Consolidated Document number 5797/VBHN-BTP stipulates standards and conditions for considering promotion to higher ranks in the career title of legal aid assistants.

CIRCULAR

Regulations on standards and conditions for considering promotion to the occupational title of legal aid assistant staff

Circular No. 09/2024/TT-BTP dated September 6, 2024, of the Minister of Justice stipulates the standards and conditions for considering promotion to the occupational title of legal aid assistant staff, which takes effect from November 1, 2024, amended and supplemented by:

Circular No. 11/2025/TT-BTP dated June 25, 2025, of the Minister of Justice amends, supplements, and abolishes certain articles of circulars under the management of the Ministry of Justice, taking effect from July 1, 2025.

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Based on the proposal of the Director of the Cadre and Civil Servant Department;

Pursuant to Decree No. 85/2023/NĐ-CP dated December 7, 2023, of the Government amending and supplementing certain provisions of Decree No. 115/2020/NĐ-CP dated September 25, 2020, on recruitment, utilization, and management of civil servants;

Pursuant to Decree No. 144/2017/NĐ-CP dated December 15, 2017, of the Government detailing certain provisions of the Legal Aid Law;

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 Department;

The Minister of Justice issues this Circular stipulating the standards and conditions for considering promotion to the occupational title of legal aid assistant staff[1].

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the standards and conditions for considering promotion to the occupational title of legal aid assistant staff from Level III to Level II and from Level II to Level I.

Other regulations concerning the consideration of promotion to the occupational title of legal aid assistant staff shall be implemented in accordance with the provisions of Decree No. 115/2020/NĐ-CP dated September 25, 2020, of the Government on recruitment, utilization, and management of civil servants (hereinafter referred to as Decree No. 115/2020/NĐ-CP), Decree No. 85/2023/NĐ-CP dated December 7, 2023, of the Government amending and supplementing certain provisions of Decree No. 115/2020/NĐ-CP dated September 25, 2020, on recruitment, utilization, and management of civil servants (hereinafter referred to as Decree No. 85/2023/NĐ-CP), and Circular No. 06/2020/TT-BNV dated December 2, 2020, of the Minister of Home Affairs promulgating the Regulation on organizing examinations and recruitment for civil servants and staff, upgrading civil servant ranks, and examinations or promotions to occupational titles of staff; Examination and recruitment rules for civil servants and staff, upgrading civil servant ranks, and examinations or promotions to occupational titles of staff.

Article 2. This Circular applies to legal aid assistant staff participating in the examination for promotion to the occupational title of legal aid assistant staff; relevant agencies, organizations, and individuals involved in the examination for promotion to the occupational title of legal aid assistant staff.

Article 2. Standards and Conditions for Registration to Participate in the Examination for Promotion to the Occupational Title of Legal Aid Assistant Staff at Level I

Legal aid assistant staff registering to participate in the examination for promotion from Level II to Level I must meet the following standards and conditions:

1. Currently holding the occupational title of legal aid assistant staff at Level II and meeting the training and professional development standards for the occupational title of legal aid assistant staff as prescribed in Article 4 of Circular No. 05/2022/TT-BTP dated September 5, 2022, of the Minister of Justice stipulating the code, standards, and salary grading for the occupational title of legal aid assistant staff (hereinafter referred to as Circular No. 05/2022/TT-BTP).

2. Professional capacity standards as prescribed in Clause 2, Article 5 of Circular No. 05/2022/TT-BTP.

3. Standards and conditions as prescribed in Point a, Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP (amended according to Clause 16, Article 1 of Decree No. 85/2023/NĐ-CP).

Article 3. Criteria and Conditions for Registering to be Considered for Promotion to the Rank of Legal Aid Assistant Level II

A legal aid assistant who registers to be considered for promotion from Level III to Level II must meet the following criteria and conditions:

1. Currently holding the rank of legal aid assistant at Level III and meeting the qualification standards for the position of legal aid assistant as prescribed in Article 4 of Circular No. 05/2022/TT-BTP.

2. Professional competence standards as prescribed in Clause 2, Article 6 of Circular No. 05/2022/TT-BTP.

3. Standards and conditions as prescribed in Point a, Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP (amended according to Clause 16, Article 1 of Decree No. 85/2023/NĐ-CP).

