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The Decree 7/2007/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law Legal Help

Original Language Title: Nghị định 07/2007/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Trợ giúp pháp lý

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The DECREE detailing and guiding the implementation of some articles of the law legal help _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on legal assistance of 29 June 2006;
Considering the recommendation of the Minister of Justice.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the law on the legal aid legal assistance, organizing legal help, legal aid staff and partners legal help, legal assistance activities and administration of legal aid.
Article 2. The legal assistance 1. The poor legal assistance stipulated in item 1 article 10 of law legal aid is the people in poverty according to the provisions of the law.
2. People with the way the network is legal assistance stipulated in item 2 article 10 of law legal aid include: a) the revolutionary activities before the uprising 19 August 1945;
b) mothers Vietnam heroes;
c) hero of the people's armed forces, hero of labor;
d) invalids, who enjoy the policy as invalids;
Soldiers Disease);
e active resistance) infected with the toxic substance;
g) The revolutionary activities, active resistance, captured enemy equipment;
h) Who operate the resistance to liberate the nation, protect the homeland and make international obligations;
I) Who had the help of revolution;
k) the father, mother, wife, husband of martyrs; children of martyrs not enough 18 years; people feeding the martyr.
3. The elderly legal assistance stipulated in paragraph 3 article 10 of law legal aid is enough people from age 60 or over living alone or without refuge.
4. Disabled persons was legal aid provided for in paragraph 3 article 10 of law legal aid is the defective one or more organs or function expression under the form of different disabilities, degrade operational capability, making labor, living, learning difficulties or who is infected with the toxic chemicals , HIV infection or other diseases do lose the capacity for civil acts which have no refuge.
5. children are legal assistance stipulated in paragraph 3 article 10 the law on legal aid is under the age of 16 are not helpless.
6. The ethnic minorities legal assistance according to article 10 paragraph 4 of law legal aid are often living in regions with socio-economic conditions particularly difficult under the provisions of the law.
7. Other objects of legal assistance in accordance with the international treaties to which the Socialist Republic of Vietnam is a member.
Article 3. Implementation of legal assistance 1. Legal aid center of the State specified in clause 1 article 13 of law legal help legal help center is the State Department of Justice in the province, central cities (hereinafter referred to as the Centre) and the branches of the Center.
2. participating organizations legal assistance stipulated in item 2 article 13 of law legal aid include: a) Law Office, law firm under the provisions of the law on lawyers;
b) legal advice centre in the social-political organization, social-political organizations, social-professional organization under the provisions of the Government organizations, legal consulting activity.
Article 4. The responsibility of State bodies and bodies of information in legal aid 1. The State Agency shall, within the scope of their powers to encourage and facilitate on-time work to public servants participated in the work of legal aid (hereinafter referred to as partners); coordinating the implementation of activities under the proposed legal aid center, a branch of the Center; facilitate the provision of information materials related to the legal aid service; reply to recommendations on issues related to the enforcement of the law.
2. The mass information bodies responsible regularly information about the Organization and operation of legal aid; facilitate and support the coordination of the legal assistance Center, branch.
Article 5. Encourage the Vietnam Fatherland Front and the Member organizations participated in the work of State legal aid encouraging, facilitating the Vietnam Fatherland Front and the Member organizations in the scope of the activities of his organization participated, contributing, active support legal aid people's stadium, make laws on legal aid; encourage the members, members participated in the partners; facilitate, coordinate, collaborate and support center, the branch of the Centre for legal assistance to be effective.
Article 6. Establishment, management and use of the legal assistance Fund 1. Legal aid Fund (hereinafter referred to as the Fund) was established based on voluntary contributions, funding of organizations and individuals; support from the State budget and other sources of legal support to improve the quality of business operations legal aid; support equipment, means of work for implementation in local legal assistance have economic troubles, including the representatives of the central budget in the province must support, the local has unexpectedly difficult and some other special cases.
2. The Prime Minister decided to set up a legal aid Fund. The Minister of Justice issued the regulation on organization and operation of the Fund after the comments with the Minister of finance; responsible Government in the management of the Fund's activities.
The Foundation has legal personality, there are seals, opened the account in the State Treasury and banks. The Fund has a Director, Deputy Director, accounting and the Department. The Director of the Foundation is the legal representative of the Foundation, by the Minister of Justice appointed, dismissal, resignation.
