Decision No. 84/2008/QD-TTg On the establishment of the Vietnam Legal Aid Fund

Pursuant to …;

Regarding the establishment of the Vietnam Legal Aid Fund

 ______________________

PRIME MINISTER

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

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

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

Considering the proposal of the Minister of Justice.

DECISION:

Article 1. Establishment

Establish the Vietnam Legal Aid Fund to support improving the quality of legal aid activities; provide equipment and working tools for organizations implementing legal aid in provinces that require central government budget support, those facing sudden difficulties, and other special cases.

Vietnamese name: Vietnam Legal Aid Fund.

English trading name: Vietnam Legal Aid Fund (VLAF).

The headquarters of the Vietnam Legal Aid Fund is located in Hanoi city.

Article 2. Legal Status of the Fund

1. The Vietnam Legal Aid Fund (hereinafter referred to as the Fund) is a state financial organization; operates without profit-making objectives; is exempt from taxes according to current laws. The Ministry of Justice manages the activities of the Fund.

2. The Fund has legal personality, its own seal and separate accounts. The Fund opens accounts at the State Treasury and at banks permitted to operate in Vietnam.

Article 3. Principles of Fund Operation

1. The Fund raises contributions from agencies, organizations, and individuals both within and outside the country in accordance with the provisions of the law.

2. The Fund operates with income and expenditure in accordance with its purpose and legal regulations. The Fund maintains a separate accounting system and implements income and expenditure in compliance with the legal regulations on finance and accounting.

3. The support content from the Fund does not overlap with the expenditure content from the annual state budget, from national target programs, project cooperation funding sources, and other sources for legal aid work.

Article 4. Financial Sources of the Fund

1. The Fund is formed from the following sources: voluntary contributions, sponsorships from agencies, organizations, and individuals both within and outside the country, state budget support, and other lawful sources.

2. Annually, the Ministry of Justice develops the operation plan of the Fund; prepares the budget estimate for funds under the state budget serving the Fund's operations and consolidates it into the Ministry of Justice's budget estimate for submission to the competent authority for decision.

3. In case new tasks arise unexpectedly and the Fund's resources cannot ensure them, state budget support must be provided. The Ministry of Justice then requests the Ministry of Finance to consider and supplement the budget according to the State Budget Law.

4. The remaining budget funds of the Fund from the previous year are carried over to the next year for continued use.

Article 5. Scope of Support Provided by the Fund

1. Support to improve the quality of legal aid activity operations.

2. Support for purchasing equipment and working tools to meet the needs of the National Legal Aid Center, Branches of the Center, and organizations participating in legal aid in provinces requiring central government budget support and localities facing sudden difficulties.

3. Support for certain special cases, including: support for legal aid activities according to the contents committed by sponsors or Projects in accordance with the Legal Aid Law; support for compensation for legal aid and other special cases as stipulated by the Minister of Justice.

Article 6. Encouragement for Building the Fund

1. The Government encourages agencies, organizations, and individuals both within and outside the country to contribute, build, and support the Fund through cash, in-kind donations, or other forms of assistance suitable for the nature and legal aid activities in Vietnam.

2. The Fund maintains a Book of Honor and other appropriate awards to recognize the contributions of agencies, organizations, and individuals in participating in building and developing the Fund.

Article 7. Responsibilities for managing and operating the Fund

1. The Ministry of Justice shall issue the Regulations on the organization and operation of the Fund after reaching consensus with the Ministry of Finance and shall be responsible to the Government for all activities of the Fund.

2. The Ministry of Finance shall implement state management over financial matters concerning the operations of this Fund.

Article 8. Implementation organization

1. The Vietnam Legal Aid Fund established pursuant to this Decision succeeds to all rights and obligations of the Vietnam Legal Aid Fund established pursuant to Decision No. 257/2002/QĐ-BTP dated July 10, 2002 of the Minister of Justice.

2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for enforcing this Decision./.