The Circulars mentioned in the question all stipulate their effectiveness and organizational implementation responsibilities. Each Circular has different start and end dates for its validity, and provide guidance on handling issues arising during implementation.
적용 범위
The Legal Aid Agency, units under the Ministry of Justice, Departments of Justice, State Legal Aid Centers of provinces/cities directly under the central government, and related agencies and organizations.
핵심 사항
- Circular number 09/2022/TT-BTP takes effect from January 1, 2023.
- Circular number 10/2023/TT-BTP begins to take effect from February 15, 2024.
- Circular number 08/2025/TT-BTP and Circular number 11/2025/TT-BTP both take effect from July 1, 2025, but cease to be effective from March 1, 2027.
- The Circulars provide for the continued resolution of pending legal aid requests and household registration files before the effective date according to the previous regulations.
- The responsibility for organizing implementation lies with the Director of the Legal Aid Agency, Heads of units under the Ministry of Justice, Directors of Departments of Justice, Directors of State Legal Aid Centers, and related agencies and organizations.
🌐 이 문서의 사회적 영향
- To ensure consistency in implementing legal aid and household registration regulations.
- To ensure citizens' rights when accessing legal aid services and registering household records.
- To facilitate conditions for related agencies and organizations in carrying out their tasks.
❓ 자주 묻는 질문
When does Circular number 09/2022/TT-BTP take effect?
This Circular takes effect from January 1, 2023.
What must relevant organizations and individuals do when encountering difficulties during the implementation of these Circulars?
Promptly report to the Ministry of Justice for guidance and resolution.
전문
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| SOCIALIST REPUBLIC OF VIET NAM
|
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 legal aid business 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 several 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 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 in the field of legal aid and civil status 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 several 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 activities and quality management of legal aid cases, effective from February 15, 2024;
4. Circular No. 08/2025/TT-BTP dated June 12, 2025, issued by the Minister of Justice, stipulating the division of authority of two levels of local administration and decentralization in the field of state management under the Ministry of Justice, effective from July 1, 2025;
5. Circular No. 11/2025/TT-BTP dated June 25, 2025, issued by the Minister of Justice, amending, supplementing, and abolishing certain articles of circulars within the scope of state management under the Ministry of Justice, effective from July 1, 2025;
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 guiding certain legal aid business activities 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 individuals receiving legal aid 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 Legal Aid Center (hereinafter referred to as the Center) shall be responsible for publicly displaying the following contents at its workplace:
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 mandatory training to enhance knowledge and skills of Legal Aid Assistants
1. The minimum time for Legal Aid Assistants to participate in mandatory training to enhance knowledge and skills shall be eight hours per year.
2. The contents of mandatory training to enhance knowledge and skills for Legal Aid Assistants 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 assigned to work at another agency, organization, or unit without the duty to perform legal aid;
c)[2] Maternity leave; Female Legal Aid Assistants who are nursing children under twelve months old, and the cases prescribed in Clause 4 and Clause 6 of Article 34 of the Social Insurance Law.
5. Annually, the Department of Justice shall report to the Ministry of Justice on the implementation of the obligation to participate in mandatory training to enhance knowledge and skills of each Legal Aid Assistant within its jurisdiction, specifying the name, form, content, time, and organizing unit of the training. In case of non-participation, the reason shall be clearly stated.
Chapter II. SOME OPERATIONAL ACTIVITIES OF LEGAL AID
Article 5. Acceptance of Legal Aid Cases
1. When a request for legal aid meets the conditions for acceptance (including the immediate acceptance cases as prescribed in Article 6 of this Circular), the organization implementing legal aid, Branch of the Center (hereinafter referred to as Branch), shall record the case in the Case Register and monitor the legal aid case according to Form No. 01 promulgated together with this Circular.
