Consolidated Document number 571/VBHN-BTP guiding certain operational activities of legal aid services and quality management of legal aid cases.

CIRCULAR

Guidelines for certain legal aid business activities and quality management of legal aid cases

Circular No. 12/2018/TT-BTP dated August 28, 2018, issued by the Minister of Justice guiding certain operational activities and quality management of legal aid cases, effective from October 12, 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 some 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 operational activities and quality management 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 certain contents in circulars on 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 some 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 operational activities and quality management 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 the Circular guiding certain operational activities of legal aid and quality management of legal aid cases^[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain legal aid business activities and quality management of legal aid cases.

Article 2. Location for Receiving Individuals Requesting Legal Aid

1. Organizations implementing legal aid shall be responsible for arranging convenient locations for beneficiaries to access and present their requests for legal aid. In cases where the content of legal aid cases needs to be kept confidential, organizations implementing legal aid shall arrange appropriate locations.

2. Organizations implementing legal aid shall be responsible for assigning staff to receive individuals receiving legal aid during working hours.

Article 3. Contents Required to Be Publicly Displayed at the Office of the Organization Implementing Legal Aid

1. The State Legal Aid Center (hereinafter referred to as the Center) shall

be responsible for publicly posting at its office the following contents:

a) Schedule for receiving individuals requesting legal aid;

b) Regulations for receiving individuals requesting legal aid;

c) Individuals eligible for legal aid;

d) List of persons providing legal aid from the Center;

e) Other contents (if necessary);

2. Organizations contracting to provide legal aid shall be responsible for publicly displaying the contents specified in Clause 1 of this Article at their workplace in accordance with the legal aid implementation contract.

3. Organizations registering to participate in legal aid shall be responsible for publicly displaying the contents specified in Clause 1 of this Article at their workplace within the scope of their participation in legal aid.

Article 4. Obligation to participate in training to enhance knowledge and skills compulsorily for legal aid officers

1. The minimum time for participating in compulsory training to enhance knowledge and skills for legal aid officers is 08 hours/year.

2. The contents of compulsory training to enhance knowledge and skills for legal aid officers include:

a) Necessary legal knowledge for performing legal aid;

b) Skills for performing legal aid;

c) Professional rules of conduct for legal aid.

3. Forms of mandatory training to enhance knowledge and skills shall be organized in accordance with the contents prescribed in Clause 2 of this Article.

4. Legal Aid Assistants falling under any of the following cases shall not have to participate in mandatory training to enhance knowledge and skills in that year:

a) Being sent to study or being on sick leave for six months or more;

b) Being dispatched to work at other agencies, organizations, units without the responsibility of implementing legal aid;

Maternity leave; legal aid officers who are female and are nursing children under 12 months old, cases stipulated in Clause 4, Clause 6 Article 34 of the Social Insurance Law.

c)^[2] 5. Each year, the Department of Justice shall be responsible for reporting to the Ministry of Justice on the implementation of the obligation to participate in compulsory training to enhance knowledge and skills for each legal aid officer in the locality, specifying the name, form, content, time, and organizing unit of the training. In case of non-participation, the reason shall be clearly stated.

1. When requesting legal aid that meets the conditions for acceptance (including immediate acceptance cases as prescribed in this Circular), the organization implementing legal aid, Branch of the Center (hereinafter referred to as Branch) shall record in the Register of Acceptance and Monitoring of Legal Aid Cases according to Model No. 01 issued together with this Circular.

Chapter II. SOME OPERATIONAL ACTIVITIES OF LEGAL AID

Article 5. Acceptance of Legal Aid Cases

c) Cases where defense counsel is appointed according to the Criminal Procedure Code and cases as prescribed in Clause 3, Article 31 of the Legal Aid Law, which the investigative agency notifies the Center;

2. The time of acceptance shall be calculated from the date when the legal aid case is recorded in the Case Register and monitored.

Article 6. Immediate Acceptance of Legal Aid Cases

1. The cases of immediate acceptance as prescribed in Clause 4 of Article 30 of the Legal Aid Law include:

a) The statute of limitations for initiating a lawsuit of the case is less than five working days;

b) The date of trial set by the decision to bring the case to trial is less than five working days;

a) Within 05 working days from the date the legal aid case is accepted, the person requesting legal aid shall be responsible for providing and supplementing documents proving they are eligible for legal aid. In cases where the beneficiary resides in areas with extremely difficult economic and social conditions or in cases of force majeure, the deadline for supplementing documents and materials is 10 working days from the date the legal aid case is accepted;

d) Cases where the head of the organization implementing legal aid decides to avoid causing damage to the rights and legitimate interests of the person receiving legal aid.

