Decree No. 77/2008/ND-CP on Legal Consultation Services

DECREE

On Legal Consultation

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Decree stipulates the organization and operation of legal consultation activities by political-social organizations, political-social-professional organizations, social-professional organizations, educational institutions, and specialized legal research institutions (hereinafter collectively referred to as the managing organizations).

The legal consultation activities prescribed in this Decree have a social nature and are not aimed at profit-making.

Article 2. Responsibilities of state agencies and managing organizations in legal consultation activities

1. State agencies within their respective duties and powers encourage and support the development of legal consultation organizations and activities; coordinate with managing organizations in the management of legal consultation organizations and activities in accordance with the provisions of this Decree.

2. Managing organizations are responsible for the organization and operation of legal consultation organizations established by them.

Article 3. Forms of legal consultation organization

Managing organizations that meet the conditions specified in Article 5 of this Decree may establish a Legal Consultation Center to provide legal consultation services to members, affiliates, and employees of their organizations and other individuals and organizations.

Article 8. Prohibited acts

1. Strictly prohibited are the following actions by legal consultation organizations and persons engaged in legal consultation:

a) Inciting individuals or organizations seeking legal consultation to provide false information, materials, file complaints, accusations, or lawsuits contrary to the law;

b) Exploiting legal consultation activities for personal gain;

c) Using legal consultation activities to disrupt public order and social safety, negatively impact national customs and traditions, and infringe upon the interests of the State, lawful rights and interests of individuals and organizations;

d) Providing legal consultation to parties with opposing interests in the same matter, disclosing information about the case, or about individuals or organizations seeking legal consultation, except where such individuals or organizations agree or where the law provides otherwise.

2. Strictly prohibited are the following actions by individuals or organizations seeking legal consultation, relevant agencies, organizations, or individuals related to legal consultation activities:

a) Violating the dignity and personality of persons providing legal consultation;

b) Intentionally providing false information or materials about the case;

c) Obstructing legal consultation activities.

Chapter II

LEGAL CONSULTATION CENTER

Article 5. Conditions for Establishing a Legal Consultation Center

1. Having at least two legal consultants or one legal consultant and one lawyer practicing individually under a labor contract, or two lawyers practicing individually under a labor contract.

2. Having a headquarters for the Legal Consultation Center.

Article 6. Legal Status and Organizational Structure of the Legal Consultation Center

1. A Legal Consultation Center has legal personality, its own bank account, and a separate seal. The engraving and use of the seal of the Legal Consultation Center shall be carried out in accordance with the law on the management and use of seals.

2. The organizational structure and operational regulations of the Legal Consultation Center are determined by the managing organization.

3. The Director of the Legal Consultation Center must be a legal consultant or a lawyer practicing individually under a labor contract.

Article 7. Scope of Activities of the Legal Counseling Center

1. The Legal Counseling Center shall provide legal counseling; be authorized to assign lawyers to work under contracts with the Center to participate in litigation for defense, representation, and protection of the legitimate rights and interests of individuals and organizations requesting legal counseling in cases where the Center provides legal counseling; and implement legal aid in accordance with the provisions of the legal aid laws.

2. The Legal Counseling Center shall accept and handle cases in all areas of law.

Article 8. Rights and Obligations of the Legal Counseling Center

1. The Legal Counseling Center has the following rights:

a) To carry out cases within the scope prescribed in Article 7 of this Decree;

b) To request agencies and organizations to provide information on issues related to the legitimate rights and interests of individuals and organizations requesting legal counseling;

c) To make recommendations to state agencies on issues related to the legitimate rights and interests of individuals and organizations requesting legal counseling.

2. The Legal Counseling Center has the following obligations:

a) To comply with the provisions of this Decree and relevant legal normative documents of the laws on lawyers and legal aid;

b) To be responsible for the use of legal counselors, lawyers, and legal counseling collaborators of the Center;

c) To report annually or upon special requests to the Department of Justice of the province or centrally administered city (hereinafter referred to as the Department of Justice) where the Center's headquarters is located, and to the supervising organization about the organization and activities of the Center;

d) To compensate for losses caused by the fault of legal counselors, lawyers, and legal counseling collaborators of the Center while providing legal counseling.

