Circular number 5796/VBHN-BTP of 2025 of the Ministry of Justice amends, supplements, and abolishes certain provisions in circulars under the jurisdiction of the Ministry of Justice. This circular stipulates code numbers and standards for the profession and career titles of legal aid assistants, including recruitment, utilization, and management of legal aid assistants. It also sets out specific requirements for each level of profession (Class II and Class III) related to work experience, educational qualifications, and professional skills.
Đối tượng áp dụng
This circular applies to the Legal Aid Agency, units under the Ministry of Justice, Departments of Justice and Civil Service of provinces and centrally governed cities, Directors of State Legal Aid Centers, and relevant individuals and organizations.
Các điểm cốt lõi
- Amending, supplementing, and abolishing certain provisions in current circulars
- Stipulating code numbers and standards for the profession and career titles of legal aid assistants
- Setting out specific requirements for each level of profession (Class II and Class III)
- Based on the Government Organization Law in 2025, the Local Administration Organization Law in 2025, and related decrees.
- Effective from October 20, 2022
🌐 Tác động xã hội từ văn bản này
- Enhancing efficiency in the recruitment, utilization, and management of legal aid assistants
- Ensuring transparency and fairness in the process of assessing the capabilities of legal aid assistants
- Improving the quality of legal aid services for citizens
❓ Câu hỏi thường gặp
When does this circular take effect?
Circular number 5796/VBHN-BTP of 2025 takes effect from October 20, 2022.
Who is responsible for implementing this circular?
The Director of the Legal Aid Agency, Heads of units under the Ministry of Justice, Directors of Departments of Justice and Civil Service of provinces and centrally governed cities, and Directors of State Legal Aid Centers are responsible for implementing this circular.
What does the circular stipulate regarding the recruitment of legal aid assistants?
The circular sets out specific requirements regarding educational qualifications, work experience, and professional skills for each level of profession (Class II and Class III) in the field of legal aid.
Toàn văn
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| SOCIALIST REPUBLIC OF VIET NAM
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CIRCULAR
Regulations on code number, standards, and salary grading for the position of legal aid assistant civil servant
Circular No. 05/2022/TT-BTP dated September 5, 2022, issued by the Minister of Justice, stipulates the code number, standards, and salary grading for the position of legal aid assistant civil servant, which took effect from October 20, 2022, and was amended and supplemented by:
Circular No. 11/2025/TT-BTP dated June 25, 2025, issued by the Minister of Justice, amending and supplementing certain articles of circulars under the Ministry of Justice's jurisdiction, which took effect from July 1, 2025.
Pursuant to the Legal Aid Law dated June 20, 2017;
Pursuant to the Civil Servant Law dated November 15, 2010; and the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Civil Servant Law dated November 25, 2019;
Based on the proposal of the Director of the Cadre and Civil Servant Department;
Pursuant to Government Decree No. 204/2004/NĐ-CP dated December 14, 2004, on salary system for civil servants, public officials, civil servants, and armed forces; and Government Decree No. 17/2013/NĐ-CP dated February 19, 2013, amending and supplementing certain provisions of Government Decree No. 204/2004/NĐ-CP dated December 14, 2004, on salary system for civil servants, public officials, civil servants, and armed forces;
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;
Based on the consensus opinion of the Ministry of Home Affairs;
At the proposal of the Director of the Legal Aid Agency;
The Minister of Justice issues this Circular stipulating the code number, standards, and salary grading for the position of legal aid assistant civil servant[1].
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Article 1. This Circular stipulates the code number, standards, and salary grading for the position of legal aid assistant civil servant.
Article 2. This Circular applies to legal aid assistant civil servants working at State Legal Aid Centers and related agencies, organizations, and individuals.
Chapter 2. Code Number and Classification of Positions for Legal Aid Assistant Civil Servants
Clause 1. Legal Aid Assistant Civil Servant Class I - Code Number: V02.01.00
Clause 2. Legal Aid Assistant Civil Servant Class II - Code Number: V02.01.01
Clause 3. Legal Aid Assistant Civil Servant Class III - Code Number: V02.01.02
Chapter II. OCCUPATIONAL STANDARDS
Chapter 3. Professional Ethics Standards for Legal Aid Assistant Civil Servants
Point 1. Adhere to the ethical standards of civil servants in the Justice Sector.
