DECREE

Modify, add some of the provisions of the Digital Protocol 07 /2007/NĐ-CP January 12, 2007 of the Government

details and guidelines for some of the provisions of the Legal Aid Law

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Government Law Base December 25, 2001;

Legal Aid Base on June 29, 2006;

On the recommendation of the Minister of Justice;

The government issued the revised decree, adding some of the provisions of the Protocol. 07 /2007/NĐ-CP January 12, 2007, the Government provides for the implementation of the Law of Legal Aid.

What? 1. Modified, add a number of quantitative provisions 07 /2007/NĐ-CP January 12, 2007 of the Government rules the details and guidelines for the implementation of some of the provisions of the Legal Aid Act as follows:

1. Point 2, Clause 3, Clause 4, Clause 7 Articles 2 are modified and add 8 to Article 2 as follows:

" 2. The person with the right to life is provided by the legal aid in paragraph 2 Article 10 Legal Aid Laws including:

l) Father, mother, wife, husband of the martyr; the son of the martyr; and he was raised in his hand.

3. The elderly are given legal assistance in paragraph 3 Article 10 The legal aid is the person aged 60 years or older, living alone, without a place of refuge.

4. Persons with disabilities under the Disability Law who are defective to one or more body parts or impaired function expressed in the form of a disability that makes labor, living, learning to have difficulty; the person who is infected with toxins, is infected. HIV without a place of refuge.

7. Other subjects are legally assisted by regulation at the international convention that the Socialist Republic of Vietnam is a member.

The Minister of Justice guidelines on the person who is given legal assistance under international treaties stipulated at this clause.

8. Victims by statute of law, anti-human rights. "

2. paragraph 5 Article 8 is modified, adding as follows:

" 5. Responsible for the damages of the damages of the Assistant Legal Aid, the Legal Aid section of the Centre is in the process of carrying out legal assistance to the help of the legal aid. "

3. Clause 1 Article 9 is modified, added as follows:

" 1. The Centre has the Director, Deputy Director, Legal Aid and other official. Director, Deputy Director of the Center must be Legal Aid. "

4. Title 10, Clause 1 and Point 2 Section 4 Article 10 are modified, adding as follows:

" Article 10. The standard of appointment, dismissal, the Director of Central Director

1. The following qualified person is recommended as Director of the Center:

a) As a legal assistant.

b) There is managerability;

c) There is a time of continuous law work from five years or more.

4. The Director of the Center is removed from the post as one of the following cases:

c) Being disciplined by the form of management of the position of management is in accordance with the provisions of the law on public affairs. "

5. Clause 1 Article 13 is modified, added as follows:

" 1. The branch has the Head of the Branch, the Legal Aid and the other official. The Head of the Branch must be the Legal Aid. "

6. Title 14, Clause 1 and Clause 2 Articles 14 are modified, added as follows:

" Article 14. Public, officials and facilities of the Centre and Branch of the Company

1. Base to the volume of work, properties, professional activity characteristics and the requirements of the legal aid work, the Provincial People ' s Committee decides the number of officials for the Centre and Branch; s guarantee of funding, facilities, jewelry, and more. appliances, vehicles from local budgets and other legal sources of support for the Centre and Branch.

2. The recruitment, use and management of the public, the officer of the Centre's implementation by the provisions of the law of recruitment, use and management of the public, the officer in the career units of the State. "

7. Article 19 is modified, added as follows:

" 1. The person with a bachelor ' s degree in law, who has graduated from a vocational training course, is working in the State Legal Aid Center, which was sent to attend a job as a legal aid worker; if required to test for a career in legal aid. It was helped by the Department of Legal Aid, the Department of Justice, to pay for legal aid by law.

The person who has served as a lawyer by the rules of the Law of Lawyers or granted an attorney general training under the Law of Law, is working in the State Legal Aid Center, which was sent to check for legal restitution for legal aid; if. It is required by the Department of Legal Aid, the Department of Justice, and the Department of Justice, and the Department of Justice, and the Department of Justice, and the Department of Justice, and the Department of Justice, and the Department of Justice, and the Department of Justice.

2. The Minister of Justice rules on the program, the time of the training of the welfare of the legal aid to the Legal Aid; enacted the Organizational Statute, the examination and the certification of a certificate of legal aid to the legal aid. "

8. Article 25 is modified, adding as follows:

" Article 25. Legal Aid Threshold

1. Legal aid has the statutory tranche as prescribed by the law.

2. Minister of Internal Affairs enacted the number of legal aid tranche.

3. Minister of Justice to issue a standard of legal aid quotas. "

9. Clause 1 and Clause 3 Articles 26 are modified, adding as follows:

" 1. Legal aid is paid and paid according to the payroll of the law according to the law.

3. Legal Aid is entitled to a profession of responsibility by a 25% degree of salary that resonated with the leadership of leadership and sub-framing allowance (if any). When participating in the proceedings, performing outside proceedings, mediation, the Assistant Legal Aid is entitled to the employment of 20% of the work imposed on the associate. "

10. Additional Article 26a as follows:

" 26a. Assistant Legal Aid.

1. The legal aid is issued separately.

2. The Minister of Finance unified with the Minister of Justice specifically stipulated on the level of atdress to the Legal Aid.