3. Any financial expenditure of the Fund, must be done in accordance with the provisions of the law on financial, accounting and organizational and operational regulations of the Fund.
Chapter II LEGAL HELP CENTER article 7 STATE. The legal position of the Center 1. Provincial people's Committee, the central cities (hereafter referred to as the provincial level) decided to establish the Centre as proposed by the Director of the Department of Justice. The name of the Center is "the legal assistance center of State '' attached to the name, the central cities. The Centre has legal personality, based, seals and private accounts.
2. The Centre's business units directly under the Department of Justice. The Center is subject to the governance of the Justice Department, the provincial people's Committee, the management, direction, guidance, check on the professional service of the Ministry of Justice.
Article 8. The duties and powers of the Centre 1. Based on the planning, long-term and annual plans of people's councils and people's committees of provincial level, the Center made the construction program, the legal aid plan long term and annually in the local Director of the Department of Justice for approval and implementation of the program , that plan.
2. Implementation of the mandate and operations of legal aid services include: a) implement legal advice, people involved in the proceedings, external representation in the proceedings and make other forms of legal assistance for people who are legal aid under the legal aid sector specified in article 34 of this Decree;
b) made legal aid and other legal assistance activities specified in articles 35, 36, 37, 40 and 41 of this Decree; responsibility and coordinate with agencies, organizations, individuals perform media about legal help for people;

c) management, professional guide service and skills for legal assistance branch; manual operation for legal help Club and activities of other legal aid services;
d) Organization of training to improve their professional and career rules for legal aid help legal members, collaborators of the Centre and branches; support for professional training for the organization involved legal aid;
DD) Organization research, surveys, Conference organization, is set to discuss, exchange experiences relating to legal aid for the active help of legal staff, collaborators of the Centre and branches;
e) manage, monitor, check the operation of the legal aid help legal staff, partners and other officers of the Centre and branches under the authority.
3. Agency recommendations, relevant organizations to coordinate, provide information about the documents, legal assistance; implementation of fostering mode for the collaborators involved legal aid; in coordination with the implementation of other legal assistance to verify the legal help.
4. Be responsible before the law on the implementation of legal aid help legal members, collaborators of the Centre and branches.
5. Be responsible for compensation for damage caused by his fault caused in the process of implementation of legal assistance for people who are legal aid.
6. Complaints under the provisions of the legal aid Act and the law on complaints and denunciations; disputes about legal aid according to the authority.
7. Recommendations to the competent State agencies on issues related to the enforcement of the law as specified in article 41 of this Decree.
8. Make summary, summarizing the reporting regime, statistics on organizations, legal aid activities in the local bodies of the State administration of legal aid.
9. the proposed collective compensation, personal achievements in the work of the local legal aid.
10. The mission, other rights prescribed by law for the business units and the provisions of the provincial people's Committee.
Article 9. The Center's organizational structure 1. The Center is the Director, Deputy Director and the staff of the legal aid. The Director, Deputy Director of the Center to help the legal officer.
2. the Director of the Center and head of the Center and is the legal representative of the Centre, responsible to the Director of the Department of Justice and the law of the entire mission, powers of the Centre.
Deputy Director of the Center's Director, in charge of one or some sectors the work assigned by the Center Director and is responsible for the delivery of results. Deputy Director of the Centre by the Director of the Department of Justice appointed, dismissed from his post, according to the proposal of the Director of the Center.
3. The Center has professional parts to perform tasks and powers under the provisions of article 8 of this Decree. Based on the volume of work, nature and characteristics of specific activities, Chairman of the provincial people's Committee Regulation number and the name of the Professional Division directly under the Center.
Article 10. Standards, procedures for appointment, dismissal, resignation Director 1. Help legal staff enough following the standards recommended the appointment as Director of the Center: a) five years of legal woes, which have at least three years to do legal aid work;
b) Have the capacity for civil acts in full, have good moral qualities and competence management. 
2. The Chairman of the provincial people's Committee appointed, dismissed from his post, Director of the Center at the suggestion of the Director of the Department of Justice.
