THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
65/2003/ND-CP
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Hanoi,
June 11, 2003
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DECREE
ON LEGAL CONSULTANCY ORGANIZATION AND ACTIVITIES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
In order to contribute to satisfying the great and diversified demand of
individuals and organizations for legal consultancy, raising the legal
awareness of citizens and helping them behave in compliance with law in
daily-life relations; and to enhance the State management over legal
consultancy activities;
At the proposal of the Justice Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Subjects and scope of regulation
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Legal consultancy activities of lawyers under
the provisions of the Lawyer Ordinance and of the State legal assistance
centers shall not be governed by this Decree.
Article 2.- Organization forms and scope of legal consultancy activities
Socio-political organizations and
socio-professional organizations which fully meet the conditions prescribed in
this Decree shall be permitted to establish legal consultancy centers according
to the provisions of this Decree to provide free-of-charge legal consultancy to
their organizations' members.
The State encourages legal consultancy centers
to provide free-of-charge legal consultancy to the poor and the preferential
policy beneficiaries according to the provisions of law.
Apart from activities of providing
free-of-charge legal consultancy to the subjects defined in this Decree, the
legal consultancy centers are allowed to collect service charges from other
subjects to finance their activities according to the provisions of this
Decree.
Article 3.- Management of legal consultancy activities
The management of legal consultancy activities
according to the provisions of this Decree shall be effected on the principle
of combining the State management with the promotion of the self-governance of
socio-political organizations and socio-professional organizations in order to
ensure that legal consultancy activities are compliant with the provisions of
this Decree.
Chapter II
LEGAL CONSULTANCY CENTERS
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1. Socio-political organizations and
socio-professional organizations which wish to establish legal consultancy
centers must satisfy all the following conditions:
a/ Having at least 3 legal consultants who fully
meet the conditions prescribed in Clause 1, Article 13 of this Decree;
b/ Having such legal consultancy centers' own
locations for conducting transactions and working.
2. Socio-political organizations and
socio-professional organizations (hereinafter called managing organizations for
short) at the provincial level or the central level shall issue decisions to
set up legal consultancy centers. Decisions on establishing legal consultancy
centers shall be signed by the heads of the managing organizations and have the
following principal contents:
a/ Name of the legal consultancy center;
b/ Objectives and tasks of the legal consultancy
center;
c/ Legal consultancy domains;
d/ Financial regime(s) applicable to the legal
consultancy center.
3. The names of legal consultancy centers must
clearly reflect the names of their managing organizations. In cases where a
managing organization establishes two legal consultancy centers or more, the
names of such centers must be distinguishable from each other.
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1. A legal consultancy center has its director,
legal consultants and other staff members. The organizational structures of
legal consultancy centers shall be decided by their managing organizations.
Legal consultancy centers may use legal
consultancy collaborators.
2. Legal consultancy centers have their own seals
for use in transactions.
The carving and use of seals of legal
consultancy centers shall comply with the current law provisions on management
and use of seals.
3. Legal consultancy centers are allowed to set
up their branches within the provinces or centrally-run cities where their
managing organizations are headquartered. Legal consultancy centers shall be
responsible for the operations of their branches.
Article 6.- Registration of operation of legal consultancy centers
1. Legal consultancy centers shall register
their operation with the Justice Services of the provinces or centrally-run
cities where their managing organizations are headquartered (hereinafter
referred to as the provincial/municipal Justice Services).
An operation registration dossier comprises:
a/ An application for operation registration;
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c/ The legal consultancy center's charter
promulgated by its managing organization;
d/ The managing organization's decision on
appointment of the director of the legal consultancy center;
e/ A tentative list of legal consultants,
enclosed with copies of their law bachelor degrees, certificates of training in
legal consultancy skills, written certifications of the listed legal
consultants' working periods in the legal domain;
f/ Written certification of the legal
consultancy center's working location;
g/ The charge table set by the managing
organization according to Article 10 of this Decree.
2. Within 7 days after receiving the complete
and valid dossiers, the provincial/municipal Justice Services shall have to
grant operation registration papers to the applying legal consultancy centers.
In case of refusal to grant operation registration papers, they must notify the
reasons therefor in writing to the applicants.
3. When granting operation registration papers
to legal consultancy centers, the provincial/municipal Justice Services shall
concurrently grant legal consultant certificates to persons who fully meet the
conditions prescribed in Clause 1, Article 13 of this Decree.
