) Persons engaged in anti-war resistance contaminated by chemical toxins;

g) Persons engaged in revolutionary activities, anti-war resistance captured and imprisoned by the enemy;

h) Persons engaged in anti-war resistance for national liberation, national defense, and international duty;

i) Persons with meritorious service to the revolution;

k) Parents, spouses, children, and fosterers of martyrs.

3. Elderly persons entitled to legal aid as stipulated in Clause 3, Article 10 of the Legal Aid Law are those aged 60 years or older, living alone without support.

4. Persons with disabilities as defined by the Law on Persons with Disabilities are those with deficiencies in one or more body parts or reduced functions manifested as disabilities that hinder labor, daily life, and study; persons contaminated by chemical toxins, infected with HIV without support.

5. Children entitled to legal aid as stipulated in Clause 3, Article 10 of the Legal Aid Law are those under 16 years old without support.

6. Ethnic minority persons entitled to legal aid as stipulated in Clause 4, Article 10 of the Legal Aid Law are those permanently residing in areas with particularly difficult socio-economic conditions as prescribed by law.

7. Other persons entitled to legal aid as provided for in international treaties to which the Socialist Republic of Vietnam is a party.

The Minister of Justice shall provide guidance on persons entitled to legal aid as stipulated in these international treaties.

8. Victims as prescribed by laws on preventing and combating human trafficking.

8.6 Victim as defined by laws on preventing and combating trafficking in persons.

Article 3. Implementation of Legal Aid

1. The State Legal Aid Center prescribed in Clause 1, Article 13 of the Legal Aid Law is the State Legal Aid Center under the Department of Justice of the province or centrally governed city (hereinafter referred to as the Center) and its Branches.

2. Organizations participating in legal aid prescribed in Clause 2, Article 13 of the Legal Aid Law include:

a) Law firms and law companies in accordance with the laws on lawyers;

b) Legal counseling centers belonging to political-social organizations, political-social-professional organizations, and social-professional organizations in accordance with the Government's regulations on organization and operation of legal counseling.

Article 4. Responsibilities of State Agencies and Mass Media in Legal Aid

1. Within their respective duties and powers, state agencies encourage and create conditions regarding working hours for cadres, civil servants, and employees to participate as legal aid volunteers (hereinafter referred to as volunteers); coordinate to implement legal aid activities at the request of the Center and its Branches; provide relevant information and materials related to legal aid cases; respond to suggestions concerning the enforcement of laws.

2. Mass media agencies have the responsibility to regularly inform about the organization and operation of legal aid; create conditions to support and cooperate in implementing legal aid cases of the Center and its Branches.

Article 5. Encouraging the Vietnam Fatherland Front and Member Organizations to Participate in Legal Aid Work

The State encourages and creates conditions for the Vietnam Fatherland Front and member organizations within the scope of their own operations to participate in implementing, contributing to, and supporting legal aid activities; mobilize the people to comply with the law on legal aid; encourage members and association members to participate as volunteers; create conditions, collaborate, and support the Center and its Branches to effectively carry out legal aid work.

The State encourages and creates conditions for the Vietnam Fatherland Front and its member organizations to participate in implementing, contributing to, and supporting legal aid activities, mobilizing the people to comply with laws on legal aid; encourages members and affiliates to participate as volunteers; creates conditions, cooperates, collaborates, and supports Centers and Branches of the Centers in effectively carrying out legal aid work.

Article 6. Establishment, Management, and Use of the Legal Aid Fund

1. The Legal Aid Fund (hereinafter referred to as the Fund) is established based on voluntary contributions and sponsorships from organizations and individuals; financial support from the state budget and other lawful sources to enhance the quality of professional legal aid activities; support equipment and means of work for legal aid implementation organizations in localities facing economic difficulties, including provinces requiring central government financial support, localities facing sudden difficulties, and some special cases.

2. The Prime Minister decides to establish the Legal Aid Fund. The Minister of Justice promulgates the Rules on the Organization and Operation of the Fund after reaching consensus with the Minister of Finance; is responsible before the Government for managing the Fund's activities.

The Fund has legal personality, its own seal, and can open accounts at the State Treasury and Bank. The Fund has a Director, Deputy Directors, an accountant, and a support department. The Fund Director is the legal representative of the Fund, appointed, dismissed, or relieved of duty by the Minister of Justice.

3. All financial income and expenditure activities of the Fund must be carried out in accordance with the provisions of the law on finance and accounting and the Rules on the Organization and Operation of the Fund.

Chapter II

NATIONAL LEGAL AID CENTER

Article 7. Legal Status of the Center

1. The People's Committee of the province or centrally governed city (hereinafter referred to collectively as the provincial level) decides on the establishment of the Center upon the proposal of the Director of the Department of Justice. The name of the Center shall be "State Legal Aid Center" followed by the name of the province or centrally governed city. The Center has legal personality, with its own headquarters, seal, and separate bank account.

2. The Center is a public service unit under the Department of Justice. The Center is subject to state management by the Department of Justice, the People's Committee at the provincial level, and professional and technical guidance, direction, and supervision by the Ministry of Justice.

Article 8. Tasks and Authorities of the Center

1. Based on the planning and long-term and annual plans of the People's Council and the People's Committee at the provincial level, the Center implements the development of long-term and annual legal aid programs and plans at the local level, submitting them for approval by the Director of the Department of Justice and organizing their implementation.

2. Organizing the implementation of tasks and professional activities of legal aid including:

a) Providing legal advice, appointing persons to participate in litigation, representing outside litigation, and implementing other forms of legal aid for beneficiaries of legal aid in accordance with the fields of legal aid stipulated in Article 34 of this Decree;

b) Implementing mobile legal aid and other legal aid activities prescribed in Articles 35, 36, 37, 40, and 41 of this Decree; being responsible and coordinating with agencies, organizations, and individuals to carry out communication work about legal aid for the people;

c) Managing, guiding professionally and technically, and skillfully for Branches; guiding the operation of Legal Aid Clubs and other professional activities of legal aid;

d) Organizing training to improve the professional and technical skills and ethical rules of legal aid for Legal Aid Officers and volunteers of the Center and Branches; supporting professional training for organizations participating in legal aid;

đ) Organizing research, surveys, seminars, roundtable discussions, and experience exchanges related to legal aid activities for Legal Aid Officers and volunteers of the Center and Branches;

e) Managing, monitoring, and inspecting the legal aid activities of Legal Aid Officers, volunteers, and other staff of the Center and Branches within their authority;

3. Proposing relevant agencies to cooperate and provide information and materials regarding legal aid cases; implementing the system of allowances for volunteers participating in legal aid; coordinating with other organizations providing legal aid to verify legal aid cases.

