Consolidated Document number 570/VBHN-BTP detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities

CIRCULAR

Detailed provisions on certain articles of the Legal Aid Law and guidance on documents in legal aid activities

Circular No. 08/2017/TT-BTP dated November 15, 2017, issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities, effective from January 1, 2018, has been amended and supplemented by:

1. Circular No. 03/2021/TT-BTP dated May 25, 2021, issued by the Minister of Justice amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017, issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018, issued by the Minister of Justice guiding certain business activities in legal aid and managing the quality of legal aid cases, effective from July 15, 2021;

2. Circular No. 09/2022/TT-BTP dated December 30, 2022, issued by the Minister of Justice abolishing some contents in circulars in the field of legal aid and household registration issued by the Minister of Justice, effective from January 1, 2023;

3. Circular No. 10/2023/TT-BTP dated December 29, 2023, issued by the Minister of Justice amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017, issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities and Circular No. 12/2018/TT-BTP dated August 28, 2018, issued by the Minister of Justice guiding certain business activities in legal aid and managing the quality of legal aid cases, effective from February 15, 2024.

Pursuant to the Legal Aid Law dated June 20, 2017;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

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

The Minister of Justice issues this Circular detailing certain articles of the Legal Aid Law and providing guidance on documents in legal aid activities[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation contract for legal aid; registration to participate in implementing legal aid; probation, examination of the results of probationary legal aid, and guiding documents in legal aid activities.

Article 2. Applicability

This Circular applies to the following subjects:

1. Legal aid officers, legal aid volunteers, lawyers, and legal advisors implementing legal aid.

2. Probationers in legal aid.

3. Persons receiving legal aid.

4. Organizations practicing law and organizations providing legal advice participating in legal aid.

5. State Legal Aid Centers, Departments of Justice, and other relevant agencies, organizations, and individuals.

Chapter II. CONTRACT FOR IMPLEMENTING LEGAL AID

Section 1. SELECTION, CONTRACT SIGNING WITH LAWYERS; CONTRACT SIGNING WITH LEGAL ASSISTANTS

Article 3. Determining the Number of Lawyers Expected to Sign Contracts

Based on the legal aid resources at the local level, the State Legal Aid Center (hereinafter referred to as the Center) evaluates the Center's ability to meet the demand for legal aid based on the results of legal aid cases implemented in the previous year, the number of legal aid officers, the number of lawyers who have signed contracts, the number of cases adjudicated in the previous year, the total number of people receiving legal aid, changes in the local population, and other contents affecting legal aid work at the local level to forecast the number of lawyers signing contracts to implement legal aid (hereinafter referred to as lawyers).

Article 4. Evaluation Team for Lawyer Selection

1. The Director of the Center decides to establish an Evaluation Team for Lawyer Selection Files (hereinafter referred to as the Evaluation Team for Lawyers) consisting of three to five members who have legal knowledge, understand legal aid activities, including a representative of the local Bar Association. The head of the Evaluation Team for Lawyers is a leader of the Center.

2.[2] The Evaluation Team for Lawyers is responsible for:

a) Building a notice for lawyer selection;

b) Evaluating lawyer selection files and being responsible for the evaluation results and selection outcomes.

3. Members of the Evaluation Team for Lawyers are responsible for:

a) Evaluating and personally bearing responsibility for their evaluation results;

b) Being independent, impartial, honest, and keeping confidential information related to the performance of their tasks;

c) Performing other tasks assigned by the team leader.

Article 5. Notice for Lawyer Selection

1. The notice for lawyer selection includes the following contents:

a) The number of lawyers expected to be selected;

b) Conditions for signing contracts to implement legal aid services as stipulated in Clause 3 and Clause 5, Article 14 of the Legal Aid Law; methods, criteria, and scoring scales for file evaluation;

c) Requirements for files as prescribed in Article 6 of this Circular;

d)[3] Location and deadline for submitting files. The submission deadline is specifically defined in the notice, with a minimum of 20 days and a maximum not exceeding 30 days from the date the notice is published;

d) Draft contract for implementing legal aid services;

e) Other requirements (if any).

2. The notice for lawyer selection must be published for a minimum of five working days on the website of the local Department of Justice.

Article 6. Files for Lawyer Selection

1.[4] Files for lawyer selection include:

a) A request to participate in selecting a contract to implement legal aid, which clearly states compliance with the conditions stipulated in Clause 3, Article 14 of the Legal Aid Law and introduces the lawyer's practice history, litigation cases participated in; experience in legal aid (if any);

b) A copy of the lawyer's license card;

c) Other documents according to the notice for lawyer selection (if any).

2. Lawyers are responsible for the accuracy of the provided information.

3.[5] Lawyers submit directly or send through postal services, email one set of files to the Center. In case the file is submitted directly, the submission date is recorded on the receipt. In case the file is sent through postal services, the submission date is based on the arrival date stamp of the postal service. In case the file is sent via email, the submission time is when the file arrives at the Center's email address. If the file arrives at the Center's email address outside regular working hours, the submission time is calculated from the start of the next working day and hour.

Article 7. Evaluation of Applications and Contracting with Lawyers

1.[6] Within ten days from the deadline for submitting applications, the Lawyer Evaluation Team must complete the evaluation process. In cases where necessary, the evaluation period may be extended but not exceeding three working days.

