Thông tư liên tịch 11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC

Joint circular No. 11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC of July 04, 2013, guiding the implementation of a number of regulations of Law on legal aid in procedural activities

Nội dung toàn văn Joint circular No. 11/2013/TTLT-BTP-BCA-BQP Law on legal aid in procedural activities


MINISTRY OF JUSTICE - MINISTRY OF PUBLIC SECURITY – MINISTRY OF DEFENSE – MINISTRY OF FINANCE - SUPREME PEOPLE'S PROCURACY- SUPREME PEOPLE’S COURT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC

Hanoi, July 04, 2013

 

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF REGULATIONS OF LAW ON LEGAL AID IN PROCEDURAL ACTIVITIES

Pursuant to the Law on Legal Aid 2006;

Minister of Justice, Minister of Public Security, Minister of Defense, Minister of Finance, Head of the Supreme People's Procuracy, President of Tribunal of the Supreme People's Court issue a joint Circular guiding the implementation of a number of regulations of law on legal aid in procedural activities as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This joint Circular shall guide the implementation of a number of regulations of law on coordinating to implement legal aid; issue, refuse, revoke and validity of certificate of participation in proceedings for the performer of legal aid in procedural activities.

Article 2. Subjects of application

This Joint Circular applies to organizations and individuals as follows:

1. Investigation agency, Procuracy, Court, Heads and Deputy Heads of the investigation agency, investigator, Director, Deputy Director of Procuracy, Prosecutor, the President of Tribunal, Vice President of Tribunal, Judge and Court Clerk.

2. Detention center, remand home; superintendent and deputy superintendent of detention center, educator warden, head and deputy head remand home

3. State management agency on organization and operation of legal aid.

4. Legal aid organizations include: state legal aid center (hereafter referred to as center), center’s branch (hereafter referred to as branch); lawyer practicing organization and law consultation Center with registration of legal aid participation (hereafter referred to as legal aid participation organization).

Legal aid performers include: legal helpers, lawyers as legal aid collaborator (hereafter referred to as lawyer collaborator) and lawyers working for legal aid participation organizations (hereafter referred to as lawyer).

5. The legal aid receivers involved in proceedings and agencies, organizations and individuals concerned in coordination and implementation of legal aid in procedural activities.

Chapter 2.

RESPONSIBILITY OF LEGAL AID IMPLEMENTATION ORGANIZATIONS AND LEGAL AID PERFORMERS

Article 3. Responsibility of Centers and Branches

1. Verifying the legal aid receivers to ensure they are eligible for legal aid as prescribed by law.

2. Appointing legal helper and lawyer collaborator to participate in the proceedings as prescribed by the law on legal aid and procedural law; appointing other legal helpers and lawyer collaborators as prescribed in this joint Circular.

3. Providing bulletin and information leaflet on legal aid (legal aid receivers, rights and obligations of legal aid receivers, procedures for legal aid, address, telephone number of the center and branch), legal aid inforbox, application form for legal aid, legal brochure and legal materials concerning the legal aid to the proceedings-conducting agency, detention center and remand home.

4. Announcing the list of legal helpers, lawyer collaborators of the Center and branch to the proceedings-conducting agency, detention center and remand home.

5. Fully informing regulations of law on legal aid in case of modification, supplementation and supersession to the proceedings-conducting agency, detention center and remand home.

6. Accepting legal aid dossiers and making payment of remuneration to lawyer collaborators and allowance to legal helpers performing legal aid in procedural activities as prescribed by law; settling complaints from legal helpers and lawyer collaborators under their competence.

Article 4. Responsibility of legal aid participation organization

1. Complying with provisions in Clause 1, Article 3 of this Joint Circular.

2. Appointing lawyers to participate in procedural activities and appointing substitute lawyers as prescribed by this Joint Circular.

3. Transferring cases to the Centers and branches in case there is no substitute lawyer as prescribed by the provisions in Article 6 of this Joint Circular.

4. Notifying the proceedings-conducting agency, detention center and remand home of the address and telephone number of the legal aid participation organization and lawyers.