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;
c) Cases of appointing defense counsel as prescribed in the Code of Criminal Procedure and the cases prescribed in Clause 3 of Article 31 of the Legal Aid Law where the investigative authority notifies the Center;
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:
a) Within five working days from the date of acceptance of the legal aid case, the person requesting legal aid shall be responsible for providing and supplementing documents proving eligibility as a beneficiary of legal aid. In cases where the beneficiary resides in areas with special difficulties in socio-economic conditions or in cases of force majeure, the time limit for supplementing documents is ten working days from the date of acceptance of the legal aid case;
b) If the person requesting legal aid does not provide documents proving eligibility as a beneficiary of legal aid within the time limit prescribed in point a of this clause, the legal aid case will not be continued. The discontinuation of the legal aid case shall be notified in writing by the organization implementing legal aid or the legal aid provider, stating the reasons to the beneficiary of legal aid.
Article 7. Monitoring Legal Aid Cases and Reporting Work
1. Organizations implementing legal aid shall monitor and compile case data in the Monitoring and Handling Register for legal aid cases. Each Branch shall maintain a Monitoring and Handling Register for legal aid cases to monitor and compile case data handled by the Branch and report to the Center. The closing of the register shall be conducted periodically on a monthly, six-monthly, and annual basis.
2. The Center shall implement a regular reporting system every six months and annually regarding the organization and operation of legal aid work; ad hoc and specialized reports as required by the Legal Aid Department, Ministry of Justice. Six-monthly and annual reports shall be prepared according to Form No. 12 issued together with this Circular, signed and stamped by the unit and sent to the Legal Aid Department within the time limit stipulated in the Circular of the Minister of Justice on the statistical activities of the Justice Sector.
Article 8. Implementation of Legal Aid
1. When providing legal aid, the person providing legal aid must closely adhere to the legal aid request, comply with the principles of legal aid operations, and use lawful measures to best protect the rights and interests of the person receiving legal aid.
2. In cases where the legal aid request involves simple legal issues as stipulated in Clause 2, Article 32 of the Legal Aid Law, the person receiving the legal aid request shall immediately provide guidance, answers, and legal information to the person receiving legal aid without creating a file, and such assistance shall be recorded in the Legal Aid Implementation Register.
3. Organizations providing legal aid shall organize feedback from the person receiving legal aid or their close relatives regarding the attitude, responsibility, expertise of the person providing legal aid, and satisfaction level with litigation and non-litigation representation cases according to Form No. 11 promulgated together with this Circular.
Article 8a. Implementation of Legal Aid Cases at the Central Level upon Request of Competent Authorities
The Center shall handle legal aid cases upon request of the Legal Aid Department for cases not dependent on the place of residence of the person receiving legal aid or the location of the legal aid case.
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, Article 25 of the Legal Aid Law, they shall submit a request for change of legal aid provider according to Form number 04 issued together with this Circular and send it to the organization providing legal aid or Branch. Within three working days from the date of receipt of the request for change of legal aid provider, the organization providing legal aid or Branch shall respond to the person receiving legal aid according to Clause 3, Article 25 of the Legal Aid Law.
2. If the person receiving legal aid wishes to withdraw their legal aid request as stipulated in Point c, Clause 1, Article 37 of the Legal Aid Law, they shall submit a withdrawal request for legal aid according to Form number 05 issued together with this Circular and send it to the organization providing legal aid or Branch or the legal aid provider. Upon receipt of the withdrawal request for legal aid, the organization providing legal aid or Branch or the legal aid provider shall immediately respond in writing that they will cease further implementation of 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 includes a set of symbols in letters and numbers corresponding to the name of the organization providing legal aid, the form of legal aid provision, the serial number of the case in the case tracking book, the year of acceptance (Example: TT.TV.01.2018). In cases where the branch implements the case, the name of the organization providing legal aid is the abbreviated name of the branch (Example: CN1.TGTT.01.2018). The organization providing legal aid and the branch have the responsibility to create the case file and the person providing legal aid updates it on the management software of 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 on 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) Implementing statistics and regular reporting according to the deadlines specified in the Circular of the Minister of Justice on the statistical activities of the Judiciary and this Circular on 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 on the Legal Aid Organization and Activity Management System within its jurisdiction; implementing the provisions at point b, c of 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 the Center's organizations and personnel on the Legal Aid Organization and Activity Management System; managing, exploiting, and securing data on the Legal Aid Organization and Activity Management System within its jurisdiction; implementing the provisions at point b, c of 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) Returning the account to the organization providing legal aid in cases where the right and responsibility to update, manage, and exploit data on the Legal Aid Organization and Activity Management System are terminated.
