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THE
MINISTRY OF JUSTICE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
258/2002/QD-BTP
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Hanoi,
July 10, 2002
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DECISION
ISSUING
THE REGULATION ON ORGANIZATION AND OPERATION OF VIETNAM LEGAL AID FUND
THE MINISTER OF JUSTICE
Pursuant to the Government’s
Decree No. 38/CP of June 4, 1993 on the functions, tasks, powers and
organizational structure of the Ministry of Justice;
Pursuant to the Prime Minister’s Decision No.734/TTg of September 6, 1997 on
the establishment of organizations providing legal assistance for the poor and
social policy beneficiaries;
Pursuant to the Government Office’s Official Dispatch No.5856/VPCP-PC of
November 30, 2001 notifying the Prime Minister’s opinions on the setting up of a
legal aid fund;
Proceeding from opinions of the Finance Ministry (Official Dispatch
No.3142/BTC-CSTC of April 2, 2002) and the Government Commission for
Organization and Personnel (Official Dispatch No.89/BTCCBCP-TCCB of March 22,
2002) on the promulgation of legal documents on Vietnam Legal Aid Fund;
At the proposals of the directors of the Legal Aid Department and Department
for Organization, Personnel and Training,
DECIDES:
Article 1.-
To issue together with this Decision the Regulation on organization and
operation of Vietnam Legal Aid Fund.
Article 2.-
This Decision takes effect as from July 26, 2002.
The director of the Legal Aid
Department and the heads of the units attached to the Ministry shall have to
implement this Decision.
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MINISTER OF JUSTICE
Nguyen Dinh Loc
REGULATION
ON
ORGANIZATION AND OPERATION OF VIETNAM LEGAL AID FUND
(Issued together with the Justice Minister’s Decision No.258/2002/QD-BTP of
July 10, 2002)
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of application of the Regulation
This Regulation prescribes the
organization and operation of Vietnam Legal Aid Fund.
Article 2.-
The Fund’s objectives
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The Fund is set up to provide
financial support for free-of-charge legal aid activities for the poor and
preferential policy beneficiaries throughout the country according to the
provisions of this Regulation.
Article 3.-
The Fund’s operation and financial management principles
1. The Fund shall operate under
the direction of the director of the Legal Aid Department.
2. The Fund is entitled to the
annual State budget allocations according to estimates approved by the competent
authority; receive financial supports, contributions and donations from
agencies, organizations and individuals at home and abroad; and to tap all
financial capabilities for the creation of its funding sources under law
provisions.
3. The Fund shall operate for
non-profit purposes, provide non-refundable aids and be exempt from the
law-prescribed taxes on contributions to it.
4. All the Fund’s financial
revenue- and expenditure- related activities must comply with law provisions,
be independent from and not overlap funding sources allocated by the State
budget for administrative and non-business activities of the Legal Aid
Department.
5. The Fund shall have to manage
and use its financial sources according to the provisions of this Regulation
and relevant law provisions.
6. The Fund shall not receive
financial sources requested to be used in contravention of its objectives.
Article 4.-
Inspection and monitoring of the Fund’s operations
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Article 5.-
Encouragement and creation of conditions for development of the Fund
The State agencies and
organizations shall, within the ambit of their functions, tasks and powers,
create conditions for and actively support the Fund in all aspects, in order to
contribute to the free-of-charge provision of legal aid to the poor and
preferential policy beneficiaries in strict accordance with the Party’s
undertakings and State’s laws.
The Vietnamese State encourages
agencies, organizations and individuals inside and outside the country to make
contributions and provide support in cash, kind or others to Vietnam Legal Aid
Fund.
Chapter II
OPERATIONS OF THE FUND
Article 6.-
Sources for the creation of the Fund
1. The State budget’s annual
allocations according to the estimates approved by the competent authority;
2. The financial aid,
contributions in cash or kind from agencies, organizations and individuals at
home and abroad;
3. Other lawful revenue sources.
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1. The expenditures in support
of the expansion of legal aid activities throughout the country, including:
a/ The work of communication,
publication of documents, books, legal leaflets and other law publications in
service of legal aid activities;
b/ The organization of training
and fostering courses to raise the professional qualifications, skills and
ethics of employees and collaborators engaged in legal aid activities.
c/ Researches, surveys, seminars
and symposiums for experience exchange in direct service of the legal aid task;
d/ The payment of remuneration
to lawyers and legal aid collaborators; working trip allowances and fares to
people directly performing the legal aid task;
e/ The equipment of working
facilities and other material conditions in service of legal aid activities;
f/ The support of legal aid
beneficiaries who suffer damage caused by mistakes in legal aid activities;
g/ Other expenses related to
legal aid activities, which shall be made in accordance with law provisions.
2. The expenditures on the Fund
management and development with the following contents:
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b/ The expenditure on payment of
allowances to a number of part-time personnel, and extra-work allowances to
officials and employees of the Legal Aid Department, who are arranged to work
part time for the Fund;
c/ The expenditure on rewards to
agencies, organizations and individuals that record outstanding achievements in
the Fund building and development;
d/ The expenditure on the Fund
expansion and development activities;
e/ The other expenditures related
to the management of the Fund.
All expenditures mentioned in
this Article must strictly comply with the State’s current regime and not
overlap the State budget’s expenditures for operations of the Legal Aid
Department.