Article 9. Operating Expenses of the Legal Counseling Center

The Legal Counseling Center operates on a self-financing mechanism. Sources of operating expenses for the Legal Counseling Center include:

1. Funds allocated from the regular operational budget of political-social organizations for the Legal Counseling Center established by such organizations;

2. Funds obtained from implementing legal aid for the Legal Counseling Center that has registered to participate in legal aid in accordance with the legal aid laws;

3. Fees earned from providing legal counseling services to individuals and organizations in accordance with Article 11 of this Decree;

4. Support funds from political-social-professional organizations, social-professional organizations, training institutions, specialized legal research institutions, and donations from domestic and foreign individuals and organizations supporting legal counseling activities in accordance with the law.

Article 10. Free Legal Counseling

The Legal Counseling Center provides free legal counseling to members and affiliates of the supervising organization.

The State encourages the Legal Counseling Center to provide free legal counseling to poor people and beneficiaries of preferential policies as stipulated by law.

Article 11. Legal Consultation Services with Remuneration

1. In addition to providing free legal consultation services for the subjects specified in Article 10 of this Decree, the Legal Consultation Center may charge remuneration from other individuals and organizations requesting legal consultation services to cover the costs of the Center's operations.

2. The decision on charging remuneration by the Legal Consultation Center shall be made by the managing organization. In cases where the Legal Consultation Center charges remuneration, the managing organization shall have the responsibility to stipulate the level of remuneration.

3. The Legal Consultation Center shall be responsible for posting the remuneration levels at its headquarters and complying with financial regulations.

Article 12. Establishment of Legal Consultation Centers

1. The managing organization issues a Decision to establish a Legal Consultation Center. The establishment Decision of the Legal Consultation Center shall be signed by the head of the managing organization and shall include the following main contents:

a) The name of the Legal Consultation Center;

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

c) The scope of activities of the Legal Consultation Center.

2. Political-social organizations, political-social-professional organizations, and social-professional organizations at the central and sectoral levels may establish Legal Consultation Centers nationwide.

Political-social organizations, political-social-professional organizations, and social-professional organizations at the provincial and district levels may establish Legal Consultation Centers within their respective localities.

Educational institutions and specialized legal research centers may establish Legal Consultation Centers within the province or centrally-administered city where their headquarters are located.

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

1. The Legal Consultation Center registers its activities with the Department of Justice at the location of its headquarters. The registration dossier includes:

a) Application for registration of activities;

b) The decision of the managing organization regarding the establishment of the Legal Consultation Center; regarding the appointment of the Director of the Legal Consultation Center;

c) A draft regulation on the organizational structure and operation of the Legal Consultation Center issued by the managing organization;

d) A list attached to the dossier of persons proposed to be granted a Legal Consultant Card, and lawyers working under labor contracts with the Center;

đ) Documents confirming the headquarters.

2. Within seven working days from the date of receiving a complete and valid dossier, the Department of Justice shall issue a 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 a Business Registration Certificate to the Legal Consultation Center, the Department of Justice simultaneously issues a Legal Consultant Card to persons meeting the criteria stipulated in Clause 1 of Article 19 of this Decree.

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

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

Article 14. Branches of Legal Counseling Centers

1. Legal counseling centers under political-social organizations, political-social-professional organizations, social-professional organizations at the central level, sectoral level, educational institutions, specialized legal research institutions may establish branches throughout the country.

Legal counseling centers under political-social organizations, political-social-professional organizations, social-professional organizations at the provincial level may establish branches within the province or centrally-administered city where the headquarters of the managing organization is located.

2. Branches of legal counseling centers (hereinafter referred to as Branches) are subordinate units of the center. Branches shall provide legal counseling within the scope of activities of the center. The legal counseling center shall be responsible for the activities of the Branch.

3. Branches of legal counseling centers shall have seals for transactions.

The engraving and use of Branch seals shall be carried out in accordance with the provisions of the law on seal management and use.

4. Branches must have at least one legal counselor or one lawyer working individually for the Branch. The legal counseling center shall appoint one legal counselor or one lawyer as the Head of the Branch.

5. Branches shall register their operations with the Department of Justice at the location of the Branch's headquarters. Within seven working days from the date of issuance of the Branch registration certificate, the legal counseling center must notify in writing the establishment of the Branch to the Department of Justice at the location of the center’s registration.

