Pursuant to …;

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

_________________

THE MINISTER OF JUSTICE

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

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

Pursuant to Circular Joint 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 Circular Joint No. 187/1998/TTLT-TCCP-TC-TP dated March 30, 1998 guiding the allowance system for volunteers;

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

DECISION:

Article 1. The Regulations on volunteers of legal aid organizations are hereby promulgated along with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of signature.

The Director of the Legal Aid Agency, heads of units under the Ministry, Directors of provincial Departments of Justice, and Directors of state legal aid centers directly under the central government shall be responsible for implementing this Decision./.

 

 

REGULATIONS

Volunteer of a legal aid organization

(Issued together with Decision No. 459/1998/QĐ-BTP dated June 3, 1998)

of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Volunteer.

 The volunteer of the Legal Aid Agency and state legal aid centers directly under the central government (hereinafter referred to collectively as legal aid organizations) is a person recognized and contracted by the legal aid organization according to these Regulations.

Article 2. Purpose.

 The legal aid activities of volunteers aim to protect the legitimate rights and interests of the poor and policy beneficiaries and contribute to disseminating and educating the law among these groups.

Article 3. Object of volunteer.

 The Ministry of Justice welcomes legal officers from judicial agencies, sectoral legal departments, and relevant agencies; lawyers and legal experts working at law firms and legal advisory organizations; retired legal officers, and law students willing to volunteer for legal aid organizations; encourages agencies and organizations to encourage and create favorable conditions for their staff to participate as volunteers.

 The Ministry of Justice also welcomes law firms and legal advisory organizations to cooperate with legal aid organizations in performing legal aid tasks.

Article 4. Principles of operation.

 Volunteers must perform legal aid accurately, objectively, impartially, promptly, and effectively; they must comply with legal provisions on legal aid activities.

Chapter II

VOLUNTEERS

Article 5. Standards.

 Volunteers of legal aid organizations must meet the following standards:

 1. They must be Vietnamese citizens residing in Vietnam;

 2. Hold a bachelor's degree in law or have at least five years of legal work experience;

 3. Have full capacity for civil conduct; not currently being pursued for criminal responsibility, not currently serving a sentence, and not having had their criminal record expunged;

 4. Possess firm political qualities, good moral character, a sense of responsibility, and the ability to complete assigned tasks.

 Final-year law students meeting the criteria set forth in Points 1, 3, and 4 of this Article may also be considered for recognition as volunteers.

Article 6. Recognition procedure and issuance of card.

 A. The recognition of volunteers must follow the procedures below:

 1. Individuals wishing to become volunteers submit a complete application package to the legal aid organization including:

 1.1 Request to become a volunteer;

 1.2 A certified copy of the bachelor's degree in law issued by the competent authority or a certificate of legal work experience from the place of employment. For law students, a school certificate accompanied by grade sheets of relevant courses is required;

 1.3 A detailed resume with confirmation from the People's Committee of the commune, ward, or town where the individual resides or from the workplace.

 2. Within fifteen days from receiving a complete and valid application, based on the standards and the need for volunteers, the leadership of the legal aid organization will consider whether to recognize or not recognize the individual as a volunteer.

 3. Individuals recognized as volunteers will enter into a contract with the legal aid organization.

 Staff members assigned to volunteer positions by their main management agency upon the request of the legal aid organization will be exempted from the procedures stipulated in Section A, Point 1 of this Article.

 B. Issuance of volunteer cards is carried out as follows:

 1. The Director of the Legal Aid Agency signs and issues volunteer cards for the Legal Aid Agency;

 2. The Director of the Provincial Department of Justice issues volunteer cards for the center.

Article 7. Rights of volunteers.

 Volunteers have the following rights:

 1. To be issued a volunteer card;

 2. To receive training in legal aid;

 3. To request necessary information and materials to support legal aid activities;

 4. To receive allowances and reasonable administrative expenses paid by the legal aid organization according to Circular Joint No. 187/1998/TTLT-TCCP-TC-TP dated March 30, 1998;

 5. To propose suggestions for improving and expanding the activities of the legal aid organization.

Article 8. Obligations of volunteers.

 1. To carry out legal aid tasks assigned by the legal aid organization; to record case files and retain legal aid documents according to general regulations;

 2. To be responsible for the content of legal aid cases before the legal aid organization and the law;

 3. Not to demand any fees from the beneficiaries of legal aid;

 4. Not to use the volunteer card or the title of volunteer to engage in illegal business brokering or other activities outside the scope of assigned legal aid tasks;

 5. To comply with these Regulations, the Regulations on the organization and operation of legal aid organizations, legal aid practice rules, and related legal provisions.

Article 9. Forms of cooperation.

 Volunteers of legal aid organizations can cooperate in the following forms:

 1. Working at the headquarters of the legal aid organization;

 2. Working outside the headquarters by agreement.

Chapter III

REWARD, DISCIPLINARY ACTION FOR VIOLATIONS AND IMPLEMENTATION PROVISIONS

Article 10. Awards.

 Legal assistants with outstanding achievements in legal aid activities shall be rewarded by the legal aid organization, the Department of Justice, the Ministry of Justice, or relevant agencies, in accordance with the general regulations of the State.

Article 11. Handling violations.

 Legal assistants who commit any of the following violations shall, depending on the severity, be suspended from cooperation by the legal aid organization, have their assistant cards revoked, and bear legal responsibility:

 1. Failure to comply with legal aid professional rules or violation of laws related to legal aid;

 2. Using the assistant card and acting under the guise of a legal assistant to carry out activities outside the scope of work assigned by the legal aid organization;

 3. Requesting compensation from beneficiaries or intentionally causing difficulties for those receiving legal aid;

 4. Violating other provisions concerning legal aid cooperation contracts.

Article 12. Implementation clause.

 During implementation, if there are any issues or new problems arise, the legal aid organization must propose amendments and supplements to ensure alignment with current realities and existing legal regulations./.