CIRCULAR additional amendments to some provisions on the procedures of administrative circular No. 05/2008/TT-BTP on September 23, 2008, circular No. 03/2008/TT-BTP dated 25 August 2008 and the circular No. 03/2009/TT-BTP on 09 February 2010 by the Department of Justice _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions duties, powers and organizational structure of the Ministry of Justice;
Implementation of resolution No. 52/NQ-CP on December 10, 2010 by the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of Justice, Ministry of Justice revised, some additional rules of procedure of the administrative circular 05/2008/TT-BTP, circular No. 03/2008/TT-BTP and circular No. 03/2009/TT-BTP as follows.
Article 1. Amendments and supplements to some provisions of the circular No. 05/2008/TT-BTP on October 23, 2008 at the Department of Justice's Guide on legal aid services and the management of legal assistance 1. Paragraph 1, item 2 section I section A was amended and supplemented as follows: "1. check request legal assistance When requested legal aid, the legal assistance must submit 1 record for organizing legal help. The records include: petition for legal assistance, the proof required is a legal assistance and the papers, documents relevant to the case (if any).
When receiving the profile service requests legal assistance, recipients must review, answer right away for the person requesting legal assistance regarding the records qualify for acceptance or to add more papers, relevant documents.
The case requires legal aid was only accepting when there are enough of the following conditions: a) Who require legal aid (hereinafter referred to as the requested) in the legal assistance provided for in article 10 of the law on legal aid and be detailed provisions in article 2 of Decree No. 7/2007/ND-CP on December 7, 2007 by The Government detailing and guiding the implementation of some articles of the law on legal aid (hereinafter referred to as the Decree No. 7/2007/ND-CP) or victims were traded under the provisions of the law on the prevention of the sale.
b) content service the legal assistance accord with the provisions of article 5 of the law on legal aid;
c) legal aid cases in the range perform legal assistance stipulated in article 26 of the law on legal aid;
d) legal aid case not in the case of rejection as stipulated in clause 1 Article 45 of the law on legal aid.
Direct the person to write to the shared tracks, General Service work and conduct legal aid legal assistance or to report organizational leadership made legal assistance assigned the implementation of legal aid (aid staff, collaborators or legal aid lawyer , legal consultant). The shared track, General Service legal aid work are established by model No. 01-TP-TGPL attached to circular No. 05/2008/TT-BTP.
In case the request is missing the proof is a legal assistance or papers, documents related to the case, legal aid recipients must guide they provided additional papers, documents related to the case are accepting. After having received the additional documents, papers or have the basis to verify the procedures for accepting. In the case of unforeseen urgent, which can not provide enough papers or due to legal aid was running out of time or have other reasons requires doing now to avoid causing damage to the rights and legitimate interests of the person who is the legal aid recipients accepting and guides who help with additional paperwork is needed set.
Person receiving legal aid requirements are responsible for copy 1 a from the main or receiving copies of proof in legal assistance to people stored in the profile to check legal help, when needed. In the case of objective reasons which can not copy from a principal must record the symbols, numbers, days, months, years, authority level that papers on the lower part of the menu and ask the person requesting a copy be sent later.
In the case of denied accepting, the receiver must reply in writing and stating the reasons for refusal to the person who has the required knowledge. If the incident in one of the cases were rejected or are rejected and not continue to make legal aid under the provisions of article 45 of the law on legal aid, the receiving application must clearly inform the reason in writing to people who have asked to know. Notice of the denial or don't continue to make legal aid was set up according to the Model number 20-TP-TGPL issued Circular No. 05/2008/TT-BTP.
2. Petition for legal help organizations make legal assistance free application developed for the request (the application form requires legal assistance stipulated in the appendix attached to this circular) or who have requested self written signature or single point only. In the case of people who have requested not to be represented; guardian to change the representative, guardian sign or point form only, except between the request with the representative, a guardian of conflicting rights, legitimate interests.
a) in the case of people who have not written the single receiving must guide them to fill out and sign the form. If they can't write a single person responsible for receiving the full fill the required information on the form, so that they read or reread them and suggested they sign or just point to the menu.
b) in the case of people who have asked relatives like (he, she, her father, mother, spouse, children, siblings were teenagers) or authorize another person to the applicant then in addition proof is a legal help, who to replace the certificate of his identity or authorization of the person signing the request. The applicant instead of stating them, name, identity, residential address and sign the tracking Window, General Service legal aid work.
c) is filed directly at the head office or place of work of the Organization make legal help or submit it directly to the make legal aid (in the case of implementation of legal aid outside the headquarters) or sent to organize legal assistance by mail or by other forms ".
