Quyết định 84/2008/QD-TTg

DECISION

ESTABLISHING VIETNAM LEGAL AID FUND

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Legal Aid
Pursuant to the Governments Decree No. 07/ 2007/ND-CP of January 12, 2007, detailing and guiding the implementation of a number of ankles of the Law on Legal Aid;
At the proposal of the Minister of Justice,

DECIDES:

Article 1. Fund establishment

To establish Vietnam Legal Aid Fund to support the improvement of the quality of legal aid operations; support equipment and means of working for organizations providing legal aid in provinces entitled to central budget supports or meeting with extraordinary difficulties and in other special cases.

Its name in Vietnamese is Quy Tro giup Phap ly Viet Nam.

Its transaction name in English is Vietnam Legal Aid Fund (VLAF).

Vietnam Legal Aid Funds headquarters is based i-n Hanoi.

Article 2.- Legal status of the Fund

1. Vietnam Legal Aid Fund (below referred to as the Fund) is a state financial institution; operates for non-profit purposes; and is entitled to tax exemption according to current law. The Ministry of Justice shall manage the Funds operation.

2. The Fund has the legal person status, its own seal and account. The Fund may open accounts at the State Treasury and licensed banks in Vietnam.

Article 3. Operation principles of the Fund

1. The Fund may mobilize contributions from domestic and overseas agencies, organizations and individuals according to law.

2. The Fund must earn incomes and pay expenses for proper purposes and in accordance with law. The Fund shall open its own accounting books and carry out income-expenditure activities according to the law on finance-accounting.

3. Activities receiving the Funds support must not overlap those funded by annual budget allocations, national target programs, cooperation projects and other sources for legal aid-work.

Article 4. Financial sources of the Fund

1. The Fund is formed from voluntary donations and funding of domestic and overseas agencies, organizations and individuals, state budget supports and other lawful sources.

2. The Ministry of Justice shall annually work out the Funds work plans; estimate state budget funds for the Funds operation and incorporate them into the Ministrys state budget estimates for submission to competent authorities for decision.

3. When arise new or extraordinary tasks which cannot be covered by the Fund and necessarily require state budget supports, the Ministry of Justice shall propose the Ministry of Finance to consider and supplement funds accordingto the State Budget Law.

4. The Funds credit balance of the previous year may be carried forward to the following year for continued use.

Article 5. Scope of the Funds support

1. To support the improvement of legal aid operation quality.

2. To support the procurement of equipment and means of working for the State Legal Aid Center, its branches and organizations providing legal aid in provinces entitled to central budget supports and localities meeting with extraordinary difficulties.

3. To support a number of special cases, including support for legal aid activities at donors requests or under project commitments in accordance with the Law on Legal Aid; support for compensation for legal aid and other special cases as prescribed by the Minister of Justice.

Article 6. Encouragement for building the Fund

1. The Government encourages domestic and overseas agencies, organizations and individuals to contribute to, build and support the Fund in cash, in kind or other forms of support suitable to the nature and activities of legal aid in Vietnam.

2. The Fund has its golden book of honor and other relevant forms of commendation to acknowledge contributions to building and developing the Fund by agencies, organizations and individuals.

Article 7. Responsibilities of managing the Fund

1. The Ministry of Justice shall promulgate the Organization and Operation Regulation of the Fund after reaching agreement with the Ministry of Finance and take responsibility before the Government for all activities of the Fund.

2. The Ministry of Finance shall perform state management of finance of this Fund.

Article 8. Organization of implementation

1. Vietnam Legal Aid Fund established under this Decision takes over all benefits and responsibilities of Vietnam Legal Aid Fund established under the Justice Ministers Decision No. 257/2002/QD-BTP of July 10, 2002.

2. This Decision takes effect 15 days after its publication in "CONG BAO."

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of Peoples Committees of provinces and centrally run cities shall implement this Decision.