Article 12. Review of the time to implement legal aid cases
1. The leaders of the Department of Justice, the Center Director, or the Branch Head (if assigned) shall assign someone to review the reasonableness of the time and the tasks already performed for payment of remuneration and allowance for implementing legal aid cases as prescribed.
2. The person assigned to review shall conduct the review based on the case file.
Article 12a. (Repealed)
Article 13. Some forms in the operational activities of legal aid
The following forms are attached to this Circular:
1.[7] Legal aid case registration and monitoring book (Form No. 01-TP-TGPL)Form No. 01-TP-TGPL).
2.[8] Legal aid request form (Form No. 02-TP-TGPL)Form No. 02-TP-TGPL).
3.[9] Complaint form (Form No. 03-TP-TGPL)Form No. 03-TP-TGPL).
4.[10] Request for change of legal aid provider form (Form No. 04-TP-TGPL)Form No. 04-TP-TGPL).
5.[11] Withdrawal of legal aid request form (Form No. 05-TP-TGPL)Form No. 05-TP-TGPL).
6. Decision on assignment of representative outside litigation (Form No. 06-TP-TGPL)Form No. 06-TP-TGPL).
Decision on replacement of representative outside litigation (Form No. 07-TP-TGPL)Form No. 07-TP-TGPL).
Notification of refusal to accept legal aid request (Form No. 08-TP-TGPL)Form No. 08-TP-TGPL).
Notification of transfer of legal aid request (Form No. 09-TP-TGPL)Form No. 09-TP-TGPL).
Illustration of legal aid emblem (Form No. 10-TP-TGPL)Form No. 10-TP-TGPL).
Opinion solicitation form from the beneficiary or close relative (Form No. 11-TP-TGPL)Form No. 11-TP-TGPL).
12.[12] Legal aid work report (every six months/year) (Form No. 12-TP-TGPL)Form No. 12-TP-TGPL).
13.[13] Introduction letter for legal aid (Form No. 13-TP-TGPL)Form No. 13-TP-TGPL).
Chapter III. QUALITY MANAGEMENT AND EFFECTIVENESS OF LEGAL AID CASES[14]
Article 14. Responsibilities for reviewing and evaluating the quality and effectiveness of legal aid cases
1. Organizations providing legal aid have the responsibility to organize the review of the quality of legal aid cases; evaluate the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation. The review of the quality of legal aid cases and the evaluation of the effectiveness of legal aid cases participating in litigation are carried out by the legal aid providers of 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 is based on practical requirements and criteria stipulated at Article 16 of this Circular. Determining successful legal aid cases participating in litigation is based on the criteria set forth by the Ministry of Justice. The results of the review of the quality of legal aid cases and the determination of successful legal aid cases participating in litigation are documented and filed in the legal aid case files.
2. The Department of Justice has the responsibility to manage and organize the evaluation 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 legal aid cases participating in litigation of legal aid organizations within its jurisdiction. The evaluation of quality and effectiveness is 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) Cases that have been reviewed for quality and evaluated for effectiveness by legal aid organizations 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.
3. The Legal Aid Agency under the Ministry of Justice has the responsibility to assist the Minister of Justice in managing and organizing the evaluation of the quality of litigation cases, representation outside litigation, and the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation of legal aid organizations nationwide. The evaluation of quality and effectiveness is 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
1. Based on the criteria for evaluating the quality of legal aid cases stipulated in Article 16 of this Circular, the Legal Aid Department under the Ministry of Justice, the Department of Justice under the People's Committee of provinces and centrally-run cities shall develop an evaluation plan for the quality of legal aid cases, clearly defining the scope; the proportion of cases to ensure that legal aid providers have cases to be evaluated; the methods of conducting evaluations and other necessary conditions (if any) for implementing the quality evaluation of legal aid cases. The results of the quality evaluation of legal aid cases shall be documented in writing.
2. When conducting quality evaluations of cases, the competent authority responsible for evaluation according to the provisions of Clause 1 of this Article may invite legal aid officers, experienced lawyers, and legal experts to participate in the evaluation or provide advice on the quality evaluation of complex legal aid cases. The person invited to participate must provide their opinion in writing regarding the case requested for evaluation.