4. Being responsible under the law for the implementation of legal aid by Legal Aid Officers and volunteers of the Center and Branches.

5.7 Being responsible for compensating losses caused by the fault of Legal Aid Officers and volunteers of the Center during the provision of legal aid to beneficiaries of legal aid.

6. Resolving complaints in accordance with the Law on Legal Aid and laws on complaints and denunciations; resolving disputes over legal aid within their authority.

7. Recommending state agencies with jurisdiction on issues related to the enforcement of laws as stipulated in Article 41 of this Decree.

8. Implementing mid-term and final evaluations of the reporting and statistical systems on the organization and operation of legal aid at the local level with state management agencies on legal aid.

9. Proposing commendations for collectives and individuals with outstanding achievements in legal aid work at the local level.

10. Other tasks and authorities as prescribed by law for public service units and regulations of the People's Committee at the provincial level.

Article 9. Organizational Structure of the Center

1.8 The Center shall have a Director, Deputy Director, Legal Assistant, and other staff members. The Director and Deputy Director of the Center must be Legal Assistants.

2. The Director of the Center is the head of the Center and the legal representative of the Center, responsible to the Director of the Department of Justice and to the law for all tasks and powers of the Center.

The Deputy Director of the Center assists the Director, oversees one or more areas of work assigned by the Director of the Center, and is responsible to the Director for the results of the assigned work. The Deputy Director of the Center is appointed, relieved, or dismissed by the Director of the Department of Justice upon the recommendation of the Director of the Center.

3. The Center shall have specialized departments to carry out its tasks and powers as stipulated in Article 8 of this Decree. Based on the volume of work, nature, and specific characteristics of activities, the Chairman of the Provincial People's Committee shall determine the number and names of the specialized departments under the Center.

Article 10. Criteria for Appointment, Relieving, and Dismissal of the Center’s Director

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1.10 A person meeting the following criteria may be proposed for appointment as the Director of the Center:

a) Is a Legal Assistant;

b) Has management capability;

c) Has continuously worked in legal affairs for at least five years.

2. The Chairman of the Provincial People's Committee decides on the appointment, relieving, or dismissal of the Center’s Director based on the proposal of the Director of the Department of Justice.

3. The Center’s Director shall be relieved when any of the following circumstances apply:

a) No longer meets the criteria specified in point b, Clause 1 of this Article;

b) Transfers to another job or retires due to health reasons or loss of labor capacity;

c) Due to health reasons, family circumstances, or other valid reasons, it is deemed impossible to ensure the completion of assigned tasks.

4. The Center’s Director shall be dismissed when any of the following circumstances apply:

a) Engages in one of the acts stipulated in Article 9 of the Legal Assistance Law and is deemed no longer qualified to hold the position;

b) Seriously violates professional conduct rules for legal assistance;

c) Is disciplined with the removal from the managerial position currently held according to the law on civil servants.

Article 11. Legal Status, Name, and Tasks of the Branch Office

1. The Branch Office is a subordinate unit of the Center located in districts, towns, cities under provinces (hereinafter referred to collectively as district level) and is managed by the Center. The Center is responsible for all activities of the Branch Office. The Branch Office has a seal for transactions and use in legal assistance activities.

2. The name of the Branch Office of the Center shall be numbered in the order of establishment but must clearly indicate the name of the main Center.

3. The Branch Office has the task of providing legal assistance in the forms prescribed in Article 27 of the Legal Assistance Law, provisions of this Decree, and other tasks and powers as stipulated in the Charter on organization and operation of the Center issued by the Chairman of the Provincial People's Committee and as assigned by the Director of the Center.

Article 12. Basis and Procedures for Establishing a Branch Office

1. Based on the need, ratio of people receiving legal assistance, actual conditions in the locality, and to facilitate those receiving legal assistance, the Director of the Department of Justice prepares a dossier to submit to the Chairman of the Provincial People's Committee for a decision on establishing a Branch Office of the Center.

The dossier for establishing a Branch Office includes a report on the establishment of the Branch Office along with a draft Decision on establishing the Branch Office. The report must clearly state the necessity of establishing the Branch Office, the anticipated office location, personnel providing legal assistance, material resources ensuring operations, scope of legal assistance, and implementation plans.

2. Within thirty days from the date of receipt of the dossier, the Chairman of the Provincial People's Committee examines and decides on the establishment of the Branch Office and develops a plan to direct relevant departments to implement in practice.

3. Within seven working days from the date of receipt of the decision to establish the Branch Office by the Chairman of the Provincial People's Committee, the Director of the Department of Justice appoints the Head of the Branch Office and publishes the local newspaper for three consecutive issues on the following main contents:

a) Name, address, and telephone number of the Branch Office;

b) Date of issuance of the establishment decision and the start date of operation of the Branch Office;

c) Full name of the Head of the Branch Office;

d) Scope and form of legal assistance provided by the Branch Office.

Article 13. Organizational Structure of the Branch

1.12 The Branch shall have a Branch Director, Legal Assistant, and other staff members. The Branch Director must be a Legal Assistant.

2. The Branch Director is the head of the Branch, responsible for carrying out the tasks of the Branch as stipulated in the Charter on Organization and Operation of the Center, and is accountable to the Center Director for the assigned duties and powers. The Branch Director is appointed, dismissed, or removed from office by the Department of Justice Director upon the recommendation of the Center Director.

3. The Branch Director assigns Legal Assistants and cooperating attorneys within the Branch's management scope to provide legal advice, participate in litigation, represent outside of litigation, and perform other forms of legal aid.

Article 14. Civil Servants, Staff Members, and Material Bases of the Center and Branch

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1.14 Based on the workload, nature, characteristics of specialized professional activities, and requirements of legal aid work, the People's Committee at the provincial level decides on the number of staff members for the Center and Branch; ensures funding, material bases, equipment, and working tools from local budget and other legitimate sources for the Center and Branch.

2.15 The recruitment, utilization, and management of civil servants and staff members of the Center are carried out in accordance with the laws on recruitment, utilization, and management of civil servants and staff members in state-run units.