2. The evaluation process consists of two steps, including:

Step 1: Assessing the validity of the application. Using pass/fail criteria to evaluate, applications that are submitted fully and on time will be deemed to meet requirements as stipulated in Clause 1, Article 6 of this Circular and will proceed to Step 2.

Step 2: Evaluate the degree of meeting the demand for legal aid. Using a scoring method on a scale of 100 points to evaluate, where the minimum and maximum scores for each criterion are specified. The final score is the average score of the Evaluation Team for Lawyers members and is ranked from highest to lowest. In case two or more lawyers have the same score, the head of the Evaluation Team for Lawyers decides.

3. The head of the Evaluation Team for Lawyers is responsible for compiling the evaluation results of the members and ranking them from highest to lowest according to the scores achieved. The compiled evaluation result table must be signed by all members.

4.[7] The Center is responsible for notifying the selection results to the lawyers who submitted applications. Lawyers must have a final evaluation score of 50 points or higher and be selected in descending order until the planned number is reached. Within ten days from the date of receiving the notification, the selected lawyers are responsible for signing a contract with the Center, except in cases of valid reasons, which can be extended but not exceeding fifteen days from the date of receiving the notification. Beyond this period, if the selected lawyer does not sign the contract, the Center will notify to sign a contract with the next highest scoring lawyer (if available). In case the lawyer submits the application via email, when signing the contract with the Center, the lawyer must submit the complete set of required documents as规定的。 Clause 1, Article 6 of this Circular.

Article 8. Signing Contracts with Legal Aid Collaborators[8]

Within thirty days from the date of issuance of the card, the legal aid collaborator shall be responsible for coming to the Center to sign a contract to implement legal aid, except in cases where there are valid reasons, which may extend the period but not exceeding thirty-five days from the date of issuance of the card.

Section 2. SELECTION AND CONTRACTING WITH LEGAL PROFESSION ORGANIZATIONS AND LEGAL ADVICE ORGANIZATIONS

Article 9. Determination of the Number of Organizations Expected to Sign Contracts

Based on the actual situation at the local level, the Department of Justice evaluates the capacity of the Center to meet the demand for legal aid based on the results of legal aid cases handled in the previous year, the number of legal aid officers, the number of lawyers signing contracts, other resources of the Center, the results of legal aid implemented by participating organizations, the number of cases adjudicated in the previous year, the total number of people receiving legal aid, changes in the local population, and other contents affecting legal aid work at the local level to forecast the number of organizations signing contracts to implement legal aid (hereinafter referred to as the organization).

Article 10. Formation of the Application Evaluation Team for Selecting Organizations

1. The Director of the Department of Justice decides to establish an Organization Evaluation Team (hereinafter referred to as the Organization Evaluation Team) consisting of three to five members who have knowledge of the law and understand legal aid activities. Members of the Organization Evaluation Team include:

a) The leader of the Department of Justice serves as the Team Leader;

b) The leader of the Center and other members, including a representative of the local Bar Association appointed by the Director of the Department of Justice.

2. The Organization Evaluation Team and its members have responsibilities similar to those stipulated in Clause 2 and Clause 3, Article 4 of this Circularand are accountable to the Director of the Department of Justice for the evaluation.

Article 11. Notice of organization selection

1. The notice of organization selection shall include the following contents:

a) The number of law firms and legal advisory organizations planned to be selected;

b) Conditions for signing contracts to implement legal aid as stipulated in Clause 2 and Clause 5, Article 14 of the Legal Aid Law; methods, criteria, and scoring scales for evaluating applications;

c) Requirements for files as prescribed in Article 12. This Circular;

d) Contents prescribed in points d, đ, and e, Clause 1, Article 5 of this Circular point d, đ and e clause 1 Article 5 of this Circular.

2. The notice of organization selection must be published on the local Department of Justice's electronic information website for a minimum of five working days.

Article 12. Application dossier for organization selection

1.[9] The application dossier for organization selection includes:

a) A request to participate in the selection of contracts to implement legal aid, clearly stating the fulfillment of the conditions stipulated in Clause 2, Article 14 of the Legal Aid Law, and introducing the organization and its activities, including the number of lawyers, legal advisors working at the organization; litigation cases participated in; experience in providing legal aid (if any);

b) A copy of the registration certificate for operation;

c) Other documents as required by the notice of organization selection (if any).

2. Organizations are responsible for the accuracy of the provided information.

3.[10] The organization submits the file directly or sends it through postal services, email to the Department of Justice. In case the file is submitted directly, the submission date is recorded on the receipt. If the file is sent through postal services, the submission date is based on the arrival date stamped by the postal service. If the file is sent via email, the submission time is when the file has been sent to the email of the Department of Justice. If the email submission is outside regular working hours, the submission time is calculated from the start of the next working day and hour.

Article 13. Evaluation of application dossiers and signing contracts with organizations

1. The evaluation of application dossiers shall be conducted similarly as prescribed in Clause 1 and Clause 2, Article 7 of this Circular. Clause 1 and Clause 2 of Article 7 of this CircularThe head of the organization evaluation team is responsible for compiling the evaluation results as stipulated in Clause 3, Article 7 of this Circular. clause 3 Article 7 of this Circular.

2.[11] The Department of Justice is responsible for notifying the evaluation results to the organizations that have submitted files. Organizations must have a final score of 50 points or more and will be selected in descending order until the anticipated number is reached. Within ten days from the date of receiving the notification, the selected organization is responsible for signing a contract with the Department of Justice. In case of valid reasons, the deadline can be extended but not exceeding fifteen days from the date of receiving the notification. If the selected organization does not sign the contract beyond the deadline, the Department of Justice will notify to sign a contract with the next highest scoring organization (if available). In case the organization submits the file via email, when signing the contract with the Department of Justice, the organization must submit the complete file as prescribed in clause 1 Article 12 of this Circular.