Article 4. Documents and Materials in the Application File for Promotion to the Rank of Legal Aid Assistant

1. The documents and materials in the application file for promotion to the rank of legal aid assistant include:

a) Curriculum vitae of the civil servant as prescribed in Clause 1, Article 36 of Decree No. 115/2020/NĐ-CP (amended according to point c, Clause 38, Article 1 of Decree No. 85/2023/NĐ-CP);

b) An evaluation and assessment report by the head of the public service unit employing the civil servant or by the head of the authority managing the public service unit as prescribed in Clause 2, Article 36 of Decree No. 115/2020/NĐ-CP (amended according to point c, Clause 38, Article 1 of Decree No. 85/2023/NĐ-CP) in accordance with Model No. 01-TP-TGPL issued together with this Circular;

c) A confirmation document of successful participation in litigation cases as prescribed in point d, Clause 2, Article 5 or point d, Clause 2, Article 6 of Circular No. 05/2022/TT-BTP;

d) A copy of the recruitment decision and the appointment decision to the position of legal aid assistant;

đ) Copies of certificates and diplomas as required:

In the case of considering promotion to the rank of legal aid assistant at Level I, it shall be carried out in accordance with the provisions of Article 4 and point e, Clause 2, Article 5 of Circular No. 05/2022/TT-BTP;

In the case of considering promotion to the rank of legal aid assistant at Level II, it shall be carried out in accordance with the provisions of Article 4 and point e, Clause 2, Article 6 of Circular No. 05/2022/TT-BTP;

e) Copies of commendation decisions by competent authorities (if any).

2. The agency or unit nominating a civil servant for consideration for promotion to the rank of legal aid assistant shall submit a list of civil servants meeting the criteria and conditions for registration to be considered for promotion along with the documents and materials as prescribed in Clause 1 of this Article to the competent authority organizing the promotion examination.

Article 5. Confirmation of Successful Participation in Litigation Cases

The State Legal Aid Center sends a letter requesting the Department of Justice to confirm successful participation in litigation cases and copies of the case files including the documents as prescribed in Clause 2, Article 11 of Circular No. 12/2018/TT-BTP dated August 28, 2018, guiding certain operational activities and quality management of legal aid cases issued by the Minister of Justice.

Within fifteen days from the date of receipt of the request for confirmation of successful participation in litigation cases from the State Legal Aid Center, the Department of Justice confirms successful participation in litigation cases in accordance with Model No. 02-TP-TGPL issued in the Appendix to this Circular.

If the requirements are not met, the Department of Justice will respond in writing and specify the reasons.

Article 6.[3]. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect from November 1, 2024.

2. In cases where the regulatory legal documents referred to in this Circular are amended, supplemented, or replaced, implementation shall be carried out according to the amended, supplemented, or replacing regulatory legal documents.

3. Heads of units under the Ministry, Chairpersons of People's Committees of provinces and centrally governed cities, Directors of Departments of Justice, Directors of State Legal Aid Centers of provinces and centrally governed cities, and relevant agencies, organizations, and individuals shall be responsible for implementing and organizing the implementation of this Circular.

[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 Government Organization Law 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 administration;

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 provision has been amended according to Article 2 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] 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, provides 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) In cases where Decree No. 120/2025/NĐ-CP dated June 11, 2025 of the Government on the division of authority of local governments at two levels in the field of state management under the Ministry of Justice, and Decree No. 121/2025/NĐ-CP dated June 11, 2025 of the Government on the delegation and decentralization of authority in the field of state management under the Ministry of Justice are extended in their application period either fully or partially, the relevant provisions in this Circular may also be extended in their application period.

b) Where 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 provide for administrative authority, responsibilities, procedures, and formalities stipulated in this Circular and are adopted or issued from July 1, 2025, and become effective before March 1, 2027, the corresponding provisions in this Circular shall cease to be effective upon the entry into force of such regulatory legal documents.

3. During the period when the provisions of this Circular are in effect, if the provisions regarding administrative authority, responsibilities, procedures, and formalities in this Circular differ from those in related regulatory legal documents, the provisions in this Circular shall be followed."