Article 5. Responsibility of legal aid performers upon participation in proceedings

1. When participating in proceedings as a counsel, a defender of the litigant’s legal rights and interests in criminal cases; a representative, a defender of the litigant’s legal rights and interests in civil cases or representative or defender of the plaintiff’s legal rights and interests, person having rights and obligations involved in administrative cases, the legal aid performers shall fulfill the rights and obligations under the procedural law and law on legal aid.

2. In the field of criminal proceedings, the legal aid performer must refuse to participate in proceedings in the following cases:

a) Having been the procedure-conducting persons in that case;

b) Being relative of the person who has or is conducting procedures in that case;

c) Simultaneously as the victim, civil plaintiff, civil defendant, persons with interests and obligations related to the case, a legal representative, a relative of that person or of accused or defendant;

d) Having participated in that case as witness, expert and interpreter;

dd) Being subject to one of cases specified in Clause 2, Article 45 of the Law on legal aid.

3. In the field of civil proceedings, the legal aid performer must refuse to participate in proceedings in the following cases:

a) Simultaneously as litigant, representative or litigant’s relative;

b) Being subject to cases specified at Poin Article and dd, Clause 2 of this Article.

4. In the field of administrative proceedings, the legal aid performers must refuse to participate in the following cases:

a) Being subject to cases specified at Point Article and dd, Clause 2 and Point a, Clause 3 of this Article;

b) Having participated in issuing administrative decisions or related to administrative acts which have been sued;

c) Having participated in issuing decision on complaint settlement for administrative decision or acts which have been sued;

d) Having participated in issuing disciplinary decisions to dismiss officials or having participated in issuing decisions to settle complaints for disciplinary decisions to dismiss officials who have been sued;

dd) Having participated in issuing decisions to settle competition cases, decisions to settle complaints about the decisions to settle competition cases which have been sued;

e) Having participated in the preparation of voters' list of the National Assembly election, voter’ list of deputies of the People's Council election who have been sued.

5. During the course of participating in the proceedings, if finding that the procedure-conducting persons have acts of law violation, cause trouble or obstruct the implementation of their rights and obligations of proceedings as prescribed by law, the legal aid performers have the right to lodge a complaint under the provisions of procedural law while making a report to the legal aid organizations.

Article 6. Substituting the legal aid performers participating in the proceedings

The legal aid performers participating in the proceedings shall be substituted in the following cases:

1. The procedure-conducting agency refuses to issue certificate of proceedings participation as prescribed in Article 12 of this Joint Circular.

Within 02 working days, after receiving the written refusal to issue certificate of proceedings participation, the legal aid organization shall appoint the substitute legal aid performer. In case of disagreement with the procedure-conducting agency’s refusal, the legal aid organization or legal aid performer has the right to lodge a complaint as prescribed by procedural law but shall appoint a substitute.

2. The procedure-conducting agency revokes certificate of proceedings participation in accordance with Article 13 of this Joint Circular.

Within 01 working day after receiving the decision on revocation of certificate of proceedings participation from the procedure-conducting agency, the legal aid organization shall appoint a substitute, except for cases specified at Point d, Clause 1, Article 13 of this Joint Circular (Decision on substitute appointment under the form TP-TGPL-4B issued together with Decision No. 03/2007/QD-BTP dated June 01, 2007 of the Minister of Justice on issuing a number of forms used in legal aid activities).

Chapter 3.

RESPONSIBILITY OF COMPETENT PERSON AND PROCEDURE-CONDUCTING AGENCY, DETENTION CENTER AND REMAND HOME

Article 7. Responsibility of procedure-conducting agency

1. Issuing, refusing and revoking Certificate of proceedings participation as prescribed in Article 10, 12 and 13 of this Joint Circular.

2. Posting the bulletin on legal aid, placing legal aid infobox; free distributing legal brochures, application form for legal aid and legal materials concerning the legal aid at citizen meeting places of their agencies.

3. Requesting the Center or branch to coordinate the implementation of communication activities and make guidance on legal aid.

4. Notifying the time and location to interrogate the accused and defendant or person held in custody to the legal aid performer as a attending counsel.

