THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
77/2008/ND-CP
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Hanoi,
July 16, 2008
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DECREE
ON LEGAL CONSULTANCY
THE GOVERNMENT
Pursuant to the December 25.
2001 Law on Organization of the Government:
At the proposal of the Justice
Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
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This Decree provides for legal
consultancy organization and activities of socio-political organizations,
socio-politico-professional organizations, socio-professional organizations,
specialized law training establishments and law research institutes (below
collectively referred to as managing organizations).
Legal consultancy activities
provided for in this Decree are of social nature and for non-profit purposes.
Article 2.-
Responsibilities of state agencies and managing organizations in legal
consultancy activities
1. State agencies shall, within the
scope of their tasks and powers, encourage and support the development of legal
consultancy organization and activities; coordinate with managing organizations
in managing the organization and activities of legal consultancy under this
Decree.
2. Managing organizations are
responsible for the organization and operation of legal consultancy
organizations they establish.
Article 3.-
Forms of legal consultancy organization
Managing organizations that fully
satisfy the conditions specified in Article 5 of this Decree may establish
legal consultancy centers to provide legal consultancy to their members and
other individuals and organizations.
Article 4.-
Prohibited acts
1. Legal consultancy organizations
and legal consultants are strictly prohibited from committing the following
acts:
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b/ Taking advantage of legal
consultancy activities to seek personal benefits;
c/ Taking advantage of legal
consultancy activities to cause public- disorder or social insecurity, badly
affect national ethics, fine traditions and customs, and infringing upon
interests of the State, rights and legitimate interests of individuals and
organizations;
d/ Providing legal consultancy to
parties with interests contrary to each other in the same case, disclose
information on cases, individuals and organizations that request legal
consultancy, unless these individuals and organizations so consent or otherwise
provided for by law.
2: Individuals and organizations
that request legal consultancy and agencies, organizations and individuals
involved in legal consultancy activities are strictly prohibited from
committing the following acts:
a/ Hurting the honor and dignity of
persons providing legal consultancy;
b/ Intentionally supplying
information and documents untrue about their cases;
c/ Impeding legal consultancy
activities.
Chapter II
LEGAL CONSULTANCY CENTERS
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1. Having at least two legal
consultants, or one legal consultant and one lawyer working as a law
practitioner under a labor contract, or two lawyers working as law practitioners
under labor contracts.
2. Having.a.working office.
Article 6.-
Legal status and organizational structure of legal consultancy centers
1. Legal consultancy centers have
the legal entity status, bank accounts and their own seals.
"The carving and use of seals
of legal consultancy centers must comply with the legal provisions on
management and use of seals.
2. Organizational structures and
operation regulations of legal consultancy centers shall be decided by their
managing organizations.
3. Directors of legal consultancy
centers must be legal consultants or independent law practitioners working
under labor contracts.
Article 7.-
Scope of operation of legal consultancy centers
1. Legal consultancy centers may
provide consultations on legal matters; designate lawyers working under
contracts for them to participate in legal proceedings to defend, represent,
protect rights and legitimate interests of individuals and organizations that
have requested legal consultancy in cases in which they undertake to provide
legal consultancy: provide legal aid under the law on legal aid.
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Article 8.-
Rights and obligations of legal consultancy centers
1. Legal consultancy centers have
the following rights:
a/ To handle cases within the scope
specified in Article 7 of this Decree;
b/ To request agencies and
organizations to supply information on matters related to rights and legitimate
interests of individuals and organizations that have requested legal
consultancy;
c/ To propose to state agencies
matters related to rights and legitimate interests of individuals and
organizations that have requested legal consultancy.
2. Legal consultancy centers have
the following obligations:
a/ To comply with the provisions of
this Decree and relevant legal documents on lawyers and legal aid;
b/ To take responsibility for
employing their legal consultants, lawyers, legal consultancy collaborators;
c/ To send to Justice Services of
provinces or centrally run cities (below referred to as provincial-level
Justice Services) where they are headquartered and to their managing
organizations annual reports or extraordinary reports on their organization and
operation when requested by these services or organizations;
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Article 9.-
Operating funds of legal consultancy centers
Legal consultancy centers shall
operate under the self-financing mechanism. Operating fund sources of legal
consultancy centers include:
1. Fund for conducting legal
consultancy activities incorporated in regular operating funds of socio
political organizations and allocated by these organizations to legal
consultancy centers they have established;
2. Fund allocated for providing
legal aid by legal consultancy centers that have registered for participation
in legal aid under the law on legal-aid:
3. Charges collected for providing
legal consultancy to individuals and organizations defined in Article 11 of
this Decree;
4. Supports provided by
socio-politico-professional organizations, socio-professional organizations,
training establishments and research institutes specialized in law and set
aside from their non-business revenues; and financial supports of individuals
and organizations at home or abroad for legal consultancy activities under law.
