Decree No. 65/2003/ND-CP On the organization and operation of legal advisory services

DECREE

On the organization and operation of legal advisory services

____________

THE GOVERNMENT

   Based on the Law on Government Organization dated December 25, 2001;
   To contribute to meeting the broad and diverse needs for legal advisory services of individuals and organizations, enhancing legal awareness, and helping citizens behave according to the law in daily life relations; strengthening state management over legal advisory activities;

At the proposal of the Minister of Justice,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Decree stipulates the organization and operation of social legal advisory services conducted by political-social organizations and occupational-social organizations without profit-making purposes.

The legal advisory activities of lawyers as prescribed by the Lawyer Ordinance and those of the State Legal Aid Centers are not within the scope regulated by this Decree.

Article 2. Forms of organization and scope of legal advisory activities

Political-social organizations and occupational-social organizations that meet the conditions prescribed in this Decree may establish Legal Advisory Centers under the provisions of this Decree to provide free legal advisory services to members of their own organizations.

The State encourages Legal Advisory Centers to provide free legal advisory services to poor people and other groups entitled to preferential policies as prescribed by law.

In addition to providing free legal advisory services to the groups specified in this Decree, Legal Advisory Centers may charge fees from other groups to cover their operational costs as prescribed by this Decree.

Article 3. Management of legal advisory activities

The management of legal advisory activities as prescribed in this Decree shall be carried out based on the principle of combining state management with the self-management role of political-social organizations and occupational-social organizations to ensure that legal advisory activities comply with the provisions of this Decree.

Chapter II

LEGAL ADVISORY CENTER

Article 4. Conditions for establishing a Legal Advisory Center

1. Political-social organizations and occupational-social organizations wishing to establish a Legal Advisory Center must meet the following conditions:

a) Having at least three legal advisors who meet the conditions prescribed in Clause 1, Article 13 of this Decree;

b) Having a separate location for the Legal Advisory Center for transactions and work.

2. Provincial-level and central-level political-social organizations and occupational-social organizations (hereinafter referred to as the managing organization) issue decisions to establish Legal Advisory Centers. The decision to establish a Legal Advisory Center shall be signed by the head of the managing organization and shall include the following main contents:

a) The name of the Legal Advisory Center;

b) The purpose and tasks of the Legal Advisory Center;

c) The field of legal advisory services;

d) The financial system of the Legal Advisory Center.

3. The name of the Legal Advisory Center must clearly reflect the name of the managing organization. In cases where a managing organization establishes two or more Legal Advisory Centers, the names of these centers must be distinguishable from each other.

Article 5. Organizational structure of a Legal Advisory Center

1. A Legal Advisory Center has a Director, legal advisors, and other staff. The organizational structure of a Legal Advisory Center is decided by the managing organization.

A Legal Advisory Center may employ legal advisory consultants.

2. A Legal Advisory Center has a seal for transactions.

The engraving and use of seals by Legal Advisory Centers shall be in accordance with current laws governing the management and use of seals.

3. A Legal Advisory Center may establish branches within the province or centrally-administered city where the headquarters of the managing organization is located. The Legal Advisory Center shall be responsible for the operations of its branches.

Article 6. Registration of Legal Consultation Center Activities

1. The Legal Consultation Center shall register its activities with the Department of Justice of the province or centrally governed city (hereinafter referred to as the Department of Justice) where the managing organization's headquarters is located.

The registration dossier includes:

a) Application for registration of activities;

b) Decision of the managing organization on establishing the Legal Consultation Center;

c) Charter of the Legal Consultation Center issued by the managing organization;

d) Decision of the managing organization on appointing the Director of the Legal Consultation Center;

đ) List of proposed legal consultants, accompanied by copies of bachelor's degrees in law, certificates confirming completion of legal consultation skills training, and documents confirming the period of legal work experience of the proposed individuals;

e) Documents confirming the working location of the Legal Consultation Center;

g) Fee schedule established by the managing organization based on Article 10 of this Decree.

2. Within seven days from the date of receiving a complete and valid dossier, the Department of Justice shall be responsible for issuing the Business Registration Certificate to the Legal Consultation Center; in case of refusal, it must notify the reasons in writing to the applicant.

