Decision No. 458/1998/QĐ-BTP On the issuance of the Regulation on the organization and operation of the Legal Aid Agency under the Ministry of Justice

Pursuant to …;

Regarding the issuance of the Regulation on the organization and operation of the Legal Aid Bureau under the Ministry of Justice

THE MINISTER OF JUSTICE

Pursuant to Decree No. 38/CP of the Government dated June 4, 1993 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 the poor and policy beneficiaries;

Pursuant to Circular Joint No. 52/TTLT/TP-TC-TCCP-LĐTBXH dated January 14, 1998 and Circular Joint No. 187/1998/TTLT-TCCP-TC-TP dated March 30, 1998 guiding the implementation of Decision No. 734/Ttg dated September 6, 1997 of the Prime Minister;

Considering the proposal of the Director of the Organization and Cadre Training Department and the Director of the Legal Aid Bureau,

DECISION:

Article 1. Issuing along with this Decision the "Regulation on the organization and operation of the Legal Aid Bureau under the Ministry of Justice".

Article 2. This Decision shall take effect fifteen days after its date of issuance.

Article 3. The Comrades Secretary General, Directors of the Organization and Cadre Training Department, Director of the Legal Aid Bureau, and Heads of units under the Ministry shall be responsible for implementing this Decision./.

 

 

REGULATIONS

ORGANIZATION AND OPERATIONS OF THE LEGAL AID BUREAU UNDER THE MINISTRY OF JUSTICE

(Issued together with Decision No. 458/1998/QĐ-BTP dated June 3, 1998 of the Minister of Justice)

PART I
FUNCTIONS, TASKS, POWERS OF THE LEGAL AID BUREAU

Article 1. Functions

The Legal Aid Bureau (hereinafter referred to as the Bureau) is an entity under the Ministry of Justice with the function of assisting the Minister of Justice in state management of free legal aid for the poor and policy beneficiaries, and directly implementing legal aid according to Decision No. 734/Ttg dated September 6, 1997 of the Prime Minister and related legal documents.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Legal Aid Bureau has the following tasks and powers:

1. Drafting, participating in drafting legal documents on free legal aid for the poor and policy beneficiaries to be submitted to the Government for approval or issued by the Ministry within its authority, and organizing the implementation of these legal documents;

2. Submitting to the Ministry for issuance or issuing within the Bureau's authority regulations on specialized technical and operational matters concerning free legal aid for the poor and policy beneficiaries, and guiding and supervising the implementation of these regulations;

3. Directing and guiding the professional and operational activities of legal aid for the National Legal Aid Centers of provinces and centrally-administered cities (hereinafter referred to as Centers);

4. Providing free legal aid for the poor and policy beneficiaries when necessary;

5. Implementing international cooperation in legal aid;

6. Managing the Legal Aid Fund according to the division of labor by the Minister of Justice;

7. Organizing training and capacity building in specialized knowledge, operational skills, and techniques for legal aid staff and volunteers;

8. Participating in the dissemination and education of laws for the poor and policy beneficiaries;

9. Managing personnel, finance, and material infrastructure of the Bureau in accordance with State regulations.

Chapter II
ORGANIZATIONAL STRUCTURE OF THE LEGAL AID BUREAU

Article 3. Organization and Staffing

The organization of the Bureau includes the Director, Deputy Directors, and the following functional departments:

1.1. Department for Management and Professional Training;

1.2. Legal Aid Assistance Department;

1.3. Administrative and Consolidation Department;

1.4. Accounting Department

2. The staffing of the Bureau is within the total administrative and public service staffing of the Ministry of Justice. Annually, based on the functions, tasks, and operations of the Bureau, the Minister of Justice decides to allocate quotas and staffing upon the proposal of the Director of the Legal Aid Bureau and the Director of the Personnel and Training Department.

Article 4. Duties and Authorities of the Director

The Director is responsible to the Minister of Justice for all activities of the Bureau and has the following duties and authorities:

1. Directing and organizing the implementation of the Bureau's operational plan approved by the Minister of Justice;

2. Managing and assigning staff to carry out the Bureau’s tasks as stipulated in this Regulation;

3. Managing the financial resources and physical assets of the Bureau;

4. Representing the Bureau in relations with agencies, organizations, and individuals when resolving issues related to the Bureau's activities.