3. The Center and Branch may use operational funds to serve the implementation of tasks and professional legal aid activities as prescribed in Article 8 of this Decree in accordance with the law.

Annually, based on the tasks and powers of the Center and Branch, the Center Director prepares the budget estimate for the Center and Branch including regular activity funding, non-regular expenditure funding, and projected legal aid operational funding within the total annual activity budget estimate, reports to the Department of Justice Director, and simultaneously sends to the Department of Finance for the Provincial People's Committee to decide.

The preparation, management, use, and settlement of the operational budget of the Center and Branch are implemented in accordance with the State Budget Law and guiding documents.

Chapter III

PARTICIPATION IN LEGAL AID BY LAW FIRM OFFICES, LAW COMPANIES, AND LEGAL ADVICE CENTERS

Article 15. Procedures for Registering Participation in Legal Aid

1. Law Firm Offices, Law Companies, and Legal Advice Centers participating in legal aid must register with the Department of Justice that issued their Business Registration Certificate. The registration dossier includes: application for participation in legal aid; list of lawyers and legal advisors; copies of the Business Registration Certificate.

The application for participation in legal aid contains the following main contents:

a) Name, headquarters address, telephone number of the organization registering to participate in legal aid;

b) Anticipated beneficiaries of legal aid, forms, scope, and fields of registered legal aid.

2. Within seven working days from the date of receipt of the registration dossier, the Department of Justice issues a Certificate of Participation in Legal Aid to the requesting organization and notifies the National Legal Aid Center to coordinate activities. In case of refusal, the reasons must be clearly stated in writing.

3. Within seven working days from the date of issuance of the Certificate of Participation in Legal Aid, the organization receiving the certificate must publicly announce the contents of the Certificate of Participation in Legal Aid through local mass media. The provision of legal aid is counted from the date of public announcement of the Certificate of Participation in Legal Aid.

Registration for participation in legal aid does not require payment of fees.

Article 16. Amendment of Legal Aid Participation Registration Certificate

1. When there is a change related to the content of the Legal Aid Participation Registration Certificate, the Law Office, Law Company, Legal Consultation Center shall submit a request for amendment along with the issued Legal Aid Participation Registration Certificate to the Department of Justice where it has registered.

2. Within seven working days from the date of receipt of the request, the Department of Justice shall issue a new Legal Aid Participation Registration Certificate. In case of refusal, the reason must be clearly communicated in writing.

Issuing a new Legal Aid Participation Registration Certificate does not require payment of fees.

Article 17. Revocation of Legal Aid Participation Registration Certificate

1. The Legal Aid Participation Registration Certificate shall be revoked when the organization participating in legal aid falls under the circumstances stipulated in Clause 2, Article 48 of the Legal Aid Law that disqualify it from continuing to participate in legal aid.

2. The revocation of the Legal Aid Participation Registration Certificate shall be decided by the Director of the Department of Justice and publicly announced through local mass media so that the public is informed.

3. Upon revocation of the Legal Aid Participation Registration Certificate, the Law Office, Law Company, Legal Consultation Center shall not continue to provide legal aid and shall not be reissued a Legal Aid Participation Registration Certificate. Ongoing legal aid cases must be transferred to the Legal Aid Center in the locality where they have registered to participate in legal aid.

Article 18. Rights and Responsibilities of Law Offices, Law Companies, Legal Consultation Centers when Participating in Legal Aid

1. To implement legal aid within the scope of the Legal Aid Participation Registration Certificate; to coordinate with State Legal Aid Centers or Branches thereof to effectively carry out legal aid cases.

2. To request relevant authorities and organizations to provide information and materials related to legal aid cases to facilitate the provision of legal aid.

3. To refer individuals seeking legal aid to State Legal Aid Centers or their Branches for legal aid; to refuse or cease providing legal aid in cases prescribed in Article 45 of the Legal Aid Law.

4. To receive state support for professional training and legal aid skills for the team of legal aid participants.

5. To make recommendations to competent state agencies regarding issues related to the enforcement of laws arising during the implementation of legal aid.

6. To resolve disputes in legal aid according to the provisions of the Legal Aid Law and other relevant legal regulations.

7. To be commended and rewarded for achievements in legal aid activities or for positive contributions and support in expanding and developing legal aid work at the local level.

8. To ensure compliance with legal aid operation principles and legal aid regulations when members of their organization participate in legal aid.

9. To bear legal responsibility for the implementation of legal aid by lawyers and legal consultants under their management and to be responsible for compensating damages caused by their own fault during the provision of legal aid to beneficiaries.

10. To be subject to the management of competent state agencies; to report and compile statistics on legal aid to the Department of Justice where they are registered.

Chapter IV

LEGAL AID ADVISORS AND COLLABORATORS

Section 1. LEGAL AID ASSISTANTS

Article 19. Professional training for legal aid assistants and issuance of professional training certificates for legal aid assistants

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1. Persons holding a bachelor's degree in law, who have completed a lawyer training course, currently working at state legal aid centers, are assigned to attend a professional training course for legal aid assistants; if they meet the requirements of the professional training course for legal aid assistants, they will be issued a professional training certificate for legal aid assistants by the Academy of Judicial Studies under the Ministry of Justice in accordance with the provisions of the law.

Persons who were previously lawyers as defined by the Lawyers Law or exempted from the lawyer training course as defined by the Lawyers Law, currently working at state legal aid centers, are assigned to attend the examination for professional training for legal aid assistants; if they meet the requirements of the professional training course for legal aid assistants, they will be issued a professional training certificate for legal aid assistants by the Academy of Judicial Studies under the Ministry of Justice in accordance with the provisions of the law.

2. The Minister of Justice shall stipulate the program and duration of professional training courses for legal aid assistants for various occupational titles; issue regulations on the organization, examination, and issuance of certificates for professional training courses for legal aid assistants.

Article 20. Appointment and Removal of Legal Aid Assistants

1. Persons meeting the criteria specified in Clause 1, Article 21 of the Legal Aid Law and not falling within any of the cases specified in Clause 3, Article 20 of the Legal Aid Law shall be appointed as Legal Aid Assistants.

The period of legal work specified in Point d, Clause 1, Article 21 of the Legal Aid Law refers to the time during which they have held legal positions in specialized legal roles in agencies, organizations, and enterprises.

