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Circular 02/2011/tt-Btp: A Guide To Some Of The Content Of The Legal Help Statistics

Original Language Title: Thông tư 02/2011/TT-BTP: Hướng dẫn một số nội dung thống kê trợ giúp pháp lý

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Circular statistics content of some legal help _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on statistics, 17 June 2003;
Pursuant to the law on legal assistance of 29 June 2006;
Pursuant to Decree No. 40/2004/ND-CP dated 13 February 2004 from the Government detailing and guiding the implementation of some articles of the law on statistics;
Pursuant to 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;
Pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
The Ministry of Justice to guide a number of statistical content legal assistance as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guidance on statistical indicator system of legal aid, the statistical form, type of publication, use statistical information, legal assistance; statistical investigation of legal aid; regulations on agencies, organizations, individuals perform statistics and agency, the organization responsible for guidance, the urge, to check the implementation of legal aid statistics.
Article 2. Application object 1. Legal help center the State/city centrally (hereinafter the provincial legal aid center), branch in the Center for legal assistance to the State/Province and city in Central (hereafter referred to as the legal assistance branch) and Club legal help.
 2. The Office of lawyers, law firms and legal advice centre in the social-political organization, social-political organizations, social organizations-registered professions involved legal aid.
 3. the legal aid Department, the Department of justice the province, central cities, agencies, other relevant organizations under the provisions of the law and according to the provisions of this circular.
Chapter II of the TARGET SYSTEM, the FORM and the AGENCY, the IMPLEMENTATION of LEGAL AID STATISTICS article 3. The statistical norms system for legal aid based on the request of State management of legal aid, the Department of Justice determines the category of statistical indicators system of judiciary in the field of legal assistance including 6 indicators attached to this circular (annex I).
Article 4. The type of statistics form the category legal assistance in the form of periodic formal and statistical forms of legal aid are attached to this circular (annex II).
Article 5. The Agency, the implementation of legal aid statistics 1. Legal aid clubs/Ward/Township the town.
2. the legal assistance branch.
3. the legal assistance centre.
4. The institutions involved in legal aid: a) the solicitor's Office;
b) law firm;
c) legal advice centre in the social-political organization, social-political organizations, social-professional organization.
5. the Department of Justice, the central cities.
6. Legal aid Bureau under the Ministry of Justice.
Article 6. The Agency organized the statistical results received legal assistance 1. The legal assistance branch and the social people's Committee received the results of the statistics of the Club's legal help. In the local not yet established branch legal help legal help center, then the statistical results received the Club's legal help.
2. the legal assistance centre to receive the statistical results of the legal assistance branch.
3. The Department of Justice to receive the results of the provincial legal aid center and the Office's lawyers, law firms and legal advisory centre have registered to participate in legal aid.
4. the Bureau of statistics, the central cities get results statistics on legal assistance of people of the Justice Department.
5. the legal aid Department received the results of the statistics of the Department of Justice.
6. Legal aid Bureau help the Minister of Justice sent the General Department of statistics statistics results for indicator statistics on people is legal aid.
7. The Ministry of Justice (through the Service plans-financial) get results statistics of legal aid Bureau.
Article 7. Duration and time limit for sending the statistics results legal aid 1. Term statistics legal aid The legal aid statistics are made by States as follows: a) legal aid statistics 3 months (form 1, form 2 and form 3), time taken from 1 October to 31 December;
b) legal aid statistics (from form 1 to form 6), the time taken from October of the previous year to 31 March of the following year;
c) legal aid statistics 9 months (form 1, form 2 and form 3), time taken from October of the previous year to 30 June of the following year;
d) legal assistance in statistics (from form 1 to form 6), the time taken from October of the previous year to 30 September of the following year.