Article 5. Duties and Authorities of Deputy Directors

Deputy Directors assist the Director in implementing certain aspects of work assigned by the Director and are responsible to the Director for the results of those tasks.

When authorized by the Director to handle Bureau affairs, Deputy Directors must be accountable and report to the Director on the results of the delegated work.

Article 6. Duties and Authorities of the Department for Management and Professional Training

The Department for Management and Professional Training assists the Director in performing the following duties and authorities:

1. Drafting or participating in drafting legal documents on legal aid for the Bureau to submit to the Minister of Justice for issuance or to the State agency with competent authority for issuance, and organizing guidance and inspection of their implementation;

2. Drafting regulations or guidelines on specialized, technical, and professional legal aid matters for the Director to issue within his/her authority, and guiding, urging, and inspecting the implementation of these documents;

3. Participating in building programs, projects, and draft documents within the Bureau's responsibility;

4. Guiding the establishment, operation, and monitoring the organization and activities of Centers;

5. Building and organizing the implementation, after approval by the Minister of Justice, plans and contents for training, professional development, skills, and ethical conduct in legal aid for staff and exchanging information for the legal aid workforce and volunteers.

Article 7. Duties and Authorities of the Legal Aid Assistance Department

The Legal Aid Assistance Department assists the Director in performing the following duties and authorities:
Providing legal aid for cases transferred from Centers due to difficulties or inability to implement them, and cases within the scope of legal aid transferred by competent agencies, organizations, and individuals in the following areas of law:

Criminal and Criminal Procedure;

Civil - Family and Civil Procedure;

Administrative and Complaints and Petitions;

Labor and Employment;

Land and Housing;

Some other areas not related to business and trade.

Managing and monitoring the legal aid activities of the Bureau's cooperative staff;

Proposing and recommending to the Bureau to submit to the Minister of Justice and relevant State agencies for amendments, supplements, or replacements of legal documents found unsuitable with reality during the implementation of legal aid;

Keeping records of legal aid-related documents and case files;

Participating in disseminating and educating the law to beneficiaries within the Bureau's scope.

Article 8. Duties and Authorities of the Administrative and Consolidation Department

The Administrative and Consolidation Department assists the Director in performing the following duties and authorities:

1. Managing seals; incoming and outgoing documents in accordance with the provisions of the law;

2. Compiling, building weekly, monthly, quarterly, and annual work programs and plans for the Bureau and monitoring, urging functional departments to implement these programs and plans;

3. Summarizing the organizational and operational situation of Centers as required by Bureau leadership;

4. Guiding Centers in organizing mid-term and final reviews on practical legal aid work;

5. Cooperating with functional departments of the Bureau to propose rewards for collectives and individuals from Centers who have achieved results in their work;

6. Assisting the Director in coordinating with relevant units to implement international cooperation in legal aid and monitoring the implementation of projects funded by international organizations;

7. Managing the use and implementing preservation measures for the Bureau's facilities.

Article 9. Duties and Authorities of the Accounting Department

The Accounting Department assists the Director in performing the following duties and authorities:

1. Building budget plans and financial budgets for annual and emergency activities for the Bureau to submit to the Minister of Justice for approval and implementation after being approved by the Minister of Justice;

2. Implementing allowances for cooperating staff as stipulated in Joint Circular No. 187/1998/TTLT-TCCP-TC-TP dated March 30, 1998;

3. Assisting the Director in managing the Legal Aid Fund according to the Regulations issued by the Minister of Justice;

4. Implementing the Bureau's financial and accounting systems in accordance with regulations.

Article 10. Duties, Authorities, and Responsibilities of Heads and Deputy Heads of Departments

The Head of the Department is responsible to the Director for all activities of the Department and has the following duties and authorities:

1.1. Directing and organizing the implementation of the Department's activity plan approved by the Director;

1.2. Managing and arranging staff to perform functions and tasks assigned by the Director;

1.3. Representing the Department in relations with functional departments of the Bureau when resolving issues related to the Department's operations. The Deputy Head assists the Head in carrying out some aspects of work assigned by the Head and is responsible to the Head for the results of those tasks.