2. Time limit for supplementing documents proving eligibility as a beneficiary of legal aid:

b) If the person requesting legal aid does not provide documents proving they are eligible for legal aid within the time limit specified in point a of this clause, the legal aid case will not continue to be implemented. The discontinuation of the legal aid case shall be notified in writing by the organization implementing legal aid or the legal aid officer to the beneficiary, stating the reasons.

1. Organizations implementing legal aid shall monitor and compile data on legal aid cases in the Register of Monitoring and Acceptance of Legal Aid Cases. Each Branch shall have a Register of Monitoring and Acceptance of Legal Aid Cases to monitor and compile data on legal aid cases implemented by the Branch and report to the Center. The closing of the register shall be carried out periodically monthly, every six months, and annually.

Article 7. Monitoring Legal Aid Cases and Reporting Work

2. The Center shall implement regular reporting systems every six months and annually on the organization and operation of legal aid; ad hoc and thematic reports as required by the Legal Aid Administration, the Ministry of Justice. Reports every six months and annually shall be conducted according to Model No. 12 issued together with this Circular, signed and stamped by the unit and sent to the Legal Aid Administration in accordance with the deadlines stipulated in the Circular of the Minister of Justice on statistical operations of the Justice sector.

1. When implementing legal aid, the legal aid officer must closely adhere to the request for legal aid, comply with the principles of legal aid operations, and use lawful measures to best protect the rights and interests of the beneficiary.

Article 8. Implementation of Legal Aid

2. Guidance, answers, and provision of legal information in cases of simple legal aid requests as prescribed in Clause 2, Article 32 of the Legal Aid Law shall be immediately provided by the person receiving the request for legal aid to the beneficiary, without creating a file, and shall be recorded as a legal aid activity in the Register of Legal Aid Activities.

2. The guidance, clarification, and provision of legal information in cases of simple legal issues as stipulated in Clause 2 of Article 32 of the Legal Aid Law shall be immediately carried out by the person receiving the legal aid request for the beneficiary, without creating a file, and shall be recorded as a legal aid service in the Legal Aid Service Implementation Register.

3. The organization implementing legal aid shall seek opinions from the person receiving legal aid or their close relatives regarding the attitude, responsibility, expertise of the legal aid provider, and satisfaction with the litigation cases and non-litigation representation cases according to Model No. 11 issued together with this Circular.

Article 8a. Implementation of Legal Aid Cases at the Central Level upon Request of Competent Authorities^[3]

The Center shall implement legal aid cases upon request of the Legal Aid Department for cases that are not dependent on the place of residence of the person receiving legal aid or the location where the legal aid case occurs.

The handling of legal aid cases in this situation shall be carried out in accordance with Article 30 of the Legal Aid Law.

Article 9. Requests for Change of Legal Aid Provider and Withdrawal of Legal Aid Requests by the Person Receiving Legal Aid

1. If the person receiving legal aid has grounds to believe that the legal aid provider falls under one of the circumstances specified in Clause 1 and Clause 2 of Article 25 of the Legal Aid Law which disqualifies them from continuing to provide legal aid, they shall submit a request for replacement of the legal aid provider according to Model No. 04 issued together with this Circular to the organization implementing legal aid or Branch. Within three working days from the date of receipt of the request for replacement of the legal aid provider, the organization implementing legal aid or Branch shall be responsible for responding to the person receiving legal aid in accordance with Clause 3 of Article 25 of the Legal Aid Law.

2. If the person receiving legal aid wishes to withdraw the legal aid request as stipulated in Point c, Clause 1 of Article 37 of the Legal Aid Law, they shall submit a withdrawal request for legal aid according to Model No. 05 issued together with this Circular to the organization implementing legal aid or Branch or the legal aid provider. Upon receipt of the withdrawal request for legal aid, the organization implementing legal aid or Branch or the legal aid provider shall immediately respond in writing about ceasing to continue the legal aid case.

Article 10. Determination of the termination of legal aid case

A legal aid case terminates when it falls under one of the following circumstances:

1. The lawful request of the person receiving legal aid has been fully executed according to the form of legal aid stated in the legal aid request application.

2. It falls under one of the circumstances for not continuing the execution of the legal aid case as stipulated in Clause 1, Article 37 of the Legal Aid Law.