The lists of legal consultants of legal
consultancy centers must be posted up at such centers' head offices.
The Justice Ministry shall prescribe the forms
of operation registration papers and legal consultant certificates.
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Article 7.- Operation scope of legal consultancy centers
1. The scope of legal consultancy covers the following
jobs:
a/ Providing guidance on legal matters and
answers to legal questions;
b/ Giving consultations on compilation of
applications, testaments and other papers;
c/ Giving consultations on compilation of
contracts valued at VND 100,000,000 or less;
d/ Supplying legal documents and information.
Jobs defined in this Clause must be performed by
legal consultants and legal consultancy collaborators of legal consultancy
centers.
2. Legal consultancy centers must not undertake
to plead for or defend the legitimate rights and interests of defendants,
accused and other involved parties before the legal proceeding agencies.
Article 8.- Rights and obligations of legal consultancy centers
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a/ To provide legal consultancy within the scope
prescribed in Article 7 of this Decree;
b/ To request the concerned agencies and
organizations to supply information on matters related to the legitimate rights
and interests of individuals and organizations that resort to the centers'
consultancy;
c/ To make petitions on matters related to the
legitimate rights and interests of their members to the concerned State
agencies;
d/ To receive financial aid of individuals and
organizations at home and abroad in support of their free-of-charge legal
consultancy activities according to provisions of law.
2. Legal consultancy centers have the following
obligations:
a/ To comply with the provisions of this Decree
and relevant legal documents;
b/ To take responsibility for the legal
consultancy performed by their legal consultants and legal consultancy
collaborators;
c/ To report biannually and annually to the
Justice Services of the localities where they are headquartered on their
organization and operation; and to report such to their managing organizations
according to the latter's regulations.
Article 9.- Free-of-charge legal consultancy
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1. Members of their managing organizations;
2. The poor and policy beneficiaries who enjoy
free-of-charge legal assistance according to the legislation on legal
assistance.
Article 10.-
Charged legal consultancy
1. Legal consultancy centers may provide legal
consultancy services for charges collected from individuals and organizations
other than the subjects prescribed in Article 9 of this Decree to cover
expenses necessary for their operation.
2. Expenses necessary for the operation of legal
consultancy centers include:
a/ Expenses for procurement of facilities,
equipment, stationery and documents necessary for legal consultancy activities;
b/ Remunerations or allowances for their
directors, legal consultants, legal consultancy collaborators and other staff
members;
c/ Other reasonable expenses for the provision
of legal consultancy.
3. The maximum charge rates are prescribed
below:
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b/ For written legal guidance and answers to
legal questions: VND 100,000/case;
c/ For consultations on compilation of
applications, testaments and other papers: VND 100,000/case;
d/ For consultations on compilation of
contracts: VND 200,000/case.
When market prices fluctuate by 10% or more, the
Justice Ministry shall, together with the Finance Ministry, guide the
readjustment of the ceiling rates prescribed in this Clause.
4. Basing themselves on the provisions in Clause
3 of this Article, the managing organizations shall draw up charge tables
applicable to legal consultancy centers they have established. Charge tables
must be posted up at the head offices of legal consultancy centers.
5. Legal consultancy centers shall have to open
books for monitoring their revenues and expenditures according to the
provisions of law; and submit to the inspection and supervision by their
managing agencies and the competent State agencies.
Article 11.-
Changes in registered operation contents
1. The changes of working locations, directors,
lists of legal consultants and/or locations of branches of legal consultancy
centers must be notified in writing to the provincial/municipal Justice
Services where the centers have registered their operation.
2. For case of addition of legal consultants,
legal consultancy centers must make written requests for granting of legal
consultant certificates enclosed with copies of law bachelor degrees,
certificates of training in legal consultancy skills and written certifications
of to be-grantees' working periods in the legal domain.
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1. Legal consultancy centers shall terminate
their operation in the following cases:
a/ Under decisions of their managing
organizations;
b/ Their operation registration papers are
withdrawn.
2. In case of operation termination under the
managing organizations' decisions, the legal consultancy centers shall, within
7 days after the decisions on operation termination are issued, have to send
written notices enclosed with such decisions to the provincial/municipal
Justice Services where the centers have registered their operation.