5. For the trial, the Court shall notify the trial schedule in writing to the legal aid organization and the legal aid performer that have been issued with certificate of proceedings participation at least 10 days prior to the trial day. For cases to be judged by the reduced procedures, the Court shall notify the trial schedule in writing to the legal aid organization and the legal aid performer that have been issued with certificate of proceedings participation at least 07 days prior to the trial day. The Court shall specify in the judgment and decision the name and title of the legal aid performer and appointed to participate in the proceedings by the legal aid organization or their view points upon defending, representing and protecting the rights of legal aid receivers

6. Ensuring that the legal aid performer upon participation in proceedings under Article 29 of the Law on legal aid will fulfill the rights and obligations of the counsel, the defender of the litigant’s legal rights and interests in criminal cases; the representative and the defender of the plaintiff’s legal rights and interests, the persons having rights and obligations involved in administrative cases as prescribed by procedural law and law on legal aid; certifying the time during which the legal aid performer has worked and studied dossiers at it agency.

7. During the participation in the proceedings, if finding that the legal aid performer has acts of violation of law, the procedure-conducting agency shall apply handling measures as prescribed by law and notify the legal aid organization to handle the case within its competence and substitute that legal aid performer.

8. Handing over procedural documents to the legal aid performer who has participated in that case, particularly as follows:

a) In the area of ​​criminal proceedings, the procedure-conducting agency hands over the proceedings decision to the counsel, defender of the litigant’s legal rights and interests in criminal cases, namely: decision to prosecute the case and the accused; decision to apply or change the preventive measures, decision to change or supplement the decisions to prosecute the case and the accused; decision to extend the time limit for investigation of the case, extension of temporary custody or detention (if any); result of investigation; indictment; decision to bring the case to trial; decision to suspend or stop the case; copy of the judgment, notice of the protest, protest decision, cassation hearing decision and re-opening hearing decision (if any).

b) In the area of ​​civil and administrative proceedings, the Court shall hand over the proceedings decision to the representative or defender of litigant’s legal rights and interests in civil cases, the representative or defender of plaintiff’s legal rights and interests, the person having rights and obligations involved in administrative cases, namely: decision to recognize the litigants’ agreement, decision to settle civil cases, decision to apply, change and invalidate temporary emergency measures, decision to bring the case to trial; decision to suspend or stop the case; copy of the judgment, notice of the protest, protest decision and appellate court hearing decision ( if any).

Article 8. Responsibility of detention center and remand home

1. Performing activities specified in Clause 2 and 3, Article 7 of this Joint Circular.

2. Posting the information leaflet on legal aid in detention or custody cell and general living areas of detainees or people in custody.

Article 9. Responsibility of competent person in procedure-conducting agency, procedure-conducting person; Superintendent and Deputy Superintendent of detention center, Educator warden; Head and Deputy Head of remand home

1. When conducting procedural activities, the procedure-conducting person is responsible for:

a) Giving explanation to the people in custody, the accused, defendants and litigants of their rights and obligations under procedural law, the right to legal aid and guiding them to access information about legal aid. The explanation must be recorded in the proceedings record for filing in case dossiers. When these people are in need of legal aid, they shall be provided with application form for legal aid and helped with writing of application for legal aid, contact address of legal aid organization and they or their relatives or legal representatives shall be helped with procedures for legal aid. In case the detainees or persons held in custody wish to have another legal aid performer in stead of the one appointed by the legal aid organization, they may choose and ask for change of legal aid performer. If these persons do not have legal aid requests, the procedure-conducting shall also specify this in the record.

b) In case the persons arrested under the pursuit decision on and in custody subject to legal aid, the Head, Deputy Head and competent investigation agency’s investigator of place of arrest or receiving of arrestees shall notify and guide the arrestees or their relatives or representative to contact the legal aid organization under the area of procedure-conducting agency which is handling the case to perform the procedures for legal aid request.