3. It is suspended according to the provisions of the law.

Article 11. Case file of legal aid

1. Each case file has its own unique code, established and classified according to each form of legal aid. The case file code consists of a set of alphanumeric symbols corresponding to the name of the legal aid implementation organization, the form of legal aid provision, the case number in the tracking and acceptance book of legal aid cases, and the year of receipt (Example: TT.TV.01.2018). In cases handled by Branches, the name of the legal aid implementation organization is the abbreviated name of the Branch (e.g., CN1.TGTT.01.2018). The organization implementing legal aid or Branch is responsible for creating the case file and the legal aid provider updates it onto the management software for the organization and legal aid activities.

2. The case file for participation in litigation includes:

a) Documents and materials as prescribed in Clause 1, Article 29 of the Legal Aid Law;

b) Decision appointing the person to provide legal aid; decision changing the person providing legal aid (if applicable);

c) Defense statement or statement protecting the rights of the person receiving legal aid signed with full name of the person providing legal aid;

d) Original or copy of the investigation conclusion, indictment, judgment, decision; other procedural documents related to the legal aid case issued by the prosecution agency;

đ) Notification document of discontinuing the implementation of the legal aid case (if applicable);

e) Other documents and materials reflecting the process of implementing the legal aid case;

g) Form seeking opinions from the person receiving legal aid or their relatives.

3. The case file for legal advice includes:

a) Documents as prescribed at points a, đ, and e of Clause 2 of this Article;

b) Legal advice document signed with full name of the person providing legal aid.

4. The case file for representation outside litigation includes:

a) Documents as prescribed at points a, b, đ, e, and g of Clause 2 of this Article;

b) Document resolving the case by the competent authority or document reflecting the result of representation outside litigation;

c) Report on the work performed and results achieved within the scope of representation outside litigation signed with full name of the person providing legal aid.

Article 11a. Management, Updating, and Exploitation of Electronic Case Files on Legal Aid Cases and Data on Organizations and Personnel Providing Legal Aid within the Legal Aid Organization and Activity Management System^[4]

1. The Legal Aid Agency is responsible for:

a) Managing, guiding, exploiting, and inspecting electronic case files on legal aid cases and data on organizations and personnel providing legal aid nationwide;

b) Managing, issuing, and revoking accounts on the Legal Aid Organization and Activity Management System within its jurisdiction;

c) Implement periodic statistics and reports according to the deadlines specified in the Circular of the Minister of Justice on the statistical activities of the Judiciary and this Circular through the Legal Aid Organization and Activity Management System.

2. The Department of Justice is responsible for timely, accurate, and complete updating of data on organizations and personnel participating in legal aid; managing, exploiting, and securing data within the scope of authority on the Legal Aid Organization and Activity Management System; implementing provisions at Point b, c, Clause 1 of this Article.

3. The Center is responsible for timely, accurate, and complete updating of electronic case files on legal aid cases and data on organizations and personnel of the Center within the Legal Aid Organization and Activity Management System; managing, exploiting, and securing data within the scope of authority on the Legal Aid Organization and Activity Management System; implementing provisions at Point b, c, Clause 1 of this Article.

4. Organizations participating in the implementation of legal aid are responsible for managing, updating, exploiting, and securing electronic case files on legal aid cases and bear responsibility for the accuracy and completeness of the data they update.

5. The person providing legal aid is responsible for:

a) Managing, updating, exploiting, and securing electronic case files on legal aid cases and bearing responsibility for the accuracy and completeness of the data they update;

b) Hand over the account back to the organization implementing legal aid in the event of termination of rights and responsibilities for updating, managing, and exploiting data on the Legal Aid Organization and Activity Management System.

Article 12. Review of the time to implement legal aid cases^[5]

Clause 1. The leaders of the Department of Justice, the Center Director, or the Branch Head (if assigned) shall assign personnel to review the reasonableness of the time and the tasks already performed for payment of remuneration and allowances for implementing legal aid cases as prescribed.

2. The person assigned to review shall conduct the review based on the case file.

Article 12a. Management, issuance, reissuance of legal aid assistant card blanks and legal aid collaborator card blanks^[6]

The Legal Aid Agency shall uniformly manage, issue, and reissue legal aid assistant card blanks and legal aid collaborator card blanks nationwide.