Chapter III
LEGAL CONSULTANTS
Article 13.-
Conditions for being granted legal consultant
certificates
1. Vietnamese citizens permanently residing in
Vietnam and fully satisfying the following conditions shall be granted legal
consultant certificates:
a/ Having law bachelor degrees and having worked
in the legal domain for three years or more;
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c/ Having good virtues and ethics; being not
currently examined for penal liability or having been sentenced but not yet had
their criminal records wiped off;
d/ Having the full civil act capacity.
2. Officials and public employees currently
working in the State agencies shall not be granted legal consultant
certificates.
3. A legal consultant shall only be allowed to
work for one legal consultancy center.
Article 14.-
Rights and obligations of legal consultants
1. When providing legal consultancy, legal
consultants have the following rights:
a/ To provide legal consultations within the
operation scope of their legal consultancy centers;
b/ To be trained in legal consultancy skills;
c/ To enjoy allowances or remunerations provided
for by their managing organizations.
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Article 15.-
Prohibitions for legal consultants
When providing legal consultancy, legal
consultants must not:
1. Instigate involved parties to lodge
complaints or denunciations or initiate lawsuits without grounds;
2. Abuse the names of the legal consultancy
centers or their capacity as legal consultants to seek for personal benefits or
to conduct activities in contravention of law and social morality;
3. Personally receive legal consultancy charges
from organizations and/or individuals that resort to the legal consultancy
centers' consultancy;
4. Disclose information on cases, individuals or
organizations that resort to consultancy which they know in the course of
providing legal consultancy, except for cases where such individuals or
organiza-tions so agree or the law otherwise provides for.
Article 16.-
Legal consultancy collaborators
1. Legal consultancy collaborators must fully
satisfy the conditions prescribed at Points a, c and d, Clause 1, Article 13 of
this Decree. Persons without law bachelor degrees but having personally worked in
the legal domain for 10 years or more may be legal consultancy collaborators.
Officials and public employees may act as legal
consultancy collaborators of legal consultancy centers in cases where such
collaboration is not contrary to the legislation on officials and public
employees.
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2. Legal consultancy collaborators shall provide
legal consultancy under collaboration contracts signed between legal
consultancy centers and legal consultancy collaborators.
The rights, obligations and responsibilities of
legal consultancy collaborators are stated in collaboration contracts.
The prohibitions for legal consultants
prescribed in Article 15 of this Decree shall also apply to legal consultancy
collaborators.
3. Legal consultancy centers shall be
responsible for the use of legal consultancy collaborators.
Chapter IV
MANAGEMENT OF LEGAL
CONSULTANCY ACTIVITIES
Article 17.-
State management over legal consultancy activities
1. The Justice Ministry shall perform the State
management over legal consultancy activities, having the following tasks and
powers:
a/ To compile and submit to competent agencies
for promulgation legal documents on legal consultancy activities, and guide the
implementation thereof;
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c/ To examine and inspect the organization and
operation of legal consultancy centers in cases of settling complaints and/or
denunciations according to its competence or other necessary cases at requests
of the People's Committees of the provinces and centrally-run cities;
d/ To take measures to support the professional
fostering of legal consultants and legal consultancy collaborators at requests
of their managing organizations.
2. The People's Committees of the provinces and
centrally-run cities shall perform the State management over legal consultancy
activities within their respective localities, having the following tasks and
powers:
a/ To examine and inspect the organization and
operation of legal consultancy centers according to their competence, and
handle violations related thereto;
b/ To settle complaints and denunciations about
the organization and operation of legal consultancy centers;
c/ Other tasks and powers provided for by law.
3. The provincial/municipal Justice Services
assist the People's Committees of the provinces and centrally-run cities in
performing the contents of the State management over legal consultancy
activities, prescribed in Clause 2 of this Article and have the following tasks
and powers:
a/ To organize the legal consultancy skill
fostering prescribed at Point b, Clause 1, Article 13 of this Decree;
b/ To grant and withdraw operation registration
papers of legal consultancy centers;
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d/ To assist the managing organizations of the
same level in the professional fostering of legal consultants;
e/ To report biannually and annually to the
People's Committees of the provinces and centrally-run cities and the Justice
Ministry on the organization and operation of legal consultancy centers within
their respective localities.