2. Legal Aid Assistants shall be removed from their positions when they fall into any of the following situations:

a) No longer meeting the criteria specified in Clause 1, Article 21 of the Legal Aid Law or falling within any of the cases specified in Clause 3, Article 20 of the Legal Aid Law;

b) Transferring to other jobs or retiring due to old age or loss of labor capacity;

c) Due to health reasons, family circumstances, or other valid reasons, it is deemed that they cannot ensure the completion of assigned tasks;

d) Engaging in any of the acts specified in Article 9 of the Legal Aid Law, making them no longer eligible to continue providing legal aid.

3. The Chairman of the Provincial People's Committee decides on the appointment and removal of Legal Aid Assistants based on the proposal of the Director of the Department of Justice.

Article 21. Procedures for Appointing Legal Aid Assistants

1. The Director of the Center selects individuals working at the Center and Branches who meet the conditions specified in Clause 1 of this Decree to propose to the Director of the Department of Justice to establish a dossier to submit to the Chairman of the Provincial People's Committee for the appointment of Legal Aid Assistants.

The dossier for appointing Legal Aid Assistants includes:

a) A letter proposing the appointment of Legal Aid Assistants from the Director of the Department of Justice, accompanied by a proposal letter from the Center Director;

b) A brief resume of the person proposed for appointment as a Legal Aid Assistant, including two color passport-sized photographs measuring 2cm x 3cm;

c) A professional training certificate for legal aid assistants;

d) A draft Decision on the appointment of Legal Aid Assistants along with a blank Legal Aid Assistant card.

2. Within fifteen days from the date of receipt of the dossier, the Chairman of the Provincial People's Committee shall examine and sign the appointment decision and the Legal Aid Assistant card.

Article 22. Use of Legal Aid Counsel Cards

1. The Legal Aid Counsel Card determines the legal status for Legal Aid Counsel to exercise their powers and responsibilities. Authorities, organizations, and individuals have the responsibility to facilitate conditions for Legal Aid Counsel to perform their powers and responsibilities as prescribed by law.

2. During working hours and when providing legal aid, Legal Aid Counsel must carry the Legal Aid Counsel Card and present it upon request of authorities, organizations, or individuals with jurisdiction when conducting legal aid activities.

3. Legal Aid Counsel are responsible for preserving the card. It is strictly prohibited for Legal Aid Counsel to misuse the card for personal purposes or for self-interest; if the Legal Aid Counsel Card is lost, the Legal Aid Counsel must immediately report to the nearest police station and the Director of the Center where they work.

4. If Legal Aid Counsel violate regulations on the use of the Legal Aid Counsel Card, they will be subject to disciplinary action, administrative handling, or criminal liability追究法律责任，视其性质和情节轻重而定。

5. The format of the card, issuance, change, and recovery of the Legal Aid Counsel Card shall be regulated by the Minister of Justice.

Article 23. Procedure for Dismissal of Legal Aid Counsel

1. When Legal Aid Counsel fall under any of the circumstances stipulated in Clause 2, Article 20 of this Decree, the Director of the Department of Justice shall establish a dossier for the dismissal of Legal Aid Counsel to submit to the Chairman of the Provincial People's Committee for consideration and decision.

The dossier for the dismissal of Legal Aid Counsel includes:

a) A proposal for the dismissal of Legal Aid Counsel from the Director of the Department of Justice, accompanied by a proposal from the Director of the Center;

b) Documents and papers proving that the Legal Aid Counsel falls under any of the circumstances stipulated in Clause 2, Article 20 of this Decree;

c) A draft Decision on the dismissal of Legal Aid Counsel.

2. Within fifteen days from the date of receipt of the dossier, the Chairman of the Provincial People's Committee shall examine and sign the decision to dismiss the Legal Aid Counsel.

Article 24. Powers and Responsibilities of Legal Aid Counsel

1. When providing legal aid, Legal Aid Counsel shall have rights and obligations as prescribed in Article 25 of the Legal Aid Law.

2. Legal Aid Counsel provide legal aid according to the assignment of the Center Director or Branch Manager. Legal Aid Counsel are accountable to the Center Director and to the law for the performance of their duties and powers. In cases of working at a Branch of the Center, they are also accountable to the Branch Manager.

3. In cases where Legal Aid Counsel cause damage while providing legal aid, the Center where they work shall bear the responsibility for compensation. The Legal Aid Counsel who caused the damage shall be responsible for reimbursing the Center according to the laws on civil servants and public officials.

Article 25. Professional Titles of Legal Aid Counsel

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1. Legal Aid Counsel hold professional titles of civil servants as prescribed by law.

2. The Minister of Home Affairs shall issue a list, code number, and classification of professional titles of Legal Aid Counsel.

3. The Minister of Justice shall issue professional standards for the titles of Legal Aid Counsel after consultation with the Minister of Home Affairs.

Article 26. Salary Scale and Policies for Legal Aid Assistants

1.18 Legal aid assistants shall be assigned and paid salaries according to the salary scale for civil servant positions as prescribed by law.

2. The leaders of the Center shall enjoy leadership position allowances as stipulated generally for state officials and civil servants.

3.19 Legal aid assistants shall receive responsibility allowances equal to 25% of their current salary plus leadership position allowances and out-of-scale allowances (if applicable). When participating in litigation, legal aid assistants shall receive case allowance at 40% of the rate applied to lawyers providing legal aid upon request of the State as specified in Clause 4, Article 20 of this Law. When representing outside of litigation, mediating, legal aid assistants shall receive case allowance at 20% of the rate applied to lawyers providing legal aid upon request of the State.

4. In cases where legal aid assistants travel on duty to verify details of legal aid cases or to serve the requirements of legal aid activities, they shall be reimbursed for transportation and accommodation expenses according to the current regulations on travel expenses for state officials and civil servants traveling within the country.

5. The Minister of Home Affairs shall take the lead in coordinating with the Minister of Finance and the Minister of Justice to specify the detailed provisions regarding allowances for legal aid assistants and leadership position allowances for the Center.

Article 26a. Uniforms for Legal Aid Assistants

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1. Legal aid assistants shall be provided with specific uniforms.

2. The Minister of Finance shall coordinate with the Minister of Justice to specify the detailed provisions regarding the issuance of uniforms for legal aid assistants.