3.[16] Based on the practical requirements of state management of legal aid work, the Legal Aid Department, the Department of Justice shall develop a plan to evaluate the effectiveness of legal aid cases participating in litigation to determine successful legal aid cases participating in litigation, including defining the scope; the proportion of cases; the method of conducting the evaluation, determining success, and other necessary conditions (if any). The results of determining successful participation in litigation shall be documented in writing.
Article 16. Criteria for Reviewing and Evaluating the Quality of Legal Aid Cases [17]
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. Unsatisfactory-quality case: A case with a total score of less than 50 points or a case where the legal aid provider or legal aid organization violates prohibitions stipulated in Clause 1 of Article 6 of the Legal Aid Law.
Article 17a. Responsibility to provide information and introduce legal aid of the Legal Department and the People's Committee at the commune level[18]
During the process of performing tasks related to citizens, the Legal Department and the People's Committee at the commune level shall be responsible for explaining the right to legal aid and introducing them to the Center. In cases where individuals eligible for legal aid are defendants, victims, or parties involved in litigation proceedings residing within their jurisdiction, the People's Committee at the commune level shall introduce them according to Form No. 13 promulgated together with this Circular.
Chapter IV. IMPLEMENTING PROVISIONS [19]
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 of the Ministry of Justice guiding on business operations and state management of legal aid; Circular No. 02/2013/TT-BTP dated January 5, 2013 of the Minister of Justice promulgating the Quality Standards for Legal Aid Cases; and abolishes Article 1 of Circular No. 19/2011/TT-BTP dated October 31, 2011 of the Minister of Justice amending and supplementing certain provisions 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 of the Ministry of Justice.
Article 19. Responsibility for Implementation
1. The Director of the Legal Aid Department, Heads of units under the Ministry of Justice; Directors of Provincial Legal Departments, Directors of State Legal Aid Centers in provinces and centrally governed 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./.
| MINISTRY OF JUSTICE Number: 5798/VBHN-BTP
| CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, September 18, 2025
DEPUTY MINISTER |
[1] 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 operational activities of legal aid and managing the quality of legal aid cases are based on the following:
"Based on 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 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 operational activities of legal aid and managing the quality 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;
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 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 operational activities of legal aid and managing the quality of legal aid cases are based on the following:
“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 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 operational activities of legal aid and managing the quality of legal aid cases."
Circular No. 08/2025/TT-BTP stipulates the division of authority between two levels of local government and decentralization in the field of state administration under the Ministry of Justice is based on the following:
"Based on 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. 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 stipulating the division of authority between two levels of local government and decentralization in the field of state administration under the Ministry of Justice."
Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain articles of Circulars in the field of state administration under the Ministry of Justice is based on the following:
"Based on 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;
Based on Decree No. 112/2025/NĐ-CP dated May 29, 2025 of the Government amending and supplementing certain articles of Decrees in the field of judicial assistance;
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 articles of Circulars in the field of state administration under the Ministry of Justice."
[2] This point has been amended and supplemented pursuant to Clause 1, 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 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 operational activities of legal aid and managing the quality of legal aid cases, 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 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 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 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 and quality management of legal aid cases, which took effect from July 15, 2021, and repealed pursuant to Clause 4, Article 10 of Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain provisions of circulars under the jurisdiction of the Ministry of Justice, which took effect from July 1, 2025.
[7] The Case Registration and Monitoring Book for Legal Aid Cases (Form No. 01-TP-TGPL) promulgated together with Circular No. 12/2018/TT-BTP guiding certain business activities and quality management of legal aid cases, effective from October 12, 2018, is replaced by the Case Registration and Monitoring Book for Legal Aid Cases (Form No. 01-TP-TGPL) at the Appendix promulgated together with Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain provisions of circulars under the jurisdiction of the Ministry of Justice, as stipulated in Article 3 of Circular No. 11/2025/TT-BTP, which takes effect from July 1, 2025.
[8] The Legal Aid Request Form (Form No. 02-TP-TGPL) promulgated together with Circular No. 12/2018/TT-BTP containing the contents "issued on... at..." and "ethnic group" is 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, effective 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 and quality management of legal aid cases, as stipulated in Clause 1, Article 2 of Circular No. 10/2023/TT-BTP, which takes effect from February 15, 2024.
