Pursuant to the law on State budget and other documents guiding the implementation of the law;

Pursuant to the law on legal assistance of 29 June 2006;

Pursuant to Decree No. 7/2007/ND-CP on January 12, 2007 the Government detailing and guiding the implementation of some articles of the law on legal aid;

The base directive no. 35/2006/CT-TTg dated 13/10/2006 by the Prime Minister on the implementation of the legal aid Law enforcement;

President Finance Ministry-the Ministry of Justice's guide the creation, management, use and settlement expense ensure operation of the legal aid agencies are as follows: i. GENERAL PROVISIONS 1. This circular guides the creation, management, use and secured funding settlement activities of the organs of State legal assistance (legal assistance Bureau, the legal aid center and the Center's branch).

2. Sources of funding to ensure the operation of the legal aid agencies in the State include: a) funding due to State budget;

b) funding support from the legal aid Fund (if any);

c) funding of personal, domestic and foreign organizations (if any).

3. Funding for operational and legal assistance agency in State level would do the budget levels that guarantee according to the provisions of the law on the State budget and be aggregated to estimate the Agency's annual budget.

4. Funding of activities of bodies of State legal aid must be used for your purposes, the true mode of standard object of expenditure in the current fiscal regimes, report the funds used under the provisions of the law.

II. SPECIFIC PROVISIONS 1. Genus content operation of legal aid agency State: 1.1. Payment of expenditures for individuals: salaries, wages, allowances, donations under the payroll (social insurance, health insurance, Union funding), bonuses, benefits and other payments to individuals.

1.2. payment of public services Spending, the costs of hiring, buying books, documents the work of legal aid.

1.3. the Chi Conference, the charges, the group went overseas and foreign guests hosts on Vietnam and some other regular expenses serve the work of the legal aid agencies in the State.

1.4. expenses related to legal aid services include: a) the genus taken legal advice, people involved in the proceedings, external representation proceedings, conciliation and perform other forms of legal assistance for people who are legal aid under the legal aid sector specified in article 34 of Decree 7/2007/ND-CP dated 12/1/2007 of the main Government;

b) Genus make legal help, the support of the legal aid (hereinafter referred to as the Club), thematic activities: survey of law legal aid needs; streamers, banners, panels, posters, legal information provider, folding, Pocket Books, handbooks and publications other legal documents; genus photocopy documents related to service the legal assistance; genus diem for the collaborators, officials involved in legal assistance when travelling, thematic activities involved with the Club. For the genus of drinking water and place the club activities by the people's Committee of the communes, wards and towns facilitated support;

c) Genus verify legal aid case: Go back to verify the incident, spent on the provision of information, translation, copy the relevant documentary records;

d) Genus expert opinions in the case of assistance in complex cases, test, evaluate the quality of service the legal assistance;

DD) oversee the Spending information, media about legal help, popular participation, legal education for the people on the mass media (newspapers, magazines, radio, television ...) and other forms (Editor, printing, release brochure, books and handbooks , Pocket Books, boxes, tables and other materials publications);

e) Genus, fostered to improve their professional skills, legal assistance and professional rules of legal assistance to help legal staff, collaborators of the Center for legal aid and the State branch of the Centre (hereinafter referred to as the hub and branch); support for professional training for the organization involved legal aid;

The case involved the Office of the legal aid lawyers; Law firm; Legal consulting centre in social-political organization, social-political organizations, social organizations-professional organizations, companies on the assigned professional skills training in legal aid, the legal aid center was state money to support learning materials and the costs related to the classroom. Private money eat, vacation, travel by individuals involved in training themselves secured by its funding or management unit was dispatched to school support;

g) Chi research, investigations, surveys, held seminars, talks, exchange of experience regarding legal assistance activities to help members, collaborators of the Centre and branches;

h) Genus performs the check, evaluate the quality of service the legal assistance;

I) spent on legal aid contributor:-fostering for collaborators participate in legal aid cases;

-Administrative costs when employees make legal assistance: the cost of Office products, copy documents, the cost of communicating with people who are legal aid or their relatives served directly for the implementation of legal aid;

-The work in the case of employees travel for the legal assistance.