3. the Director of the center of being dismissed when in one of the following cases: a) are no longer eligible for specified in point b of paragraph 1 of this article;
b) Moved to other jobs or retire, the break lost labor power;
c) for reasons of health, family situation or because of other reasons which deems cannot guarantee complete the work assigned.
4. Center Director dismissed as belonging to one of the following cases: a) has one of the acts specified in article 9 law on legal assistance which it deems no longer qualify for the position;
b) serious breach of professional rules of legal aid;
c) Were disciplined in the form of management positions held are kept under the provisions of the law on public officials.
Article 11. The legal position, the name and the Mission of the branch 1. Branch is depend of the Center in the district, the County, towns and cities in the province (hereinafter referred to as district level) and the management of the Centre. The Center is responsible for the entire operations of the branch. Branch seal for transactions, use for professional activities, professional legal assistance.
2. The name of the branch of the Center are placed according to the order established but must show clearly the name of the owner of the Centre branch.
3. the branch mission is to make legal aid by the legal aid form specified in article 27 law on legal aid, the provisions of this Decree and other rights, duties under the Statute of the Organization and functioning of the Centre by the Chairman of the provincial people's Committee issued and as assigned by the Center Director.
Article 12. Grounds and procedure for establishment of branch 1. Based on the needs, the proportion who are legal aid, conditions in local practice, to facilitate the legal assistance, the Director of the Department of Justice established the record people's Committee Chairman issued the decision on the establishment of branches of the Center.
Branch records include documents on the establishment of branches attached to the draft decision on the establishment of branches. The sheet must indicate the need to establish branch, expected about the Office, the implementation of legal aid, the secured facility for activities, the scope of legal aid and to the plan implementation.
2. Within a period of thirty days from the date of the record, the President of the provincial people's Committee consideration, decided to set up branches and plans to direct the departments to implement in practice.
3. within seven working days from the date of receiving the decision of the branch President of the provincial people's Committee, the Director of the Department of Justice appointed by the Chief of the branch and the local newspapers in the three consecutive number on the following principal contents: a) name, Head Office , phone number of the branch;
b) on making a decision on establishment and start activities of the branch;
c) and the name Captains branch;
d) scope, form of legal assistance branch.
Article 13. Organizational structure of the branch 1. Branch has a Branch Chief and legal staff who are dedicated to help. Head of the branch must be legal staff assistance.
2. The Chief of the branch is the head of the branch, perform the duties of the branch as defined in the regulation of organization and activities of the Centre, responsible to the Director of the mission, powers are delegated. Head of the branch by the Director of the Department of Justice appointed, dismissed from his post, according to the proposal of the Director of the Center.
3. the head of the branch was assigned to assist the legal officer, collaborators in the scope of management of the branch to implement legal advice, join the proceedings, external representation in the proceedings and make other legal help form.
Article 14. Staffing, infrastructure 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 decision no staffing for the Centre 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 officers, servants of the Centre follow the Government's rules on recruitment, use and management of public officials in the State's business units.
3. The Centre and the branch used business funds to serve the implementation of the mandate and operations of legal aid services specified in article 8 of this Decree in accordance with the law.
Every year, based on the duties and powers of the Centre and branches, Director of estimating funding of the Centre and branches include funding for operational funding, often genera are not regular and planned funding of legal aid services in the total annual operating cost the report, Director of the Justice Department, at the same time submit the Financial Facility to the provincial people's Committee decision.
The estimating, management, use and cost of operation of the Centre and branches are made according to the provisions of the law on the State budget and the writing guide.
Chapter III JOINED LEGAL AID of LAWYERS, LAW FIRMS and LEGAL CONSULTING CENTER article 15. The procedure of registration of legal assistance 1. Lawyers Office, law firm, Legal Advisory Centre join legal assistance must register with the Department of Justice has registered place of operation. Registration documents include: the application involved in legal assistance; list of lawyers, legal consultant; a copy of Registration Certificate.
Registration form of legal assistance has involved the following principal contents: a) name, head office address, telephone number of the organization registered to participate in legal aid;
b) expected an who are legal aid, form, scope, field registration of legal aid.
2. within seven working days from the date of receiving the application, the Department of justice granting registration for legal aid organization has recommended and notify the legal aid center of the State to work together. In case of refusal must clearly inform the reason in writing.