Article 10.- Free-of-charge
legal consultancy
Legal consultancy centers shall
provide free-of-charge legal consultancy to their managing organizations'
members.
The State encourages legal
consultancy centers to provide free-of-charge legal consultancy to the poor and
beneficiaries of preferential policies provided for by law.
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1. Apart from providing
free-of-charge legal consultancy to entities specified in Article 10 of this
Decree, legal consultancy centers may collect charges for legal consultancy
they provide toother individuals and organizations in order to cover their
operation expenses.
2. The collection of charges by
legal consultancy centers shall be decided by their managing organizations. If
legal consultancy centers are allowed to collect charges, their managing
organizations shall prescribe charge rates.
3. Legal consultancy centers shall
publicly post up applicable charge rates at their head offices and comply with
legal provisions on finance.
Article 12.-Establishment
of legal consultancy centers
1. Managing organizations shall issue
decisions on establishment of legal consultancy centers. A decision on
establishment of a legal consultancy center must be signed by the head of the
managing organization and contain the following details:
a/ Name of the legal consultancy
center:
b/ Objectives and tasks of the
legal consultancy center;
c/ Domain(s) of operation of the
legal consultancy center.
2. Socio-political organizations,
socio-politico- professional organizations and socio-professional organizations
at the central or branch level may establish legal consultancy centers
throughout the country.
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Training establishments and
research institutes specialized in the legal domain may establish legal
consultancy centers within provinces or centrally run cities where they are
headquartered.
3. Names of legal consultancy
centers must consist of the phrase "Trung tâm tư vấn pháp luật"
(legal consultancy center) and the names of their managing organizations. In
case a managing organization establishes two or more legal consultancy centers,
these centers' names must be distinct from one another.
Article 13.-
Registration of operation of legal consultancy centers
1. Legal consultancy centers shall
register their operation with provincial-level Justice Services of localities
where they are headquartered.
An operation registration dossier
comprises:
a/ An application for operation
registration;
b/ The managing organization's
decisions on establishment and appointment of its director;
c/ The draft organization and
operation regulation of the legal consultancy center promulgated by the managing
organization:
d/ A list of persons proposed for
grant of legal consultant cards and lawyers working under labor contracts for
the center, enclosed with their dossiers;
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2. Within seven working days after
receiving complete and valid dossiers, provincial-level Justice Services shall
grant operation registration certificates to legal consultancy centers. In case
of refusal, they shall notify the reason(s) for the refusal to the applicant.
3. When granting operation
registration certificates to legal consultancy centers, provincial-level
Justice Services shall concurrently grant legal consultant cards to persons who
fully satisfy the conditions specified in Clause 1, Article 19 of this Decree.
The Justice Ministry shall set the
forms of operation registration certificate and legal consultant card.
4. Legal consultancy centers may
commence operation on the date they are granted operation registration
certificates.
Article 14.-
Branches of legal consultancy centers
1. Legal consultancy centers of
socio-political organizations, socio-politico-professional organizations and
socio-professional organizations at the central or branch level, training
establishments and research institutes specialized in the legal domain may set
up their branches throughout the country.
Legal consultancy centers of
socio-political organizations, socio-politico-professional organizations and
socio-professional organizations at the provincial level may set up their
branches within the provinces or centrally run cities where their managing
organizations are headquartered.
2. Branches of legal consultancy
centers (below referred to as branches) are dependent units of these centers.
Branches may provide legal consultancy within the operation scope of their
centers. Legal consultancy centers shall take responsibility for their
branches' operations.
3. Branches of legal consultancy
centers have their own seals for use in transactions.
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4. A branch must have at least one
legal consultant or one lawyer working as a law practitioner for it. The legal
consultancy center shall appoint a legal consultant or lawyer to act as head of
the branch.
5. Branches shall register their
operation with provincial-level Justice Services of localities where they are
located.