The phrase "ID number/Citizen Identity Card number/Personal Identification Number" at the Legal Aid Request Form (Form No. 02-TP-TGPL) is adjusted to the phrase "Citizen Identity Card number/Citizen Identity Card number/Personal Identification Number" pursuant to Clause 2, Article 12 of Circular No. 08/2025/TT-BTP stipulating the division of authority of local governments at two levels and decentralization in the field of state administration under the Ministry of Justice, which takes effect from July 1, 2025.
[9] The Complaint Form (Form No. 03-TP-TGPL) promulgated together with Circular No. 12/2018/TT-BTP, effective 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 and quality management of legal aid cases, as stipulated in Clause 2, Article 2 of Circular No. 10/2023/TT-BTP, which takes effect from February 15, 2024.
The phrase "ID number/Citizen Identity Card number/Personal Identification Number" at the Complaint Form (Form No. 03-TP-TGPL) is adjusted to the phrase "Citizen Identity Card number/Citizen Identity Card number/Personal Identification Number" pursuant to Clause 2, Article 12 of Circular No. 08/2025/TT-BTP stipulating the division of authority of local governments at two levels and decentralization in the field of state administration under the Ministry of Justice, which takes effect from July 1, 2025.
[10] The Application for Changing the Legal Aid Service Provider (Form No. 04-TP-TGPL) issued together with Circular No. 12/2018/TT-BTP has the contents "date of issuance... place of issuance..." and "occupation" abolished pursuant to Clause 3, Article 1 of Circular No. 09/2022/TT-BTP abolishing certain provisions of several Circulars in the field of legal aid and civil 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 issued together with Circular No. 10/2023/TT-BTP amending and supplementing some 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 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.
The phrase "ID number/Citizen Identification Card number/Personal identification number" at the Application for Changing the Legal Aid Service Provider (Form No. 04-TP-TGPL) is adjusted to the phrase "Citizen Identification Card number/Citizen Identification Card number/Personal identification number" pursuant to Clause 2, Article 12 of Circular No. 08/2025/TT-BTP on the division of authority of local administrative levels and decentralization in the field of state administration under the Ministry of Justice, which takes effect from July 1, 2025.
[11] The Withdrawal Request for Legal Aid (Form No. 05-TP-TGPL) issued together with Circular No. 12/2018/TT-BTP has the contents "date of issuance... place of issuance...", "occupation", and "ethnicity" abolished pursuant to Clause 4, Article 1 of Circular No. 09/2022/TT-BTP abolishing certain provisions of several Circulars in the field of legal aid and civil 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 issued together with Circular No. 10/2023/TT-BTP amending and supplementing some 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 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.
The phrase "ID number/Citizen Identification Card number/Personal identification number" at the Withdrawal Request for Legal Aid (Form No. 05-TP-TGPL) is adjusted to the phrase "Citizen Identification Card number/Citizen Identification Card number/Personal identification number" pursuant to Clause 2, Article 12 of Circular No. 08/2025/TT-BTP on the division of authority of local administrative levels and decentralization in the field of state administration under the Ministry of Justice, which takes effect from July 1, 2025.
[12] This Clause is amended and supplemented pursuant to Clause 6, 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 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 in legal aid and quality management of legal aid cases, which took effect from July 15, 2021. The Semi-Annual/Annual Legal Aid Work Report (Form No. 12-TP-TGPL) issued together with Circular No. 03/2021/TT-BTP amending and supplementing some 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 in legal aid and quality management of legal aid cases, which took effect from July 15, 2021, is replaced by the Semi-Annual/Annual Legal Aid Work Report (Form No. 12-TP-TGPL) in the Appendix issued together with Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing some articles of several Circulars under the jurisdiction of the Ministry of Justice, pursuant to Article 4 of Circular No. 11/2025/TT-BTP, which takes effect from July 1, 2025.
[13] This Clause is added pursuant to Clause 7, 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 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 in legal aid and quality management of legal aid cases, which took effect from July 15, 2021.