2. additional item 6 in section II of part A of the Guide to legal aid services such as the following: "6. The procedure to change the implementation of legal aid in the case of the legal assistance requested to change the implementation of legal aid do have enough bases to prove who made legal assistance violated the law on legal aid or in one of the the case prescribed in clause 2 Article 45 of the law on legal assistance or to change the law in the proceedings the legal assistance must submit (stating the reason, change the base implementation legal aid) and other documents, papers related to changing requirements (if any) or directly to the legal aid organization where accepting the the legal help to present their claims. This legal assistance organizations must clearly require a change of the legal assistance to their signing or points only.
In case of changing the legal aid shall within a period of not more than 3 days from the date of the application requires changes to the valid legal aid, the Director of the Center, the head of the branch decision changed the legal help and someone qualified to continue the quality legal assistance. The decision to change the implementation of legal aid must be sent to the legal assistance, the agencies, related organizations, and save the profile ".
3. Annuls point paragraph 3 section II part A Guide to legal aid services.
Article 2. Additional amendments paragraph 4 Circular No. 03/2008/TT-BTP dated 25 August 2008 the Department of Justice's guide the implementation of a number of articles of Decree No. 79/2007/ND-CP on May 18, 2007 by the Government on the level a copy from the original book, certified copies from originals, attest the signature such as the following : "4. Endorse the point just under the provisions of Decree No. 79/2007/ND-CP, the individual has the right to request the competent authority to conduct the authentication attest his signature in the document text. In case the person does not sign the certificate request was due to a disability or know not to sign the endorsement signatures are replaced with the point of authentication only.
When the score is only the authentication requests using your thumb to; If not just be by thumb points to the score with just your thumb left; the case could not only by two points, the index finger points only by other fingers and must specify the point only with your fingers, of the hand.
Do not perform attest to score only in the papers, foreign language text. "article 3. Amendments and supplements to some provisions of the circular No. 03/2009/TT-BTP on 09 February 2010 by the Ministry of Justice detailing and guiding the implementation of a number of articles of Decree No. 77/2008/ND-CP 1. Paragraph 3 article 5 be amended and supplemented as follows: "3. The profile of the person who recommended level legal counselor Card includes the following papers: a) grant proposal Paper Cards legal consultant;
b Bachelor of laws);
c) certificate on time the work the recommended person's law. "
2. Repeal clause 5 article 5 registration of legal consulting centre.
3. Clause 2, clause 3 article 6 be amended and supplemented as follows: "2. the registration records branch of legal consulting Center prescribed in clause 5 article 14 of Decree 81/2008/ND-CP comprises the following documents: 1 a) active application (form TP-TVPL-02 specified in circular No. 03/2009/TT-BTP);
b) copies are certified Registration Certificate of the legal advice centre established a branch in the case filing through the postal system, or a copy of business registration Certificate of the legal advice centre established branch and present the originals to reference in the case of direct filing;
c) managing organization's decision on the establishment of branches;
d) certified copies of Attorney Card lawyer or legal counselor Cards of people expected the head of branch in the case filing through the postal system, or a copy of the card of the Attorney or lawyer legal consultant Card of the person who scheduled the head branch in case filing through the postal system and a key for in the case of direct filing;
3. within 5 working days from the date of receipt of a valid application, the Justice Department, where the headquarters of the branch is responsible for granting registration for the branch; in case of refusal, to notify the reasons in writing to the person making the application.
Registration activity of the branch is made up of 2 a; a grant to branch, a backup at the Justice Department. "article 4. Effective enforcement of this circular are effective since January 14, 2011.
The heads of the units of the Department, Director of the Justice Department and other agencies, organizations and individuals concerned is responsible for the implementation of this circular.
In the process, if there are obstacles suggest that the agencies, organizations, personal reflections in time about the Ministry of Justice to study the resolution./.