2. The time limit for sending the statistics a) legal aid clubs submit statistical results at the latest 10 days after the States statistics;
b) branch legal assistance sent results after 15 days at the latest statistics the statistics period;
c legal aid centre) the statistical results sent a 20-day delay after the States statistics;
d) participating institutions legal assistance sent results 20 days after the latest statistics the statistics period;
e) the Department of Justice, central cities submit statistical results slowly for 25 days after the States statistics;
g) legal aid Bureau to send the results to the statistics at the latest 30 days after the States statistics.
Article 8. The method of implementation of the statistical modes of legal assistance 1. Statistical results, legal assistance must be made in writing and presented on paper according to the form prescribed.
In case of need, to timely serve missions, agencies and organizations make legal help statistics can send results via electronic mail (email) or Fax but slowest is 3 working days from the date of sending electronic mail or Fax, organizing legal aid must send the written results of the receiving agency statistical results.
2. The columns, the items in the form, must be recorded and complete, accurate. The form must have their full name, signature of the person who created the form, of the legal representative of the Organization make legal assistance and Statistics Unit's stamp (if available).
Article 9. Fix statistics legal help When in need of repair statistics legal aid, the unit sends the statistical results must be verified and stamped by the competent authority of the place of establishment of the statistical form.
Chapter III the STATISTICAL INVESTIGATION of LEGAL AID article 10. Statistical investigation of legal assistance 1. Statistical investigation of legal aid to be made to collect statistical information from organizations and individuals in the following circumstances: a) census statistics to collect statistical information from organizations that are not made legal aid statistics;
b) census statistics to supplement information from organizations that have implemented legal aid statistics;
c) statistical survey to collect information from individuals in case of need;
d) statistical investigation to collect the statistical information when there is a sudden demand.
2. The statistical survey was conducted as planned or unscheduled.
Article 11. The Authority decided to investigate legal aid statistics 1. The Minister of Justice decided the statistical investigation was assigned to the investigation programme in national statistics and statistical surveys of the areas outside the legal aid program the national statistics survey to collect information on the targets of the management requirements of serving the field of legal assistance but not yet in the system of statistical indicators countries.
2. Legal aid Bureau is responsible, in coordination with the financial planning Department of the Ministry of Justice and the relevant unit construction plan of statistical investigation in the field of legal assistance, the Minister of Justice for approval after the comments about appraisal expert Statistics of the profession, the General Statistics Office.
Article 12. The principal content of statistical investigation plan legal aid statistics investigation plan includes the following principal contents: name of the investigation, the investigating content, methods of investigation, the period, the time of the investigation, the investigation agency (Agency chaired the Agency, in collaboration) and estimation of funding ensuring implementation.
Article 13. Statistical investigation plans and organizes the operation of statistical investigation of legal assistance 1. Statistical investigation of the Variant field of legal assistance including the purpose, requirements, scope, audience, the investigation unit, sample survey, investigation methods, the method of calculating and summing the targets of the investigation, investigation time, expense and other physical conditions ensure implementation , the responsibility of the individual organizations concerned.
2. Legal aid Bureau in collaboration with the financial planning Department of the Ministry of Justice is responsible for construction organization scheme of statistics census areas of legal assistance, general plan of statistical investigation of the Ministry, the Minister of Justice for approval after the comments about appraisal expert business statistics, General Directorate of statistics and chaired or coordinated deployment of statistical investigation activities after the scheme was approved.
3. When asked about the sudden statistical investigation, legal aid Bureau build statistical investigation projects are responsible for compliance with the provisions in paragraph 1 of this article and submit to investigation options Service Plan-finance in the Ministry of Justice took the comments before sending Of statistics retrieved comments about appraisal expert , professional. On the basis of the opinion of the General Department of statistics and the other comments, the presiding investigative projects complete, the Minister of Justice decides to investigate.
Article 14. Powers and responsibilities of the agency conducting the investigation, the investigation statistics and responsibility of individual organizations are investigating legal aid statistics 1. The Agency conducted the investigation statistics and the statistical survey of the field of legal aid has the rights and obligations under the provisions of article 15 of the law on statistics; is responsible for the objectivity and accuracy of the information investigation, confidentiality of information under the provisions of the law.

