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

JOINT CIRCULAR

Guidelines for implementing Decision No. 734/TTg dated September 6, 1997 of the Prime Minister

on the establishment of organizations to provide legal aid to poor people and beneficiaries of social policies

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Implementing Decision No. 734/TTg dated September 6, 1997 of the Prime Minister on the establishment of organizations to provide legal aid to poor people and beneficiaries of social policies, the Ministry of Justice - Civil Service Organization of the Government - Finance - Labor, Invalids and Social Affairs provide specific guidance on the following issues:

I. ELIGIBLE RECIPIENTS OF LEGAL AID

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

a. Poor individuals including those classified as destitute or impoverished households based on the average monthly income per capita converted into rice and money according to the standards published annually by the Ministry of Labor, Invalids and Social Affairs;

b. Beneficiaries of social policies including:

- Persons who have rendered meritorious service to the revolution: persons who were active in the revolutionary movement before August 1945; mothers of heroes, national heroes, labor heroes; war invalids, persons receiving benefits equivalent to war invalids, sick veterans with a disability rate of 61% or higher; wives (or husbands), biological parents, persons who raised martyrs, children under 18 years old of martyrs; persons who assisted the revolution.

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

- Recipients 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. Eligible recipients of free legal aid must present a certificate issued by the local commune, ward, town authority or state agencies, enterprises, associations, political organizations where they work (for poor individuals); or a certificate or card issued by competent state authorities (for beneficiaries of social policies). In exceptional cases, when recipients face difficulties in traveling, they may authorize relatives to request assistance.

II. SOME ISSUES REGARDING THE FUNCTIONS, RESPONSIBILITIES, AND ORGANIZATION OF LEGAL AID ORGANIZATIONS

A. Legal Aid Bureau under the Ministry of Justice:

Pursuant to Point 3, Article 2 of Decision No. 734/TTg dated September 6, 1997 of the Prime Minister, the Legal Aid Bureau directly provides free legal aid to poor individuals and beneficiaries of social policies in the following necessary circumstances:

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

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

The Bureau may employ associates pursuant to the Associate Regulations promulgated by the Minister of Justice.

B. Legal Aid Organizations under the Department of Justice:

The name of the Legal Aid Organization under the Department of Justice shall be uniformly designated as:

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

1. Functions and responsibilities of the Center:

The Center has the function of providing free legal aid to poor individuals and beneficiaries of social policies and participating in the dissemination and education of laws for these groups.

Specific legal aid tasks of the Center include providing free consultation, representation, and defense for poor individuals and beneficiaries of social policies in criminal, criminal procedure, civil, family, civil procedure, administrative, complaints, and appeals; labor, employment; land, housing, and other areas of law related to citizens' rights, legitimate interests, and obligations not within the business and trade sectors.

The Center may invite lawyers to represent and defend to protect the rights and legitimate interests of these groups upon request from the recipients or relevant agencies and organizations; assist in defending in cases where poor individuals and beneficiaries of social policies commit minor or serious offenses unintentionally.

2. Organization and staffing:

The Center is a public service organization with legal personality equivalent to a department 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 is simultaneously directed in professional matters by the Legal Aid Bureau.

The Center has the positions of Director, Deputy Director, and legal aid officers specializing in the following main areas of law:

- Criminal and Criminal Procedure;

- Civil and Family Law and Procedure;

- Administrative and Complaints and Appeals;

- Labor and Employment;

- Land and Housing.

The Director and Deputy Directors may concurrently serve as legal aid officers in one area of law; apart from dedicated accountants, administrative and clerical work is handled by legal aid officers on a part-time basis.

Based on functions, responsibilities, and the need for legal aid in the locality, the Chairman of the People's Committee of the province or centrally-administered city allocates public service staff for the Center to ensure effective operation.

The Center may employ associates pursuant to the Associate Regulations promulgated by the Minister of Justice.

III. SCOPE AND METHODS OF LEGAL AID

1. Scope of legal aid:

- 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 agreements, mediations with individuals, agencies, and organizations regarding civil, family, labor, and other non-business and trade legal issues;

- Directly recommending or requesting higher-level management agencies to recommend resolution of issues related to legal aid cases to competent authorities;

- Directly or inviting lawyers to defend the rights and legitimate interests of recipients of legal aid before courts in accordance with the law.

2. Methods of legal aid:

- Oral, written, postal, and telephone consultations;

- Organizing mobile consultations in remote areas远离中心；保持内容不变，仅调整语序以符合英语表达习惯。继续翻译剩余部分，无需更改格式或添加其他内容。

- Invite advisory consultants, defense attorneys, or representatives;

- Other forms of legal aid assistance.

IV. BUSINESS OPERATIONS OF LEGAL AID ORGANIZATIONS

Legal aid organizations carry out non-profit activities, funded by the state budget. The sources of funding for legal aid organizations include the portion allocated from the state budget 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 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 budget estimates to submit to the Department of Justice, which then consolidates them into the department's overall budget estimate submitted to the Department of Finance for approval by the provincial or centrally-administered municipal People's Committee and implementation.

The provincial or centrally-administered municipal People's Committee ensures material infrastructure for the Centers' smooth operations.

V. IMPLEMENTATION PROVISIONS

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

During implementation, if difficulties arise, they should be reported to the relevant ministries for review and resolution./.