Article 8.-
Procedures for the Fund to provide financial supports
1. For the Fund’s financial
supports from the source of State budget allocations and other financial
sources without authorization or agreement on support objectives and reception
address, the support shall be provided according to the following procedures:
a/ Bases for consideration of
the Fund’s financial support:
Proposals of organizations
and/or individuals engaged in activities compatible with the Fund’s aid
objectives;
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b/ Order of approving the Fund’s
financial support:
The Fund’s director shall assist
the director of the Legal Aid Department in appraising the support proposals so
that the latter may approve them according to his/her competence or submit them
to the Justice Minister for approval.
Basing him/herself on the approved
support contents, the Fund’s director shall have to organize the implementation
thereof according to the provisions of this Regulation and other relevant law
provisions.
2. Regarding the already agreed
financial support, the Fund shall have to strictly comply with the
authorization or support objectives already agreed upon with supporting
agencies, organizations and/or individuals at home and abroad, as well as with
its operation objectives and Vietnamese law.
Article 9.-
The Fund’s financial work
The Fund shall submit to the
State management over its financial work as follows:
1. It shall open books to
monitor and account all revenues and expenditures from funding sources
allocated by the State budget, the financial supports, contributions and
donations of agencies, organizations and individuals inside and outside the
country, and its expenditures prescribed in this Regulation. The Fund shall
effect financial publicity according to the provisions of law;
2. It shall comply with the
financial and book- keeping regimes and organize its accounting apparatus
according to the stipulations of the Finance Ministry, submit to the periodical
and extraordinary financial and other inspection and examinations, which fall
under the jurisdiction of the finance agency;
3. It shall send the financial
and accounting reports on the use of its financial sources to the competent
agencies according to current regulations.
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1. The Fund is allowed to
maintain relations with domestic and foreign agencies, organizations and
individuals in order to receive financial aids and supports according to
current law provisions.
2. The Fund shall submit to
supervision by domestic and foreign agencies, organizations and individuals
that have directly provided it with supports within the scope of relevant
activities as defined and recognized in the concluded documents.
3. The Fund shall conduct the
prescribed inspection of organizations and individuals regarding the latter’s
use of its financial supports.
Chapter III
ORGANIZATION OF THE FUND
Article 11.-
Organizational apparatus
The Fund’s organizational apparatus
is composed of the director, the deputy directors and the assisting section.
The Minister of Justice shall
appoint the director and deputy directors of the Fund while the director of the
Legal Aid Department shall arrange the assisting section, which shall comprise
one full-time accountant and some part-time personnel on the payroll of the
Legal Aid Department.
Article 12.-
Tasks and powers of the Fund’s director
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1. To work out the Fund’s
long-term and annual programs and plans of action, which shall be submitted by
the director of the Legal Aid Department to the Justice Minister for approval;
and organize the implementation of the approved programs and plans;
2. To organize the performance
of the Fund’s tasks according to the provisions of this Regulation;
3. To represent the Fund in its
relations with agencies, organizations and individuals at home and abroad when
handling matters related to the Fund’s activities;
4. To manage the Fund’s finance
and material foundations according to the current provisions on financial
management and this Regulation;
5. To report biannually and
annually on the Fund’s operation and financial results to the director of the
Legal Aid Department so that the latter report them to the competent agencies.
Article 13.-
Tasks and powers of the Fund’s deputy directors
The Fund’s deputy directors
shall assist the director in performing a number of tasks assigned by the
director and shall be answerable to the latter for the results of performance
of those tasks.
When authorized by the Fund’s
director to handle the Fund’s matters, the Fund’s deputy directors shall be
held responsible for and report to the Fund’s director on the results of
performance of the authorized tasks.
Chapter IV
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Article 14.-
Commendation
Agencies, organizations and
individuals that record outstanding achievements in participation in the
Fund-supported legal aid activities or in the Fund building and development
shall be considered for commendation and/or reward according to general law
provisions.
Apart from the forms of
commendation defined in Paragraph 1 of this Article, the Fund shall have an
honorable golden book and other appropriate forms to acknowledge agencies’,
organizations’ and individuals’ efforts and contributions to the building of
the Fund and creating conditions for it to develop and operate efficiently.
Article 15.-
Handling of violations
1. All acts of breaching the
provisions of this Regulation shall be handled according to law provisions,
more concretely:
a/ Officials and employees who
commit acts of breaching the provisions of this Regulation shall be handled
according to the provisions of the Ordinance on Public Employees and documents
guiding the implementation thereof;
b/ Individuals and units that
violate the legislation on administration in the management and use of the Fund
shall be administratively handled according to current law provisions;
c/ In cases where material
damage is caused to the Fund, compensation therefor must be made according to
current law provisions. All money and property disputes related to the Fund
shall be settled according to the provisions of the civil legislation and
relevant law provisions;
d/ Cases of seriously violating
the provisions on the Fund management and use, causing the Fund’s property or
monetary damage, embezzlement or committing other acts with signs of criminal
offenses shall be examined for penal liabilities under law provisions.
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Article 16.-
Complaints and denunciations
1. All agencies, organizations
and individuals have the right to complain about or denounce acts of
embezzlement or abusing ones’ ranks, powers, working positions or the name of
the Fund or other acts violating the provisions of this Regulation according to
the provisions of the legislation on complaints and denunciations.
2. The settlement of complaints
and denunciations about acts of violation regarding the Fund’s organization,
operation, management and use shall comply with the provisions of the
legislation on complaints and denunciations.
Article 17.-
Amendment and supplementation
In the course of implementing
this Regulation, if any problems or matters arise, the Legal Aid Department
shall have to propose amendments and/or supplements to make it compatible with
the practical situation and current law provisions.
MINISTER OF JUSTICE
Nguyen Dinh Loc