2. organizations and individuals who are the subject of the statistical surveys of the areas of legal aid has the rights and obligations under the provisions of article 16 of the law on statistics, was informed of the decision of the investigation statistics; the purpose of the request, the time limit of statistical surveys in the time of at least 15 days before the investigation, the case investigating the irregular time of the notice is 5 days before the investigation.
3. In the case of the investigation according to the indirect method, individual organizations are investigating the statistics are recorded honestly, in full as required by the survey and submitted to the agency conducting the investigation statistics.
Chapter IV ANNOUNCED, USING STATISTICAL INFORMATION article 15 LEGAL AID. Publication information legal aid statistics 1. The Authority announced: the Minister of Justice decides the publication the statistical information to be provided in this circular.
2. The form of publication: statistical information of the legal aid sector was announced through the forms and the media: Press Conference, posting information on the electronic portal of the Ministry of Justice, statistical Almanac and other official documents of the Ministry of Justice on the basis of the approval of the Minister of Justice.
3. The time limit for publication: statistical information in terms of the country's legal aid to be announced before March of next year.
Article 16. Exploitation and use of statistical databases of legal assistance 1. Legal aid Bureau is responsible for coordinating with the Department of information technology, financial planning Department of the Ministry of justice information technology applications, build databases about legal aid statistics.
2. The updated, manage, exploit and use statistical data base legal assistance made under regulation updates, manage, exploit and use the database of the judiciary and of the legal aid Bureau.
Article 17. Use of statistical information, legal assistance 1. The quote, using statistical information must specify the source of information.
2. The State agency about legal aid at Central and local levels use statistical information to monitor, steer, executives of professional expertise, on the Organization and the work of other organizations made legal assistance.
Article 18. Information security legal help statistics statistical information must be kept confidential include: 1. the statistical information associated with a specific name, address of each person to make legal assistance or legal assistance, unless that person agrees for publication as defined in paragraph 3 Article 6 the statistics Law, 2003.
2. The statistical information legal aid are collected, processed, general term yet announced and the statistical information contained in the document in the directory of State secrets secret and top secret level in the field of administration of Justice attached to decision No 18/2004/QD-TTg dated 12/2/2004 of the Prime and No. 168/2004/QĐ-BCA (A11) on 24/2/2004 of the Minister of public safety. Chapter V IMPLEMENTATION article 19. Responsible for implementing legal aid statistics organizations made legal aid statistics are responsible for: 1. Based on the record in unit, statistical results of the units sent to General, established the form results legal aid statistics as specified;
2. Send the complete, correct statistical form and the prescribed deadlines;
3. Be responsible before the law about the level of accuracy, completeness, timeliness of statistical results.
Article 20. The responsibility to guide and supervise the exercise of inspection 1. Legal aid Bureau is responsible for proactively coordinating with financial planning help the Minister of Justice, training guide, steer, urge, to check the implementation of statistics and statistical activities with regard to the implementation of legal aid organizations involved legal aid.
Legal aid Bureau help the Minister of Justice is responsible for holding general information the legal aid statistics in the country warrants accuracy, completeness and timeliness, on the basis of the statistical results of the Justice Department.
2. The Justice Department is responsible for coordination with the Statistical Office, the direction, the urge to check the performance statistics for the implementation of legal aid in the local scope.
3. the legal assistance centre is responsible for the Organization, holds the urge and checked for branch, legal aid clubs, who performed in local legal assistance on the implementation of the statistical modes of legal help ensure accurate, complete and timely.
Article 21. Terms of implementation of this circular effect since January 1st, 2011; annul paragraph 1 section II part B and the form of 17 attached to the circular No. 05/2008/TT-BTP on September 23, 2008 by the Ministry of Justice guidance on legal aid services and the administration of legal aid.
The agencies, organizations, individuals in the process of implementing this circular if there are difficulties, obstacles or detect the new point arises is responsible for timely reflection of the Ministry of Justice to guide or supplement, adjust accordingly.