3. within seven working days from the date of registration are to join the Organization, legal aid is granted registration done publicly on the mass media in the local Paper's content subscribe to legal aid. The implementation of legal aid is calculated from when made the announcement publicly registered Paper involved legal aid.
The subscription to join legal aid do not have to pay the fee.
Article 16. Change the paper register legal assistance 1. When there is a change in relation to the content of the register Office, legal aid lawyers, law firms, legal consulting Center submit proposed changes accompanied the registration Paper involved legal aid was granted to the Department of justice where registered.
2. within seven working days from the date of receiving the application, the Justice Department issued new Paper sign involved legal aid. In case of refusal must clearly inform the reason in writing.
The new registration certificate level involved legal aid do not have to pay the fee.
Article 17. Recovered Paper sign legal assistance 1. Registration to join the legal aid is recovered when the organization participating in legal aid cases not be further involved legal aid specified in paragraph 2 to article 48 legal assistance Act.
2. Revocation of Registration Certificate of legal aid by the Director of the Department of Justice decided and announced publicly on the mass media in local people to know.
3. When the Registration Certificate revoked joined legal aid, lawyers Office, law firm legal consulting Center, not continue to make legal help and not reissued patents involved legal aid. The ongoing legal assistance must be delivered to the local Center where have registered to participate in legal aid.
Article 18. The rights and responsibilities of the Office of the solicitor, law firm legal consulting Center, participating in legal assistance 1. Be made legal assistance within the scope of the registration Paper involved legal aid; in collaboration with the legal help center or state affiliates of the Centre to fulfil effectively the legal help.
2. Recommended agencies, relevant organizations to provide information and documents relating to the legal aid service to make legal help.
3. Recommended who require legal assistance to the legal help center or the State affiliate of the Center for legal assistance; reject or do not continue to make legal assistance in the case prescribed in article 45 of law legal help.
4. State support of professional training and skills in legal assistance for staff who participate in legal aid.
5. recommendations to the competent State agencies on issues related to the enforcement of the law arising in the course of implementation of legal aid.
6. Resolve disputes in legal aid under the legal aid Act and the provisions of relevant laws.
7. Be praised, rewarded when there are merits in the operation of legal aid or contributions, positive support for the expansion and development of the work of the local legal aid.
8. Ensure compliance with the principle of legal aid and the operation of the provisions of the law on legal assistance when people his organization's participation in legal aid.
9. Be responsible before the law on the implementation of legal aid lawyers, legal consultants in his administration and is responsible for compensation for damage caused by his fault caused in the process of implementation of legal assistance for people who are legal aid.
10. The management of competent State agencies; prepare reports, statistics on legal aid for the Department of justice where registered.
Chapter IV LEGAL STAFF ASSISTANCE and COLLABORATORS category 1 LEGAL OFFICER ASSISTANCE article 19. Improving legal aid and professional training certificates legal assistance 1. Bachelor of law, people are working in the legal help center or the State branch of the Center for State legal aid if there are aspirations to become a member of the legal aid shall be the Director of the Center for State legal aid Director suggested the Justice Department elected to attend professional training courses for legal help.
Who had been lawyers, who have graduated from vocational training lawyers or in the case of vocational training are exempt under the provisions of Law lawyer lawyers legal aid Bureau, the Ministry of Justice level professional training certificates legal assistance if unsatisfactory test professional legal help.
2. The Minister of Justice regulated the content of the program, key time improving legal assistance; enact the Statute examine legal aid services and inspect the implementation of professional training courses in legal aid.
Article 20. Appointed, dismissed the legal staff assistance 1. Who has qualified the provisions in clause 1 article 21 of law legal assistance and not in one of the cases provided for in paragraph 3 article 20 of law legal aid shall be appointed to assist the legal officer.

Time to do the work of the law specified in point d of paragraph 1 article 21 of law legal aid is the time that they had ever assumed the work law in the legal professional titles in the organs, organizations, enterprises.
2. help legal officer were dismissed as belonging to one of the following cases: a) are no longer eligible for the provisions of article 21 paragraph 1 of law legal aid or in one of the cases provided for in paragraph 3 article 20 of law legal aid;
b) transferred to another retirement, vacation or take labor;
c) for reasons of health, family situation or because of other reasons which deems cannot guarantee complete assigned work;
d) Have one of the acts specified in article 9 law on legal assistance which it deems no longer qualified to continue the implementation of legal aid.
