MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 19/2011/TT-BTP
Hanoi, October 31, 2011
 
CIRCULAR
ON AMENDMENT AND SUPPLEMENT OF A NUMBER OF PROVISIONS ON ADMINISTRATIVE PROCEDURES OF CIRCULAR NO.05/2008/TT-BTP DATED 23/9/ 2008, CIRCULAR NO.03/2008/TT-BTP DATED 25/8/2008 AND CIRCULAR NO.01/2010/TT-BTP DATED 09/02/2010 OF THE MINISTRY OF JUSTICE
Pursuant to the Decree No.93/2008/ND-CP of August 22, 2008 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Justice;
In implementing the Government’s Resolution No.52/NQ-CP dated December 10, 2010 on the simplification of administrative procedures under the management function scope of the Ministry of Justice, Ministry of Justice amends and supplements a number of provisions on administrative procedures of the Circular No.05/2008/TT-BTP, Circular No.03/2008/TT-BTP and Circular No.01/2010/TT-BTP dated 9/2/2010 as follows:
Article 1. To amend and supplement some provisions of Circular No.05/2008/TT-BTP dated 23/9/2008 of the Ministry of Justice guiding on the operation of legal aid and state management on legal aid
1. Clause 1, Clause 2, Section I, Part A is amended and supplemented as follows:
"1. Inspection of the requests of legal aid
Upon a request of legal aid, the legal aid beneficiary must submit 01 set of dossier to the legal aid providing organization. The dossier shall include: an application for legal aid, proof to demonstrate that the requester is subject to legal aid and other papers and documents relevant to the case (if any).
Upon receiving the dossier requesting for legal aid, the recipients must consider and respond immediately to the requester of legal aid if the dossiers are eligible to assume or needed to add related papers, documents.
The case requesting for legal aid shall be processed only when meeting all the following conditions:
a) The requesters of legal aid (hereinafter referred to as the requester) who are subject to legal aid provided in Article 10 of the Law on Legal Aid and detailed in Article 2 of Decree No.07/2007/ND-CP dated 12/01/2007 of the Government detailing and guiding the implementation of a number of Articles of the Law on Legal Aid (hereinafter referred to as Decree No.07/2007/ND-CP) or victims of sale in accordance with the provisions of law on the prevention, combat of human trafficking.
b) The content of legal aid cases is in accordance with the provisions of Article 5 of the Law on Legal Aid;