Article 11. Authorities and Obligations of Staff Members

When performing Bureau tasks, staff members have the following authorities and obligations:

1. Performing the tasks assigned by the Department leader promptly and effectively and being responsible for the results of such performance;

2. Studying, proposing, and reporting to the Department leader on issues arising during the process of handling specific tasks and recommending solutions to these issues;

3. In cases where they are directly assigned tasks by the Bureau leader, they must be responsible for the results of such tasks before the Bureau leader and can propose and report to the Bureau leader on issues arising during the execution process and solutions to these issues;

4. Requesting information and materials related to the tasks assigned;

5. Enjoying benefits and fulfilling obligations as prescribed by the State for staff members;

6. Adhering to internal rules, regulations, professional guidelines, and other relevant legal provisions.

Article 12. Interns

The Bureau may employ interns in its legal aid activities in accordance with the regulations on interns of legal aid organizations issued by the Minister of Justice.

Chapter III
WORKING REGIME OF THE LEGAL AID BUREAU

Article 13. Drafting and Approving Documents

1. When drafting documents for issuance by the Minister of Justice or for submission to competent authorities for issuance, the Director shall lead the drafting process, organize the collection of opinions from relevant units and agencies. Before submitting to the Minister of Justice or leaders of related ministries and sectors, the Director or Deputy Director authorized by the Director must review the draft and sign off on the document.

The functional departments assigned to handle the work must monitor the implementation, compile opinions, prepare files, and promptly report to the Director on any new issues arising.

2. Directives, guidance, and reminders to Centers drafted by functional departments according to the Director's assignment. Before presenting to Bureau leadership for consideration, comments, or issuance, the Head of Department or Deputy Head of Department authorized by the Head of Department must review and check the draft and sign off on the document.

Article 14. Work Plan Preparation

The preparation of the next year's work plan must be completed within the first week of December of the previous year. The Bureau's annual work plan, prepared by the Director based on the Ministry of Justice's annual program and work plan regarding legal aid, must be submitted to the Minister of Justice for approval.

The Bureau's annual and monthly work plans, prepared by the Administrative and Consolidation Department based on the opinions of functional departments, must be submitted to the Director for decision.

Based on the Bureau's annual work plan, functional departments must develop their own monthly work plans. Monthly work plans must be developed immediately in the last week of the preceding month. Based on the Bureau's work plan, functional departments must develop their weekly work plans.

Article 15. Reporting on Work

The Legal Aid Bureau implements annual reports, semi-annual reports, monthly reports, and weekly reports to be compiled by the Ministry's Office and submitted to the Minister of Justice.

Functional departments submit reports on the completion of their tasks to the Administrative and Consolidation Department for consolidation into a comprehensive report to be presented to the Director.

Article 16. Meetings

Bureau leadership convenes a meeting once a week to evaluate the implementation of the weekly work plan and to deploy the Bureau's work plan for the following week.

Monthly, every six months, and annually, the Bureau organizes a full staff meeting once to assess the implementation of the monthly, six-monthly, and annual work plans and to deploy the work plan for the subsequent period. The meeting time is decided by the Director.

In cases where necessary, to announce directives from the Minister of Justice or to implement urgent tasks, the Director may convene an emergency Bureau meeting.

Functional departments hold a meeting once a month in the last week of the month to evaluate the implementation of the monthly work plan and to deploy the work plan for the following month.

In cases where necessary, the Director or Deputy Director may attend department meetings.

Article 17. Information

Monthly, the Director or Deputy Director authorized by the Director must disseminate the program and work plan of the Bureau; convey information and directives from the Minister of Justice regarding the activities of the Bureau; provide directives to Departments on the implementation of tasks and issues related to their work so that officers and civil servants are aware; listen to proposals and reflections from relevant officers concerning the execution of tasks.

During the performance of tasks or upon receiving information related to the Bureau's work, officers and civil servants must promptly report to the Bureau leadership about the results of the task execution or received information to seek guidance; officers and civil servants shall not arbitrarily disclose information without specific directives from the Bureau or Ministry leadership.

Article 18. Administrative Work, Handling and Archiving of Official Correspondence, Documents and Records

1.1. Incoming correspondence must be registered in the "incoming correspondence book" according to the prescribed model and promptly transferred to the Director for processing. Functional Departments receiving correspondence must sign in the tracking book.

1.2. Outgoing correspondence must be registered in the "outgoing correspondence book" according to the prescribed model. Before sending out correspondence, a copy must be kept in the Administrative Department for consolidation.

Handling of Correspondence

According to the Director's assignment, correspondence is transferred to officers, civil servants, or functional Departments assigned; officers, civil servants, or functional Departments assigned have the responsibility to examine and handle promptly according to the nature and requirements of the correspondence content.