[14] The name of this Chapter is amended and supplemented pursuant to Clause 8, 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 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 in legal aid and quality management of legal aid cases, which took effect from July 15, 2021.
[15] This provision is 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 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 of legal aid and quality management of legal aid cases, which shall take effect from July 15, 2021.
[16] This clause is added 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 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 of legal aid and quality management of legal aid cases, which shall take effect from July 15, 2021.
[17] This provision is 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 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 of legal aid and quality management of legal aid cases, which shall take effect from July 15, 2021.
[18] This provision is added pursuant to Clause 12, 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 of legal aid and quality management of legal aid cases, which shall take effect from July 15, 2021.
[19] 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 of legal aid and quality management of legal aid cases, which shall take effect from July 15, 2021, are hereby prescribed 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-administered cities, and relevant organizations and individuals are 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 3 and 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, as follows:
"Article 3. Transitional Provisions
1. Matters concerning the resolution of requests for legal aid, applications to change the provider of legal aid, and withdrawal of requests for legal aid received by legal aid organizations before the effective date of this Circular but not yet resolved shall continue to be resolved according to the provisions of Circular No. 12/2018/TT-BTP.
2. Applications for birth registration for individuals with personal files and re-registration of birth received by household registration authorities before the effective date of this Circular but not yet resolved shall continue to be resolved according to the provisions of Circular No. 04/2020/TT-BTP.
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, the Heads of units under the Ministry of Justice, the Directors of Provincial Departments of Justice, the Directors of State Legal Aid Centers in provinces and centrally governed cities, and related agencies, organizations, and individuals are responsible for implementing this Circular.
During implementation, if there are difficulties, they are requested to promptly report to the Ministry of Justice for study and resolution."
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, 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 and quality management of legal aid cases, shall take effect from February 15, 2024, as follows:
Article 3. Responsibilities for Implementation
The Director of the Legal Aid Department, the Heads of units under the Ministry of Justice, the Directors of Provincial Departments of Justice, the Directors of State Legal Aid Centers in provinces and centrally governed cities, and related agencies, organizations, and individuals are 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 and employees 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.
3. During implementation, if there are difficulties, they are requested to promptly report to the Ministry of Justice for study and resolution.”
Article 23 and Article 24 of Circular No. 08/2025/TT-BTP stipulating the division of authority between two levels of local government and decentralization in the field of state administration under the Ministry of Justice shall take effect from July 1, 2025, as follows:
"Article 23. Effective Date
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) If Decree No. 120/2025/NĐ-CP and Decree No. 121/2025/NĐ-CP extend the application period in whole or in part, then the relevant provisions in this Circular will also be allowed to extend the application period.
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 specify the authority, responsibilities of state management, procedures, and formalities provided in this Circular, adopted or promulgated from July 1, 2025, and taking effect before March 1, 2027, shall render the corresponding provisions in this Circular ineffective at the time these legal documents come into force.
3. During the period when the provisions of this Circular are in effect, if the provisions regarding the authority, responsibilities of state management, procedures, and formalities in this Circular differ from those in related legal documents, the provisions in this Circular shall be followed.
Article 24. Implementation Organization
1. The Chairperson of the People's Committee of the province, the Heads of units under the Ministry, and related agencies, organizations, and individuals are responsible for implementing the provisions of this Circular.
2. During implementation, if there are difficulties, they are requested to report to the Ministry of Justice for guidance and resolution.”
Article 11 of Circular No. 11/2025/TT-BTP amending, supplementing, and abolishing certain provisions of circulars under the jurisdiction of the Ministry of Justice shall take effect from July 1, 2025, and is stipulated as follows:
"Article 11. Effectiveness
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) Decree No. 120/2025/NĐ-CP dated June 11, 2025, of the Government on the delineation of authority of two-level local administrations in the field of state management of 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 of the Ministry of Justice, if their application periods are extended in whole or in part, then the relevant provisions of this Circular may be allowed to extend their application periods.
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 specify the authority, responsibilities of state management, procedures, and formalities provided in this Circular, adopted or promulgated from July 1, 2025, and taking effect before March 1, 2027, shall render the corresponding provisions in this Circular ineffective at the time these legal documents come into force.
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 regulatory legal documents, they shall be implemented according to the provisions of this Circular."
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