2. Superintendent and Deputy Superintendent of detention center, Educator-warden, Head and Deputy Head of remand home are responsible for:

a) Giving explanation to detainees and people in custody of their rights and obligations under procedural law; rights to legal aid. When these persons in are in need of legal aid, they shall be helped with application writing for legal aid to be submitted to the legal aid organization at the place where the legal aid receiver has requested or in the area where the head office of procedure-conducting agency handling the case or at the place where the detention center and remand home are located;

b) Facilitating the legal aid performer to contact the detainees and person held in custody as prescribed by law;

c) Certifying the time the legal aid performer has contacted the detainees and person held in custody

Chapter 4.

ISSUANCE, REFUSAL, REVOCATION AND EFFECT OF CERTIFICATE OF PROCEEDINGS PARTICIPATION

Article 10. Issuing certificate of proceedings participation

Heads and Deputy Heads of the investigating agency at all levels, Director, Deputy Director of the Procuracy at all levels, President of Tribunal, Vice President of Tribunal, Judge and Court Clerk at all levels shall issue certification of counsel, certificate of defender of litigant’s legal rights and interests in criminal cases; Court Judge assigned to settle civil and administrative cases shall issue certificate of defender of litigant’s legal rights and interests in civil cases; defender of plaintiff’s legal rights and interests, persons having rights and obligations involved in administrative cases (hereafter referred to as certificate of proceedings participation) to the legal aid performer as prescribed in Article 39 of the Law on legal aid as follows:

1. Issuing certificate of proceedings participation

a) For legal helper and lawyer collaborators

Within 03 working days after receiving the Center and branch’s decision to appoint person for proceedings participation (under the form No. TP-TGPL-4A issued together with Decision No. 03/2007/QD-BTP dated June 01, 2007 of the Minister of Justice on issuing a number of forms used in legal aid activities) together with a copy of legal helper Card for person appointed as legal helper; a copy of legal helper collaborator Card and lawyer Card for person appointed as lawyer collaborator, the procedure-conducting agency which is handling the case shall record the case into the handling book and issue certificate of proceedings participation to the legal aid performers.

In case the legal helpers and lawyer collaborators do not come to the procedure-conducting agency personally to receive the certificate of proceedings participation, the accompanying papers as specified above (legal helper Card, legal helper collaborator Card and lawyer Card) must be certified copies.

In case of defense for persons held in custody, the investigation agency shall issue certification of proceedings participation to the persons appointed to participate in the proceedings within 24 hours after the receipt of the decision to appoint persons to participate in the proceedings.

b) When requesting the issuance of Certificate of proceedings participate, the lawyers shall present the following papers

- Lawyer Card;

- Written request for lawyer from the person held in custody, the accused, defendant or other people or lawyer appointment document from the legal aid organization where that lawyer is practicing.

Within 03 working days or 24 hours for detention case, after fully receiving valid papers, the procedure-conducting agency shall issue certificate of proceedings participation to the lawyer. In case of refusal, there must be a written notice stating the reasons.

2. The legal aid performers participating in legal aid shall be issued with certificate for proceedings participation in their capacity as follows:

a) Legal helpers participating in criminal proceedings as a legal representative of person held in custody, the accused, defendant; defender of litigant’s rights as prescribed in Article 59 of the Code of Criminal Procedure, Point b, Clause 3, Article 21 of the Law on legal aid;

b) Legal helpers participating in civil proceedings as representative or defender of litigant’s legal rights and interests in civil cases as prescribed in Clause 16, Article 1 of the Law amending and supplementing a number of articles of Code of Civil Procedure;

c) Legal helpers participating in administrative proceedings as defender of plaintiff’s legal rights and interests and persons having relevant rights and interests as prescribed at Point b, Clause 2, Article 55 of Code of Administrative Procedure;

d) Lawyer collaborators and lawyers participating in the proceedings as: a counsel for person held in custody, the accused, defendant and defender of litigant’s legal rights and interests in criminal cases; representative and defender of litigants’ legal rights and interests in civil cases; representative and defender of defendant’s legal rights and persons having rights and interests in administrative cases.

3. Receiving certificate of proceedings participation

a) Legal helpers and lawyer collaborators appointed by the Center or Branch to participate in the proceedings shall come to the procedure-conducting agency personally to receive their Certificate of proceedings participation. When receiving, they shall present their legal helper Card for legal helpers and legal helper collaborator Card and lawyer Card for lawyer collaborators.