Point 2. Adhere to the regulations and professional rules of legal aid.
Chapter 4. Standards for Educational Qualifications and Training
Point 1. Hold a bachelor’s degree in law or higher.
Point 2. Possess a certificate of completion of lawyer training or be exempted from lawyer training according to the law.
Point 3. Possess a certificate of successful legal aid internship examination or a certificate of successful lawyer practice examination, except for legal aid assistants appointed under the Legal Aid Law of 2006 or those exempted from legal aid internships according to the law.
Chapter 5. Legal Aid Assistant Civil Servant Class I - Code Number: V02.01.00
1. Tasks
Subpoint a) Implement legal aid in accordance with laws on legal aid.
Subpoint b) Review the quality of legal aid cases handled by Legal Aid Assistant Civil Servants Class I, Class II, and Class III, and other legal aid providers as assigned by the Center Leadership.
Subpoint c) Evaluate the effectiveness of litigation legal aid cases participated in by Legal Aid Assistant Civil Servants Class I, Class II, and Class III, and other legal aid providers as assigned to determine successful litigation legal aid cases.
Subpoint d) Advise the State Legal Aid Center to make recommendations to competent state authorities regarding issues related to legal aid case resolution.
Subpoint đ) Lead research, drafting, or implementing legal aid documents, programs, and plans.
Subpoint e) Organize editing or compiling legal aid training programs and materials.
Subpoint g) Organize reviews, studies, proposals, and recommendations to improve relevant legal documents concerning legal aid activities.
Subpoint h) Conduct research to propose innovative ideas to enhance the effectiveness of legal aid work.
Subpoint i) Organize or participate in training and guiding legal aid skills for legal aid providers.
Subpoint k) Perform other tasks as assigned.
Clause 2. Professional Competence Standards
Subpoint a) Proficiently understand and apply Party policies, guidelines, and state laws in legal aid work.
Subpoint b) Have knowledge and understanding of the legal system and specialized knowledge in various legal fields assigned.
Subpoint c) Skillfully perform legal aid tasks; effectively lead legal aid activities.
d)[2] Confirmed by the Department of Justice that they have successfully participated in at least two litigation cases at provincial-level People's Courts or Central Military Courts.
Subpoint đ) Have the ability to guide professional and technical skills and legal aid techniques for Legal Aid Assistant Civil Servants Class II, Class III, and other legal aid providers; have led the review of the quality of at least 20 litigation cases handled by Legal Aid Assistant Civil Servants Class II or higher, or at least 20 litigation cases resolved by provincial-level or higher prosecution agencies.
Subpoint e) Possess basic information technology skills, foreign language proficiency, or ethnic minority language proficiency for civil servants working in ethnic minority regions as required by job positions.
Subpoint g) A civil servant who takes the promotion examination or is considered for promotion to the position of Legal Aid Assistant Civil Servant Class I must have held the position of Legal Aid Assistant Civil Servant Class II or equivalent for a cumulative period of six years (72 months) or more, including at least one year (12 months) in the position of Legal Aid Assistant Civil Servant Class II, calculated up to the deadline for submitting registration forms for the examination or promotion consideration.
Article 6. Legal aid assistant level II - Code: V02.01.01
1. Tasks
Subpoint a) Implement legal aid in accordance with laws on legal aid.
b) Review the quality of legal aid cases handled by legal aid assistants level II, level III, and other legal aid providers assigned by the Center for State Legal Aid leadership;
c) Evaluate the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation of legal aid assistants level II, level III, and other legal aid providers assigned;
d) Study, develop, or organize the implementation of legal aid documents, programs, and plans; participate in developing legal aid documents, programs, and plans assigned;
đ) Organize editing or participate in compiling training programs and materials on legal aid;
e) Organize or participate in training, guiding professional skills and legal aid techniques for legal aid assistants level III and other legal aid providers;
g) Perform other tasks assigned;
Clause 2. Professional Competence Standards
Subpoint a) Proficiently understand and apply Party policies, guidelines, and state laws in legal aid work.
