THE MINISTRY
OF JUSTICE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 459/1998/QD-BTP
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Hanoi, June 03,
1998
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DECISION
PROMULGATING THE
REGULA-TION ON COLLABORATORS OF LEGAL ASSISTANCE ORGANIZATIONS
THE MINISTER OF JUSTICE
Pursuant
to Decree No. 38-CP of June 4, 1993 of the Government on the functions, tasks,
powers and organizational structure of the Ministry of Justice;
Pursuant to Decision No. 734-TTg of September 6, 1997 of the Prime Minister on
the establishment of legal assistance organizations for the poor and social
policy beneficiaries;
Pursuant to Joint Circular No. 52/TTLT/TP-TC-TCCP-LDTBXH of January 14, 1998
guiding the implementation of Decision No. 734-TTg of September 6, 1997 of the
Prime Minister and Joint Circular No. 187/1998/TTLT-TCCP-TC-TP of March 30,
1998 guiding the regime of allowances for collaborators;
At the proposal of the Director of the Legal Assistance Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the "Regulation on Collaborators
of Legal Assistance Organizations."
Article 2.-
This Decision takes effect 15 days after its signing.
The Director of the Legal Assistance Department,
the heads of the units attached to the Ministry, Directors of the Justice
Services and of the State Legal Assistance Centers of the provinces and cities
directly under the Central Government shall have to implement this Decision.
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MINISTER OF JUSTICE
Nguyen Dinh Loc
REGULATIONS
ON COLLABORATORS OF LEGAL ASSISTANCE
ORGANIZATIONS
(Issued together with Decision
No.459/1998/QD-BTP of June 3, 1998 of the Minister of Justice)
Chapter I
GENERAL PROVISIONS
Article 1.-
The collaborators
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Article
2.- Objectives
The legal assistance activities of collaborators
aim to protect the legitimate rights and interests of the poor, and social
policy beneficiaries and contribute to the law popularization and education to
these objects.
Article 3.-
Subjects being collaborators
The Ministry of Justice welcomes legal experts
of judicial bodies, legal organizations of concerned committees and branches,
lawyers working at lawyers' organizations or legal consultancy organizations,
retired legal workers and law students to voluntarily work as collaborators of
legal assistance organizations; and welcomes the agencies and organizations
which encourage and create favorable conditions for their officials to work as
collaborators.
The Ministry of Justice also welcomes the
lawyers' organizations and legal consultancy organizations for their
cooperation with the legal assistance organizations in performing the tasks of
providing legal assistance.
Article 4.-
Principles of activity
The collaborators shall have to provide legal
assistance in an accurate, objective, impartial, timely and effective manner,
and have to abide by the provisions of law on legal assistance activities.
Chapter
II
THE COLLABORATOR
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The collaborators of legal assistance
organizations shall have to meet the following criteria:
1. Being Vietnamese citizens who are residing in
Vietnam;
2. Having the "bachelor of law"
diplomas or having engaged in legal work for 5 years or more;
3. Having full capacity for their acts; not
being the persons under examination for penal liability, serving a sentence or
persons with criminal records not yet written off.
4. Having strong political qualifications, good
virtues, high sense of responsibility and capability to fulfill the assigned
tasks.
Law students in their last year and meeting all
criteria defined at Points 1, 3 and 4 of this Article shall be considered for
recognition as collaborators.
Article 6.-
Procedures for recognition and granting cards
A. The recognition of collaborators shall have
to comply with the following procedures:
1. A person wishing to work as collaborator
sends a dossier to the legal assistance organization, which includes:
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1.2. The copy of the bachelor of law diploma
certified by the competent State agency or the written certification of the
duration of being engaged in the legal work by the agency where he/she works;
the school's written certification enclosed with a table of marks for already
examined study subjects, if he/she is a law student;
1.3. A cirriculum vitae certified by the
People's Committee of the commune, ward or district capital where he/she
resides or by his/her agency;
2. Within 15 days from the date of receiving the
complete and valid dossiers, the leadership of the legal assistance
organization shall base itself of the criteria and the need for collaborators
and consider the recognition or non-recognition of collaborators.
3. Persons being recognized as collaborators
shall be entitled to sign contracts for collaboration with legal assistance
organizations.
Officials nominated by their agencies to work as
collaborators at the request of legal assistance organizations shall be exempt
from the procedures prescribed in Item A, Point 1 of this Article.
B. The granting of cards to collaborators shall
be effected as follows:
1. The Director of the Legal Assistance
Department shall sign and grant cards to collaborators of the Department.
2. The Directors of the provincial/municipal
Justice Services shall grant cards to collaborators of State Legal Assistance
Centers.
Article 7.-
Rights of the collaborators
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1. To be granted the collaborator's card;
2. To be provided with professional training in
legal assistance operation;
3. To request the supply of necessary
information and documents in service of the legal assistance provision;
4. To receive allowances and other reasonable
administrative expenses paid by the legal assistance organizations as prescribed
in Joint Circular No. 187/1998/TTLT-TCCP-TC-TP of March 30, 1998;
5. To make proposals on improvement and
expansion of operation of legal assistance organizations.
Article
8.- Obligations of the collaborators
1. To provide legal assistance according to the
assignment by the legal assistance organizations; take records on cases and
affairs and keep legal assistance documents in accordance with the general
regulations;
2. To be responsible to the concerned legal
assistance organizations and before law for the contents of their legal
assistance.
3. Not to ask for any costs from the objects
being given the legal assistance;
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5. To abide by this Regulation, the Regulation
on organization and operation of legal assistance organizations, the
professional rules on legal assistance and relevant provisions of law.
Article 9.-
Forms of collaboration
The collaborators of legal assistance
organizations can effect their collaboration in the following forms:
1. Working at the offices of the legal
assistance organizations.
2. Working outside the offices of the legal
assistance organizations as agreed upon.
Chapter
III
REWARDS, HANDLING OF VIOLATIONS AND IMPLEMENTATION PROVISIONS
Article
10.- Reward
Those collaborators having merits in legal
assistance activities shall be rewarded by legal assistance organizations,
provincial/municipal Justice Services, the Ministry of Justice or concerned
bodies or shall be recommended for rewards according to the State's general
regulations.
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Any collaborators who commit the following acts
of violation shall, depending on the seriousness of the violations, be
suspended from collaboration, have their collaborator's cards withdrawn and
bear responsibility before law:
1. Failing to abide by the professional rules on
legal assistance or violating legislation on legal assistance;
2. Using the collaborator's card and tittle to
conduct activities beyond the scope of work assigned by the legal assistance
organizations;
3. Demanding the objects to pay remunerations or
deliberately causing difficulties to objects entitled to legal assistance;
4. Violating other stipulations on the contract
for legal assistance collaboration.
Article
12.- Implementation provisions
In the course of implementation, if any
difficulties or problems arise, the legal assistance organizations shall have
to propose amendments and/or supplements making them conform to realities and
current provisions of law.
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