Within seven working days after
being granted branch operation registration certificates, legal consultancy centers
shall notify in writing the location of their branches to provincial-level
Justice Centers of localities where they have registered their operation.
Article 15.-
Changes in registered operation contents of legal consultancy centers and
branches
Relocation of working offices and
change of directors of centers, heads of branches, legal consultants and
lawyers must be reported in writing by legal consultancy centers and branches
to provincial-level Justice Services of localities where they have registered
their operation.
Article 16.-Termination
of operation of legal consultancy centers and branches
1. Legal consultancy centers shall
terminate their operation in the following cases:
a/ Under decisions of their
managing organizations;
b/ Their operation registration
certificates are withdrawn.
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Before the date of its operation
termination, the legal consultancy center shall complete procedures for
terminating labor contracts already signed with its lawyers, collaborators and
employees; and completely handle cases it has accepted. In case the center
cannot completely handle a case, it shall reach agreement with the individual
or organization that has requested the legal consultancy on further handling of
that case.
3. In case of operation termination
of a legal consultancy center under Point b, Clause 1 of this Article, the
provincial-level Justice Service shall, within seven working days after
withdrawing the center's operation registration certificate, notify the
managing organization of the withdrawal of the center's operation registration
certificate.
Within sixty days after having its
operation registration certificate withdrawn, a legal consultancy center shall
cany out procedures for terminating labor contracts already signed with its
lawyers, collaborators and employees; and completely handle cases it has
accepted. In case the center cannot completely handle a case, it shall reach
agreement with the individual or organization that has requested the legal
consultancy on further handling of that case.
4. A branch shall terminate its
operation in the following cases:
a/ Under a decision of its managing
organization;
b/ The legal consultancy center, of
which it is a dependent unit, terminates operation;
c/ It has its operation
registration certificate withdrawn.
Legal consultancy centers shall
fulfill obligations and solve all problems related to the termination of
operation of their branches.
Article 17.-
Withdrawal of operation registration certificates of legal consultancy centers
and branches
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a/ It no longer fully satisfies the
conditions specified in Article 5 and Clause 4, Article 14 of this Decree;
b/ It has committed an act of
violation and subsequently been sanctioned for that act but relapses into the
violation, or seriously violates regulations on use of operation registration certificates.
2. Provincial-level Justice
Services that have granted operation registration certificates to legal
consultancy centers and branches shall effect the withdrawal of these
certificates.
Chapter III
PERSONS PROVIDING LEGAL CONSULTANCY
Article 18.-
Persons providing legal consultancy
Persons providing legal consultancy
include:
1. Legal consultants:
2. Lawyers working as law
practitioners under labor contracts for legal consultancy centers:
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Article 19.-
Legal consultants
1. Legal consultants must be
Vietnamese citizens who permanently reside in Vietnam and fully satisfy the
following conditions:
a/ Having the full civil act
capacity and good ethical quality, being other than those who are currently
examined for penal liability or have been convicted but not yet had their
criminal records wiped out:
b/ Possessing a bachelor of law
degree;
c/ Having worked in the legal
domain for three years or more.
2. Legal consultants are granted
legal consultant cards and may practice their profession throughout the
country.
Public employees currently working
in state administrative agencies, people's courts or people's procuracies will
not be granted legal consultant cards.
Article 20.-
Grant, withdrawal of legal consultant cards
1. A dossier for grant of a legal
consultant card comprises:
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b/ A copy of the bachelor of law
degree of the applicant:
c/ A curriculum vitae of the
applicant;
d/ Written certification of the
applicant's period of working in the legal domain.
Within seven working days after
receiving a complete and valid dossier, the provincial-level Justice Service
with which the legal consultancy center has registered its operation shall
grant a legal consultancy card to the qualified person. In case of refusal, it
shall notify in writing the reason.
2. The holder of a legal consultant
card who falls into one of the following cases will have his/ her legal
consultant card withdrawn:
a/ He/she no longer satisfies the conditions
specified in Clause 1, Article 19 of this Decree:
b/ He/she is recruited to work as a
public employee in a state administrative agency, people's court or people's
procuracy;
c/ He/she commits an act of
violation in one of the cases specified at Point a, b or c, Clause 1, Article 4
of this Decree.
Provincial-level Justice Services
of localities where exist legal consultancy centers or their branches in which
legal consultant card holders work shall withdraw these persons' cards.
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1. Lawyers may work as law
practitioners for legal consultancy centers or their branches under labor
contracts.