b) Have knowledge and understanding of the legal system and expertise in the assigned field of law;
c) Proficiently perform legal aid services; effectively implement legal aid activities;
d)[3] Confirmed by the Department of Justice that at least one successful litigation participation case has been completed;
đ) Possess the ability to guide professional skills and legal aid techniques for legal aid assistants level III and other legal aid providers;
Subpoint e) Possess basic information technology skills, foreign language proficiency, or ethnic minority language proficiency for civil servants working in ethnic minority regions as required by job positions.
g) Candidates for promotion to the position of legal aid assistant level II must have held the position of legal aid assistant level III or equivalent for a cumulative period of nine years (108 months) or more, including at least one year (12 months) as a legal aid assistant level III, calculated up to the deadline for submitting registration applications for examination or promotion;
Article 7. Legal aid assistant level III - Code: V02.01.02
1. Tasks
Subpoint a) Implement legal aid in accordance with laws on legal aid.
b) Review the quality of legal aid cases handled by legal aid assistants level III and other legal aid providers assigned by the Center for State Legal Aid leadership;
c) Evaluate the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation of legal aid assistants level III and other legal aid providers assigned;
d) Participate in researching, developing legal aid documents, programs, and plans at the local level; participate in editing or compiling training programs and materials or participate in training and professional development of legal aid according to assignment;
đ) Perform other tasks assigned;
Clause 2. Professional Competence Standards
a) Possess the ability to apply Party policies, guidelines, and state laws in legal aid work;
b) Have knowledge and understanding of the assigned field of legal aid law;
c) Possess the ability to guide the application of legal aid laws for lawyers contracted to provide legal aid and legal aid volunteers;
d) Have basic information technology skills, be able to use foreign languages or ethnic minority languages for staff working in ethnic minority regions as required by job positions;
Chapter III. GUIDELINES FOR APPOINTMENT AND SALARY GRADING BY PROFESSIONAL TITLES
Article 8. Principles for appointment and salary grading by professional titles for legal aid staff
1. The appointment to professional titles for legal aid staff must ensure compliance with the standards for the appointed professional titles.
2. When appointing from the current civil servant rank to the professional title of legal aid staff, it is not allowed to combine salary grade advancement or promotion of the professional title of civil servant.
Article 9. Salary Grading Method
1. Professional titles of legal aid staff shall be applied to the Salary Scale for Professional and Technical Staff in State-Owned Public Institutions (Scale 3) issued together with Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces, and Decree No. 17/2013/ND-CP dated February 19, 2013 of the Government amending and supplementing certain articles of Decree No. 204/2004/ND-CP, specifically as follows:
a) The professional title of legal aid assistant level I shall be applied to the civil servant salary coefficient type A3, group A3.1 (salary coefficient from 6.20 to 8.00);
b) The professional title of legal aid assistant level II shall be applied to the civil servant salary coefficient type A2, group A2.1 (salary coefficient from 4.40 to 6.78);
c) The professional title of legal aid assistant level III shall be applied to the civil servant salary coefficient type A1 (salary coefficient from 2.34 to 4.98);
2. The salary grading into professional titles of civil servants as stipulated in Clause 1 of this Article for civil servants who have been graded into ranks as prescribed in Circular No. 06/2010/TT-BNV dated July 26, 2010 of the Minister of Home Affairs on the professional titles and codes of legal aid assistant ranks, Decree No. 204/2004/ND-CP, and Decree No. 17/2013/ND-CP shall be implemented as follows:
In cases where civil servants meet the conditions for appointment to professional titles and their salary grade coefficients are equal to those of the old ranks, they shall be placed at the same salary grade and percentage (percent) of additional seniority allowance above the ceiling (if any) currently enjoyed in the old rank (including the time for the next salary grade review or enjoyment of additional seniority allowance above the ceiling if any in the old rank) in the newly appointed professional title;
3. Civil servants after changing professional titles, who have been authorized to be appointed to professional titles as prescribed in this Circular, shall be graded according to the guidance in Clause 1 Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Minister of Home Affairs on grading when upgrading, transferring ranks, or types of civil servants and public officials.