Chapter 3. CONTRACT FOR IMPLEMENTING LEGAL AID

Article 14. Contents of the Contract

The contract shall include the following basic contents:

1. Object, scope, form, and field of legal aid.

2. Responsibilities of both parties in implementing the contract.

3. Duration of the contract.

4. Remuneration and costs for implementing legal aid cases.

5. Amendment, supplementation, termination of the contract.

6. Dispute resolution mechanism and liability for breach of contract.

7. Other agreements (if any).

Article 15. Duration of the Contract

1. The duration of the contract shall be agreed upon by the parties but shall not exceed three years from the date of signing the contract.

2. At the end of the contract implementation period, the Department of Justice and the Center, based on the local legal aid needs and the quality of legal aid implementation, may renew the contract without having to go through the selection procedures stipulated in this Circular. The contract may be renewed once, not exceeding three years. The renewal of the contract must be documented in writing.

Article 16. Implementation of the Contract

1. Organizations, lawyers, legal aid collaborators signing contracts to implement legal aid (hereinafter referred to as organizations, individuals) carry out cases assigned by the Department of Justice, the Center, or directly accept requests to implement legal aid cases.

2.[12] (repealed))

2.[13] Organizations and individuals implementing legal aid cases according to the legal regulations on legal aid, the content of the contract; they are responsible for ensuring the quality of legal aid cases in accordance with the law and the contract.

Article 17. Termination of the Contract

1. The legal aid implementation contract shall terminate in the following cases:

a) The parties agree to terminate before the expiration date;

b) Upon expiration of the contract implementation period;

c) Organizations falling under the circumstances terminating legal aid implementation as stipulated in Points a, c, and d of Clause 1, Article 16 of the Legal Aid Law; individuals signing contracts falling under the circumstances not being allowed to continue implementing legal aid as stipulated in Point b of Clause 1, Article 25 of the Legal Aid Law;

d) The organization or individual violates Clause 1, Article 6 of the Legal Aid Law;

e) Seriously violate rights and obligations stipulated in the contract causing damage to the person receiving legal aid;

f) Other cases as prescribed by law.

2.[14] When terminating the contract to implement legal aid as stipulated in Clause 1 of this Article, the organization transfers the files of ongoing cases to the organization implementing legal aid assigned by the Department of Justice to continue implementation in accordance with Clause 3, Article 16 of the Legal Aid Law.

3.[15] When terminating the contract to implement legal aid as stipulated in Clause 1 of this Article, the individual transfers the files of ongoing cases to the Center. The Center assigns a person to continue implementing the legal aid case.

4. After termination of the contract, the organization or individual still bears responsibility for the legal aid work already performed.

Article 18. Inspection and Supervision of Contract Implementation

1. The Department of Justice shall be responsible for:

a) Inspecting compliance with legal provisions on legal aid and the contract by organizations and individuals signing the contract;

b) Publishing a list of organizations and individuals signing the contract as prescribed in Clause 2, Article 10 and Clause 2, Article 17 of the Legal Aid Law;

c) Awarding commendations or recommending competent state agencies to award commendations when organizations and individuals signing the contract have outstanding achievements or positive contributions to legal aid work as prescribed by law;

d) Handling violations or recommending competent authorities to handle violations by organizations and individuals signing the contract as prescribed by law.

2. The Center shall be responsible for inspecting compliance with legal provisions on legal aid and the contract by individuals signing the contract.

Chapter III. REGISTRATION TO PARTICIPATE IN IMPLEMENTING LEGAL AID

Article 19. Procedures for Registering to Participate in Legal Aid

1. Organizations practicing as lawyers, legal advisory organizations meeting the conditions to register to participate in legal aid as stipulated in Clause 1, Article 15 of the Legal Aid Law submit directly or send through postal services, fax, electronic forms one set of files to the Department of Justice where the business operation certificate was issued.

The application documents for registering to participate in legal aid include:

a) A request to participate in legal aid according to the form issued together with this Circular (Form TP-TGPL-01);

b) List of lawyers, legal advisors meeting the conditions to implement legal aid (Form TP-TGPL-02);

c) Copies of lawyer cards and legal counselor cards.

2. Within seven days from the date of receiving a valid registration application, the Department of Justice checks the file, issues a Certificate of Participation in Legal Aid according to the form issued together with this Circular (Form TP-TGPL-03) to the registered organization meeting the conditions and notifies the Center for coordination in implementation. In case of rejection, the reason must be notified in writing. The provision of legal aid begins from the date of issuance of the Certificate of Participation in Legal Aid.

3. Within three working days from the date of issuance of the Certificate of Participation in Legal Aid, the Department of Justice publishes the list of registered organizations and persons implementing legal aid at the local level as stipulated in Clause 2, Article 10 and Clause 2, Article 17 of the Legal Aid Law.

In case of changing the person implementing legal aid, the organization registering to participate in legal aid must issue a written notice for the Department of Justice to review and update the list of persons implementing legal aid at the local level and notify the Ministry of Justice.

