Thông tư 03/2021/TT-BTP sửa đổi Thông tư 08/2017/TT-BTP hướng dẫn Luật Trợ giúp pháp lý

• Số hiệu: 03/2021/TT-BTP
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Tư pháp
• Người ký: Lê Thành Long
• Ngày ban hành: 25/05/2021

MINISTRY OF JUSTICE --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 03/2021/TT-BTP	Hanoi, May 25, 2021

CIRCULAR

AMENDING CIRCULAR NO. 08/2017/TT-BTP DATED NOVEMBER 15, 2017 BY MINISTER OF JUSTICE ELABORATING LAW ON LEGAL AID AND PROVIDING GUIDANCE ON LEGAL AID DOCUMENTS; CIRCULAR NO. 12/2018/TT-BTP DATED AUGUST 28, 2018 BY MINISTER OF JUSTICE PROVIDING GUIDANCE ON SOME LEGAL AID OPERATIONS AND CONTROL OF LEGAL AID CASE QUALITY

Pursuant to the Law on Legal Aid dated June 20, 2017;

Pursuant to the Government’s Decree No.96/2017/ND-CP dated August 16, 2017 on functions, duties, powers and organizational structure of the Ministry of Justice;  

At the request of Director of Legal Aid Department;

The Minister of Justice hereby promulgates a Circular amending Circular No. 08/2017/TT-BTP dated November 15, 2017 by Minister of Justice elaborating Law on Legal Aid and providing guidance on legal aid documents; Circular No. 12/2018/TT-BTP dated August 28, 2018 by Minister of Justice providing guidance on some legal aid operations and control of legal aid case quality.

Article 1. Amendment to Circular No. 08/2017/TT-BTP dated November 15, 2017 by Minister of Justice elaborating Law on Legal Aid and providing guidance on legal aid documents

1. Clause 2 Article 4 is amended as follows:

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a) Formulate a lawyer selection announcement;

b) Assess lawyer selection applications and take responsibility for assessment and selection results”.

2. Point d Clause 1 Article 5 is amended as follows:

“1. A lawyer selection announcement shall include:

d) Submission location and deadline. The submission deadline shall be specified in the announcement and last for at least 20 days but no more than 30 days starting from the date on which the announcement is posted”.

3. Clause 1 and Clause 3 Article 6 are amended as follows:

“1. A lawyer selection application includes:

a) Application for legal aid contracting, which shall specify that the applicant meets the requirements in Clause 3 Article 14 of the Law on Legal Aid and introduce the applicant's work experience and experience in legal proceeding cases and legal aid (if any);

b) Copy of lawyer card;

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3. The applicant shall submit one application directly or by post or via email to the Center. If the application is submitted directly, the submission date shall be the date written in the confirmation slip. If the application is submitted by post, the submission date shall be determined based on the date on the postmark. If the application is submitted via email, the submission time shall be the arrival time of the email. If the email arrives outside of working hours, the submission time shall be the start of the following working hour”.

4. Clause 1 and Clause 4 Article 7 are amended as follows:

 “1. Within 10 days after the submission deadline, the lawyer assessment team must finish assessing. Where necessary, this time limit may be extended for no more than 03 working days.

4. The Center shall notify selection results to applicants. Applicants with a final score of 50 or higher shall be selected in descending order until sufficient lawyers are chosen. Within 10 days after the date of result receipt, successful applicants shall sign a contract with the Center, unless they have a legitimate reason for postponing the signing for no more than 15 days after the date of result receipt. If a successful applicant fails to sign a contract with the Center within the abovementioned time limit, the Center shall notify that it will sign a contract with the applicant having the immediately lower score (if any). If an applicant submits their application by email, when signing the contract with the Center, they shall submit the complete application according to regulations in Clause 1 Article 6 herein".

5. Article 8 is amended as follows:

“Article 8. Contracting legal aid collaborators

Within 30 days after the card issuance date, legal aid collaborators shall visit the Center to sign a legal aid contract, unless the collaborators have a legitimate reason for postponing the signing for no more than 35 days after the card issuance date”.

6. Clause 1 and Clause 3 Article 12 are amended as follows:

“1. An organization selection application includes:

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b) Copy of operation registration certificate;

c) Other documents according to the organization selection announcement (if any).

3. The applicant shall submit one application directly or by post or via email to the Department of Justice. If the application is submitted directly, the submission date shall be the date written in the confirmation slip. If the application is submitted by post, the submission date shall be determined based on the date on the postmark. If the application is submitted via email, the submission time shall be the arrival time of the email. If the email arrives outside of working hours, the submission time shall be the start of the following working hour”.