Chapter IV. IMPLEMENTING PROVISIONS[4]
Article 10. Implementation Organization
This Circular serves as the basis for implementing the recruitment, utilization, and management of legal aid staff.
Article 11. Transitional Provisions
1. Cases that have been appointed to the professional titles of legal aid assistant level II and level III before this Circular takes effect shall continue to hold the professional titles already appointed.
2. In cases where the competent authority has approved the conditions for considering or conducting examinations for promotion before this Circular takes effect, the occupational title standards for legal aid assistants shall be applied as prescribed in Joint Circular No. 08/2016/TTLT-BTP-BNV dated June 23, 2016, issued by the Minister of Justice and the Minister of Home Affairs on the occupational title standards for legal aid assistants.
Article 12. Effectiveness and Responsibility for Implementation
1. This Circular takes effect from October 20, 2022, and replaces Joint Circular No. 08/2016/TTLT-BTP-BNV dated June 23, 2016, issued by the Minister of Justice and the Minister of Home Affairs on the occupational title standards for legal aid assistants.
2. The Director of the Legal Aid Agency, Heads of units under the Ministry, Directors of Provincial Departments of Justice, Directors of Provincial Departments of Home Affairs, Directors of State Legal Aid Centers, and individuals and organizations related to this matter are responsible for implementing and organizing the execution of this Circular.
3. In case the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.
During the implementation process, if there are any difficulties, please report them to the Ministry of Justice for consideration and resolution./.
| MINISTRY OF JUSTICE Number: 5796/VBHN-BTP
| CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, September 18, 2025
DEPUTY MINISTER |
[1] Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain provisions of circulars within the scope of management under the Ministry of Justice is based on the following grounds:
"Pursuant to the Law on the Organization of the Government 2025;
Pursuant to the Law on Local Government Organization 2025;
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;
Pursuant to Decree No. 112/2025/NĐ-CP dated May 29, 2025, of the Government amending and supplementing certain provisions of decrees within the scope of judicial support;
Pursuant to Decree No. 120/2025/NĐ-CP dated June 11, 2025 of the Government on the delineation of authority of two-level local governments in the field of state administration under the Ministry of Justice;
Pursuant to Decree No. 121/2025/NĐ-CP dated June 11, 2025 of the Government on decentralization and delegation in the field of state administration under the Ministry of Justice;
Pursuant to Decree No. 39/2025/NĐ-CP dated February 26, 2025 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;
At the proposal of the Director of the Department of Legislative Drafting;
The Minister of Justice issues this Circular amending, supplementing, and abolishing certain provisions of circulars within the scope of management under the Ministry of Justice."
[2] This point is amended according to Clause 1, Article 1 of Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain provisions of circulars within the scope of management under the Ministry of Justice, which takes effect from July 1, 2025.
[3] This point is amended according to Clause 2, Article 1 of Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain provisions of circulars within the scope of management under the Ministry of Justice, which takes effect from July 1, 2025.
[4] Article 11 of Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain provisions of circulars within the scope of management under the Ministry of Justice, which takes effect from July 1, 2025, is stipulated as follows:
"Article 11. Effectiveness of Implementation
1. This Circular takes effect from July 1, 2025.
2. This Circular ceases to be effective from March 1, 2027 except for the following cases:
a) Government Decree No. 120/2025/NĐ-CP dated June 11, 2025, on the division of authority of local governments at two levels in the field of management under the Ministry of Justice, and Government Decree No. 121/2025/NĐ-CP dated June 11, 2025, on the delegation and decentralization of authority in the field of management under the Ministry of Justice, if extended in whole or in part, then the relevant provisions in this Circular may also be extended.
b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister, and other circulars of the Minister of Justice that provide for authority, responsibility for state management, procedures, and formalities stipulated in this Circular, if adopted or issued from July 1, 2025, and take effect before March 1, 2027, then the corresponding provisions in this Circular will become invalid upon the effectiveness of those legal documents.
3. During the period when the provisions of this Circular are effective, if the provisions regarding authority, responsibility for state management, procedures, and formalities in this Circular differ from those in related legal documents, they shall be implemented according to the provisions in this Circular."
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