4. There is no fee required for registering to participate in legal aid.

Article 20. Changing the Content of the Participation Registration Certificate for Legal Aid

1.[16] When wishing to change the content of the Legal Aid Registration Certificate, the organization that has registered for legal aid shall submit directly, online, or through postal service one set of documents to the Department of Justice where it has registered for legal aid. The documents include: A request form to change the content of the Legal Aid Registration Certificate according to the model issued together with Circular No. 08/2017/TT-BTP (Model TP-TGPL-04); the original Legal Aid Registration Certificate already issued. In case of submission via online method, the organization must send the original Legal Aid Registration Certificate already issued through postal service.

2. Within five working days from the date of receiving valid documents, the Department of Justice shall update the changed content into the Legal Aid Registration Certificate already issued. In case of refusal, the reason must be clearly notified in writing. Changing the content of the Legal Aid Registration Certificate does not require payment of fees.

3. Within three working days from the date of updating the changed content into the Legal Aid Registration Certificate, the Department of Justice shall publish the changed contents on its official website and notify the Ministry of Justice.

Article 21. Reissuing the Participation Registration Certificate for Legal Aid

1. In case the Legal Aid Registration Certificate is lost or damaged and cannot be used, the organization that has registered for legal aid shall submit directly or through postal service, fax, or electronic form a request to reissue the Legal Aid Registration Certificate according to the model issued together with this Circular (Model TP-TGPL-05) to the Department of Justice for reissuance.

2. Within five working days from the date of receiving the request, the Department of Justice shall reissue the Legal Aid Registration Certificate for the organization that has registered for legal aid. The reissued Legal Aid Registration Certificate retains the original number but the issuance date noted on the certificate is the date of reissuance. Reissuing the Legal Aid Registration Certificate does not require payment of fees.

Article 22. Termination of Participation in Legal Aid

An organization that has registered for legal aid and ceases to provide legal aid as prescribed in Clause 2, Article 16 of the Legal Aid Law shall be responsible for transferring incomplete cases to the organization implementing legal aid designated by the Department of Justice to continue handling. The procedure for ceasing to provide legal aid shall be carried out as follows:

1.[17] In case of cessation as prescribed in points b and d Clause 2, Article

16 of the Legal Aid Law, the organization that has registered for legal aid shall submit directly, online, or through postal service one set of documents to the Department of Justice where it has registered for legal aid. The documents include: A notification letter about the cessation of providing legal aid; the original Legal Aid Registration Certificate already issued. In case of submission via online method, the organization must send the original Legal Aid Registration Certificate already issued through postal service.

2. In case of cessation as prescribed in points a, c, and d Clause 2, Article 16 of the Legal Aid Law, the organization that has registered for legal aid shall have its Legal Aid Registration Certificate revoked. The revocation process shall be carried out as follows:

a) Within seven days from the date of discovering that the organization that has registered for legal aid falls under one of the situations prescribed in points a, c, and d Clause 2, Article 16 of the Legal Aid Law, the unit assigned by the Department of Justice to manage state administration in legal aid shall prepare a dossier to report to the Director of the Department of Justice for a decision to revoke the Legal Aid Registration Certificate. The dossier includes: Draft decision on revocation by the Director of the Department of Justice; Minutes confirming or documents, evidence proving that the organization registered for legal aid falls under one of the situations prescribed in points a, c, and d Clause 2, Article 16 of the Legal Aid Law;

b) Within five working days from the date of receiving valid documents, the Director of the Department of Justice shall issue a decision to revoke the Legal Aid Registration Certificate according to the model issued together with this Circular (Model TP-TGPL-06).

3. Within three working days from the date of receiving valid documents as prescribed in Clause 1 of this Article or revoking the Legal Aid Registration Certificate as prescribed in Clause 2 of this Article, the Department of Justice shall announce the cessation of participation in legal aid, post it on its official website, and notify the Ministry of Justice.

Chapter IV. TRAINING AND INSPECTION OF TRAINING RESULTS IN LEGAL AID

Section 1. LEGAL AID TRAINING

Article 23. Trainees in Legal Aid

A staff member currently working at the Center who holds a graduation certificate in lawyer training or is exempted from lawyer training according to the laws on lawyers may apply for a legal aid internship at the Center.

Article 24. Responsibilities of the Center, Trainees, and Training Supervisors in Legal Aid

1. Within three working days from the date of receiving the application, the Center shall decide to assign a legal aid assistant who meets the conditions stipulated in Clause 1, Article 20 of the Legal Aid Law (hereinafter referred to as the mentor) to guide the legal aid intern (hereinafter referred to as the intern). In case of refusal, the Center must notify in writing and specify the reasons.

2. The intern shall be guided by the mentor in professional activities as prescribed in Clause 2, Article 20 of the Legal Aid Law; shall be responsible for complying with regulations and principles of legal aid operation, internal rules, and regulations of the place where legal aid is implemented; shall be accountable to the mentor and the Center for the results and progress of assigned tasks. At the end of the internship period, the intern must submit a report on the internship results.

3. The training supervisor shall be responsible for monitoring, inspecting, and being accountable for tasks assigned to the trainee; shall provide comments on the trainee's report on training results.

Article 25. Duration of Legal Aid Internship

1. The legal aid internship period (hereinafter referred to as the internship period) starts from the date of issuing the decision assigning the mentor. A person who meets the conditions to reduce two-thirds of the lawyer practice internship period according to the Lawyers Law shall have an internship period of four months; a person who meets the conditions to reduce half of the lawyer practice internship period according to the Lawyers Law shall have an internship period of six months.

