Joint Circular No. 81/2008/TTLT-BTC-BTP guides the establishment, management, use, and settlement of funds to ensure the operation of state legal aid agencies.

JOINT CIRCULAR

Guidelines for the establishment, management, use, and settlement of funds ensuring the operation of state legal aid agencies

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Pursuant to the State Budget Law and related guiding documents;

Pursuant to the Legal Aid Law on June 29, 2006;

Pursuant to Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain provisions of the Legal Aid Law;

Pursuant to Directive No. 35/2006/CT-TTg dated October 13, 2006 of the Prime Minister on the implementation of the Legal Aid Law;

The Ministry of Finance and the Ministry of Justice jointly issue guidelines for the establishment, management, use, and settlement of funds ensuring the operation of state legal aid agencies as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. These Circulars guide the establishment, management, use, and settlement of funds ensuring the operation of state legal aid agencies (Legal Aid Agency, State Legal Aid Center, and Branches of the Center).

2. Sources of funds ensuring the operation of state legal aid agencies include:

a) Funds allocated from the state budget;

b) Support funds from the Legal Aid Fund (if available);

c) Sponsorship from individuals and organizations within and outside the country (if available).

3. Funds ensuring the operation of state legal aid agencies at each level shall be guaranteed by the corresponding budget according to the State Budget Law and incorporated into the annual budget estimate of the agency.

4. Funds for the operation of state legal aid agencies must be used for their intended purposes and for the designated beneficiaries in accordance with current financial expenditure standards, and reports on the settlement of used funds must be submitted in compliance with the law.

II. SPECIFIC PROVISIONS

1. Contents of expenditures for the operation of state legal aid agencies:

1.1. Payments to individuals: salaries, wages, allowances, contributions based on salary (social insurance, health insurance, trade union fees), bonuses, collective welfare, and other payments to individuals as prescribed.

1.2. Expenditures for public services, rental costs, purchase of books and materials for legal aid work.

1.3. Conference expenses, domestic travel expenses, expenses for overseas missions, and reception of foreign delegations, and other regular expenses serving the operations of state legal aid agencies.

1.4. Expenditures related to legal aid activities including:

a) Expenses for providing legal advice, appointing representatives in litigation, representing out-of-court, mediation and implementing other forms of legal aid to eligible recipients as stipulated in Article 34 of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government;

b) Expenses for mobile legal aid, supporting the living expenses of Legal Aid Clubs (hereinafter referred to as Clubs), specialized legal seminars: Expenses for surveying legal aid needs; banners, slogans, posters, pamphlets, legal information dissemination, pocket books, legal guides, and other legal literature; expenses for copying relevant case files; travel expenses for volunteers and staff participating in mobile legal aid and attending specialized seminars with Clubs. For water and venue expenses for Club activities, local People's Committees provide support; c) Expenses for verifying legal aid cases: travel expenses for verification, expenses for information providers, interpreters, and copying relevant case files; d) Expenses for consulting experts in complex legal aid cases, quality control and evaluation of legal aid cases;

e) Expenses for information and communication activities on legal aid,

participation in legal education and promotion for the public through mass media (newspapers, magazines, radio, television...) and other methods (compilation, printing, distribution of pamphlets, legal guides, pocket books, information boxes, bulletin boards, and other legal publications); f) Training and capacity building expenses for legal aid officers and volunteers of the State Legal Aid Center and its Branches (hereinafter referred to as Centers and Branches);

support for professional training for organizations participating in legal aid; In the case where legal aid participants from law firms, legal companies, or legal counseling centers under political-social organizations, occupational-political organizations, or social-professional organizations are sent to attend professional skill training courses by these organizations or companies, the State Legal Aid Center will support them with study materials and related course expenses. However, food, accommodation, and travel expenses are self-funded by the participants or supported by the sending unit; g) Research, investigation, survey, seminar organization, roundtable discussion, and experience exchange expenses related to legal aid activities for legal aid officers and volunteers of Centers and Branches; h) Expenses for quality control and evaluation of legal aid cases;

i) Expenses for legal aid volunteers: - Allowances for volunteers participating in legal aid cases; - Administrative expenses when volunteers perform legal aid: office supplies, copying expenses, communication expenses with the recipient of legal aid or their relatives directly serving the legal aid process;

- Travel expenses when volunteers travel for legal aid case resolution.

Apart from allowances and expenses settled by Centers

and Branches as prescribed, volunteers may not request additional payments from the recipient of legal aid or their relatives.

j) Expenses for mid-term and final reviews, reporting, and statistics on the organization and operation of legal aid;

k) Expenses for establishing a computerized database system for legal aid, application, and development of information technology;

l) Expenses for organizing legal aid competitions.