Article 18.-
Responsibilities of managing organiza-tions for the
management of legal consultancy activities
1. Managing organizations shall bear
responsibility for organization and operation of legal consultancy centers they
establish and have the following tasks and powers:
a/ To decide on establishment or dissolution of
legal consultancy centers;
b/ To promulgate and inspect the implementation
of charters of legal consultancy centers; to handle violations according to
their charters;
c/ To organize professional fostering for legal consultants
and legal consultancy collaborators;
d/ To perform and exercise other tasks and
powers as provided for by their charters.
2. Managing organizations shall biannually and
annually report in writing to the justice agencies of the same level on the
organization and operation of legal consultancy centers they establish.
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COMMENDATION, HANDLING
OF VIOLATIONS
Article 19.-
Commendation
Legal consultancy centers, legal consultants and
legal consultancy collaborators that record achievements in legal consultancy
activities shall be commended and/or rewarded according to regulations of the
State and their managing organizations.
Article 20.-
Handling of violations of legal consultancy centers
Legal consultancy centers which violate the
provisions of this Decree shall, depending on the nature and seriousness of
their violations, be administratively sanctioned in the following forms:
1. Caution or a fine of between VND 1,000,000
and 5,000,000 for one of the following acts:
a/ Providing legal consultancy before being
granted operation registration papers;
b/ Providing legal consultancy beyond the
operation scope prescribed in this Decree;
c/ Failing to post up the list of legal
consultants and legal consultancy collaborators at the centers' head offices;
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e/ Failing to post up legal consultancy charge
tables at the centers' head offices;
f/ Collecting legal consultancy charges in
contravention of the provisions in Article 10 of this Decree;
g/ Violating other provisions of this Decree.
2. Withdrawal of operation registration papers
for a definite or indefinite time in case of repeated violations or violations
involving aggravating circumstances.
In cases where violations cause damage,
compensations therefor must be made according to the provisions of law.
Article 21.-
Handling of violations committed by legal consultants or
legal consultancy collaborators
1. Legal consultants or legal consultancy
collaborators who commit one of the following acts of violation shall,
depending on the nature and seriousness of their violations, be
administratively sanctioned in forms of caution or fine of between VND 200,000
and 1,000,000:
a/ Deliberately providing legal consultancy in
contravention of law;
b/ Demanding surcharges or other material
benefits in addition to charge amounts already collected by legal consultancy
centers;
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2. Apart from the sanctioning forms prescribed
in Clause 1 of this Article, violators may have their certificates of legal
consultants withdrawn or have their names deleted from the lists of legal
consultancy collaborators; if damage is caused, compensations therefor must be
made according to the provisions of law.
Article 22.-
Competence to handle violations
1. The presidents of the People's Committees of
the provinces and centrally-run cities may:
a/ Give cautions;
b/ Impose fines of up to the maximum level prescribed
in this Decree.
2. Specialized chief inspectors of the
provincial/municipal Justice Services may:
a/ Give cautions;
b/ Impose fines of up to VND 2,000,000;
c/ Withdraw operation registration papers of
legal consultancy centers or certificates of legal consultants; or delete names
of violators from the lists of legal consultancy collaborators.
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The procedures for handling administrative
violations committed by legal consultancy centers, legal consultants and/or
legal consultancy collaborators shall comply with the provisions of the
legislation on handling of administrative violations.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 24.- Transitional provisions
1. Within 6 months after the effective date of
this Decree, the legal consultancy organizations of socio-political
organizations or socio-professional organizations, which were established and
operated before the effective date of this Decree and wish to continue their
operation, shall have to register their operation according to the provisions
of this Decree. Past that time limit, if they fail to do so, they must
terminate their operation.
2. Persons, who have been recognized as legal
consultants for 5 years or more and are currently working as legal consultants
of legal consultancy offices or legal consultancy centers of Vietnam Lawyers'
Association, Vietnam Labor Confederation, Vietnam Women's Union or other
socio-political organizations at the time this Decree takes effect, shall now
be recognized as legal consultants under the provisions of this Decree.
Article 25.-
Implementation effect
This Decree takes effect 15 days after its
publication in the Official Gazette.
The Prime Minister's Directive No. 620/CT-TTg of
September 29, 1995 on enhancing the management of legal consultancy activities
and the Justice Ministry's Circular No. 1119/TTQLTPK of December 24, 1987 on
legal services shall cease to be effective as from the effective date of this
Decree.
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1. The Justice Ministry shall have to guide the
implementation of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People's Committees of the provinces or centrally-run
cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai