Thông tư 04/2003/TT-BTP

CIRCULAR

GUIDING A NUMBER OF PROVISIONS OF THE GOVERNMENT'S DECREE NO. 65/2003/ND-CP OF JUNE 11, 2003 ON LEGAL CONSULTANCY ORGANIZATION AND ACTIVITIES

Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003 on the functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to the Government's Decree No. 65/2003/ND-CP of June 11, 2003 on legal consultancy organization and activities;
The Ministry of Justice hereby guides the implementation of a number of provisions of the Government's Decree No. 65/2003/ND-CP of June 11, 2003 on legal consultancy organization and activities (hereinafter referred to as Decree No. 65/2003/ND-CP for short) as follows:

1. On the establishment of legal consultancy centers

1.1. Socio-political organizations, socio-professional organizations mentioned in Decree No. 65/2003/ND-CP are socio-political organizations or socio-professional organizations as defined in the Civil Code.

1.2. Socio-political organizations or socio-professional organizations which wish to conduct legal consultancy activities as prescribed in Decree No. 65/2003/ND-CP must set up legal consultancy centers in accordance with the provisions of this Decree.

1.3. The provincial-level socio-political organizations or socio-professional organizations may set up legal consultancy centers within their respective localities.

The socio-political organizations or socio-professional organizations at the central level or of central branches may set up legal consultancy centers nationwide.

2. On the registration of the operation of legal consultancy centers

2.1. The legal consultancy centers which are set up by the provincial-level socio-political organizations or socio-professional organizations (hereinafter referred collectively to as managing organizations) shall make operation registration at the Justice Services of the provinces or centrally-run cities (hereinafter referred collectively to as provincial/municipal Justice Services) where their managing organizations are headquartered.

The legal consultancy centers which are set up by the managing organizations at the central level or of central branches shall make operation registration at the provincial/municipal Justice Services of the localities where they are headquartered.

2.2. The Charters of legal consultancy centers shall be promulgated by the managing organizations which have issued decisions setting up the centers, in consistence with the general Charter and other regulations of such managing organizations.

2.3. The Charters of legal consultancy centers contain the following principal contents:

a/ The names and addresses of the legal consultancy centers;

b/ Operation domains;

c/ Organizational and managerial structures;

d/ Rights and obligations of legal counselors and employees of the legal consultancy centers;

e/ The allowance or remuneration regime for legal counselors and legal consultancy collaborators;

f/ Cases of operation termination;

g/ Modes of revision and supplementation of the charters of the legal consultancy centers.

2.4. Papers certifying the working places of the legal consultancy centers, prescribed at Point e, Clause 1, Article 6 of Decree No. 65/2003/ND-CP are the notarized copies of the contracts for renting houses as the centers' working offices or the managing organizations' written certifications of the centers' transaction and working places.

3. On the operation scope of legal consultancy centers

3.1. The legal consultancy centers may provide legal consultancy within the scope prescribed in Clause 1, Article 7 of Decree No. 65/2003/ND-CP.

3.2. The legal consultancy centers must not send their legal counselors to defend, protect the legitimate rights and interests of the accused, defendants and/or other involved parties before procedural proceeding bodies.

Where the managing organizations send legal counselors of the legal consultancy centers to defend or protect the legitimate rights and interests of their members or other subjects in accordance with the procedural legislation, such legal counselors must not act in the name of legal counselor of the legal consultancy centers.

4. On the opening of branches of legal consultancy centers

4.1. Branches of the legal consultancy centers mentioned in Clause 3, Article 5 of Decree No. 65/2003/ND-CP are dependent units of the centers, opened by the centers in localities where their managing organizations are headquartered. The branches may provide legal consultancy within the scope of operation inscribed in the centers' operation registration papers.

4.2. Branches of the legal consultancy centers must have at least one legal counselor each. The legal consultancy centers shall appoint a legal counselor as branch head.

4.3. Within 7 days after opening branches, the legal consultancy centers must notify in writing such opening to the provincial/municipal Justice Services of the localities where the centers are headquartered.

5. On the training in legal counseling skills

5.1. The program on training in legal counseling skills prescribed at Point b, Clause 1, Article 13 of Decree No. 65/2003/ND-CP consists of lectures on the following contents:

a/ Introductions on legal documents on the organization and activities of legal consultancy; rights and obligations of legal counselors: 5 periods;

b/ General counseling skills of legal counselors: 5 periods;

c/ Skills of counseling on civil legislation: 10 periods;

d/ Skills of counseling on marriage and family legislation: 5 periods;

e/ Skills of counseling on labor and economic legislation: 10 periods;

f/ Skills of counseling on criminal legislation: 10 periods;

g/ Skills of counseling on complaint and denunciation legislation: 5 periods.