In case there is a change in the internship location, the internship period shall continue to be counted from the date when the Center at the new location issues a decision assigning a supervisor for the internship. The internship period shall be calculated as the total time spent interning at various Centers where the person has worked.

2. Those exempted from lawyer practice internship according to the laws on lawyers shall also be exempted from legal aid internship.

Article 25a. Change of Internship Supervisor[18]

1. The intern has the right to submit a written request to the head of the Center to change the internship supervisor when the supervisor falls under any of the following circumstances:

a) The internship supervisor violates the provisions set forth in Clause 2 and Clause 3 of Article 7 of the Professional Code of Conduct for Legal Aid Practitioners issued together with Circular No. 03/2020/TT-BTP dated April 28, 2020 of the Minister of Justice;

b) The internship supervisor transfers work, retires, resigns, is dismissed, dies, or due to health reasons or other reasons cannot continue to supervise the legal aid internship.

2. Within seven working days from the date of receipt of the written request to change the internship supervisor, the head of the Center shall be responsible for reviewing and deciding.

Article 26. Change of Legal Aid Internship Location

1. When changing the workplace to another Center in a different locality, the intern must submit a written request accompanied by a report on the internship results with comments from the internship supervisor to the Center where they are currently interning.

2. Within three working days from the date of receiving the request as stipulated in Clause 1 of this Article, the Center where the intern is currently working shall send a letter to the Center where the intern will transfer to work, specifying the internship period and the number of times the internship was temporarily suspended (if any).

Article 27. Suspension of Legal Aid Internship

1. During the internship period, the intern may suspend the internship but must notify the Center in writing where they are currently interning.

2. Those with an internship period of twelve months may suspend the internship up to two times, each not exceeding six months; those with an internship period of six months may suspend the internship once, not exceeding six months.

3. The time of suspension of the internship shall not be counted towards the internship period. The time of internship before the suspension shall be included in the total internship period.

Section 2. INSPECTION OF INTERNSHIP RESULTS FOR LEGAL AID

Article 28. Organization of Inspection

1. When there is a need to examine the results of legal aid internships, the Department of Justice shall send a request letter to the Ministry of Justice along with a list and file of persons who meet the conditions to participate in the examination of the internship results.

2. The Ministry of Justice shall organize the examination of internship results not more than twice a year. The examination plan, list of eligible participants, time, and place of the examination shall be announced at least one month before the examination date and published on the Ministry of Justice's official website.

Article 29. Principles, Content, and Form of Examination

1. The examination of the results of the probationary period for legal aid assistance must be conducted seriously, openly, fairly, objectively, truthfully, and in accordance with the provisions of the law.

2. The content of the examination includes: knowledge of laws in the fields of criminal, civil, administrative, and legal aid; skills in handling legal aid cases.

3. The forms of examination include written examination and practical examination.

a)[19] Written examination: Examination of legal knowledge in criminal, civil, administrative, and legal aid fields; skills in participating in litigation, representing outside litigation, and providing legal advice. The duration of the written examination is 180 minutes;

b) Practical examination: Candidates prepare a solution for one litigation case and submit it to the Examination Board no later than ten days before the examination date. During the practical examination, candidates present their prepared solutions and answer questions posed by members of the Examination Board.

Article 30. Examination Board

1. The Examination Board for Legal Aid Internship Results (hereinafter referred to as the Examination Board) shall be established by the Minister of Justice based on the proposal of the Director of the Legal Aid Department. The Examination Board may use the seal of the Ministry of Justice to perform its tasks as prescribed.

2. The Examination Board shall consist of seven to nine members including: The Chairman of the Examination Board is the Leader of the Legal Aid Department; other members are representatives of some units under the Ministry of Justice, the Vietnam Bar Federation, some reputable lawyers, and legal aid practitioners.

3. The Secretariat, Question Setting Committee, Invigilation Committee, Sealing Committee, Written Exam Marking Committee, and Rechecking Committee shall assist the Examination Board, which shall be established by the Chairman of the Examination Board (hereinafter referred to as the Committees of the Examination Board).

Article 31. Grading of Examinations

1. Each written examination paper shall be marked independently by two members of the Written Exam Marking Committee according to a scale of 100 points. The score for the written examination paper is the average of the scores given by the two members. If the scores given by the two members differ by 20 points or more, the Head of the Written Exam Marking Committee shall organize a third marking session, and the score from this session shall be the official score for the examination paper.

2. The practical examination shall be marked independently by members of the Examination Board according to a scale of 100 points. The score for the practical examination is the average of the scores given by the members of the Examination Board. The Examination Board shall organize the marking of written examination papers and announce the scores to the candidates, and publish them on the Ministry of Justice's official website.

3. Within fifteen days from the date of announcing the scores, if a candidate disagrees with the marking result of the written examination paper, they have the right to submit a rechecking application to the Chairman of the Examination Board. There is no rechecking for the practical examination.

4. Within five working days from the end of the rechecking period, the Chairman of the Examination Board shall decide to establish the Rechecking Committee and organize the rechecking process. The Rechecking Committee shall consist of at least three people, including one Head. Members of the Rechecking Committee shall not be members of the Written Exam Marking Committee.

The method of conducting the rechecking is carried out in accordance with the provisions of Clause 1 of this Article. The result of the rechecking must be approved by the Chairman of the Examination Board and is the final result.

