DECREE amending and supplementing a number of articles of Decree No. 7/2007/ND-CP dated 12 January 2007 from the Government detailing and guiding the implementation of some articles of the law legal help _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on legal assistance of 29 June 2006;
According to the recommendation of the Minister of Justice;
The Government issued the decree amending and supplementing a number of articles of Decree No. 7/2007/ND-CP dated 12 January 2007 from the Government detailing and guiding the implementation of some articles of the law on legal aid.
Article 1. Amendments and supplements to some articles of Decree 7/2007/ND-CP dated 12 January 2007 from the Government detailing and guiding the implementation of some articles of the law on legal assistance are as follows: 1. Point k item 2, Clause 3, paragraph 4, Article 7, Paragraph 2 was modified and added to article 8 paragraph 2 as follows "2. the people of the revolution are legal assistance stipulated in item 2 article 10 of law legal aid includes: k) the father, mother, wife, husband of martyrs; the son of the martyr; people feeding the martyr.
3. The elderly legal assistance stipulated in paragraph 3 article 10 of law legal aid is enough people from 60 years of age, living alone, no refuge.
4. Disabled people according to law is the defective one or more body parts or impaired function is expressed makes disabled workers, living, learning difficulty; the chemical toxins, infection with HIV infection without refuge.
7. Other objects are legal aid under the provisions of the international treaties to which the Socialist Republic of Vietnam is a member.
The Minister of Justice guide to the legal assistance under international treaties specified in this paragraph.
8. Victims in accordance with the law, against the purchase. "
2. Clause 5 article 8 be amended and supplemented as follows: "5. Responsible for damages due to the fault of help legal members, collaborators of the center of legal assistance in the implementation process for the legal aid legal assistance."
3. Clause 1 article 9 be amended and supplemented as follows: "1. The Centre has a Director, Deputy Director, legal staff assistance and other officials. The Director, Deputy Director of the Center to help staff is legal. "
4. Subject to article 10, paragraph 1 and point c paragraph 4 Article 10 be amended and supplemented as follows: "article 10. Standard appointment, dismissal, resignation Director 1. People have enough following the standards recommended the appointment as Director of the Center: a) Is a member of the legal aid;
b) have the management capacity;
c) working time law continuously from five years upwards.
4. Center Director dismissed as belonging to one of the following cases: c) Were disciplined in the form of management positions held are kept under the provisions of the law on public servants. "
5. Paragraph 1 article 13 be amended and supplemented as follows: "1. The Branch has the head of a branch campus legal help, and other officials. Head of the branch campus legal help should be. "
6. Article 14, title and paragraph 1 clause 2 article 14 be amended and supplemented as follows: "article 14. Public officials, employees and facilities of the Centre and branches 1. Based on the volume of work, nature and characteristics of operation and professional expertise required by the work of legal aid, the provincial people's Committee decided the number of employees for the Center and branch; guaranteed funding, infrastructure, equipment, means of work from local budgets and other sources of legal support for the Centre and branch.
2. The recruitment, use and management of public servants, employees of the Center made under the provisions of the law to recruit, use and management of public servants, employees of the business units of the State. "
7. Article 19 is amended and supplemented as follows: "1. The Bachelor of law, have graduated from vocational training to lawyers, are working in the Center for legal assistance to the State, was sent to attend professional training courses for legal assistance; If check out professional training courses for legal aid, the legal aid Department, the Department of Justice certificate of professional training for legal aid under the provisions of the law.
Who is Attorney at law lawyers or are exempt from training the legal profession in accordance with the law on lawyers, are working in the Center for legal assistance to the State, was checking the improving legal assistance; If check out professional training courses for legal aid, the legal aid Department, the Department of Justice certificate of professional training for legal aid under the provisions of the law.
2. The Minister of justice program regulations, time courses with professional training for legal aid help legal staff turnover; organizational regulations issued, checked and certified professional training courses in legal aid. "
8. Article 25 be amended and supplemented as follows: "article 25. Help legal staff turnover 1. Member of the legal aid officer ranks under the provisions of the law.
2. The Minister of the Interior issued the code whether the members of the legal aid officer.
3. The Minister of Justice issued professional standards in the legal aid staff turnover. "
9. Paragraph 1 and paragraph 3 Article 26 be amended and supplemented as follows: "1. the legal staff assistance was paid salary and rated according to whether the payroll officer under the provisions of the law.
3. help the legal officer is entitled to followed responsibility allowance by 25% of current salary to enjoy plus a stipend and allowance leadership beyond the frame (if available). When participating in the proceedings, made representations in addition to litigation, mediation, legal staff assistance to enjoy the training mode by the 20% enrichment level applicable to collaborators. "
10. additional Article 26a as follows: "Article 26a. Costumes of the legal staff assistance 1. Help legal member is granted a private outfit.