Within seven working days from the date of receiving valid documents from the Department of Justice or the Center requesting the issuance or reissuance of legal aid assistant card blanks and legal aid collaborator card blanks, the Legal Aid Agency shall carry out the issuance or reissuance of legal aid assistant card blanks and legal aid collaborator card blanks.

Article 13. Some forms in the operational activities of legal aid

The following forms are attached to this Circular:

Item 1. Case registration and monitoring book for legal aid cases (Form No. 01-TP-TGPL).

2.^[7] Legal aid request form (Form No. 02-TP-TGPL).

3.^[8] Complaint form (Form No. 03-TP-TGPL).

4.^[9] Request for change of legal aid provider (Form No. 04-TP-TGPL).

5.^[10] Withdrawal of legal aid request form (Form No. 05-TP-TGPL).

Item 6. Decision on assignment of person to represent outside litigation (Form No. 06-TP-TGPL).

Item 7. Decision on replacement of person representing outside litigation (Form No. 07-TP-TGPL).

Item 8. Notice of refusal to accept legal aid request (Form No. 08-TP-TGPL).

Item 9. Notice of transfer of legal aid request (Form No. 09-TP-TGPL).

Item 10. Illustration of legal aid emblem (Form No. 10-TP-TGPL).

Item 11. Opinion solicitation form from the beneficiary of legal aid or their relatives (Form No. 11-TP-TGPL).

12.^[11] Legal aid work report every six months/year (Form No. 12-TP-TGPL).

13.^[12] Introduction letter for legal aid (Form No. 13-TP-TGPL).

Chapter III. QUALITY MANAGEMENT AND EFFECTIVENESS OF LEGAL AID CASES^[13]

Article 14. Responsibilities for reviewing, assessing quality and effectiveness of legal aid cases^[14]

Clause 1. Organizations providing legal aid shall be responsible for organizing reviews of the quality of legal aid cases; evaluating the effectiveness of legal aid cases participating in litigation to determine successful participation in legal aid cases. The review of the quality of legal aid cases and evaluation of their effectiveness shall be carried out by the legal aid providers within their organizations with the aim of ensuring and improving the quality and effectiveness of legal aid cases. The review of the quality of legal aid cases shall be based on practical requirements and criteria stipulated in Article 16 of this Circular. The determination of successful participation in legal aid cases shall be based on the criteria set forth by the Ministry of Justice. The results of the quality review of legal aid cases and the determination of successful participation in legal aid cases shall be documented and filed in the legal aid case records.

Clause 2. The Department of Justice shall be responsible for managing and organizing the assessment of the quality of litigation cases, the quality of representation outside litigation, and the effectiveness of legal aid cases participating in litigation to determine successful participation in legal aid cases by organizations providing legal aid within their jurisdiction. The assessment of quality and effectiveness of cases shall be based on one of the following grounds:

a) According to the program and plan for evaluating the quality and effectiveness of legal aid cases;

Sub-clause b) Cases that have been reviewed for quality and evaluated for effectiveness by the organization providing legal aid and reported or recommended to the Department of Justice because they are considered to not meet quality and effectiveness standards;

c) Other cases to serve state management of legal aid at the local level.

Clause 3. The Legal Aid Agency under the Ministry of Justice shall be responsible for assisting the Minister of Justice in managing and organizing the assessment of the quality of litigation cases, representation outside litigation, and the effectiveness of legal aid cases participating in litigation to determine successful participation in legal aid cases by organizations providing legal aid nationwide. The assessment of quality and effectiveness of cases shall be based on one of the following grounds:

a) According to the program and plan for evaluating the quality and effectiveness of legal aid cases;

b) Through the monitoring and inspection of the activities of local legal aid quality review and effectiveness evaluation;

c) Other cases to serve state management and specialized management of legal aid.

Article 15. Evaluation of Quality and Effectiveness of Legal Aid Cases

Clause 1. Based on the criteria for assessing the quality of legal aid cases stipulated in Article 16 of this Circular, the Legal Aid Agency under the Ministry of Justice and the Department of Justice under the People's Committee of provinces and centrally-administered cities shall develop plans to assess the quality, clearly defining the scope; proportion of cases, ensuring that legal aid providers have cases to be assessed; methods of conducting assessments and other necessary conditions (if any) to implement the quality assessment of legal aid cases. The results of the quality assessment of legal aid cases shall be documented in writing.

Clause 2. When conducting quality assessments of cases, the competent authority specified in Clause 1 of this Article may invite legal aid assistants, experienced lawyers, and legal experts to participate in or advise on the quality assessment of complex legal aid cases. Those invited to participate must provide written opinions on the cases requested to be assessed.