If the legal helpers and lawyer collaborators do not come to the procedure-conducting agency to receive their Certificate of proceedings participation for objective reasons, they shall send additional copy of legal helper Card, collaborator Card and lawyer Card to the procedure-conducting agency.

If the legal helpers and lawyer collaborators do not come to the procedure-conducting agency personally as prescribed in Paragraph 2, Point a, Clause 1 and Paragraph 2, Point a, Clause 3 of this Article, to the procedure-conducting agency shall send them their Certificate of proceedings participation by registered mail or expressed mail.

b) Lawyer requesting the issuance of Certificate of proceedings participation shall come to the procedure-conducting agency personally by appointment on the receipt to receive Certificate of proceedings participation.

If lawyer does not come to the procedure-conducting agency personally to receive Certificate of proceedings participation, the procedure-conducting agency shall send the Certificate of proceedings participation to the lawyer by registered mail or express mail.

Article 11. Validity of Certificate of proceedings participation

1. In the field of criminal proceedings, if the legal aid performer participates in any stage, then the Certificate of proceedings participation shall be issued by the procedure-conducting agency of that stage and is valid to the end of the case, even when the case needs additional investigation, except that the Certificate of proceedings participation is revoked.

In case of resumption of case investigation, separation or merger, the legal aid performer shall continue participating in the proceedings to the end of the case. If the case needs re-investigation, the Certificate of proceedings participation shall be re-issued under the procedures prescribed in Article 10 of this Joint Circlar.

2. In the field of civil or administrative proceedings, the issuance of Certificate of proceedings participation to the legal aid performer shall be done by the Court which is handling the civil or administrative case and this Certificate is valid to the end of the case.

In case of separation and merger of case, the legal aid performer shall continue participating in the proceedings to the end of the case. In case the case is retried, the Certificate of proceedings participation shall be re-issued under the procedures prescribed in Article 10 of this Joint Circular.

If the legal aid performer is substituted as prescribed by the procedural law and law on legal aid, the issuance of Certificate of proceedings participation to the substitute shall comply with provisions of Article 10 of this Joint Circular.

Article 12. Refusal to issue Certificate of proceedings participation

if the procedure-conducting agency refuse to issue Certificate of proceedings participation to the legal aid performer, within 03 working days after receiving decision to appoint the proceedings participant, the procedure-conducting agency shall notify in writing to the legal aid organization stating the reasons for refusal.

Article 13. Revocation of Certificate of proceedings participation

1. The legal helper whose Certificate of proceedings participation is revoked in the following cases:

a) Performing one of the acts seriously prohibited specified in Clause 1, Article 9 of the Law on Legal Aid.

b) Violating the counsel’s obligation specified at Point d, e, Clause 3 of Article 58 of the Code of Criminal Procedure; being substituted and prohibited from participating in the proceedings as prescribed by the procedural law and law on legal aid.

c) Being dismissed as prescribed in Clause 2, Article 10 of Decree No. 07/2007/ND-CP dated January 01, 2007 of the Government detailing and guiding the implementation of a number of articles of the Law on Legal Aid.

d) The legal aid receiver has withdrawn his/her legal aid requests.

dd) The legal aid organization requires the substitution of the legal aid performer.

2. The collaborator lawyers and lawyers whose Certificates of proceedings participation are revoked in the following cases:

a) Performing one of the acts seriously prohibited specified in Clause 1, Article 9 of the Law on Legal Aid, Clause 1, Article 9 of the Law on Lawyers amended and supplemented in Clause 3, Article 1 of the Law No. 20/2012/QH13 amending and supplementing a number of articles of the Law on Lawyers.

b) Being revoked the Certificate of lawyer practice specified in Clause 1, Article 9 of the Law on Lawyers amended and supplemented in Clause 9, Article 1 of the Law No. 20/2012/QH13 amending and supplementing a number of articles of the Law on Lawyers.

c) Being subject to cases specified at Point b, d and dd, Clause of this Article;

d) The lawyer whose Certificate of proceedings participation is revoked when the legal aid organization terminates its participation in legal aid specified in Article 19 of the Law on Legal Aid.