Article 15. Changes in the Registration Content of Legal Counseling Centers, Branches

In cases of changes in the headquarters, the Director of the Center, the Head of the Branch, legal counselors, lawyers, the legal counseling center, Branch must notify in writing the Department of Justice at the location of registration.

Article 16. Termination of Operations of Legal Counseling Centers, Branches

1. Legal counseling centers terminate operations in the following cases:

a) By decision of the managing organization;

b) Revocation of the registration certificate.

2. In the case of termination of operations as provided for in point a, Clause 1 of this Article, the managing organization must notify in writing the Department of Justice at the location of registration at least sixty days before the anticipated termination date.

Prior to the termination date, the legal counseling center must complete the procedures to terminate labor contracts signed with lawyers, associates, and employees of the center; complete all cases that the center has accepted. In cases where it is not possible to complete the case, the center must reach an agreement with individuals or organizations requesting legal counseling regarding the handling of the case.

3. In the case of termination of operations as provided for in point b, Clause 1 of this Article, within seven working days from the date of revocation of the registration certificate, the Department of Justice shall notify the managing organization about the revocation of the registration certificate of the legal counseling center.

Within sixty days from the date of revocation of the registration certificate, the legal counseling center must complete the procedures to terminate labor contracts signed with lawyers, associates, and employees of the center; complete all cases that the center has accepted. In cases where it is not possible to complete the case, the center must reach an agreement with individuals or organizations requesting legal counseling regarding the handling of the case.

4. Branches terminate operations in the following cases:

a) By decision of the managing organization;

b) The legal counseling center that the Branch depends on terminates operations;

c) Revocation of the registration certificate. The legal counseling center shall be responsible for fulfilling obligations and resolving all issues related to the termination of operations of the Branch.

Article 17. Revocation of the Registration Certificate for Legal Consultation Centers, Branches

1. The Registration Certificate for Legal Consultation Centers, Branches shall be revoked in the following cases:

a) No longer meeting the conditions stipulated in Article 5, Clause 4 of this Decree;

b) Committing violations that have been administratively sanctioned and reoffending or seriously violating regulations on the use of the Registration Certificate.

2. The Department of Justice issuing the Registration Certificate for Legal Consultation Centers, Branches shall carry out the revocation of the Registration Certificate.

Chapter III

LEGAL CONSULTATION PROVIDERS

Article 18. Legal consultation providers

Legal consultation providers include:

1. Legal consultants;

2. Lawyers practicing individually under labor contracts with Legal Consultation Centers;

3. Legal consultation associates.

Article 19. Legal Consultants

1. Legal consultants are Vietnamese citizens residing in Vietnam who meet the following criteria:

a) Having full civil capacity, good moral character, not being currently pursued for criminal responsibility or having been convicted without having their criminal record expunged;

b) Holding a Bachelor's degree in Law;

c) Having at least three years of legal work experience.

2. Legal consultants are issued a Legal Consultant Card. Legal consultants may operate nationwide.

Civil servants working in administrative state agencies, People's Courts, or People's Procuratorates shall not be issued a Legal Consultant Card.

Article 20. Issuance and Revocation of Legal Consultant Cards

a) A request for issuance of a Legal Consultant Card;

b) Copy of the Bachelor's Degree in Law;

c) Curriculum vitae;

d) Confirmation of legal work experience of the applicant.

Within seven working days from the date of receiving a complete and valid dossier, the Department of Justice where the Legal Consultation Center is registered must issue a Legal Consultant Card to those who meet the conditions; in case of refusal, the reason must be notified in writing.

2. Those who have been issued a Legal Consultant Card but fall into any of the following situations shall have their Legal Consultant Card revoked:

a) No longer meeting the criteria stipulated in Clause 1 of Article 19 of this Decree;

b) Being recruited as a civil servant in administrative state agencies, People's Courts, or People's Procuratorates;

c) Committing prohibited acts as stipulated in points a, b, and c of Clause 1 of Article 4 of this Decree.

The Department of Justice where the Legal Consultation Center or Branch is located, where the holder of the Legal Consultant Card works, shall carry out the revocation of the Legal Consultant Card.

Article 21. Lawyers Practicing Individually Working for Legal Consultation Centers, Branches

1. Lawyers practicing individually work for Legal Consultation Centers, Branches under labor contracts.

2. Lawyers working for Legal Consultation Centers, Branches have rights and obligations according to the labor contract signed between the lawyer and the Legal Consultation Center, consistent with the provisions of the law on lawyers.