3.^[15] Based on the practical requirements of state management of legal aid, the Legal Aid Agency and the Department of Justice shall develop plans to assess the effectiveness of legal aid cases participating in litigation to determine successful participation in legal aid cases, clearly defining the scope; proportion of cases; methods of conducting assessments, determining success, and other necessary conditions (if any). The results of the determination of successful participation in litigation shall be documented in writing.

Article 16. Criteria for assessing and evaluating the quality of legal aid cases reason^[16]

The review and evaluation of the quality of legal aid cases shall be based on the following criteria and point structure:

1. Criteria related to the professional responsibility of the legal aid provider (30 points)

a) Compliance with laws, honesty, respect for objective truth (10 points);

b) Timely explanation, guidance, and provision of information about the case to the beneficiary of legal aid (10 points);

c) Ensuring the time and progress of the case (10 points).

2. Criteria related to the implementation of legal aid (60 points)

a) Implementation of legal aid consistent with the requirements and scope assigned (05 points);

b) Collection of relevant information, documents, and evidence related to the case (10 points);

c) Research and full application of relevant legal provisions to ensure the content of legal aid is correct and consistent with the law (20 points);

d) Participation in litigation activities or non-litigation representative activities to promptly take measures to protect the legitimate rights and interests of the beneficiary of legal aid (20 points);

đ) The process of providing legal aid is fully reflected in the legal aid case file (05 points).

3. Criteria related to the satisfaction of the beneficiary of legal aid based on feedback from the beneficiary or their relatives (10 points).

Article 17. Classification of the Quality of Legal Aid Cases

1. High-quality case: A case with a total score of 90 points or higher.

2. Good-quality case: A case with a total score of 70 to less than 90 points.

3. Satisfactory-quality case: A case with a total score of 50 to less than 70 points.

4. Cases that do not meet quality standards: Cases with a total score below 50 points or cases where the person providing legal aid or the organization providing legal aid violates prohibitions stipulated in Clause 1, Article 6 of the Legal Aid Law.

Article 17a. Responsibility to provide information and introduce legal aid of Notary Offices and People's Committees at Commune Level^[17]

During the course of performing tasks related to citizens, Notary Offices and People's Committees at commune level shall be responsible for explaining the right to legal aid and introducing individuals to the Center. In cases where the person eligible for legal aid is a defendant, victim, or party involved in litigation proceedings residing within their jurisdiction, the People's Committee at commune level shall introduce them according to Model No. 13 issued together with this Circular.

Chapter IV. IMPLEMENTING PROVISIONS^[18]

Article 18. Effective Date

1. This Circular takes effect from October 12, 2018.

2. This Circular replaces Circular No. 05/2008/TT-BTP dated September 23, 2008, issued by the Ministry of Justice guiding on legal aid business operations and state management of legal aid; Circular No. 02/2013/TT-BTP dated January 5, 2013, issued by the Minister of Justice promulgating the Quality Assessment Standards for Legal Aid Cases; and abolishes Article 1 of Circular No. 19/2011/TT-BTP dated October 31, 2011, issued by the Minister of Justice amending and supplementing certain provisions on administrative procedures of Circular No. 05/2008/TT-BTP dated September 23, 2008, Circular No. 03/2008/TT-BTP dated August 25, 2008, and Circular No. 01/2010/TT-BTP dated February 9, 2010, issued by the Ministry of Justice.

Article 19. Responsibility for Implementation

1. The Director of the Legal Aid Agency, 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.

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 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 legal aid business operations and case quality management have been issued based on the following grounds:

“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 amending and supplementing some 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 legal aid business operations and case quality management.

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;

Based on 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;

Based on the Law Amending and Supplementing Certain Provisions of the Law on Enactment of 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;

Based on Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures for the implementation of the Household Registration Law;

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 some 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 legal aid business operations and case quality management have been issued 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, issued by the Government, concerning 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 amending and supplementing some 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 legal aid business operations and case quality management.

[2] This point has been amended and supplemented pursuant to Clause 1, Article 2 of 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 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 legal aid business operations and case quality management, which took effect from July 15, 2021.

[3] This is added pursuant to Clause 2, Article 2 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 quality management of legal aid cases, which took effect from July 15, 2021.

[4] This is added pursuant to Clause 3, Article 2 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 quality management of legal aid cases, which took effect from July 15, 2021.