3. The Minister of Justice shall specify the uniform design, management, and usage for legal aid assistants.

Section 2. VOLUNTEERS

Article 27. Procedures for Recognizing and Issuing Volunteer Cards

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1. Individuals who meet the criteria set forth in Clause 1, Article 22 of the Legal Aid Law and are not among the cases specified in Clause 3, Article 20 of the Legal Aid Law, if willing to become volunteers, shall submit their application files to the Center in the locality where they reside or work.

The application file for becoming a volunteer includes:

a) An application form for becoming an assistant in the prescribed format;

b) A copy of a bachelor's degree in law; a bachelor's degree in another field or a diploma in law;

c) A personal resume with confirmation from the People's Committee of the commune, ward, town where the applicant resides or from the organization where the applicant works, including two recent color passport-sized photos measuring 2 cm x 3 cm.

In cases where the applicant for volunteer status permanently resides in areas with special economic and social difficulties, ethnic minority and mountainous regions, and has worked in legal affairs for three years or more, or possesses legal knowledge and community reputation, the application file for volunteer status must include, in addition to the documents and materials specified in points a and c above, a certificate of time spent working in legal affairs from the agency or organization where the applicant has or is currently working, or a certificate from the People's Committee of the commune regarding the applicant's legal knowledge and community reputation.

2. Within four working days from the date of receipt of the application file, the Director of the Center shall check the completeness and accuracy of the file. If the file is valid, it shall be submitted to the Director of the Department of Justice for examination, recognition, and issuance of a volunteer card. If the file is invalid, it shall be returned to the applicant along with a written notification of the reasons.

3. Within three working days from the date of receipt of the application file submitted by the Center Director, the Director of the Department of Justice shall examine and issue a decision recognizing and issuing a volunteer card. In cases of refusal, a written notification of the reasons must be given to the applicant. The person refused has the right to appeal against the refusal to recognize and issue a volunteer card. Appeals shall be handled in accordance with the laws on appeals.

Article 28. Collaborative Contract

1. Individuals recognized and issued a collaborative member card shall enter into a collaborative contract with the Center. The Center is responsible for entering into a collaborative contract with the collaborative member. The collaborative member shall provide legal aid from the date the collaborative contract is signed.

2. The collaborative contract between the Center and the collaborative member serves as the basis for determining the responsibilities and rights of the parties in their collaborative relationship.

The collaborative contract must include the following main contents:

a) Names and addresses of the parties to the collaborative contract;

b) Forms of legal aid and areas of legal aid that the collaborative member intends to perform in accordance with Clause 2, Article 22 of the Legal Aid Law;

c) Rights and responsibilities of the parties in their collaborative relationship;

d) Issues related to terminating the collaborative contract and resolving disputes arising from the collaborative contract.

Article 29. Use of Collaborative Member Card

1. When providing legal aid, the collaborative member must carry the collaborative member card and present it upon request by authorized agencies, organizations, or individuals when performing professional legal aid activities.

2. The collaborative member is responsible for safeguarding the collaborative member card. It is strictly prohibited to use the collaborative member card for personal gain or private purposes. The collaborative member may not use the collaborative member card instead of an introduction letter, national identity card, or other personal identification documents; they may not lend the collaborative member card to others; and if the card is lost, they must immediately report it to the Director of the Center where they collaborate.

3. If the collaborative member violates regulations on the use of the collaborative member card, depending on the nature and severity of the violation, they may be terminated from the collaborative contract, have their card revoked, face disciplinary action, administrative penalties, or criminal liability as prescribed by law.

4. The model of the card, issuance, changes, and revocation of the collaborative member card are regulated by the Minister of Justice.

Article 30. Revocation of Collaborative Member Card

1. The collaborative member card will be revoked in any of the following cases:

a) The collaborative member does not provide legal aid within six months from the date of issuance of the collaborative member card, except for valid reasons;

b) The collaborative member commits one of the acts stipulated in Article 9 of the Legal Aid Law;

c) The collaborative member falls under one of the circumstances specified in Clause 3, Article 20 of the Legal Aid Law;

d) The collaborative member terminates the collaborative contract with the Center or fails to sign a collaborative contract with the Center within thirty days from the date of issuance of the collaborative member card.

2. When the collaborative member falls under any of the circumstances specified in Clause 1 of this Article, the Center Director issues a decision to terminate the collaborative contract with the collaborative member and requests the Provincial Department of Justice Director to revoke the collaborative member card.

3. Within seven working days from the date of receipt of the Center Director's request, the Provincial Department of Justice Director issues a decision to revoke the collaborative member card. A person whose card has been revoked may not continue to provide legal aid.

Article 31. Modes of Operation of Collaborative Members

Collaborative members participate in legal aid through the following modes:

1. Accepting legal aid cases directly requested by the beneficiary or assigned by the Center Director or Branch Manager.

2. Collaborative members operate individually or are organized into Collaborative Teams.

3. Collaborative members provide legal aid within the scope of the collaborative contract signed between the Center and the collaborative member.

Article 32. Rights and responsibilities of volunteers

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When participating in legal aid, volunteers have the rights and obligations as prescribed in Article 25 of the Legal Aid Law, and enjoy the following rights and responsibilities:

1. Receiving allowances and reasonable administrative expenses according to the provisions of the law for each specific case.

2. Proposing and recommending measures to expand and enhance the effectiveness of the Center's operations.

3. Being commended and rewarded when achieving outstanding results in legal aid work.

4. Using the volunteer card as prescribed in Article 29 of this Decree; returning the volunteer card when it is revoked as prescribed in Article 30 of this Decree.

5. Being responsible before the Director of the Center and before the law for the implementation of their legal aid cases. In cases where they work at Branches, they must also be responsible before the Branch Heads.

6. If a volunteer causes damage while providing legal aid, the Center where they collaborate will bear the responsibility for compensation. The volunteer who caused the damage must compensate the Center according to the provisions of civil law.

7. Reporting periodically and urgently as required by the Center; promptly reporting emerging issues during the implementation of legal aid and proposing solutions with the Center leadership.

Article 33. Allowances and Administrative Expenses for Volunteers Providing Legal Aid

1. When participating in legal aid, volunteers are entitled to allowances and reasonable administrative expenses.

2.24 Volunteers are entitled to allowances based on the number of hours of legal counseling and other forms of legal aid provided.

The allowance per working session (half a working day) applies to legal aid cases carried out through participation in litigation or representation outside of litigation.