2. Lawyers who work for legal
consultancy centers or their branches have rights and obligations under labor
contracts signed between them and the centers in compliance with the law on
lawyers.
Article 22.-
Legal consultancy collaborators
1. Legal consultancy collaborators
must fully satisfy the conditions specified at Points a and b, Clause 1,
Article 19 of this Decree. Persons possessing university degrees other than law
degrees and working in branches or sectors relating to civic rights and
obligations: persons permanently residing in areas with exceptionally difficult
socio-economic conditions, areas inhabited by ethnic minority people and
mountainous areas and possessing secondary law degrees, or having worked in the
legal domain for three years or more, or being knowledgeable about law and
having prestige in the community, may act as legal consultancy collaborators.
Cadres and public employees may act
as legal consultancy collaborators of legal consultancy centers or their
branches in case the collaboration is not contrary to the law on cadres and
public employees.
2. Legal consultancy collaborators
shall provide legal consultancy under collaboration contracts signed between
them and legal consultancy centers.
Rights and obligations of legal
consultancy collaborators shall be stated in collaboration contracts.
3. Legal consultancy collaborators
may only receive cases from legal consultancy centers or their branches.
Article 23.-
Rights and obligations of persons providing legal consultancy
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2. To be professionally retrained.
3. To enjoy remunerations for
providing legal consultancy.
4. To be held responsible for legal
consultations they provide.
5. To comply with regulations of
managing organizations, the provisions of this Decree and other relevant
provisions of laws on lawyers and legal aid.
6. To pay compensations for damage
caused by their faults while providing legal consultancy.
Chapter IV
MANAGEMENT OF LEGAL CONSULTANCY ACTIVITIES
Article 24.-
Responsibilities of the Justice Ministry for managing legal consultancy
activities
The Justice Ministry shall guide
and inspect the implementation of legal documents on legal consultancy;
organize reviews and exchanges of experience, support the professional training
and retraining of persons providing legal consultancy, and apply other measures
to support the development of legal consultancy organization and activities
specified in this Decree.
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1. Provincial-level People's
Committees shall examine, inspect, handle violations and settle complaints and
denunciations about organization and operation of legal consultancy centers
according to their competence; apply measures to support the development of
legal consultancy organization and activities in their respective localities.
2. Provincial-level Justice
Services shall assist provincial-level People's Committees in performing the
management of legal consultancy activities, having the following tasks and
powers:
a/ To grant and withdraw operation
registration certificates of legal consultancy centers or their branches:
b/ To grant and withdraw legal
consultant cards;
c/ To coordinate with managing
organizations at the same level in professionally training or retraining
persons providing legal consultancy;
d/ To propose to or advise
provincial-level People's Committees on measures to support the development of
legal consultancy organization and activities in their localities;
e/ To examine, inspect, handle
violations and settle complaints and denunciations about legal consultancy
organization and activities according to their competence or under
authorization by presidents of provincial-level People's Committees;
f/ To send to provincial-level
People's Committees and the Justice Ministry annual or extraordinary reports,
when so requested, on organization and operation of legal consultancy centers
or their branches in their localities.
Article 26.-
Responsibilities of managing organizations for managing legal consultancy
activities
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Article 27.-
Handling of violations of persons providing legal consultancy, legal
consultancy centers or their branches
1. Persons providing legal
consultancy who commit acts of violation of this Decree shall, depending on the
nature and severity of their violations, be disciplined, administratively
sanctioned or examined for penal liability. If causing damage, they shall pay
compensations under law.
2. Legal consultancy centers or
their branches that commit acts of violation of the provisions of this Decree
shall be administratively sanctioned. If causing damage, they shall pay
compensations under law.
3. Forms of, competence and
procedures for, handling administrative violations in legal consultancy must
comply with the law on handling of administrative violations in the justice
domain.
Chapter V
IMPLEMENTATION PROVISIONS
Article 28.-
Transitional provisions
Operation registration certificates
of legal consultancy centers, legal consultant certificates granted under the
Government's Decree No. 65/ 2003/ND-CP of June 11, 2003, on legal consultancy
organization and activities, will continue to be valid under this Decree.
Article 29.-
Implementation effect
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The Government's Decree No.
65/2003/ND-CP of June 11, 2003, on legal consultancy organization and
activities, will cease to be effective as from the effective date of this
Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal People's Committees shall implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung