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MINISTRY
OF JUSTICE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
19/2011/TT-BTP
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Hanoi, October 31, 2011
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CIRCULAR
ON AMENDMENT AND SUPPLEMENT OF A NUMBER OF PROVISIONS ON
ADMINISTRATIVE PROCEDURES OF CIRCULAR NO.05/2008/TT-BTP DATED 23/9/ 2008, CIRCULAR
NO.03/2008/TT-BTP DATED 25/8/2008 AND CIRCULAR
NO.01/2010/TT-BTP DATED 09/02/2010 OF THE
MINISTRY OF JUSTICE
Pursuant to the Decree No.93/2008/ND-CP
of August 22, 2008 of the Government regulating functions, tasks, powers and
organizational structure of the Ministry of Justice;
In implementing the Government’s
Resolution No.52/NQ-CP dated December 10, 2010 on the simplification of administrative
procedures under the management function scope of the Ministry of Justice,
Ministry of Justice amends and supplements a number of provisions on
administrative procedures of the Circular No.05/2008/TT-BTP,
Circular No.03/2008/TT-BTP and Circular
No.01/2010/TT-BTP dated 9/2/2010 as
follows:
Article 1. To amend and
supplement some provisions of Circular No.05/2008/TT-BTP dated 23/9/2008 of the
Ministry of Justice guiding on the operation of legal aid and state management
on legal aid
1. Clause
1, Clause 2, Section I, Part A is amended and supplemented as follows:
"1. Inspection of the requests of legal aid
Upon
a request of legal aid, the legal aid beneficiary must submit 01 set of dossier
to the legal aid providing organization. The dossier
shall include: an application for legal aid, proof to demonstrate that the requester
is subject to legal aid and other papers and documents relevant to the case (if
any).
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The
case requesting for legal aid shall be processed only when meeting all the
following conditions:
a) The
requesters of legal aid (hereinafter referred to as the requester) who are subject
to legal aid provided in Article 10 of the Law on Legal Aid and detailed in
Article 2 of Decree No.07/2007/ND-CP dated 12/01/2007 of the
Government detailing and guiding the implementation of a number of Articles of
the Law on Legal Aid (hereinafter referred to as Decree No.07/2007/ND-CP) or
victims of sale in accordance with the provisions of law on the prevention,
combat of human trafficking.
b) The
content of legal aid cases is in accordance with the provisions of Article 5 of
the Law on Legal Aid;
c) The
legal aid case is under the scope of legal aid provided in Article 26 of the
Law on Legal Aid;
d) The
legal aid case is not subject to the refusal as prescribed in Clause 1 of
Article 45 of the Law on Legal Aid.
Persons,
who directly assume the case for settlement must record it into the tracking
book, summarize legal aid cases and conduct legal aid works or submit to leader
of legal aid providing organization for assigning the legal aid conductor
(legal assistant, legal aid freelancer or lawyers, legal advisor). Tracking book
for summarizing legal aid cases is made according to Form No.01-TP-TGPL issued
together with Circular No.05/2008/TT-BTP.
In
cases the requesters who are lack of documents to prove that they are subject
to legal aid or papers, documents related to legal aid cases, the recipients
shall guide them to provide additional related papers and documents to be assumed
for settlement. After receiving all additional papers, documents or
having eligible verification, the procedures of assuming case shall be made. In the
case of emergency, force majeure by which the requesters could not provide
sufficient documentation or the legal aid cases were about to be expired or having
other reasons required to assume immediately for settlement to prevent damage
to the rights and the legitimate interests of legal aids beneficiaries,
the recipients shall assume the cases and guide the requesters to provide
additionally necessary documentation.
The
recipients of legal aid request are responsible for copying 01 set of documents
from the original one or receiving the copied dossier as proof that requesters are
subject to legal aid for keeping together with the legal aid case’s profile for inspection,
comparison when needed. In the case of objective reasons that the recipient cannot
copy from the originals, they shall record the number, date, the agency of issuance
in the lower part of the application and request the requester to provide
copied documents later.
In
case of refusal, the recipients must reply in writing and state clearly the
reasons of refusal to the requesters. If the case is of one of the cases of refusal or of
discontinuation as prescribed in Article 45 of the Law on Legal Aid, the
recipients shall clearly state the reason in writing
to the requesters. Notification of refusal or discontinuation to make legal
aid is made according to the Form No.20-TP-TGPL issued together with Circular
No.05/2008/TT-BTP.
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Legal
aid providing organizations distribute free applications form to the requesters
(the Form of legal aid application is provided in the Appendix attached to this
Circular) or the requesters self-write the legal aid application with their signatures or
fingerprints. In cases where the requesters could not be present and
send their representatives or guardians instead, the representatives, guardians
shall sign or fingerprint into the application, except the case that the
requesters and the representatives, guardians have a conflict of rights and legitimate
interests.
a) In
cases the requesters have not written the application, the recipients shall guide
them to complete and sign the form. If they cannot self-write the application, the recipients
are responsible for filling the required information into the form, letting
them read or re-reading for them to listen and requesting them to sign or
fingerprint into the application.
b)
In case the beneficiaries request their relatives (grandparents, parents,
spouses, adult children, and adult natural siblings) or authorize others to apply
the application, in addition to the eligible
proof of requester of subject to legal aid,
the institutes must present their identity cards or written authorizations signed
by the requesters. The institutes inscribe their names, identity cards,
residence addresses and sign to the tracking book for summarizing legal aid
cases.
c)
The application is applied directly at the office or work location of the legal
aid providing organization, or applied directly to the person who conduct the legal
aid cases (in case the legal aid is settled outside the office) or sent to the
legal aid providing organization through the mail or by other means."