Article 22. Legal Consultation Associates

1. Legal consultation associates must meet the conditions stipulated in points a and b of Clause 1 of Article 19 of this Decree. Individuals holding a bachelor's degree in fields related to citizens' rights and obligations, individuals residing in areas with special economic and social difficulties, ethnic minority and mountainous regions with a diploma in law or having at least three years of legal work experience or possessing legal knowledge and community reputation can be legal consultation associates.

Cadres and civil servants may serve as legal consultation associates of Legal Consultation Centers, Branches if such work does not contravene laws on cadres and civil servants.

2. Legal consultation associates provide legal consultations under associate cooperation contracts signed between Legal Consultation Centers and legal consultation associates.

Rights and obligations of legal consultation associates are stipulated in the associate cooperation contract.

3. Legal consultation associates may only accept cases from Legal Consultation Centers, Branches.

Article 23. Rights and Obligations of Legal Consultation Service Providers

1. Provide legal consultation within the scope of activities of the Legal Consultation Center or Branch where they work.

2. Receive professional training and vocational development.

3. Enjoy remuneration from providing legal consultation services.

4. Bear responsibility for the content of consultations they provide.

5. Adhere to regulations of the managing organization, this Decree, and other relevant laws on lawyers and legal aid.

6. Compensate for losses caused by their own fault while providing legal consultation services.

Chapter IV

MANAGEMENT OF LEGAL CONSULTATION ACTIVITIES

Article 24. Responsibilities of the Ministry of Justice in Managing Legal Consultation Activities

The Ministry of Justice is responsible for guiding and inspecting the implementation of legal regulations on legal consultation; organizing summaries, exchanging experiences, supporting professional and vocational training for legal consultation service providers, and implementing other support measures to develop organizations and activities of legal consultation as stipulated in this Decree.

Article 25. Responsibilities of Provincial People's Committees under the Central Government in Managing Legal Consultation Activities

1. Provincial People's Committees under the Central Government are responsible for inspecting, auditing, handling violations, resolving complaints and denunciations regarding the organization and operation of Legal Consultation Centers within their jurisdiction; implementing support measures to develop organizations and activities of legal consultation at the local level.

2. Departments of Justice assist Provincial People's Committees under the Central Government in managing legal consultation activities, with the following duties and powers:

a) Issuing and revoking the Registration Certificate for Legal Consultation Center operations and Branches;

b) Issuing and revoking Legal Consultant Certificates;

c) Cooperating with the same-level managing organizations in providing professional and vocational training for legal consultation service providers;

d) Advising and proposing to Provincial People's Committees under the Central Government on support measures to develop organizations and activities of legal consultation at the local level;

đ) Implementing inspections, audits, handling violations, resolving complaints and denunciations regarding legal consultation organizations and activities within their authority or upon delegation by the Chairman of Provincial People's Committees under the Central Government;

e) Reporting annually to Provincial People's Committees under the Central Government and the Ministry of Justice on the organization and activities of Legal Consultation Centers and Branches at the local level or as required in case of emergencies.

Article 26. Responsibilities of Managing Organizations in Managing Legal Consultation Activities

Managing organizations are responsible for managing the organization and activities of Legal Consultation Centers and Branches established by themselves according to this Decree and their own Charter.

Article 27. Handling Violations by Legal Consultation Service Providers, Legal Consultation Centers, and Branches

1. Legal consultation service providers who violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

2. Legal Consultation Centers and Branches that violate the provisions of this Decree shall be subject to administrative penalties; if damage is caused, compensation must be provided according to the law.

3. Forms, authorities, and procedures for handling administrative violations related to legal consultation shall be carried out according to the law on handling administrative violations in the field of justice.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Transitional Provisions

The Registration Certificate for Legal Consultation Center operations and the Legal Consultant Certificate issued according to Decree No. 65/2003/NĐ-CP dated June 11, 2003 of the Government on the organization and operation of legal consultation continue to be valid according to this Decree.

Article 29. Effective Date

1. This Decree takes effect fifteen days after its publication in the Official Gazette.

Decree No. 65/2003/NĐ-CP dated June 11, 2003 of the Government on the organization and operation of legal consultation ceases to be effective from the date this Decree takes effect.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.