3. The procedure-conducting agency which has issued Certificate of proceedings participation to the legal aid performer has the right to revoke that Certificate. The written revocation shall be sent to the person whose Certificate of proceedings participation is revoked and the legal aid organization.

4. If the procedure-conducting agency at the later stage finds that the legal aid performer who has been issued Certificate of proceedings participation at the previous stage is not eligible for participating in the proceedings, it shall revoke the Certificate of proceedings participation and notify the procedure-conducting agency which has issued Certificate of proceedings participation, the legal aid organization and the legal aid performer.

The reservation of result of proceedings participation in criminal cases of the person whose Certificate of proceedings participation is revoked shall be decided by the procedure-conducting agency. For civil or administrative cases, the legal aid receiver shall decide the reservation and notify that to the legal aid organization.

5. When the legal helpers whose legal helper Card are revoked, the lawyer collaborators whose lawyer Card or legal aid collaborator Card are revoked, the lawyers whose lawyer Cards are revoked or substituted as prescribed in Clause 2 and 3, Article 45 of the Law on Legal Aid. In case of termination of legal aid as prescribed in Article 19 of the Law on Legal Aid, the legal aid organization must notify in writing to the procedure-conducting agency in order to revoke Certificate of proceedings participation;

6. When the legal aid performer whose Certificate of proceedings participation is revoked or substituted, he/she shall terminate procedural activities from the time of revocation or substitution of Certificate of proceedings participation.

Chapter 5.

INTER-SECTORAL COORDINATION BOARD IN PROCEDURAL ACTIVITIES

Article 14. Inter-sectoral coordination Board in procedural activities at the Central

1. Establishing the inter-sectoral coordination Board in procedural activities at the Central (hereafter referred to as Central inter-sectoral coordination Board) to assist the Minister of Justice, Public Security, Finance, Defense, President of Tribunal of Supreme People’s Court, Director of Supreme People’s Procuracy to uniformly direct the legal aid in procedural activities.

2. The Minister of Justice shall decide to establish the Central inter-sectoral coordination Board after having uniform opinion on inter-sectoral personnel at the Central.

The Central inter-sectoral coordination Board consists of Minister of Justice; Deputy Minister of Ministries: Justice, Public Security, Defense, Finance; Deputy Director of Supreme People’s Procuracy, Vice President of Tribunal of Supreme People’s Court and Director of Legal Aid Department under the Ministry of Justice. The Minister of Justice is the Chairman of the Board. The Board members work under the pluralism. The Ministry of Justice is the standing agency of the Central inter-sectoral coordination Board and shall coordinate activities of the Central inter-sectoral coordination Board specified in Clause 3 of this Article. The Board uses the seal of the Ministry of Justice.

3. The Central inter-sectoral coordination Board shall assist inter-sectoral leadership to study, direct, guide, inspect the implementation of legal aid in the proceedings; make statistics and report cases of legal aid in procedural activities; set out necessary measures to settle problems in coordination and enhance the efficiency of legal aid coordination in the proceedings; make annual preliminary and final review to assess the implementation of this Joint Circular; propose awards from the Minister of Justice; propose the handling of violation from the sectoral leadership; settle or propose to settle problems arising in the practical coordination activities. The meetings of the Central inter-sectoral coordination Board shall have the attendance of the national Bar Association’s representative.

4. Assisting the Central inter-sectoral coordination Board is the assistant Team. The Chairman of the Central inter-sectoral coordination Board shall decide the establishment of assistant Team which consists of leadership of functional units of Ministry of Justice, Public Security, Finance, Defense, Supreme People’s Procuracy and Supreme People’s Court.

Article 15. Inter-sectoral coordination Board in procedural activities at localities

1. Establishing the Inter-sectoral coordination Board on legal aid in procedural activities in provinces and centrally-affiliated cities (hereafter referred to as local inter-sectoral coordination Board) to assist Service of Justice, Director of Public Security, Director of Service of Finance, Director of provincial People’s Procuracy, President of Tribunal of provincial People’s Court and military zone Commander where the head office is located or provincial military Command (for areas without military zone Command) to uniformly direct the legal aid coordination in local procedural activities.

