Decision No. 459/QD-BTP dated June 03, 1998 of the Ministry of Justice promulgating the regula-tion on collaborators of legal assistance organizations
THE MINISTRY OF JUSTICE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, June 03, 1998
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,
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.
MINISTER OF JUSTICE
Nguyen Dinh Loc
ON COLLABORATORS OF LEGAL ASSISTANCE ORGANIZATIONS
(Issued together with Decision No.459/1998/QD-BTP of June 3, 1998 of the Minister of Justice)
Article 1.- The collaborators
The collaborators of the Legal Assistance Department and the State Legal Assistance Centers of the provinces and cities directly under the Central Government (hereafter referred collectively to as the legal assistance organizations) are persons whom the legal assistance organizations recognize and sign collaboration contracts with under the provisions of this Regulation.
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.
Article 5.- Criteria
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:
1.1. A written request to work as collaborator;
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
The collaborators shall have the following rights:
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;
4. Not to use the collaborator's card and title to act as brokers for illegal affairs or to conduct activities beyond the assigned tasks of legal assistance;
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.
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.
Article 11.- Handling of violations
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.
MINISTER OF JUSTICE
Nguyen Dinh Loc