3. The Minister of Justice rules the atdress, the management, use of the submission of the Legal Aid. "

11. Article 32 is restructured the points as follows:

" When it comes to legal assistance, the associate has the rights and obligations of regulation at Article 25 Legal Aid, which has the right to the following:

1. Being received fostering and reasonable administrative costs under the rule of law in the specific incident;

2. Being proposed, the petition for the expansion and raising of the operational efficiency of the Center;

3. Be praised, commendable when there is a record in the legal aid work;

4. Use an associate membership card at Article 29 of this decree; submit your associate membership card when revoked by regulation at Article 30 This decree;

5. Take responsibility before the Director of Central and before the law on the implementation of his legal aid. In the case of the branch, the chief of the branch shall be in charge of the Chief of the Branch.

6. In the case of a partner who performs the legal aid that causes damage, the Centre where the person is responsible is in charge of compensation. The agent caused the damage to the Centre for the Law of the Civil Law.

7. Report periodically and break down at the request of the Centre; in time to report the problems that arise during the implementation of the legal aid and propose a resolution with the Central leadership. "

12. paragraph 2 Article 33 is modified, added as follows:

" 2. The associate enjoyed fostering in the legal aid case that carried out the base on the hours of legal advice and other forms of legal aid. Working-day fostering is applied to legal aid cases performed by the associate in the form of litigation, representation in addition to proceedings.

The level of fostering legal assistance to the community is based on the quality of the legal aid, the time of the legal aid, the complex nature of the legal aid, the form of the help of legal aid. The form of legal aid.

In the case of a legal aid in the form of participation, the fostering is paid to an associate of 0.2 minimum wage hours/1 day of work by the collaborator.

The time of implementation of the legal aid includes time of case study of the case and preparation of documentation for the implementation of legal assistance, meeting time, contact with the help of their legal or personal assistance, the time of verification of the incident. With legal assistance, the time of employment in agencies, organizations, individuals involved in the legal aid case. The base to determine the working time of the collaborator is the confirmed working time of the agency, the organization, the relevant individual. "

13. Clause 3 Article 35 is modified, added as follows:

" 3. The Centre or Branch organizes the support for legal action. When carrying out the legal, Centre, branch, the branch is recommended by the agency, the department, the relevant sector in the locality of the participating representative. Participants in the aid of the legal action are entitled to the regime, the prescribed policy for the cadres, the public, the officer goes to work. "

14. Article 36 is modified, adding as follows:

" 1. The legal aid club is a form of community legal aid that facilitones the legal assistance, the poor, and the people with local law participation. Through legal counsel, the club helps the legal aid to improve law enforcement to implement legislation, to deal with the law, to protect its rights, to the benefit of its own.

2. The legal aid club is subject to the state administration of the Social People ' s Committee. The cost of living the Legal Aid Club includes the cost of copying the document and some other reasonable details due to the Center's Responsable Center, the Social People's Committee to facilitate, support for location and drinking water.

3. The chairman of the Social People's Committee decides to establish and approve the provisions of the Legal Aid Club on the basis of a sample charter of the Legal Aid Club issued by the Minister of Justice. "

15. Clause 1 and Clause 2 Articles 41 are modified, adding as follows:

" 1. When there is enough grounds that it has been too long the regulation that the state agency has the authority not to resolve the incident or not take on account of the incident or the outcome of the settlement unfit with the rule of law, damages the person. With legal aid, the practice of aiding legal aid with the state agency has the authority to consider solving the case to protect rights, the legitimate interests of the aid of the aid. When the petition, the organization implementing the legal aid must specify the content of the incident, the law base is applied, the direction to resolve the incident and is responsible for the validity of the petition.

2. The state agency has the authority to resolve the incident when receiving the petition text of the organization implementing legal assistance that is responsible for review, addressing and responding in writing in the thirty-day period, since the date of receiving the petition; in the case. The case for the correct reason is that the upper term may be extended, but no more than forty-five days, except for other regulated law cases.

In the case of the above term above which the state agency has the authority not to resolve the incident or not answer, the organization implementing legal assistance is petiated with the state-level state agency directly on the authority of the state authority to address it. The rules of the law. The state agency is directly responsible for directing, handling the incident with a petition for a period of thirty days, since the date of receiving the petition and written notice to the organization carrying out the legal assistance of the outcome of the settlement. "

16. Clause 1 and Clause 2 Articles 43 are modified, added as follows:

" 1. Assessing the quality of the legal aid is the application of quality criteria for legal aid to evaluate the process of making legal aid, adhering to the rule of profession, and the application of the law of the person carrying out legal assistance; create the basis to determine the responsibility of the person who facilitones legal assistance to the case of legal assistance.

2. The criteria for evaluating the quality of legal aid includes the following key content: Creating the facilitant facilitation of the legal assistance, presenting and providing information on the case of legal assistance; the legal aid is carried out by the law. ensure comprehensive and timely assurance; legal aid in accordance with the law and social ethics; the sequence, the practice procedure, and the process.
Legal assistance in accordance with the rules of the law; the person who is helped with the legal satisfaction of spirit, service attitude, execution, legal assistance, legal aid; the case of the aid of legal aid is established in accordance with the rule of law. "

What? 2. Effect of execution

This decree came into effect on 31 March 2013.

What? 3. Responsibility

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.