2. Chairman of provincial People’s Committee shall decide to establish the local inter-sectoral coordination Board at the proposal of Director of Service of Justice after having uniform opinion of the local inter-sectoral leadership.

The local inter-sectoral coordination Board includes leadership representatives of agencies: Justice, Public Security, Finance, People’s Procuracy, provincial People’s Court, Office of military zone Command where the head office is located or provincial military Command (for areas without military zone Command) and Director of Centers.

Director Service of Justice is the Chairman of the Board. The Board members work under the pluralism. The Board uses the seal of the Service of Justice which is the standing agency of the local inter-sectoral coordination Board and shall coordinate the activities of the Board as prescribed in Clause 3 of this Article.

3. The local inter-sectoral coordination Board shall assist sectoral leadership at localities to direct, guide, monitor, inspect and coordinate under this Joint Circular, settle problems arising at localities; annually assess the quality of proceedings participation of the legal aid performer, legal collaborator’s activities of cadres, officials and officers of sectors; make statistics and report cases of legal aid in the local procedural activities; make annual preliminary and final review and report to the sectoral leadership and the Central inter-sectoral coordination Board on the implementation of this Joint Circular; propose awards from Chairman of provincial People’s Committee and Director of Service of Justice; propose the handling of violation from sectoral leadership.

The meetings of the local inter-sectoral coordination Board with the attendance of representative of Bar Association, representative of Procuracy, Court, area investigation agency of the army, border Guard, detention Center.

4. Assisting the local inter-sectoral coordination Board is the assistant Team. The Chairman of the local inter-sectoral coordination Board shall decide to establish the assistant Team which consists of Center leadership, division-level representative of agencies: Public Security, Finance, provincial People’s Procuracy, People’s Court, Office of military zone Command where the head office is located or provincial military Command (for areas without military zone Command) and Director of Centers.

5. Annually, the sectors as members of the local inter-sectoral coordination Board shall make report under the form for submission to the standing agency of the local inter-sectoral coordination Board no later than the 25th date of October. The standing agency of the local inter-sectoral coordination Board shall make report under the form (TT-TGPL issued together with this Joint Circular) for submission to the standing agency of the Central inter-sectoral coordination Board no later than the 5th date of November, The time for reporting data collection is from the 1st of October of previous year to the 30th date of September of the following year.

Chapter 6.

IMPLEMENTATION ORGANIZATION

Article 16. Responsibility for implementation

1. Ministry of Justice, Public Security, Defense, Finance, Supreme People's Procuracy, Supreme People's Court; Service of Justice, Public Security, provincial People’s Procuracy and People’s Court, military zone Command or provincial military Command (for areas without military zone Command) shall thoroughly grasp, direct, monitor and inspect the units concerned under their management in fully implementing the contents specified in this Joint Circular.

2. Agencies of Defense, Public Security, Procuracy and Court shall encourage and create favorable conditions for cadres, officials and officers working at their agencies and organizations as legal aid collaborators to give legal advice to the legal aid receivers. The legal advice must be in accordance with provisions of law and rules and regulations of that sector.

Article 17. Funding for implementation

1. Funding for implementation of legal aid coordination in procedural activities is estimated in the funding of state budget annually allocated of each sector, including:

a) Funding for general preliminary and final review on local coordination, placement of bulletin and information leaflet, legal aid infobox, legal brochure and other relevant documents estimated in the annual budget funding of the Centers.

b) Funding for organization of training for officials of procedure-conducting agencies estimated in general activity funding of these procedure-conducting agencies.

c) Funding for payment of case allowance for legal helpers and remuneration for lawyer collaborator made by the Centers and Branches as prescribed by current regulations.

d) Funding for inspection and assessment of legal aid coordination; material duplication, preliminary and final review, assessment of central and local coordination of each sector estimated in the annual budget funding of that sector.

dd) Funding for individual and collective awards shall comply with regulations of law on emulation.

2. The members of inter-sectoral coordination Board and members of assistant Team for the Board are entitled to remuneration. The remuneration level of the members of inter-sectoral coordination Board and members of assistant Team is 0.3 of minimum wage / person / month.