- Expenses for travel allowances in cases where the legal aid collaborator travels to perform tasks related to the handling of legal aid cases.

In addition to the stipend and expenses covered by the Center and Branch as prescribed, the collaborator shall not request additional payments from the person receiving legal aid or their relatives. k) Expenses for mid-term and final reviews, reporting systems, and statistics on the organization and operation of legal aid;

l) Expenses for establishing an information technology database to support legal aid, including the application and development of information technology;

m) Expenses for organizing legal aid competitions;

- Decisions of the Center and Branch regarding the assignment of lawyer collaborators to participate in litigation;

n) Expenditure for rewarding collectives and individuals with achievements in legal aid work shall be decided by competent authorities.

For law firms, legal companies, legal counseling centers, and individuals belonging to these organizations, when they are awarded by state agencies with authority, they shall receive monetary rewards along with other forms of recognition as stipulated.

1.5. Expenditure for purchasing, repairing equipment and facilities serving legal aid activities and major repairs of fixed assets;

1.6. Expenditure for implementing legal aid policies in the Socio-Economic Development Program for Particularly Difficult Communes in Ethnic Minority Areas and Mountainous Regions, the National Target Program on Poverty Reduction, and other National Target Programs related to legal aid activities;

1.7. Expenditure for implementing projects funded from foreign sources based on international cooperation documents approved by authorized agencies;

1.8. Expenditure within the scope of support provided by the Legal Aid Fund according to the provisions of the law.

2. Expenditure levels:

2.1. Expenditures for legal aid work shall be implemented in accordance with current financial expenditure standards, regulations, and norms. Specifically, as follows:

a) For travel expenses for those traveling domestically (including legal aid volunteers) shall be carried out in accordance with current regulations regarding travel allowances for civil servants, public officials, and state employees on business trips;

b) Expenditure for drafting legal normative documents on legal aid shall be implemented in accordance with the Ministry of Finance's regulations on managing and using state budget funds to ensure the drafting of legal normative documents;

c) Expenditure for organizing training, professional development, and information technology application for legal aid officers, volunteers, and persons providing legal aid from participating organizations shall be implemented in accordance with the Ministry of Finance's regulations on managing and using training and professional development funds for civil servants and public officials;

d) Expenditure for organizing meetings, conferences, seminars, roundtable discussions, experience exchanges, mid-term reviews, and summaries on legal aid shall be implemented in accordance with the Ministry of Finance's regulations on conference expenditure standards;

đ) Expenditure for organizing surveys and research on legal aid shall be implemented in accordance with the Ministry of Finance's guidelines for managing funds allocated from state budget sources for such surveys;

e) Payment of fees for issuing copies of judgments and decisions of judicial organs and other related fees in accordance with laws on fees and charges;

g) Expenditure for establishing electronic database systems to serve legal aid work shall be implemented in accordance with the Ministry of Finance's guidelines on expenditure levels for creating electronic data under information technology regulations and current regulations on information technology, as well as regulations on building and managing databases;

h) Expenditure for organizing national and local legal aid competitions shall be implemented in accordance with the Ministry of Finance's guidelines on managing and using funds to ensure legal education and dissemination activities;

i) Expenditure for printing legal pamphlets, legal handbooks, notebooks, professional books, and other legal aid publications, forms, templates, and documents serving legal aid activities... shall be based on valid invoices and receipts in accordance with current regulations;

2.2. State legal aid agencies must implement expenditures for legal aid work in accordance with the above provisions and current financial expenditure regulations. Additionally, this Circular guides certain special expenditure items in legal aid work (as attached in the Appendix).

Within the annual allocated budget, the head of the agency or unit decides specific expenditure levels but must not exceed the maximum expenditure levels or the prescribed expenditure ranges set forth in this Joint Circular.

2.3. The working hours of volunteers include:

a) Participation in litigation:

- Time meeting with detainees, defendants, and accused persons: Confirmed by the detention center warden or head of the agency holding the detainee or defendant in custody.

- Time reviewing case files and preparing materials at the prosecution agency: Determined based on the attendance record confirmed by the agency where the lawyer reviewed the file.

- Time attending court sessions: Determined based on the duration of the trial session.

- Time collecting evidence, objects, and necessary materials related to defense and protection, time meeting witnesses, examining crime scenes...: Determined based on the agreement document about the number of days for collecting evidence, objects, and materials related to defense with the Center and Branches, depending on the complexity of each case.