Archiving of Documents, Correspondence, and Records

Documents, correspondence are stored in the Administrative Department and arranged by type, level issued, chronological order, with accompanying indexes.

The archiving of documents, correspondence, and records must comply with general confidentiality regulations under the law.

Documents, materials, data currently under study or revision; cases currently under examination or resolution must be retained and kept confidential according to legal regulations.

Article 19. Labor Management

Labor management in each Department must comply with the Labor Code, Civil Servant Ordinance, and current guiding documents.

Officers and civil servants invited to participate in common activities of the Ministry or units under the Ministry outside the scope of the Bureau's tasks must report and only proceed with the activity after obtaining the Director's approval.

In case of sudden leave for personal matters, if the duration does not exceed one working day, officers and civil servants must report to the Department Head for submission to the Director and can only take leave with the Director's approval. Leave exceeding one day is implemented according to labor law regulations.

For annual leave, officers and civil servants must report to the Director seven days in advance for consideration and direction to ensure it does not affect the implementation of the Bureau's work plan.

Chapter III
WORK RELATIONSHIP OF THE LEGAL ASSISTANCE BUREAU

Article 20. Relationship with Ministry Leadership

The Legal Assistance Bureau is directly guided by the Minister of Justice and is responsible for:

Organizing the implementation of the Minister of Justice's directives on legal assistance activities and ensuring effective implementation; while guiding and monitoring the implementation of legal assistance activities by Centers:

Promptly reflecting proposals and suggestions from officers and civil servants within the unit to the Minister of Justice and organizational, staffing, policy, and other issues related to the organization and operation of the Bureau; while ensuring timely communication of the Minister of Justice's decisions related to the Bureau's professional organization and operation;

Promptly reflecting to the Minister of Justice the requests of Centers and local state management agencies regarding issues within the Ministry's jurisdiction and resolution plans;

Reporting to the Minister of Justice on the organizational and operational situation of Centers periodically or as required.

Article 21. Relations with the Department of Justice

The Bureau assists the Minister of Justice in directing and guiding the Departments of Justice on the construction, improvement of organizational structure, and operation of legal aid activities at the local level to ensure both national uniformity and suitability for each locality's specific conditions, thereby enhancing the effectiveness of these activities.

Article 22. Relations with Centers

The Bureau collaborates with the Departments of Justice in directing, guiding, and inspecting the professional and operational aspects of legal aid provided by the Centers.

Article 23. Relations with Ministries, Agencies Equivalent to Ministries, and Government Agencies

The Bureau serves as the focal point assisting the Minister of Justice in coordinating with relevant agencies to manage state administration over legal aid activities and to address issues related to free legal aid for the poor and policy beneficiaries, as well as managing volunteers in legal aid activities.

Article 24. Relations with Units under the Ministry of Justice

For units under the Ministry of Justice, the Bureau has equal-level relations and collaborates to resolve work areas related to the organization and operations of the Bureau according to the directives of the Minister of Justice, specifically as follows:

Collaborating with the Personnel Organization and Training Department to submit to the Minister of Justice decisions regarding organizational structures, staffing, recruitment of civil servants, and implementation of regulations and policies for civil servants; collaborating in the development of training plans and programs to enhance the qualifications of civil servants within the Bureau and Centers;

Collaborating with the Planning and Finance Department, the Office of the Ministry to submit to the Minister of Justice decisions concerning budget estimates, operating funds, infrastructure, and administrative documentation and record-keeping in accordance with general state regulations;

Collaborating with the International Cooperation Department in organizing and implementing international cooperation in the field of legal aid according to the division of labor and directives from the Minister of Justice, following the Party’s foreign policy and state laws on international cooperation and the Ministry of Justice’s external relations regulations;

Collaborating with other units within the Ministry in areas such as: drafting laws on legal aid; legal advice and public legal education; scientific research on legal aid; building and managing the volunteer workforce for legal aid; inspection and supervision; commendation and handling violations according to legal provisions, and collaboration in other related fields.

Chapter IV
IMPLEMENTING PROVISIONS

Article 25. Implementation Provisions

The Bureau is responsible for continuously monitoring and evaluating the implementation of this Regulation; if there are obstacles or new issues arise, the Bureau must propose to the Minister of Justice to amend and supplement the Regulation to align with current realities and existing legal provisions.