The level of allowance for legal aid cases for volunteers and lawyers providing legal aid upon request of the State is determined based on the quality of the content of legal aid, the time spent on legal aid, the complexity of the legal aid case, the form of presenting the results of legal aid, and the form of legal aid.

In cases where legal aid is provided through participation in litigation, the allowance paid to lawyers providing legal aid upon request of the State is VND 500,000 per working session or allocated expenses per case with a minimum equivalent to three months' basic salary and a maximum of ten months' basic salary (depending on the nature and content of the case). The Ministry of Justice shall specify the nature and content of the case, the method of calculating working sessions, and the calculation of time as the basis for allocating expenses or paying allowances to lawyers per working session or per working time.

The time spent on legal aid includes the time spent reviewing case files and preparing materials for legal aid, meeting and contacting the person receiving legal aid or their relatives, verifying the legal aid case, and working time at agencies, organizations, or individuals related to the legal aid case. The basis for determining the working time of volunteers and lawyers providing legal aid upon request of the State is the confirmed working time by relevant agencies, organizations, or individuals.

3. Volunteers are entitled to reasonable administrative expenses when implementing legal aid cases, including fees payable according to the law on fees and charges, costs for copying documents, communication costs with the person receiving legal aid or their relatives, and other reasonable costs directly serving the implementation of legal aid. The basis for determining reasonable costs is the receipt of fees and charges or the receipt issued by authorized agencies, organizations, or individuals.

In cases where volunteers travel for the purpose of resolving legal aid cases, they are reimbursed travel expenses as staff or civil servants traveling on official business.

4. The Center is responsible for paying allowances and reasonable administrative expenses as stipulated by the State in accordance with Clause 2 and Clause 3 of this Article. The budget for these payments is included in the annual budget of the Center.

5. Apart from the allowances and expenses paid by the Center, volunteers may not demand additional payment from the person receiving legal aid or their relatives.

6. The Ministry of Finance shall coordinate with the Ministry of Justice to guide the allowances and reasonable administrative expenses for volunteers when providing legal aid.

Chapter V

LEGAL AID ACTIVITIES

Article 34. Areas of Legal Aid

The areas of legal aid include:

1. Criminal law, criminal procedure, and enforcement of criminal sentences.

2. Civil law, civil procedure, and enforcement of civil judgments.

3. Family law and laws concerning children.

4. Administrative law, complaints, accusations, and administrative litigation.

5. Land law, housing, environment, and consumer protection.

6. Labor law, employment, and insurance.

7. Laws on preferential treatment for those who have contributed to the revolution and other social preferential policies.

8. Other areas of law related to national programs aimed at eliminating hunger and reducing poverty, or directly related to the basic rights and obligations of citizens.

Article 35. Mobile Legal Aid

1. Mobile legal aid is carried out based on needs or at remote locations far from the center, deep rural areas, or regions with particularly difficult economic and social conditions.

2. The plan for mobile legal aid is developed by the Center or Branch based on the results of surveys of the legal aid needs of beneficiaries or the requirements of local political and social tasks as directed by the Provincial People's Committee or as requested by the locality.

3.25 The Center or Branch organizes sessions of mobile legal aid. When implementing mobile legal aid, the Center or Branch may request relevant agencies and departments at the local level to send representatives to participate. Participants in mobile legal aid sessions enjoy benefits and policies according to regulations for officials, civil servants, and employees on business trips.

4. Agencies, organizations, and People's Committees at the district and commune levels are responsible for coordinating and creating favorable conditions for the Center or Branch in organizing sessions of mobile legal aid and mobilizing volunteers to participate in legal aid.

5. The organization of mobile legal aid must be notified in writing to the People's Committee where it is planned to be held. After each session of mobile legal aid, the Center or Branch prepares a record and reports the results of the mobile legal aid to the People's Committee where the mobile legal aid was organized, and relevant agencies and departments.

The record of mobile legal aid clearly states the issues resolved, the issues that need to be addressed within the scope of responsibility and authority of each agency, department, People's Committee, cases to be referred back to the Center or Branch for continued implementation, and recommendations and suggestions regarding the enforcement of law in the locality. The Center or Branch is responsible for reporting the results to the Director of the Department of Justice and the Chairman of the People's Committee at the district level where the mobile legal aid was conducted. In special cases, if there are urgent issues, they report to the Chairman of the Provincial People's Committee about the implementation of law at the grassroots level and propose measures to improve the effectiveness of public service activities in the locality.

Article 36. Activities of Legal Aid Clubs

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1. Legal aid clubs are a form of community legal aid activity, providing opportunities for beneficiaries of legal aid, households near the poverty line, and local residents with legal issues to participate in club activities. Through legal counseling, the club helps beneficiaries enhance their understanding of the law to comply with the law, resolve legal issues themselves, and protect their legitimate rights and interests.

2. Legal aid clubs are under the management of the Commune People's Committee. The operating costs of legal aid clubs include expenses for copying documents and other reasonable expenses covered by the Center. The Commune People's Committee provides support in terms of venue and drinking water.

3. The Chairman of the Commune People's Committee decides to establish and approve the Charter of the Legal Aid Club based on the model Charter for Legal Aid Clubs issued by the Minister of Justice.

Article 37. Special Legal Activities

1. Special legal activities are events organized by the Center and Branches to hold talks and exchanges on specific legal issues directly related to the basic rights and obligations of citizens at locations where people often encounter difficulties and are widely concerned.

Special legal activities are organized in conjunction with mobile legal aid assistance campaigns, legal aid club activities, or independently according to local requirements in residential areas.

2. Persons providing legal aid, dispatched by the Center or its Branches to participate in special legal activities, shall enjoy benefits and policies as stipulated for civil servants and officials on official business trips.

3. Agencies, organizations, and local authorities have the responsibility to coordinate and create favorable conditions for the Center or its Branches to organize special legal activities.

Article 38. Participation in Litigation

1. Upon request from the person receiving legal aid or their lawful representative, the Director of the Center or the Head of the Branch shall issue a decision to dispatch a Legal Aid Officer or collaborating lawyer to participate in litigation as prescribed in Articles 29 and 39 of the Legal Aid Law.

2. Within no more than three working days from the date of issuing the decision to dispatch participants in litigation, the Director of the Center or the Head of the Branch must send the decision to the judicial agency conducting the litigation, the person receiving legal aid, and the person providing legal aid.