5. Within three working days from the completion of the rechecking process, the Examination Board shall be responsible for reporting to the Minister of Justice for approval of the examination results before announcing the results to the candidates and publishing them on the Ministry of Justice's official website.

Candidates must achieve a score of fifty points or higher in each examination paper to meet the requirements of the examination.

6. Within ten days from the date the examination results are published on the Ministry of Justice's official website, the Chairman of the Examination Board shall issue a Certificate of Examination Results for Legal Aid Internship to candidates who meet the requirements, according to the form issued together with this Circular (Form TP-TGPL-07).

Article 32. Funding for the examination of the results of legal aid probation

Participants in the examination of internship results are not required to pay fees but must cover costs related to their participation in the examination. The budget for organizing the examination of legal aid internship results shall be allocated to the Legal Aid Department in accordance with the State Budget Law.

Chapter V. DOCUMENTS IN LEGAL AID ACTIVITIES

Article 33. Documents Proving Eligibility for Legal Aid

1. Documents proving eligibility as a person who has rendered meritorious service to the revolution include one of the following:

a) Decision of the competent authority recognizing such person as having rendered meritorious service to the revolution pursuant to the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution;

b) Decision conferring the title of Heroic Mother Vietnam, Heroic People's Armed Forces, or Heroic Labor during the Resistance War;

c) Medal of Resistance, Resistance Badge, Certificate of Heroic Mother Vietnam, Certificate of Hero, Certificate of Meritorious Service to the Country;

d) Decision on allowances or subsidies issued by the competent authority determining such person as having rendered meritorious service to the revolution pursuant to the laws on preferential treatment for persons who have rendered meritorious service to the revolution;

e) Decision or certificate of war invalid, person receiving benefits equivalent to those of war invalids, person suffering from diseases caused by chemical toxins, person participating in resistance activities affected by chemical toxins;

e) [20] Medal of Merit for the Nation, Certificate of Revolutionary Activities Before January 1, 1945, Certificate of Revolutionary Activities From January 1, 1945 To August Revolution Day 1945, Order of Victory, Medal of Victory.

2. Document proving eligibility as a member of a poor household is the certificate of a poor household.

3. Documents proving eligibility as a child include one of the following:

a) Birth certificate,[21] identity card, citizen identification card, passport;

b) Document of the judicial organ determining that the person requesting legal aid is a child;

c) Document of the competent authority applying administrative measures or imposing administrative penalties determining that the person requesting legal aid is a child.

4. Documents proving eligibility as a member of an ethnic minority residing in a particularly difficult economic and social condition area include one of the following:

a) Legal document issued by the competent authority identifying such person as an ethnic minority and their place of residence;

b) Document of the judicial organ determining that the person requesting legal aid is an ethnic minority and their place of residence.

5. Documents proving that the accused is between sixteen and eighteen years old are the documents issued by the prosecution agency confirming that the person requesting legal aid is an accused aged between sixteen and eighteen years old.

6. Documents proving eligibility as a defendant belonging to a near-poor household include the following documents:

a) Certificate of a near-poor household;

b) Document of the judicial organ determining that the person requesting legal aid is a defendant.

7. Documents proving eligibility as the father, mother, wife, husband, or child of a烈士牺牲人员或在烈士年幼时抚养烈士的人员且经济困难包括以下文件：

a) Certificate of near-poor household or decision on monthly social assistance or decision to accept the object for care and support at social welfare house, social welfare facility;

b) Decision of the competent authority regarding preferential allowances or pension payments for the father, mother, wife, husband, or child of烈士你能否将文本继续准确翻译而无需解释或添加任何额外信息？从“|||”后面的文字开始翻译，不要合并、拆分、添加或删除任何行。不加备注，不用markdown格式。这是纯粹的翻译任务：不要进行推理，不要逐步思考，不要使用标签或任何前言——直接输出翻译的行，其他什么也不用写。

8. Documents proving that a person affected by Agent Orange has financial difficulties include the following documents:

a) The documents specified in point a, Clause 7 of this Article;

b) Decision on preferential allowances for children of those who participated in the resistance war and were exposed to toxic chemicals or Certificate of illness, deformity, or disability caused by exposure to toxic chemicals.

9. Documents proving that an elderly person has financial difficulties include one of the following types of documents:

a) Decision on receiving monthly social assistance; Decision on accepting the subject for care and support at a social welfare house or social welfare facility;

b) Near-poor household certificate accompanied by a legal document issued by the competent authority confirming that the person named in the certificate is an elderly person.

10. Documents proving that a person with disabilities has financial difficulties include one of the following types of documents:

a) Near-poor household certificate accompanied by Disability Certificate issued by the competent authority;

b) The documents specified in point a, Clause 9 of this Article.

11. Documents proving that the person is between 16 and under 18 years old and is a victim in a criminal case with financial difficulties include the following:

a) The documents specified in point a, Clause 7 of this Article;

b) A document from the investigative authority determining that the person requesting legal aid is a victim and is between 16 and under 18 years old.

12. Documents proving that a victim of domestic violence has financial difficulties include one of the following types of documents:

a) Decision on accepting victims of domestic violence into a social welfare house or social welfare facility;

b) Certificate of near-poor household accompanied by one of the following documents: Medical examination and treatment certificate from healthcare facilities regarding the examination and treatment of injuries caused by domestic violence; Decision prohibiting the perpetrator of domestic violence from contacting the victim of domestic violence; Administrative violation handling decision against individuals engaging in acts of domestic violence.