7. Clause 2 Article 13 is amended as follows:

 “2. The Department of Justice shall notify selection results to applicants. Applicants with a final score of 50 or higher shall be selected in descending order until sufficient organizations are chosen. Within 10 days after the date of result receipt, successful applicants shall sign a contract with the Department of Justice, unless they have a legitimate reason for postponing the signing for no more than 15 days after the date of result receipt. If a successful applicant fails to sign a contract with the Center within the abovementioned time limit, the Center shall notify that it will sign a contract with the applicant having the immediately lower score (if any). If an applicant submits its application by email, when signing the contract with the Department of Justice, it shall submit the complete application according to regulations in Clause 1 Article 12 herein".

8. Clause 2 Article 16 is annulled.

9. Clause 3 Article 16 is changed into Clause 2 as follows:

 “2. Organizations and individuals shall participate in legal aid cases according to regulations of law on legal aid and contents of their contracts; and ensure quality of legal aid cases as per the law and their contracts”.

10. Clause 2 and Clause 3 Article 17 are amended as follows:

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3. Upon termination of legal aid contracts according to regulations in Clause 1 herein, individuals shall transfer dossiers of on-going cases to the Center. The Center shall assign persons to continue those cases”.

11. Article 25a is added after Article 25 as follows:

 “Article 25a. Change of apprentice mentors

1. Apprentices have the right submit a written request for change of mentor to the head of the Center in any of the following cases:

a) The mentor commits a violation against a regulation in Clause 2 or Clause 3 Article 7 of the rules for legal aid operations enclosed with Circular No. 03/2020/TT-BTP;

b) The mentor transfers to another workplace, resigns, is forced to resign, is deceased or can no longer mentor the apprentice due to their health condition or another reason.

2. Within 07 working days from the date of receipt of a request for change of mentor, the head of the Center shall consider the request and make a decision”.

12. Point a Clause 3 Article 29 is amended as follows:

 “3. Assessment forms include written assessments and practical assessments.

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13. Point e is added after Point dd Clause 1 Article 33 as follows:

 “1. Documentary evidence of being a person with meritorious service to a revolution may be any of the following documents:

e) Medals of “For Merit to the Fatherland” awarded to revolution supporters, certificates of revolution participation awarded before January 01, 1945, certificates of revolution participation awarded from January 01, 1945 to the date of the 1945 August Revolution and Victory Medals”.

14. Clause 16 and Clause 17 of Article 34 are annulled.

Article 2. Amendment to Circular No. 12/2018/TT-BTP dated August 28, 2018 by Minister of Justice providing guidance on some legal aid operations and control of legal aid case quality

1. Point c Clause 4 Article 4 is amended as follows:

“4. Legal aid workers may be exempt from compulsory annual knowledge and skill training in any of the following cases:

c) The worker is on maternity leave; the worker is a mother with a child under 12 months old, or the worker falls under any of the cases mentioned in Clause 4 or Clause 6 Article 34 of the Law on Social Insurance”.

2. Article 8a is added after Article 8 as follows:

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The Center shall participate in legal aid cases at the request of Legal Aid Department if those cases are not dependent on the places of residence of the legal aid recipients or locations where those cases take place.

In this case, legal aid cases shall be received according to regulations in Article 30 of the Law on Legal Aid”.

3. Article 11a is added after Article 11 as follows:

 “Article 11a. Management, update and use of electronic dossiers on legal aid cases and data on legal aid organizations and workers on system for management of legal aid organization and operations

1. Legal Aid Department shall:

a) Manage, provide guidance on, use and inspect electronic dossiers on legal aid cases and data on legal aid organizations and workers nationwide;

b) Manage, provide and revoke accounts on the system for management of legal aid organization and operations within its competence;

c) Produce periodic reports and statistics within the time limits mentioned in the Circular by the Minister of Justice on statistical operations in the judicial sector and this Circular on the system for management of legal aid organization and operations.

2. Departments of Justice shall promptly update accurate and sufficient data on the organizational structure and personnel of legal aid organizations; manage, use and keep data on the system for management of legal aid organization and operations confidential within their competence; and adhere to regulations in Points b and c Clause 1 of this Article.

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4. Legal aid organizations shall manage, update, use and keep electronic dossiers on legal aid cases confidential and take responsibility for the accuracy and adequacy of data that they update.

5. Legal aid workers shall:

a) Manage, update, use and keep electronic dossiers on legal aid cases confidential and take responsibility for the accuracy and adequacy of data that they update;

b) Hand their accounts over to legal aid organizations in case they no longer have the right or responsibility for updating, managing and using data on the system for management of legal aid organization and operations.”