3. When issuing the Business Registration Certificate to the Legal Consultation Center, the Department of Justice simultaneously issues the Legal Consultant Certificate to individuals meeting the criteria stipulated in Clause 1 of Article 13 of this Decree.

The list of legal consultants of the Legal Consultation Center must be posted at the center's headquarters.

The Ministry of Justice shall prescribe the format of the Business Registration Certificate and the Legal Consultant Certificate.

4. The Legal Consultation Center may commence operations from the date it receives the Business Registration Certificate.

Article 7. Scope of Activities of the Legal Consultation Center

1. The scope of legal consultation includes the following matters:

a) Guidance and legal advice;

b) Drafting petitions, wills, and other documents;

c) Drafting contracts with a value of up to 100,000,000 VND;

d) Providing legal documents and legal information.

Matters prescribed in this clause must be carried out by legal consultants and legal consultation associates of the Legal Consultation Center.

2. The Legal Consultation Center shall not undertake the representation or defense of suspects, defendants, or other parties before judicial proceedings.

Article 8. Rights and Obligations of the Legal Consultation Center

1. The Legal Consultation Center has the following rights:

a) To provide legal consultation within the scope prescribed in Article 7 of this Decree;

b) To request relevant authorities to provide information related to the rights and legitimate interests of individuals or organizations seeking legal consultation from the center;

c) To make recommendations to relevant state agencies regarding issues related to the rights and legitimate interests of members of its organization;

d) To accept financial support from domestic and foreign individuals and organizations for free legal consultation activities in accordance with the law.

2. The Legal Consultation Center has the following obligations:

a) To comply with the provisions of this Decree and related legal regulations;

b) To be responsible for the legal consultation activities of legal consultants and legal consultation associates of the center;

c) To report to the Department of Justice, where the center's headquarters is located, semi-annually and annually on the organization and operation of the center; to report to the managing organization according to its regulations.

Article 9. Free Legal Consultation

The Legal Counseling Center shall provide free legal consultation to the following subjects:

1. Members of the managing organization;

2. Poor individuals and policy beneficiaries entitled to free legal aid under the law on legal aid.

Article 10. Legal consultation with fees

1. The Legal Counseling Center may provide fee-based legal consultation to individuals and organizations other than those specified in Article 9 of this Decree to cover necessary expenses for the Center's operations.

2. Necessary expenses for the Legal Counseling Center's operations include:

a) Purchasing equipment, office supplies, and necessary materials for legal counseling activities;

b) Paying remuneration or allowances to the Director, legal counselors, legal counseling collaborators, and other staff members;

c) Other reasonable expenses for conducting legal counseling.

3. The maximum fee charged is as follows:

a) Oral guidance and legal advice, provision of legal information and documents: VND 50,000 per case;

b) Written guidance and legal advice: VND 100,000 per case;

c) Drafting letters, wills, and other documents: VND 100,000 per case;

d) Drafting contracts: VND 200,000 per case.

When market prices fluctuate by 10% or more, the Ministry of Justice and the Ministry of Finance shall guide adjustments to the ceiling levels set forth in this Clause.

4. Based on the provisions of Clause 3 of this Article, the managing organization shall establish a fee schedule applicable to the Legal Counseling Center it has established. The fee schedule must be posted at the Legal Counseling Center's headquarters.

5. The Legal Counseling Center must maintain books to record income and expenditure in accordance with the law; it is subject to inspection and supervision by the managing organization and relevant state authorities.

Article 11. Changes to Registered Activities

1. Any changes to the place of operation, the Director of the Legal Counseling Center, the list of legal counselors, or establishment of branches of the Legal Counseling Center must be notified in writing to the Department of Justice where the Center is registered.

2. In cases of adding legal counselors, the Legal Counseling Center must submit a written request for issuance of a Legal Counselor Certificate, accompanied by a copy of the bachelor's degree in law, a certificate of legal counseling skills training, and proof of legal work experience for the person being proposed.

Article 12. Termination of Operations

1. The Legal Counseling Center shall cease operations in the following circumstances:

a) By decision of the managing organization;

b) Revocation of the Registration Certificate.

2. In the event of termination of operations by decision of the managing organization, within seven days from the date of the termination decision, the Legal Counseling Center must notify in writing, along with the Decision on Termination of Operations, to the Department of Justice where the Center is registered.