5.2. The provincial/municipal Justice Services shall assume the prime responsibility for, and coordinate with the managing organizations in, organizing courses of training in legal counseling skills. The managing organizations shall be respon-sible for funding the organization of these courses.

5.3. Those who have completed the courses on training in legal counseling skills shall be granted the certificates thereof, which are valid nationwide.

5.4. The managing organizations shall have to regularly update legal information and provide training in legal counseling skills for legal counselors and legal consultancy collaborators of their attached legal consultancy centers.

6. On the procedures for granting legal counselor's certificates

Legal counselor's certificates shall be granted at the proposals of the legal consultancy centers when the centers make operation registration under the provisions in Clause 1, Article 6 or change their registered operation contents under the provisions in Clause 2, Article 11 of Decree No. 65/2003/ND-CP.

7. On the examination work of the provincial/municipal Justice Services

7.1. The provincial/municipal Justice Services shall examine the organization and operation of the legal consultancy centers and their branches on an annual basis. The provincial/municipal Justice Services must notify the centers and/or their branches of the examination time and contents 7 days before conducting the examination.

7.2. The provincial/municipal Justice Services may conduct unexpected examinations at the requests of the Ministry of Justice or the People's Committees of the provinces or centrally-run cities where the legal consultancy centers are headquartered.

8. On the reporting regime

8.1. The legal consultancy centers shall report to the provincial/municipal Justice Services on the organization and operation of the centers and their branches. Biannual reports shall be sent before June 30 and annual reports before December 31.

8.2. The provincial/municipal Justice Services shall report to the Ministry of Justice on the organization and operation of the legal consultancy centers and their branches in the localities. Biannual reports shall be sent before July 15 and annual reports before January 15.

9. On the transitional provisions

9.1. The legal consultancy offices and/or centers of socio-political or socio-professional organizations, which are set up and operate before the effective date of Decree No. 65/2003/ND-CP shall continue operating but, within 6 months, after the effective date of this Decree, must transform themselves into legal consultancy centers under the provisions of Decree No. 65/2003/ND-CP and make operation registration at the provincial/municipal Justice Services of the localities where the centers are headquartered.

9.2. An operation registration dossier of a legal consultancy center mentioned at Point 9.1. of this Circular consists of the following papers:

a/ The Charter of the legal consultancy center, which has been promulgated by its managing organization under the provisions at Points 2.2 and 2.3 of this Circular;

b/ The charge rates set by the managing organization in accordance with the provisions in Clause 3, Article 10 of Decree No. 65/2003/ND-CP;

c/ The list of legal counseling experts who meet all conditions prescribed in Clause 2, Article 24 of Decree No. 65/2003/ND-CP and are proposed to be granted legal counselor's certificates, enclosed with the written certifications of the managing organization of their working duration at the legal consultancy offices or centers.

9.3. Within 7 days after receiving the complete and valid dossiers, the provincial/municipal Justice Services shall have to grant operation registration papers to the legal consultancy centers and legal counselor's certificates to the persons who meet all conditions prescribed in Clause 2, Article 24 of Decree No. 65/2003/ND-CP.

10. To promulgate together with this Circular the following paper forms:

a/ The legal consultancy center's application for operation registration;

b/ The legal consultancy center's operation registration paper;

c/ The certificate of training in legal counseling skills;

d/ The legal counselor's certificate;

e/ The collaborator's certificate;

f/ Notice on the opening of a branch of the legal consultancy center;

g/ Notice on change in the contents of the legal consultancy center's operation registration paper;

h/ Notice on the operation termination of the legal consultancy center;

i/ Report on the organization and operation of the legal consultancy centers and their branches;

j/ Report of the provincial/municipal Justice Service on the organization and operation of the legal consultancy centers and their branches based in the locality.

(all the above-said forms are not printed herein).

11. Implementation effect

This Circular takes implementation effect 15 days after its publication in the Official Gazette.

Any problems arising in the course of implementation should be promptly reported by the provincial/municipal Justice Services, the managing organizations and legal consultancy centers to the Ministry of Justice for guidance and settlement.