4. Article 12 is amended as follows:

“Article 12. Assessment of time used to carry out legal aid cases

1. Heads of Departments of Justice, head of the Center or heads of branches (if authorized) shall assign persons to assess soundness in terms of time and completed work to provide remunerations and allowances for carrying out legal aid cases as per regulations.

2. Persons assigned for assessment shall make assessments based on case dossiers".

5. Article 12a is added after Article 12 as follows:

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Legal Aid Department shall take charge of managing, issuing and reissuing blank legal aid worker cards and blank legal aid collaborator cards throughout the country.

Within 07 working days from the date of receipt of a valid application from the Department of Justice or the Center for issuance or reissuance of a blank legal aid worker card or blank legal aid collaborator card, Legal Aid Department shall issue or reissue the blank legal aid worker card or blank legal aid collaborator card”.

6. Clause 12 Article 13 on biannual and annual reporting on legal aid is amended (Form No. 12-TP-TGPL).

7. Clause 13 is added after Clause 12 Article 13 as follows:

 “13. Letter of introduction for legal aid (Form No. 13-TP-TGPL)”.

8. The title of Chapter III is changed into “CONTROL OF LEGAL AID CASE QUALITY AND EFFICIENCY”

9. Article 14 is amended as follows:

“Article 14. Responsibility for assessment of legal aid case quality and efficiency

1. Legal aid organizations shall organize assessment of quality of legal aid cases; and assessment of efficiency of legal aid cases involving legal proceedings participation (hereinafter referred to as “legal proceedings cases”) to determine which legal proceedings cases are successful. These assessments shall be carried out by legal aid workers affiliated to legal aid organizations to produce solutions for improvement of legal aid case quality and efficiency. Case quality shall be assessed based on actual requirements and criteria mentioned in Article 16 herein. Whether a legal proceedings case may be regarded as successful shall be determined based on criteria provided for by the Ministry of Justice. Results of assessment of legal aid case quality and determination of successful legal proceedings cases shall be presented in writing and recorded into legal aid case dossiers.

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a) Programs and plans for assessment of legal aid case quality and efficiency;

b) Cases the quality or efficiency of which has been assessed by the legal aid organization and which have been reported to the Department of Justice as they are deemed unqualified or inefficient;

c) Other cases supporting state management of legal aid in their provinces.

3. Legal Aid Department - Ministry of Justice shall assist the Minister of Justice with managing and organizing assessment of legal proceedings case quality, quality of extrajudicial representation cases and efficiency of legal proceedings cases of legal aid organizations across the country to determine which legal proceedings cases are successful. Case quality and efficiency shall be assessed according to one of the following bases:

a) Programs and plans for assessment of legal aid case quality and efficiency;

b) Monitoring and inspection of assessment of legal aid case quality and efficiency of localities;

c) Other cases supporting state management and specialized management of legal aid.

10. Clause 3 is added after Clause 2 Article 15 as follows:

“Article 15. Assessment of legal aid case quality and efficiency

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11. Article 16 is amended as follows:

“Article 16. Criteria for assessment of legal aid case quality

Legal aid case quality shall be assessed based on the following criteria and score structure:

1. Criteria for professional responsibility of legal aid workers (30 points)

a) Legal compliance, honesty and respect for the truth (10 points);

b) Timely provision of explanations, instructions and information on the case to the legal aid recipient (10 points);

c) Ensuring case handling schedule (10 points).

2. Criteria for legal aid provision (60 points)

a) Provision of legal aid in accordance with legal aid request and assigned scope (05 points);

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c) Research on and adequate implementation of relevant law provisions to ensure that legal aid content is in compliance with the law (20 points);

d) Participation in legal proceedings or extrajudicial representation to promptly provide solutions for protecting legitimate rights and interest of the legal aid recipient (20 points);

dd) Full description of legal aid provision process in the case dossier (05 points).

3. Criterion for satisfaction of the legal aid recipient, which is based on feedback from the legal aid recipient or family thereof (10 points).”

12. Article 17a is added after Article 17 as follows:

 “Article 17a. Responsibility for legal aid introduction of the district-level justice authority and commune-level People’s Committee

During performance of citizen-related tasks, the district-level justice authority and commune-level People’s Committee shall explain the right to legal aid and introduce citizens to the Center. The commune-level People’s Committee shall introduce eligible legal aid recipients being accused persons, aggrieved persons and litigants of legal proceedings cases and residing in their communes using form No. 13 enclosed therewith".

Article 3. Effect

This Circular comes into force from July 15, 2021.

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1. Director of Legal Aid Department, heads of entities affiliated to the Ministry of Justice, Directors of Departments of Justice, Directors of state legal aid centers of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Circular.

2. During implementation of this Circular, any difficulty arising should be promptly reported to the Ministry of Justice for consideration and resolution./.

THE MINISTER




Le Thanh Long