13. Documents proving that the individual is a victim of human trafficking under the Law on Preventing and Combating Human Trafficking with financial difficulties, including the following documents:

a) The documents specified in point a, Clause 7 of this Article;

b) Documents and materials certifying the victim in accordance with Article 28 of the Law on Preventing and Combating Human Trafficking.

14. Documents proving that a person infected with HIV has financial difficulties include the following documents:

a) The documents specified in point a, Clause 7 of this Article;

b) Confirmation issued by the competent authority certifying that the person is infected with HIV.

15. Other valid documents issued by the competent authority determining that a person falls within the category eligible for legal aid as prescribed by the legal aid law.

In cases where individuals eligible for legal aid lose the aforementioned documents, there must be confirmation from the authority that issued those documents.

Article 34. Forms of documents in legal aid activities

The following forms of documents are attached to this Circular:

1. Application for legal aid participation (Form TP-TGPL-01).

2. List of lawyers and legal advisors eligible to provide legal aid (Form TP-TGPL-02).

3. Registration for legal aid participation (Form TP-TGPL-03).

4. Application for amendment of the content of the Legal Aid Participation Registration (Form TP-TGPL-04).

(Form TP-TGPL-04).

5. Application for reissue of the Legal Aid Participation Registration (Form TP-TGPL-05).

6. Decision on revocation of the Legal Aid Participation Registration (Form TP-TGPL-06).

7. Certificate of results of the legal aid internship examination (Form TP-TGPL-07).

8. Legal aid assistant card (Form TP-TGPL-08).

9. Legal aid volunteer card (Form TP-TGPL-09).

10.[22] Application for legal aid volunteer position (Form TP-TGPL-10).

11.[23] Application for reissue of the legal aid volunteer card (Form TP-TGPL-11).

12. Decision on issuance/reissuance of the legal aid volunteer card (Form TP-TGPL-12).

13. Decision on revocation of the legal aid volunteer card (Form TP-TGPL-13).

14. Decision on assignment of legal aid assistants/lawyers to participate in litigation (Form TP-TGPL-14).

15. Decision on replacement of legal aid assistants/lawyers participating in litigation (Form TP-TGPL-15).

16.[24] (Repealed)

17.[25] (Repealed)

Chapter VI. IMPLEMENTING PROVISIONS[26]

Article 35. Effective Date

1. This Circular takes effect from January 1, 2018.

2. This Circular replaces Circular No. 07/2012/TT-BTP dated July 30, 2012, issued by the Minister of Justice guiding the activities of legal aid volunteers at the National Legal Aid Center and Decision No. 03/2007/QĐ-BTP dated June 1, 2007, issued by the Minister of Justice on the issuance of certain forms used in legal aid activities.

3. Abolish Point 4, Section I, Part A of Circular No. 05/2008/TT-BTP dated September 23, 2008, issued by the Ministry of Justice guiding business operations and state management of legal aid; abolish Form No. 01 and Form No. 02 attached to Circular No. 18/2013/TT-BTP dated November 20, 2013, issued by the Ministry of Justice guiding the calculation of time spent and procedures for payment of costs for legal aid cases.

Article 36. Responsibility for Implementation

1. The Director of the Legal Aid Administration, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of Centers, and related organizations and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are any difficulties, they should promptly report to the Ministry of Justice for study and resolution./.

             ^{___________________________________}

[1] Circular No. 03/2021/TT-BTP amending and supplementing some articles of Circular No. 08/2017/TT-BTP dated November 15, 2017, issued by the Minister of Justice detailing some provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018, issued by the Minister of Justice guiding some business activities of legal aid and quality management of legal aid cases, is promulgated based on the following:

“Pursuant to the Legal Aid Law dated June 20, 2017;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Justice;

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

The Minister of Justice issues this Circular amending and supplementing some articles of Circular No. 08/2017/TT-BTP dated November 15, 2017, issued by the Minister of Justice detailing some provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018, issued by the Minister of Justice guiding some business activities of legal aid and quality management of legal aid cases.

Circular No. 09/2022/TT-BTP abolishing certain contents in Circulars in the field of legal aid and household registration issued by the Minister of Justice is based on the following:

"Based on the Household Registration Law dated November 20, 2014;

Pursuant to the Legal Aid Law dated June 20, 2017;

Based on the Residence Law dated November 13, 2020;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

Pursuant to the Law Amending and Supplementing Some Provisions of the Law on Legislative Acts dated June 18, 2020;

Pursuant to Decree No. 98/2022/NĐ-CP dated November 29, 2022, issued by the Government, concerning the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 123/2015/NĐ-CP dated November 15, 2015, of the Government detailing some provisions and measures to implement the Law on Household Registration;

Pursuant to the proposal of the Director of the Legal Aid Department, the Director of the Household Registration, Nationality, and Notarization Department;

The Minister of Justice issues this Circular abolishing certain contents in Circulars in the field of legal aid and household registration issued by the Minister of Justice."

Circular No. 10/2023/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities and Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases is based on the following grounds:

"Pursuant to the Legal Aid Law dated June 20, 2017;

Pursuant to Decree No. 98/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Minister of Justice promulgates this Circular amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities and Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases. legal aid cases."

[2] This Clause is amended and supplemented pursuant to Clause 1, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases, which takes effect from July 15, 2021.

[3] This Point is amended and supplemented pursuant to Clause 2, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases, which takes effect from July 15, 2021.