[5] This is amended and supplemented pursuant to Clause 4, Article 2 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 quality management of legal aid cases, which took effect from July 15, 2021.

[6] This is added pursuant to Clause 5, Article 2 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 quality management of legal aid cases, which took effect from July 15, 2021.

[7] The Legal Aid Request Form (Form No. 02-TP-TGPL) promulgated together with Circular No. 12/2018/TT-BTP has the contents "issued on... at..." and "ethnicity" abolished pursuant to Clause 2, Article 1 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, which took effect from January 1, 2023, and this form is replaced by Form No. 02-TP-TGPL promulgated together with 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 quality management of legal aid cases pursuant to Clause 1, Article 2 of Circular No. 10/2023/TT-BTP, which took effect from February 15, 2024.

[8] The Complaint Form (Form No. 03-TP-TGPL) promulgated together with Circular No. 12/2018/TT-BTP, which took effect from October 12, 2018, is replaced by Form No. 03-TP-TGPL promulgated together with 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 quality management of legal aid cases pursuant to Clause 2, Article 2 of Circular No. 10/2023/TT-BTP, which took effect from February 15, 2024.

[9] The Legal Aid Implementation Change Request Form (Form No. 04-TP-TGPL) promulgated together with Circular No. 12/2018/TT-BTP has the contents "issued on... issued at..." and "occupation" abolished pursuant to Clause 3, Article 1 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, which took effect from January 1, 2023, and this form is replaced by Form No. 04-TP-TGPL promulgated together with 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 quality management of legal aid cases pursuant to Clause 3, Article 2 of Circular No. 10/2023/TT-BTP, which took effect from February 15, 2024.

[10] The Legal Aid Request Withdrawal Form (Form No. 05-TP-TGPL) promulgated together with Circular No. 12/2018/TT-BTP has the contents "issued on... issued at...", "occupation", and "ethnicity" abolished pursuant to Clause 4, Article 1 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, which took effect from January 1, 2023, and this form is replaced by Form No. 05-TP-TGPL promulgated together with 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 quality management of legal aid cases pursuant to Clause 4, Article 2 of Circular No. 10/2023/TT-BTP, which took effect from February 15, 2024.

[11] This clause has been amended and supplemented pursuant to Clause 6, Article 2 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 activities of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[12] This clause has been supplemented pursuant to Clause 7, Article 2 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 activities of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[13] The name of this Chapter has been amended and supplemented pursuant to Clause 8, Article 2 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 activities of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[14] This Article has been amended and supplemented pursuant to Clause 9, Article 2 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 activities of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[15] This clause has been supplemented pursuant to Clause 10, Article 2 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 activities of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[16] This Article has been amended pursuant to Clause 11, Article 2 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 activities of legal aid and managing the quality of legal aid cases, which took effect from July 15, 2021.

[17] This provision is added pursuant to Clause 12, Article 2 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; 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 quality management of legal aid cases, which shall take effect from July 15, 2021.

[18] Articles 3 and 4 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; 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 quality management of legal aid cases, which shall take effect from July 15, 2021, 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 Agency, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of State Legal Aid Centers in provinces and centrally-run 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."

Articles 3 and 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, which shall take effect from January 1, 2023, are stipulated as follows:

"Article 3. Transitional Provisions

1. Matters concerning the handling of requests for legal aid, applications for changing the person providing legal aid, and withdrawal of requests for legal aid received by the organization providing legal aid before the date this Circular takes effect and not yet resolved shall continue to be handled according to the provisions of Circular No. 12/2018/TT-BTP. 2. Dossiers for registering births for persons who have personal files and documents, and dossiers for re-registering births received by the household registration authority before the date this Circular takes effect and not yet resolved shall continue to be handled according to the provisions of Circular No. 04/2020/TT-BTP.

2. The Director of the Legal Aid Agency, 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-run cities,

Article 4. Implementation provisions

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

and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular. Article 3 and Article 4 of 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 activities in legal aid and quality management of legal aid cases, which shall take effect from February 15, 2024, are stipulated as follows:

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

Article 3. Responsibility for Organizing Implementation

The Director of the Legal Aid Agency, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, Directors of

State Legal Aid Centers in provinces and centrally-run cities, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular. 2. Upon completion of the connection to the National Population Database, civil servants, officials, and individuals assigned the responsibility of receiving and processing administrative procedures in the field of legal aid may access information on gender and permanent residence address of citizens in the National Population Database without requiring citizens to provide such information. 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 to 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 the 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.”