- Other reasonable time as required by the Center and Branches to participate in litigation. In cases where the prosecution agency suspends or temporarily suspends the case, the volunteer will be compensated for actual participation in legal aid up to the suspension date.

b) Participation in non-litigation representation:

- Time meeting and interacting with the person receiving legal aid, their relatives, and witnesses: Confirmed by the person the volunteer interacts with and works for;

- Time reviewing case files and preparing materials for representation as agreed with the Center and Branches: Determined based on the agreement document about the number of days for reviewing files and preparing materials, depending on the complexity of each case;

- Time representing before relevant agencies, organizations, and individuals involved in legal aid cases: Confirmed by the agencies, organizations, and individuals that the volunteer has met and worked with.

c) Time spent by volunteers in legal consultation: Based on the schedule of the Center and Branches, confirmed by the person receiving consultation.

2.4. The application dossier for reimbursement of case assistance allowance includes:

a) Participation in litigation:

- Request for legal aid signed or marked by the applicant;

- Documents proving the status of the person receiving legal aid;

- Relevant documents and materials related to the legal aid case (if any);

- A list of reasonable administrative expenses incurred during the provision of legal aid and supporting documents;

- Decision of the Center and Branches assigning a volunteer lawyer to participate in litigation.

During the implementation process, if any difficulties or issues arise, localities are requested to report them to the Ministry of Finance and the Ministry of Justice for study, amendment, and supplementation to ensure appropriateness./.

- The list of working hours of the lawyer must be confirmed by the Center and Branch based on the above-mentioned working hours as the basis for paying remuneration to the lawyer and the documents confirming working hours with relevant agencies, organizations, and individuals attached thereto;

- The memorandum of defense arguments and the protection of legitimate rights and interests for the person receiving legal aid;

b) Representation outside litigation:

- Documents proving the status of the person receiving legal aid;

- Relevant documents and materials related to the legal aid case (if any);

- A list of reasonable administrative expenses incurred during the provision of legal aid and supporting documents;

- Decision of the Center and Branches assigning a volunteer lawyer to participate in litigation.

- The decision of the Center and Branch regarding the assignment of associates to participate in representation outside litigation;

- The report on the tasks performed within the scope of representation outside litigation by the associate;

- The list of working hours confirmed by the Center and Branch based on the above-mentioned working hours as the basis for paying remuneration to the lawyer;

c) Mediation:

- Documents proving the status of the person receiving legal aid;

- Relevant documents and materials related to the legal aid case (if any);

- A list of reasonable administrative expenses incurred during the provision of legal aid and supporting documents;

- Decision of the Center and Branches assigning a volunteer lawyer to participate in litigation.

- The mediation record confirmed by all parties involved;

d) Legal consultation:

- Documents proving the status of the person receiving legal aid;

- Relevant documents and materials related to the legal aid case (if any);

- A list of reasonable administrative expenses incurred during the provision of legal aid and supporting documents;

- Decision of the Center and Branches assigning a volunteer lawyer to participate in litigation.

- The list of consultation hours confirmed by the party concerned;

- The consultation form or legal consultation document;

3. Establishment, implementation, and settlement of funds ensuring the operation of legal aid activities:

The establishment, implementation, and settlement of funds ensuring the operation of legal aid activities shall be carried out in accordance with the provisions of the State Budget Law, the Accounting Law, and other guiding documents implementing these laws. This Circular provides additional guidance on certain specific points as follows:

3.1. Preparation of budget estimates and allocation of budget estimates:

When preparing the annual budget estimate, in addition to preparing the budget estimate to ensure the regular operations of the agency in accordance with current regulations, based on the requirements of legal aid work, state legal aid agencies must clearly explain the contents of special business expenses for legal aid activities. The operating funds of the Legal Aid Center include the operating funds of its branches and legal aid clubs; State When allocating budget estimates to state legal aid agencies, competent authorities need to specifically allocate regular operating funds and special business expenses for legal aid activities;

3.2. Management and settlement of operating funds of state legal aid agencies shall be implemented in accordance with current regulations;

This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular Jointly Issued No. 21/2002/TTLT/BNV-BTC-BTP dated December 26, 2002, jointly issued by the Ministries of Home Affairs, Finance, and Justice guiding the allowance system for associates performing legal aid, and replaces Section IV of Circular Jointly Issued No. 52/1998/TTLT/TP-TC-TCCP-LĐTBXH dated January 14, 1998, jointly issued by the Ministry of Justice, Ministry of Finance, the Government Civil Service Organization Department (now the Ministry of Home Affairs), and the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decision No. 734/1997/QĐ-TTg dated September 6, 1997, of the Prime Minister on the establishment of legal aid organizations for the poor and policy beneficiaries;

III. IMPLEMENTATION

During the implementation process, if there are difficulties or obstacles arising, it is recommended that localities reflect them to the Ministry of Finance and the Ministry of Justice for study, amendment, and supplementation to make them appropriate./.

During the implementation process, if difficulties or obstacles arise, it is recommended that localities report to the Ministry of Finance and the Ministry of Justice for study, amendment, and supplementation to ensure appropriateness./.