In addition to fostering account and cost center and branch pay as a rule, the contributor does not claim any additional money from the legal assistance or their relatives.

k) the genus made summary, summarizing, reporting, statistics on organization, legal assistance activities;

l) Genus created database system information legal aid service, the development and application of information technology;

m) the genus held the contest on legal aid;

n) commend collective, individual achievement in legal aid work was competent to decide merit.

As for the Law Office, law firm, legal advice centres and individuals in these institutions when the State Agency has the authority to decide merit shall be entitled to the bonus level accompanied by the form of merit according to the regulations.

1.5. The genus stores, repair vehicles, equipment and serving legal aid activities and major repairs of fixed assets;

1.6. The genus policy legal help in the program of social-economic development of the town especially hard the minorities and mountain, the national target programme on poverty reduction and national target programs related to legal assistance activities;

1.7. The genus made projects from foreign sources into the text base for international cooperation by the competent bodies for approval;

1.8. The genus under the scope of the support of the legal aid Fund as prescribed by law.

2. Spending: 2.1. The content of the expenses of legal aid made in the correct mode, standard, financial costs. Specifically the following: a) for expenses charge work for those on a business trip in the country (including legal help collaborators) be done according to the current rules on the work of charges against officers, public officials, State officials on a business trip;

b) Genus build legal texts on legal assistance made in accordance with the Finance Ministry about the management and use of State budget funds secured for the formulation of the legal text;

c training organization), professional training, professional legal assistance and the application of information technology to assist legal staff, collaborators, who perform legal aid organization's participation in legal aid made under the provisions of the Ministry of Finance on the management and use of funds for training fostering public officials;

d) Spend organizing meetings, conferences, seminars, debates, exchanges of experience, summary, summary of legal aid made according to the regulations of the Ministry of finance about the Conference spending mode;

DD) Organization-Expenditure surveys, surveys on legal aid be made according to the regulations of the Ministry of Finance shall guide the management of the funds spent on the investigation in the career resources from the State budget;

e) pay the fee level a copy of the verdict, the decision of the body conducting the proceedings and other related fees under the provisions of the law on fees;

g) Genus established database information system turns to serve legal assistance made in accordance with The instructions of the financial costs of creating electronic news in information technology and the current rules about information technology, build and manage the database system;

h) Genus held contests about legal aid nationally and locally made according to the regulations of the Ministry of Finance shall guide the management and use of secured funding for the work of popular, legal education;

I) spent on content: print brochure, handbooks, manuals, books and other publications, documents and other legal help, the form, the form from serving papers, legal assistance activities ... based on the invoices, vouchers, valid legal spending under current rules.

2.2. The legal aid agencies in the State to use the secured funding for legal aid must follow strictly the regulations mentioned above and the financial spending mode. In addition, this circular guide some particular nature costs in legal aid work (according to the attached appendix).

Within the funding allocated each year, agency heads, unit specific spending decisions, but not exceed the maximum spending or spending framework specified in this circular.

2.3. the working time of employees is calculated include: a) the time involved in the proceedings:


-Time to meet people detained, accused, defendant: Are detention supervisor, agency heads made of custody in the case were accused of being detention, detention confirmed.

-The time to research and document preparation profile at the agency conducting the proceedings: to be determined according to a clocking of the Agency where lawyers to research records.

-Time trial: to be determined according to the time trial.

-Time gathering documents, objects, evidence, necessary details concerning the excuses, protection, meet time witnesses, consider the scene ...: to be determined based on number of text collected documents, objects, evidence ... relating to the excuses with the Center and branch according to the nature and complexity of each case.

-Other time at the request of the Centre and branches to conduct the proceedings.