3. Annually, the Procuracy, Court, provincial-level Public Security, military zone Command or provincial-level military Command shall prepare estimate for the legal aid coordination activities in the procedural activities and submit it to the Central governing agency for aggregation and submission to the competent authority for approval and allocation of operating funds. The Service of Justice shall prepare estimate of funds for the legal aid coordination activities in the procedural activities in annual general activities and submit it to the competent authority for approval.

Annually, the Supreme People’s Procuracy, the Supreme People’s Court and the Ministry of Public Security shall aggregate the proposal for funds for legal aid coordination in procedural activities of provincial-level. The Minister of Justice, Defense shall prepare estimate of funds for legal aid coordination activities in procedural activities in the total funds of annual general activities and submit it to the competent authority for approval.

Article 18. Transitional provision

The inter-sectoral coordination Board on legal aid in Central procedural activities and the inter-sectoral coordination Board on legal aid in local procedural activities established under the provisions of the Joint Circular No. 10/2007/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated December 28, 2007 of the Ministry of Justice, Public Security, Defense, Finance, Supreme People's Procuracy and Supreme People's Court guiding the application of a number of regulations on legal aid in procedural activities shall continue operating under the provisions of this Joint Circular.

Within 03 months after the effective date of this Joint Circular, provincial-level People’s Committee shall consolidate the inter-sectoral coordination Board on legal aid in local procedural activities as prescribed by this Joint Circular.

Article 19. Effect

1. This Joint Circular takes effect on August 21, 2013 and supersedes the Joint Circular No. 10/2007/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated December 28, 2007 of the Ministry of Justice, Public Security, Defense, Finance, Supreme People's Procuracy and Supreme People's Court guiding the application of a number of regulations on legal aid in procedural activities.

2. During the course of implementation, any difficulty or problem arising should be promptly to the Ministry of Justice, Public Security, Defense, Finance, Supreme People's Procuracy and Supreme People's Court for consideration and guidance on implementation or amendment or supplementation accordingly./.

 

FOR THE MINISTER OF PUBLIC SECURITY
DEPUTY MINISTER




Le Quy Vuong

 

FOR THE MINISTER OF JUSTICE
DEPUTY MINISTER




Nguyen Thuy Hien

FOR THE MINISTER OF
DEFENSE
DEPUTY MINISTER




Nguyen Thanh Cung

 

FOR THE MINISTER OF
FINANCE
DEPUTY MINISTER




Truong Chi Trung

FOR THE DIRECTOR OF SUPREME PEOPLE’S PROCURACY
DEPUTY DIRECTOR




Tran Cong Phan

FOR THE PRESIDENT OF TRIBUNAL OF SUPREME PEOPLE’S COURT
VICE PRESIDENT




Dang Quang Phuong

 


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Lược đồ Joint circular No. 11/2013/TTLT-BTP-BCA-BQP Law on legal aid in procedural activities


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            Joint circular No. 11/2013/TTLT-BTP-BCA-BQP Law on legal aid in procedural activities
            Loại văn bảnThông tư liên tịch
            Số hiệu11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC
            Cơ quan ban hànhBộ Công An, Bộ Quốc phòng, Bộ Tài chính, Tòa án nhân dân tối cao, Viện kiểm sát nhân dân tối cao, Bộ Tư pháp
            Người kýĐặng Quang Phương, Trương Chí Trung, Trần Công Phàn, Nguyễn Thúy Hiền, Nguyễn Thành Cung, Lê Quý Vương
            Ngày ban hành04/07/2013
            Ngày hiệu lực21/08/2013
            Ngày công báo...
            Số công báo
            Lĩnh vựcBộ máy hành chính, Thủ tục Tố tụng
            Tình trạng hiệu lựcCòn hiệu lực
            Cập nhật9 năm trước

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                  Văn bản gốc Joint circular No. 11/2013/TTLT-BTP-BCA-BQP Law on legal aid in procedural activities

                  Lịch sử hiệu lực Joint circular No. 11/2013/TTLT-BTP-BCA-BQP Law on legal aid in procedural activities

                  • 04/07/2013

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                  • 21/08/2013

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