Joint Circular No. 52/TTLT/TP-TC-TCCP-LDTBXH guides the implementation of Decision No. 734/TTg dated September 6, 1997, of the Prime Minister on the establishment of organizations providing legal aid to poor people and policy beneficiaries.

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF JUSTICE - THE GOVERNMENT ORGANIZATION AND CIVIL SERVICE AGENCY - THE MINISTRY OF FINANCE - THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS NO. 52/TTLT/TP-TC-TCCP-LĐTBXH ON 14TH JANUARY 1998 GUIDING THE IMPLEMENTATION OF THE DECISION NO. 734/TTG ON 6TH SEPTEMBER 1997 OF THE PRIME MINISTER REGARDING THE ESTABLISHMENT OF LEGAL ASSISTANCE ORGANIZATIONS FOR POOR PEOPLE AND POLICY OBJECTIVES

In implementing Decision No. 734/TTg dated September 6, 1997 of the Prime Minister on the establishment of legal assistance organizations for poor people and policy objectives, the Joint Ministry of Justice - Government Organization and Civil Service Agency - Finance - Labor, Invalids and Social Affairs guides specific issues as follows:

I. ELIGIBLE RECIPIENTS OF LEGAL ASSISTANCE

1. The following recipients are eligible for free legal assistance:

a. Poor individuals including those in destitute and poor households determined based on the average monthly income per person in the household converted to rice and money according to the standard published annually by the Ministry of Labor, Invalids and Social Affairs;

b. Policy beneficiaries include:

- Persons with meritorious service to the revolution: Those who were active in the revolutionary movement before August 1945; Mothers of Vietnam's Heroic Sons and Daughters, Heroes of the People's Armed Forces, Heroes of Labor; war invalids, persons receiving benefits equivalent to war invalids, disabled veterans losing more than 61% of their working capacity; wives (or husbands), biological parents, persons who raised martyrs' children under 18 years old, and persons who assisted the revolution;

- Ethnic minority groups residing in highland, remote, border, and island areas;

- Individuals exempted from court fees as stipulated in Clause 1, Article 13, Point a, b, Clause 1, Article 26; Point a, c, Clause 1, Article 31 of Decree No. 70/CP dated June 12, 1997 of the Government on court fees and litigation fees.

2. Recipients eligible for free legal assistance must present a certificate issued by the local commune, ward, town authority where they reside or by state-owned enterprises, organizations, political social organizations where they work (for poor individuals); or present a certificate or card issued by the competent state authority (for policy beneficiaries). In special cases, when recipients face difficulties in traveling, they may authorize relatives to request legal assistance.

II. SOME ISSUES REGARDING THE FUNCTIONS, TASKS, AND ORGANIZATION OF LEGAL ASSISTANCE ORGANIZATIONS

A. THE LEGAL ASSISTANCE COUNCIL UNDER THE MINISTRY OF JUSTICE:

Based on the provisions of Point 3, Article 2 of Decision No. 734/TTg dated September 6, 1997 of the Prime Minister, the Legal Assistance Council directly provides free legal assistance to poor individuals and policy beneficiaries in the following necessary cases:

1. Cases transferred from the Legal Assistance Organization under the Department of Justice due to difficulties or inability to handle them;

2. Cases within the scope of legal assistance referred by relevant agencies, organizations, or individuals.

The Council may employ associates in accordance with the Associate Regulations promulgated by the Minister of Justice.h.

B. LEGAL ASSISTANCE ORGANIZATIONS UNDER THE DEPARTMENT OF JUSTICE

The name of the Legal Assistance Organization under the Department of Justice is unified as:

"National Legal Assistance Center" followed by the name of the province or centrally governed city (hereinafter referred to as the Center).

1. Functions and tasks of the Center:

The Center provides free legal assistance to poor individuals and policy beneficiaries and participates in disseminating and educating the law to these groups.

Specific legal assistance tasks of the Center include providing free consultation, representation, and defense for poor individuals and policy beneficiaries in criminal, criminal procedure, civil-marriage family, civil-procedure, administrative, complaints, labor, employment, land, housing, and other legal fields related to citizens' lawful rights, interests, and obligations not within the business and trade domain.

The Center may invite lawyers to represent and defend the rights and lawful interests of these groups in cases requested by the beneficiaries or relevant agencies and organizations; provide legal assistance in defense for poor individuals and policy beneficiaries in minor or serious offenses committed unintentionally.

2. Organization and staffing:

The Center is a public service organization with legal personality at the department level under the Department, having its own seal and separate account.

The Center is subject to management by the Department of Justice in accordance with regulations for units under the Department and simultaneously directed in professional matters by the Legal Assistance Council.

The Center has positions of Director, Deputy Director, and legal assistance officers specializing in the following main legal fields:

- Criminal and Criminal Procedure;

- Civil-Marriage Family and Civil Procedure;

- Administrative and Complaints;

- Labor and Employment;

- Land and Housing.

The Director and Deputy Directors can concurrently serve as legal assistance officers in one legal field; apart from dedicated accountants, administrative and clerical work is handled by legal assistance officers.

Based on functions, tasks, and local legal assistance needs, the Chairman of the Provincial People's Committee or the centrally governed city arranges public service staff for the Center to ensure effective operation.

The Center may employ associates in accordance with the Associate Regulations promulgated by the Minister of Justice.

III. SCOPE AND METHODS OF LEGAL ASSISTANCE

1. Scope of legal assistance:

- Providing legal advice;

- Guiding, drafting, and commenting on petitions, documents related to citizens' rights and obligations;

- Guiding necessary procedures and providing addresses of competent authorities to resolve cases; providing legal information;

- Representing or participating in negotiations, signing, mediation with individuals, agencies, and organizations regarding civil, marriage family, labor, and other non-business and trade legal issues;

- Directly proposing or requesting higher-level management agencies to propose solutions to authorities with jurisdiction over legal assistance cases;

- Directly or inviting lawyers to defend the rights and lawful interests of beneficiaries before courts in accordance with the law.

2. Methods of legal assistance:

- Oral consultation, written consultation, consultation by mail, telephone consultation;

- Organizing mobile consultation in remote areas from the center;

- Inviting consulting collaborators, defenders, or representatives;

- Other forms of legal aid assistance.

IV. BUSINESS OPERATIONS OF LEGAL AID ORGANIZATIONS
LEGAL AID ORGANIZATIONS

Legal aid organizations carry out non-profit activities and are funded by the state budget. The sources of funding for legal aid organizations include the state budget funds and donations from domestic and foreign organizations and individuals.

1. Budget of the Legal Aid Agency:

The Legal Aid Agency is an entity under the Ministry of Justice. Annually, based on its activities and state policies, the Legal Aid Agency prepares a budget estimate to submit to the Ministry of Justice, which then consolidates it into the ministry's overall budget estimate submitted to the Ministry of Finance for approval by the Government and the National Assembly.

2. Operating budget of the Legal Aid Centers:

Legal Aid Centers are public service organizations under the Department of Justice. Annually, based on state regulations, their activities, and financial needs, the Centers prepare a budget estimate to submit to the Department of Justice, which then consolidates it into the department's overall budget estimate submitted to the Department of Finance for approval by the People's Committee of the province or centrally-administered city and implementation.

The People's Committee of the province or centrally-administered city ensures that the Legal Aid Center has adequate material resources to operate smoothly.

V. IMPLEMENTATION PROVISIONS

This Circular takes effect fifteen days from the date of issuance.

Any difficulties or issues encountered during implementation should be reported to the relevant ministries for consideration and resolution.