Chapter III

LEGAL COUNSELORS

Article 13. Conditions for Issuance of Legal Counselor Certificate

1. Vietnamese citizens residing in Vietnam who meet the following conditions shall be issued a Legal Counselor Certificate:

a) Hold a bachelor's degree in law and have at least three years of legal work experience;

b) Have undergone legal counseling skills training;

c) Possess good character and ethics; not currently under criminal investigation or previously convicted without having had their criminal record expunged;

d) Have full civil capacity.

2. State officials and civil servants working in state agencies shall not be issued a Legal Counselor Certificate.

3. A legal counselor can only work for one Legal Counseling Center.

Article 14. Rights and Obligations of Legal Advisors

1. When providing legal advice, legal advisors have the following rights:

a) To provide legal advice within the scope of activities of the Legal Counseling Center;

b) To be trained in legal counseling skills;

c) To receive allowances or remuneration as prescribed by the managing organization;

2. Legal advisors must provide legal advice truthfully and objectively; comply with the regulations of the managing organization and the law; and bear responsibility for the content of the legal advice they provide.

Article 15. Prohibitions for Legal Advisors

When providing legal advice, legal advisors shall not engage in the following acts:

1. Inciting parties to file complaints, lawsuits, or accusations without grounds;

2. Misusing the name of the Legal Counseling Center or the title of legal advisor for personal gain or to conduct activities contrary to the law or social ethics;

3. Directly receiving fees for legal advice from organizations or individuals who request the Legal Counseling Center to provide such advice;

4. Disclosing information about cases, individuals, or organizations seeking legal advice that the legal advisor becomes aware of during the provision of legal advice, except where consented to by the individual or organization or otherwise provided by law.

Article 16. Collaborators of Legal Advisors

1. Collaborators of legal advisors must meet the conditions stipulated in points a, c, and d of Clause 1, Article 13 of this Decree. Individuals without a bachelor's degree in law but with at least ten years of direct experience in legal work may also serve as collaborators of legal advisors.

Civil servants may act as collaborators of legal advisors of the Legal Counseling Center if their collaboration does not contravene laws on civil servants.

The list of collaborators of the Legal Counseling Center must be posted at the center’s headquarters.

2. Collaborators of legal advisors provide legal advice under a collaboration agreement signed between the Legal Counseling Center and the collaborator.

The rights, obligations, and responsibilities of collaborators of legal advisors are specified in the collaboration agreement.

The prohibitions for legal advisors set forth in Article 15 of this Decree also apply to collaborators of legal advisors.

3. The Legal Counseling Center bears responsibility for the use of collaborators of legal advisors.

Chapter IV

MANAGEMENT OF LEGAL ADVICE ACTIVITIES

Article 17. State Management of Legal Advice Activities

1. The Ministry of Justice implements state management over legal advice activities with the following tasks and powers:

a) Drafting and submitting to competent authorities for promulgation legal regulatory documents concerning legal advice activities and guiding their implementation;

b) Developing programs for training legal counseling skills as stipulated in point b of Clause 1, Article 13 of this Decree;

c) Inspecting and auditing the organization and operation of Legal Counseling Centers in cases of handling complaints, dealing with violations within its authority, or other necessary cases upon request of provincial or centrally-administered city people's committees;

d) Implementing measures to support the professional training of legal advisors and collaborators of legal advisors upon request of managing organizations.

2. Provincial or centrally-administered city people's committees implement state management over legal advice activities within their respective localities with the following tasks and powers:

a) Inspecting, auditing, and handling violations regarding the organization and operation of Legal Counseling Centers within their authority;

b) Resolving complaints and accusations regarding the organization and operation of Legal Counseling Centers;

c) Other tasks and powers as prescribed by law.

3. Departments of Justice assist provincial or centrally-administered city people's committees in implementing state management over legal advice activities as stipulated in Clause 2 of this Article with the following tasks and powers:

a) Organizing training in legal counseling skills as stipulated in point b of Clause 1, Article 13 of this Decree;

b) Issuing and revoking certificates of operation of Legal Counseling Centers;

c) Issuing and revoking certificates of legal advisors;

d) Supporting managing organizations at the same level in professional training for legal advisors;

đ) Reporting to provincial or centrally-administered city people's committees and the Ministry of Justice semi-annually and annually on the organization and operation of Legal Counseling Centers within their respective localities.