2. Minister of finance consistent with the Minister of Justice specifies mode of attire for the legal staff assistance.
3. The Minister of Justice in the model regulations, the management, the use of uniform legal staff assistance. "
11. Article 32 was restructuring the point as follows: "legal aid, collaborators have the rights and obligations stipulated in article 25 of the law on legal assistance, have rights, the following responsibilities: 1. Received the fostering and the reasonable administrative costs under the provisions of the law according to the specific case;
2. Proposed recommendations on expanding and improving the efficiency of operation of the Centre;
3. Be praised, rewarded when there are achievements in the work of legal aid;
4. Use the card work as defined in article 29 of this Decree; return the card when the contributor is revoked under the provisions of article 30 of this Decree;
5. is responsible to the Director of the Center and before the law on the implementation of the legal aid service. In case of working in the branch shall also be responsible before the head of the branch;
6. In the case of collaborators made legal assistance which damage the central place that the partnership is responsible for compensation. Collaborators were responsible for damage reimbursement for the Centre in accordance with the civil legislation;
7. report periodically and irregularly at the request of the Centre; promptly report the problems arising in the process of implementation of legal aid and proposed measures to tackle with the central leadership. "
12. Item 2 Article 33 be amended and supplemented as follows: "2. The contributor is entitled fostering mode according to the legal aid was made based on the number of hours of legal advice and other forms of legal assistance. On fostering mode of work applied for legal aid cases due to work done by the form of proceedings, representation in addition to the proceedings.
Refresher level according to the legal aid service for partners is built based on the quality of legal help content, duration of legal assistance, the nature and complexity of cases legal assistance, form results, form of legal help legal help.
In the case of implementation of legal aid proceedings in form, the enrichment level is paid to collaborators is 0.2/01 on minimum wage work of collaborators.
The time made legal aid includes the time to research the records and prepare documents for the implementation of legal assistance, time to meet, in contact with people who are legal aid or their relatives, the verification time legal aid time, work at the agencies, organizations, individuals are related to legal aid cases. The grounds for determining the working time of employees is the time the work of agencies, organizations, individuals concerned. "
13. Paragraph 3 Article 35 be amended and supplemented as follows: "3. The Center or branch held the reach of legal aid. When done, the legal assistance centre, the recommended branch bodies, relevant departments in coordinating local representatives participate. Legal help participants enjoy the mobile mode, the policy of according to the regulations for public servants. "
14. Article 36 be amended and supplemented as follows: "1. legal aid clubs is an active form of Community legal aid, create conditions for the legal assistance, people in poverty and have people access household obstacles in local laws involved. Through legal advice, the Club helps people get legal help legal awareness to make laws, by themselves solve problems the law, protect the rights, legitimate interests.
2. legal aid clubs under the governance of the people's Committee of the social level. The cost of living to the Club including legal assistance costs for copies of documents and some other reasonable expenditures by responsibility centre, communal level people's committees facilitate, assist on location and drinking water.
3. the President of the people's Committee of social formation and approval of the Charter of the legal aid on the basis of the Charter of the Club model of legal aid by the Minister of Justice issued. "
15. Paragraph 1 and Paragraph 2 Article 41 be amended and supplemented as follows: "1. When there is sufficient evidence that has so defined period which the competent State agencies don't resolve the incident or not receiving the results or the not yet consistent with the provisions of the law , causing damage to the legal assistance organizations made legal aid recommendations with the competent State authorities to consider settling the case to protect the rights, legitimate interests of people who are legal aid. When the Petitions, organizing legal aid must specify the content, pursuant to law is applied, the direction and is responsible for the correctness of the recommendations.
2. the competent State organs to solve the case when getting the text of recommendations of organizations make responsible legal aid review, resolve and respond in writing within a period of thirty days from the date of the petition; in the case of reason, the time limit may be extended on, but not exceeding forty-five days, unless otherwise specified by law.
In this case too the time limit stated above that the competent State agencies do not solve the case or does not answer, the implementation of legal aid are recommendations to the Superior State organs directly by the competent State agencies to resolve under the provisions of the law. The Superior State organs directly responsible for steering, handling the case has recommended within thirty days from the date of the petition and notice in writing to the organizing legal help about the results. "
16. Item 1 and item 2 Article 43 be amended and supplemented as follows: "1. Evaluate the quality of service the legal aid is to apply the criterion of the quality of legal help to evaluate the process of implementation of legal assistance, compliance with professional rules and apply the law of the legal assistance; create the basis to define the responsibilities of the legal aid for legal aid cases.
2. Evaluation criteria the quality legal assistance includes the following principal contents: Create favorable conditions for the legal assistance outreach, presentations and provide information about the legal aid; the legal aid be made ensure the comprehensiveness and timeliness; legal help content consistent with the laws and social ethics; order and procedure for implementing legal aid in accordance with the provisions of the law; who are legal aid mental satisfaction, service attitude, practices, legal help content; the profile service the legal aid was set up in accordance with the law. "it is 2. Effective enforcement of this Decree are effective from March 31, 2013.
Article 3. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.