In the case of bodies conducting proceedings suspended or temporarily suspended case, the contributor is paid remuneration according to the actual time have joined legal aid until the time of service of the judgment is suspended or temporarily suspended.

b) external representation of time involved in the proceedings:-time to meet and contact with the legal assistance, their relatives, witnesses: Are people that work exposure, work;

-Profile research time, prepare the document served represented implementation as agreed with the Center and branch: to be determined based on number of text study, prepare a document depending on the nature and complexity of each incident;

-Time to join representative before the agencies, organizations, individuals are related to legal aid case: Are the agencies, organizations, individuals whose work has met, work to confirm.

c) time collaborators taking legal advice: according to the working schedule of the Centre and branches, confirmation of who was consulted.

2.4. payment proposal profile fostering mode of legal aid cases include: a) to participate in the proceedings:-the petition signed legal assistance or just single people;

-Proof of the legal assistance;

-Papers, documents related to service the legal help (if any);

-Lists the reasonable administrative costs related to the implementation of legal aid and the legal documents of proof;

-The decision of the Centre and branches on the contributor's election lawyer involved in the proceedings;

-Lists of lawyers working time must be the hub and branch confirmed on the basis of the General working time above base pay compensation for attorneys and the confirmations of the time working with agencies, organizations and individuals;

-A arguments as excuses, the protection of the rights and legitimate interests of legal assistance for the person.

b) external representation in the proceedings:-the petition signed legal assistance or just single people;

-Proof of the legal assistance;

-Papers, documents related to service the legal help (if any);

-Lists the reasonable administrative costs related to the implementation of legal aid and the legal documents of proof;

-The decision of the Centre and branches about the appointment of collaborators involved external representation in the proceedings;

-Report on the work already done within the external representation in the proceedings of the collaborators;

-The working time table of Central and branch on the basis of the General working time above base pay compensation for attorneys.

c) reconciliation:-petition signed legal assistance or just single people;

-Proof of the legal assistance;

-Papers, documents related to service the legal help (if any);

-Lists the reasonable administrative costs related to the implementation of legal aid and the legal documents of proof;

-Report on the conciliation of the parties litigant.

d) legal advice:-petition signed legal assistance or just single people;

-Proof of the legal assistance;

-Papers, documents related to service the legal help (if any);

-Lists the reasonable administrative costs related to the implementation of legal aid and the legal documents of proof;

-Lists the time consultation of litigants;

-Advisory Votes or written legal advice.

3. Establishment of the Executive, and the settlement of funds for operational and legal assistance: the making, Executive and operational funding legal aid is made according to the provisions of the law on the State budget, accounting Laws and the documents guiding the implementation of the law. This circular instruction more a specific number of points as follows: 3.1. Estimating, estimation distribution: When estimating the annual budget, in addition to estimating ensure normal operations of the Agency under the current rules, based on the required work of legal aid, the legal aid agency presentation clearly state the content of particular business spending activity legal aid. Active funding of legal aid Centre including State funding of the operations branch, legal aid clubs.

When allocating the estimation for legal aid agencies in the State, the competent authority need specific delivery funding part of regular activities and special services funding of legal aid activities.

3.2. Managing and finalizing funding activities of the organs of State legal assistance made under current rules.

III. IMPLEMENTATION of this circular effect after 15 days from the date of public notice and replacing circular No. 21/2002/TTLT/BNV-BTC-BTP on 26/12/2002: Minister of the Interior, finance, Justice guide to fostering mode for the collaborators made legal assistance and replacement of section IV circular No. 52/1998/TTLT/TP-TC-TCCP-LĐTBXH on 14/01/1998 of the Ministry of Justice, Ministry of finance, government officials Committee (now the Ministry of Internal Affairs), Ministry of labor, invalids and Social Affairs passed decision No. 734/1997/QD-TTg on 06/9/1997 by the Prime Minister on the establishment of legal aid for the poor and the policy object.

In the process of implementing, if there are difficulties and obstacles arise, suggest the local reflection on the Ministry of finance, the Ministry of Justice to study, modify and supplemented accordingly./.