Article 18. Responsibilities of Managing Organizations in Managing Legal Advice Activities

1. Managing organizations are responsible for the organization and operation of Legal Counseling Centers established by themselves, with the following tasks and powers:

a) Deciding on the establishment and dissolution of Legal Counseling Centers;

b) Enacting and supervising the implementation of the Charter of Legal Counseling Centers; handling violations according to their own organization's charter;

c) Organizing professional training for legal advisors and collaborators of legal advisors;

d) Other tasks and powers as stipulated in their organization's charter.

2. Managing organizations report to judicial agencies at the same level in writing semi-annually and annually on the organization and operation of Legal Counseling Centers established by themselves.

Chapter V

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 19. Awards

Legal Counseling Centers, legal advisors, and collaborators of legal advisors who achieve outstanding results in legal advice activities are commended and rewarded according to state regulations and those of managing organizations.

Article 20. Handling Violations Against Legal Counseling Centers

If a legal counseling center violates the provisions of this Decree, it shall be subject to administrative penalties according to the following forms depending on the nature and degree of violation:

1. Warning or fine from VND 1,000,000 to VND 5,000,000 for any of the following acts:

a) Providing legal counseling without having been issued a Registration Certificate for Operation.

b) Providing legal counseling outside the scope of activities prescribed by this Decree.

c) Not posting the list of legal counselors and legal counseling associates at the center's headquarters.

d) Using individuals who are not legal counselors or legal counseling associates to provide legal counseling.

đ) Not posting the fee schedule for legal counseling at the center's headquarters.

e) Collecting fees for legal counseling contrary to the provisions of Article 10 of this Decree.

g) Violating other provisions of this Decree.

2. The Registration Certificate for Operation may be revoked temporarily or permanently in cases of repeated offenses or where the violation has aggravating circumstances.

In cases where violations cause damage, compensation must be provided according to the law.

Article 21. Handling Violations Against Legal Counselors and Legal Counseling Associates

1. A legal counselor or legal counseling associate who commits any of the following violations shall be subject to administrative penalties in the form of a warning or a fine ranging from VND 200,000 to VND 1,000,000, depending on the nature and degree of the violation:

a) Intentionally providing illegal advice.

b) Demanding additional money or material benefits beyond the fee collected by the legal counseling center.

c) Abusing the name of the legal counseling center or the title of legal counselor or legal counseling associate to provide legal counseling for personal gain or to conduct other unlawful activities.

2. In addition to the penalties stipulated in Clause 1 of this Article, the violator may also have their Legal Counseling Certificate revoked or be removed from the list of legal counseling associates; if damage is caused, compensation must be provided according to the law.

Article 22. Authority to Handle Violations

1. The Chairman of the People's Committee of the province or centrally-administered city has the authority:

a) To issue warnings;

b) To impose fines up to the maximum amount specified in this Decree.

2. The Head of the Specialized Inspectorate of the Department of Justice has the authority:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) To revoke the Registration Certificate for Operation of the legal counseling center, the Legal Counseling Certificate; remove the name from the list of legal counseling associates.

Article 23. Procedures for Handling Violations

The procedures for handling administrative violations against legal counseling centers, legal counselors, and legal counseling associates shall be carried out in accordance with the law on handling administrative violations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 24. Transitional Provisions

1. Within six months from the date this Decree takes effect, legal counseling organizations of political-social and social-professional organizations that were established and operating before the effective date of this Decree, if they wish to continue operations, must register their activities in accordance with this Decree; failure to register within the aforementioned period will result in cessation of operations.

2. Individuals recognized as legal counseling specialists for five years or more and currently serving as legal counseling specialists in legal counseling offices or centers of the Vietnam Bar Association, the Vietnam General Confederation of Labor, the Vietnam Women's Union, and other political-social organizations at the time this Decree takes effect shall be recognized as legal counselors under this Decree.

Article 25. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Directive No. 620/CT-TTg dated September 29, 1995 of the Government Prime Minister on strengthening the management of legal counseling activities and Circular No. 1119/TTQLTPK dated December 24, 1987 of the Ministry of Justice on legal service work cease to be effective from the date this Decree takes effect.

Article 26. Implementation Guidance

1. The Ministry of Justice is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decree.