2. To supplement clause 6 in Section II, Part A on legal aid professional
guidance as follows:
"6. Procedures
for changing the legal aid conductor
In
cases the legal aid requesters request to change the legal aid conductors because
there are sufficient evidence to prove the legal aid conductors violate the regulations
of law on legal aid, or of one of the cases mentioned in Clause 2 of Article 45
of the Law on Legal Aid, or it is required to change according to the Law on proceedings,
the legal aid beneficiaries shall submit an application (clearly stating the
reasons, evidence on proposing change of legal aid conductor)
and other papers and documents which are related to the request for changes (if
any) or come directly to the legal aid providing organization that their legal
aid cases are assumed to present the claims. This legal
aid providing organization must clearly state the request for changing legal aid
conductors to have their signatures or fingerprints.
In
case of change of legal aid conductor, within a period of not more than 03 days
from the day of receiving complete valid dossiers of request for change of
legal aid conductor, The Director of Center, Head of Branch issues a decision
to change the legal aid conductor and appoint qualified person to continue the
legal aid cases with quality. The
decision to change the legal aid conductor
must be sent to the legal aid beneficiaries and related agencies, organizations
for their record and information."
3. To annul
Clause 3, Section II, Part A on professional guidance of legal aid.
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"4.
Certification of fingerprint
Under
the provisions of Decree No.79/2007/ND-CP, the individuals may request the
competent authorities to authenticate their signatures in the papers or
documents. When the authentication requesters cannot sign due to their
disability or do not know to sign, the signature authentication is replaced by
fingerprint authentication.
When pressing their fingerprints,
the authentication requesters use their right forefingers; if they are unable
to do so, they shall use their left forefinger; when it is impossible to press
their fingerprint by such two fingers, they
may use other fingers provided that it must clearly state the fingerprint is
used a certain finger of a certain hand.
The
authentication of fingerprint is not allowed to conduct for the papers and
documents in foreign languages."
Article 3. To amend and
supplement some provisions of Circular No.01/2010/TT-BTP dated 9/02/2010 of the
Ministry of Justice detailing and guiding the implementation of a number of Articles
of Decree No.77/2008/ND-CP
1. Clause 3
of Article 5 is amended and supplemented as follows:
"3. The
dossier of the person who apply for granting legal consultant card includes the
following papers:
a) An
application for a legal consultant card;
b)
Copy of Diploma of bachelor of Laws;
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2.
To annul clause 5 of Article 5 of the registration for operation of legal
consultancy centers.
3. Clause 2,
Clause 3 Article 6 are amended and supplemented as follows:
"2. The
dossier registering for operation of the branches of legal consultancy centers mentioned
in Clause 5 of Article 14 of Decree No.77/2008/ND-CP includes 01 set of the
following papers:
a)
An application for operation registration (Form TP-TVPL-02 regulated in Circular No.01/2010/TT-BTP);
b)
A certified copy of operation registration certificate of the legal consultancy
center establishing branch in case of submitting dossier via the postal system,
or a copy of the operation registration certificate of the legal consultancy
center establishing branch and the original for comparison in
case of direct submission;
c)
The decision of the governing organization on the establishment of branch;
d)
A certified copy of the lawyer's card or legal consultant card of the expected
branch Head in case of submitting dossier via the postal system, or a copy of
the lawyer's card or legal consultant card of the expected branch Head and the
original for comparison in case of direct submission;
3. Within 05
working days after receiving complete and valid dossiers, the Department of
Justice where the branch headquarter is located, shall be responsible for granting
operation registration certificate to the branch; in case of refusal, the Department
must issue written reply stating clearly the reasons
in writing to the applicants.
The operation registration certificate of branch is made in 02 copies; one granted
to the branch, one kept at the Department of Justice. "
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This
Circular takes effect as from December 14, 2011.
Heads
of units of the Ministry, Directors of the Departments of Justice and other related
agencies, organizations and individuals shall be responsible for the implementation
of this Circular.
During
its execution, if any problems arise, agencies, organizations, and individuals
should promptly report them to the Ministry of Justice for study and
settlement. /.
ON
BEHALF OF THE MINISTER
DEPUTY MINISTER
Pham Quy Ty
APPENDIX
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(Issued
together with Circular No.19/2011/TT-BTP dated 31/10/2011of the
Ministry of Justice)
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------------------------
………,
date….month….20…..
APPLICATION
FOR LEGAL AID
To:
………………..(1)……………….
Full name: ……………………………………(2 or
2a)............................................
Date of birth:…………………………………….Sex:...........................
Contact address:
...................................................................................................
Telephone:
.........................................................................................................
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…………………………………………………. Nation: ............................................
Representative of legal aid
beneficiary:
...................................................................
Contents requesting for legal
aid case:
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
Attached documents:
..........................................................................................................................
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..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
Note:
..........................................................................................................................
I declare the above statements are true. I request .... (1) .... consider of legal aid
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Remark:
(1): Name of legal aid providing
organization
(2): Name of legal aid
beneficiary
(2a): Name of representative, guardian
for the legal aid beneficiary.