3. The Director of the Center or the Head of the Branch shall be responsible under the law for dispatching persons to participate in litigation, ensuring compliance with the standards prescribed by the legal aid laws.

4. The Center and Branches have the responsibility to coordinate with judicial agencies to monitor and manage the implementation of legal aid during litigation by Legal Aid Officers or collaborating lawyers dispatched by them, ensuring their activities are of high quality and effectiveness, fully adhering to the principles of legal aid operations and other relevant legal provisions.

5. In cases where it is necessary to change the person providing legal aid, the Center or Branch has the responsibility to dispatch a qualified person to continue handling the legal aid case.

Article 39. Representation Outside Litigation

1. Upon request from the person receiving legal aid or their lawful representative, the Director of the Center or the Head of the Branch shall issue a decision to dispatch a Legal Aid Officer or collaborating lawyer to perform representation outside litigation as prescribed in Articles 30 and 40 of the Legal Aid Law.

2. Within no more than three working days from the date of issuing the decision to dispatch representatives outside litigation, the Director of the Center or the Head of the Branch must send the decision to the person receiving legal aid, the person providing legal aid, and the agencies, organizations, or individuals related to the matter requiring representation.

Agencies, organizations, or individuals related to the representation matter have the responsibility to coordinate, create favorable conditions, and cooperate with the appointed representatives to enable them to exercise their rights and fulfill their obligations as prescribed by law.

3. The Director of the Center or the Head of the Branch shall be responsible under the law for dispatching persons to perform representation outside litigation, ensuring compliance with the standards prescribed by the legal aid laws.

4. The Center and Branches have the responsibility to coordinate with agencies, organizations, or individuals related to the representation matter to monitor and manage the implementation of legal aid by Legal Aid Officers or collaborating lawyers dispatched by them, ensuring their activities are of high quality and effectiveness, fully adhering to the principles of legal aid operations and other relevant legal provisions.

5. In cases where it is necessary to change the person providing legal aid, the Center or Branch has the responsibility to dispatch a qualified person to continue handling the legal aid case.

Article 40. Mediation in Legal Aid

1. When there is a request or with the consent of one or more parties, the organization implementing legal aid assigns a legal aid provider to act as an intermediary to analyze the circumstances of the case, explain legal provisions, guide the parties to negotiate on their own, reach a consensus on resolving the case without resorting to court or competent authorities, voluntarily withdraw complaints, resolve disputes on their own, and voluntarily comply with the resolution results.

2. Mediation may also be conducted when necessary to maintain community solidarity, social order and safety, protect the rights and legitimate interests of the parties, except where the law stipulates that mediation is not allowed.

3. The mediation must be recorded in a minutes document. The mediation minutes must fully reflect the results of the mediation process, the opinions of the legal aid provider and the parties regarding the content of the case, signed by the participating parties to voluntarily enforce the mediation results. The mediation minutes must be kept in the legal aid case file.

Article 41. Recommendations for Law Enforcement

1.27 When there is sufficient basis to believe that the competent state agency has failed to resolve the case within the prescribed time limit, or has refused to accept the case for resolution, or the resolution result does not comply with the law, causing damage to the person receiving legal aid, the organization implementing legal aid shall recommend to the competent state agency to review and resolve the case to protect the rights and legitimate interests of the person receiving legal aid. When making recommendations, the organization implementing legal aid must clearly state the content of the case, the applicable legal basis, the direction for resolving the case, and bear responsibility for the correctness of the recommendation.

2.28 Upon receipt of the recommendation document from the organization implementing legal aid, the competent state agency responsible for resolving the case must examine, resolve, and respond in writing within thirty days from the date of receipt of the recommendation; if there are valid reasons, this period may be extended, but not exceeding forty-five days, unless otherwise provided by law.

If the competent state agency fails to resolve the case or respond beyond the aforementioned period, the organization implementing legal aid may recommend to the higher-level state agency directly overseeing the competent state agency to resolve the case according to the law. The higher-level state agency directly responsible must direct and handle the case with a recommendation within thirty days from the date of receipt of the recommendation and notify the organization implementing legal aid in writing about the resolution results.

3. When resolving a case, if the organization implementing legal aid discovers that state officials intentionally act improperly or violate the law, causing damage to the person receiving legal aid, it shall recommend the direct management agency to review and resolve the law enforcement actions of those officials. The recommendation must clearly state the grounds, circumstances, content of the matter, and bear responsibility for the correctness of the recommendation.

4. When resolving a case, if the organization implementing legal aid finds that normative legal documents contain contradictions, overlap, or are no longer suitable for reality, it shall recommend to the competent state agencies to amend and supplement these normative legal documents. In the recommendation, the provisions requiring amendment and supplementation, proposed solutions, and measures to ensure effective implementation of the law must be clearly stated.

Article 42. Other forms of legal aid

1. In cases where the person receiving legal aid is unable to perform administrative procedures related to the exercise of basic rights and obligations of citizens, the Center or Branch shall assign legal aid officers or collaborating lawyers to assist them in performing these tasks.

2. To provide legal assistance to persons receiving legal aid during the complaint process as prescribed by laws on complaints, the Center or Branch shall assign legal aid officers or collaborating lawyers to participate in the complaint resolution process.

3. Providing legal information, pamphlets, pocket books, legal handbooks, other legal document publications through mobile legal aid assistance sessions, legal aid club activities, specialized legal topics; providing copies of relevant provisions of legal normative documents concerning the legal aid case; providing addresses for agencies, organizations, or individuals with jurisdiction over the case as prescribed by law.

Article 43. Criteria for evaluating the quality of legal aid cases

1.29 Evaluating the quality of legal aid cases involves applying quality criteria for legal aid cases to assess the implementation of legal aid, compliance with professional rules and application of law by those providing legal aid; creating a basis for determining the responsibility of those providing legal aid for the legal aid case.

2.30 The criteria for evaluating the quality of legal aid cases include the following main contents: facilitating conditions for the person receiving legal aid to access, present, and provide information about the legal aid case; ensuring comprehensive and timely implementation of the legal aid case; the content of legal aid being consistent with the law and social ethics; implementing legal aid procedures in accordance with legal regulations; the person receiving legal aid being satisfied with the spirit, attitude, method of implementation, and content of legal aid; legal aid case files being established in accordance with legal regulations.