[4] This Clause is amended and supplemented pursuant to Clause 3, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases, which takes effect from July 15, 2021.

[5] This Clause is amended and supplemented pursuant to Clause 3, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases, which takes effect from July 15, 2021.

[6] This Clause is amended and supplemented pursuant to Clause 4, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases, which takes effect from July 15, 2021.

[7] This Clause is amended and supplemented pursuant to Clause 4, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business activities of legal aid and quality management of legal aid cases, which takes effect from July 15, 2021.

[8] This provision has been amended and supplemented pursuant to Clause 5, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[9] This clause has been amended and supplemented pursuant to Clause 6, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[10] This clause has been amended and supplemented pursuant to Clause 6, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[11] This clause has been amended and supplemented pursuant to Clause 7, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[12] This clause has been repealed pursuant to Clause 8, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[13] This clause has been amended and supplemented pursuant to Clause 9, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[14] This clause has been amended and supplemented pursuant to Clause 10, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[15] This clause has been amended and supplemented pursuant to Clause 10, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[16] This clause has been amended pursuant to Clause 1, Article 1 of Circular No. 10/2023/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities and Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from February 15, 2024.

[17] This clause has been amended pursuant to Clause 2, Article 1 of Circular No. 10/2023/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 of the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities and Circular No. 12/2018/TT-BTP dated August 28, 2018 of the Minister of Justice guiding certain business operations of legal aid and managing the quality of legal aid cases, which took effect from February 15, 2024.

[18] This is added pursuant to Clause 11, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business operations in legal aid and quality management of legal aid cases, which took effect from July 15, 2021.

[19] This point is amended and supplemented pursuant to Clause 12, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business operations in legal aid and quality management of legal aid cases, which took effect from July 15, 2021.

[20] This point is added pursuant to Clause 13, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business operations in legal aid and quality management of legal aid cases, which took effect from July 15, 2021.

[21] The content "household registration book" is abolished pursuant to Clause 1, Article 1 of Circular No. 09/2022/TT-BTP abolishing certain contents in Circulars in the field of legal aid and civil status issued by the Minister of Justice, which took effect from January 1, 2023.

[22] This form is replaced by Form TP-TGPL-10 promulgated together with Circular No. 10/2023/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities and Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business operations in legal aid and quality management of legal aid cases pursuant to Point a, Clause 3, Article 1 of Circular No. 10/2023/TT-BTP, which took effect from February 15, 2024.

[23] This form is replaced by Form TP-TGPL-11 promulgated together with Circular No. 10/2023/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities and Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business operations in legal aid and quality management of legal aid cases pursuant to Point b, Clause 3, Article 1 of Circular No. 10/2023/TT-BTP, which took effect from February 15, 2024.

[24] This clause is abolished pursuant to Clause 14, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business operations in legal aid and quality management of legal aid cases, which took effect from July 15, 2021.

[25] This clause is abolished pursuant to Clause 14, Article 1 of Circular No. 03/2021/TT-BTP amending and supplementing certain articles of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business operations in legal aid and quality management of legal aid cases, which took effect from July 15, 2021.

[26] Article 3 and Article 4 of Circular No. 03/2021/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities; Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business activities in legal aid and managing the quality of legal aid cases, shall take effect from July 15, 2021, and are stipulated as follows:

“Article 3. Effective Date

This Circular takes effect from July 15, 2021.

Article 4. Responsibilities for Implementation

1. The Director of the Legal Aid Department, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of State Legal Aid Centers in provinces and centrally administered cities, and relevant organizations and individuals shall be responsible for implementing and organizing the implementation of this Circular.

2. In the course of implementation, if there are any difficulties, they are requested to promptly reflect them to the Ministry of Justice for study and resolution."

Article 4 of Circular No. 09/2022/TT-BTP abolishing certain contents in Circulars in the field of legal aid and household registration issued by the Minister of Justice, shall take effect from January 1, 2023, and is stipulated as follows:

"Article 4. Implementation Provisions

1. This Circular takes effect from January 1, 2023.

2. The Director of the Legal Aid Department, the Director of the Household Registration, Citizenship, and Notarization Department, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of State Legal Aid Centers in provinces and centrally administered cities, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are any difficulties, please promptly reflect them to the Ministry of Justice for research and resolution. "

Article 3 and Article 4 of Circular No. 10/2023/TT-BTP amending and supplementing certain provisions of Circular No. 08/2017/TT-BTP dated November 15, 2017 issued by the Minister of Justice detailing certain provisions of the Legal Aid Law and guiding documents in legal aid activities, and Circular No. 12/2018/TT-BTP dated August 28, 2018 issued by the Minister of Justice guiding certain business activities in legal aid and managing the quality of legal aid cases, shall take effect from February 15, 2024, and are stipulated as follows:

"Article 3. Responsibility for Organizing Implementation

The Director of the Legal Aid Department, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of State Legal Aid Centers in provinces and centrally administered cities, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular. The National Legal Aid Center in provinces and centrally governed cities and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

"Article 4. Implementation Provisions

1. This Circular takes effect from February 15, 2024.

2. Upon completion of the connection with the National Population Database, civil servants, officials, and individuals assigned the responsibility of receiving and processing administrative procedures in the field of legal aid shall access information on gender and permanent residence address of citizens in the National Population Database without requiring citizens to provide such information.

3. During implementation, if there are difficulties, they are requested to promptly report to the Ministry of Justice for study and resolution.”