3. The Minister of Justice shall issue standards for evaluating the quality of legal aid cases.

Chapter VI

RESPONSIBILITIES OF STATE ADMINISTRATIVE AUTHORITIES FOR LEGAL AID

Article 44. Responsibilities of the Ministry of Justice in managing state affairs regarding legal aid

1. The Ministry of Justice is responsible before the Government for managing state affairs regarding legal aid, having the following tasks and powers:

a) Building, issuing within its authority or submitting to competent state agencies for issuance, guiding, organizing, and supervising the implementation of legal normative documents on legal aid; researching, building strategies, plans, development master plans for legal aid, and organizing their implementation;

b) Issuing guidelines on professional matters, business practices, professional rules for legal aid, model regulations on the organization and operation of State Legal Aid Centers, collaboration regulations, internal rules at legal aid implementation sites, quality evaluation standards for legal aid cases;

c) Managing and guiding the organization and operation of Centers, Branches of Centers, and organizations participating in legal aid; applying information technology in state management; developing measures to support the development of legal aid activities;

d) Organizing training and professional skill enhancement for those providing legal aid and issuing Professional Skill Enhancement Certificates for legal aid; defining models for Legal Aid Participation Registration Forms, Legal Aid Officer Cards, Collaborator Cards, Application Forms for Collaborators, Collaboration Contracts; Legal Aid Request Forms, Legal Aid Implementation Forms, and other forms and documents; publishing legal aid materials;

đ) Implementing reporting and statistical systems for legal aid;

e) Directing, guiding, building, and managing the Legal Aid Fund;

g) Inspecting and supervising the implementation of legal aid and legal aid activities; organizing re-inspection and quality assessment of legal aid cases when necessary; implementing the resolution of complaints and denunciations regarding legal aid as prescribed by law; rewarding, disciplining, and handling violations in legal aid activities;

h) Implementing international cooperation in the field of legal aid;

i) Performing other tasks as prescribed by law.

2. The Legal Aid Department under the Ministry of Justice is the state administrative management agency and specialized management agency for legal aid, having the function of assisting the Minister of Justice in carrying out the above tasks and powers.

Article 45. Responsibilities of Ministries, ministerial-level agencies, and government agencies in state management of legal aid

Within their respective functions, tasks, and authorities, Ministries, ministerial-level agencies, and government agencies shall coordinate with the Ministry of Justice to implement state management of legal aid and have the following responsibilities and authorities:

1. State management of legal aid within the scope of their assigned responsibility.

2. Directing, urging, and inspecting subordinate agencies and units in the implementation of laws on legal aid.

3. Directing subordinate units to resolve complaints about the enforcement of laws in a final manner.

Article 46. Responsibilities of provincial People's Committees in state management of legal aid

1. Within their respective tasks and authorities, provincial People's Committees shall implement state management of legal aid at the local level and have the following responsibilities and authorities:

a) Issuing normative legal documents on legal aid within their authority or submitting them for approval by the same-level People's Council; guiding, organizing, and supervising the implementation of laws on legal aid at the local level;

b) Deciding on the establishment of State Legal Aid Centers and issuing regulations on the organization and operation of the Center based on model regulations issued by the Minister of Justice;

c) Managing the organization and operation of legal aid of the Center and Branches, and the participation of law firms, legal companies, and legal counseling centers in providing legal aid at the local level;

d) Managing persons providing legal aid at the local level; submitting to the same-level People's Council for approval of staffing for the Center and Branches; organizing professional training for persons providing legal aid within the local area;

đ) Directing the Department of Justice to perform tasks and exercise powers as prescribed by the Legal Aid Law and this Decree; directing specialized agencies under the provincial People's Committee, district People's Committees, and judicial organs to cooperate with the Center and Branches in legal aid work at the local level;

e) Developing plans to build cadres, ensure staffing, material infrastructure, operating funds, equipment, and working tools for the Center and Branches at the local level;

g) Inspecting, auditing, handling complaints and denunciations, rewarding, and punishing violations of laws on legal aid according to the provisions of the law;

h) Implementing reporting, statistical systems, mid-term and final evaluations on the organization and operation of legal aid at the local level.

2. The Department of Justice serves as an advisory body assisting the provincial People's Committee in performing the tasks and exercising powers stipulated in Clause 1 of this Article and acts as the focal point for coordinating with other Departments and agencies in implementing state management of legal aid at the local level.

Chapter VII

IMPLEMENTING PROVISIONS

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Article 47. Transitional Provisions

From January 1, 2007, when the Legal Aid Law comes into effect, the following organizations and individuals must act as follows:

1. State Legal Aid Centers established pursuant to Decision No. 734/TTg dated September 6, 1997, of the Prime Minister shall be transferred to operate according to the provisions of the Legal Aid Law and this Decree.

2. Branches of State Legal Aid Centers that have been established by decisions of the Department of Justice shall be reviewed and re-established by the Chairman of the provincial People's Committee according to the provisions of the Legal Aid Law and this Decree.

3. Legal Aid Centers, Legal Aid Offices, and other legal aid organizations belonging to political-social organizations, political-social-professional organizations, and social-professional organizations that were established and piloted according to the guidance of the Ministry of Justice, if they voluntarily continue to provide legal aid, shall be managed by their principal organizations to convert into Legal Counseling Centers, register their activities with the Department of Justice according to the Government's regulations on the organization and operation of legal counseling services, and register to participate in legal aid according to Article 17 of the Legal Aid Law and this Decree.

4. For other organizations engaged in legal aid activities not covered by the provisions of Clauses 2 and 3 of this Article, they must be dissolved or converted into Volunteer Teams of State Legal Aid Centers.

5. Legal aid officers working at State Legal Aid Centers who have met the requirements of the pre-Decree legal aid officer qualification examination organized by the Ministry of Justice before the effective date of this Decree shall be issued a Legal Aid Officer Qualification Certificate.

6. Directors of State Legal Aid Centers shall review the qualifications of volunteers. Those meeting the criteria set forth in Article 22 of the Legal Aid Law shall continue to volunteer and use their volunteer cards. In cases where individuals recognized as volunteers do not meet the criteria set forth in Article 22 of the Legal Aid Law, the Director shall issue a decision terminating the volunteer contract and request the Director of the Department of Justice to revoke the volunteer card.

7. Any violation of legal aid regulations must be examined and handled according to the Legal Aid Law and related legal documents.

Article 48. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations contrary to this Decree are abolished.

Article 49. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Nguyen Khanh Ngoc