3. The Chairman of the provincial people's Committee appointed, dismissed the legal staff assistance as proposed by the Director of the Department of Justice.
Article 21. Procedure for appointing the members of the legal aid 1. Center Director choose who works at the Center, the branch has enough conditions specified in clause 1 of this Decree, article 20 proposed Director of the Justice Department to profile the people's Committee Chairman appointed by provincial legal aid staff.
Profiles help legal members appointed include: a) The suggested appointment of a legal officer assisting the Director of the Department of Justice, accompanied by the text suggested by the Director;
b) resume of the person who recommended the appointment of a legal officer with the help of two photos 3 cm x 2 cm size portrait, color;
c professional training certificate) legal assistance;
d) draft decision on the appointment of a legal officer help enclose the workpiece help card members.
2. Within a period of fifteen days from the date of the record, the President of the provincial people's Committee to consider signing the appointment decision and legal staff assistance card.
Article 22. Use the tag help legal officer 1. The cards help students identify legal legal legal officer to assist the enforcement powers and responsibilities. The agencies, organizations, individuals have the responsibility to create favorable conditions to help members implement legal powers and responsibilities as prescribed by law.
 2. During working hours and when doing legal aid, the legal officer must help bring legal staff assistance card and produce at the request of the Agency, organization, individual competent in carrying out professional activities legal help.
3. help the legal officer responsible for preservation of the card. Legal staff assistance prohibited advantage cards for personal purposes or purposes of self-interest; When losing cards help legal officer must then notify the police nearest and Director of the Center where you work.
4. help the legal officer in violation of regulations on the use of support staff, the legal card depending on the nature and extent of the violation that severely disciplined, administrative processing or arrested save for criminal liability in accordance with the law.
5. Sample card, the issuing, changing and revoking the legal staff assistance card by the Minister of Justice.
Article 23. Procedure for dismissal of members of the legal aid 1. When legal staff assistance in one of the circumstances specified in paragraph 2 to article 20 of this Decree, the Director of the Department of Justice established the record dismissed legal staff help your people's Committee Chairman granted the province to review the decision.
Profile dismissed legal staff assistance including: a) the suggested text help membership dismissal of the Director of the Department of Justice, accompanied by the text suggested by the Director;
b) documents, proof of membership in a legal aid in the case prescribed in clause 2 article 20 of this Decree;
c) draft decision dismissing the legal staff assistance.
2. Within a period of fifteen days from the date of the record, the President of the provincial people's Committee to consider signing the decision dismissing the legal staff assistance. 
Article 24. Powers and responsibilities of the staff of the legal aid 1. When doing legal aid, legal staff assistance to have the rights and obligations under the provisions of article 25 of the law on legal aid.
2. the legal staff help make legal assistance as assigned by the Center Director, the Chief of the branch. Help legal officer responsible to the Director of the Center and before the law on the execution of his powers. In case of working in the branch of the Center have to responsible to the Chief of branch.
3. In the case of legal staff help make legal help that cause damage, the central place that the work must have the responsibility for compensation. Help legal officer has responsibility to reimburse the center according to the provisions of the law on public officials.
Article 25. Help legal staff turnover 1. Help staff the legal quota equivalent to the professional ranks.
2. The Minister of the Interior issued a code of professional standards, whether the help staff turnover.
Article 26. Payroll scale, mode for policy help legal officer 1. Help legal staff are paid salaries and rated on a scale of grade equivalent payroll practitioner in State agencies.
2. The title of leader of the Centre are entitled to extra mode level leadership according to the General rules for public officials.
3. help the legal officer is entitled to followed responsibility allowance by 25% of current salary plus allowances beyond influence (if any). When participating in the proceedings, make external representation in the reconciliation proceedings, legal aid, legal aid staff are entitled to the allowance by 10% enrichment level applicable to collaborators.
4. In the case of legal staff assistance visits served the verification of the details of the incident or legal aid service for the request of legal assistance activity shall be the payment of ship money, cars stay according to the current rules about work mode of charge for staff State servants, travel within the country.
5. The Ministry of the Interior, in coordination with the Ministry of finance, the Ministry of Justice on specific regulations for legal staff assistance allowance, the Center's leadership.
Section 2 article 27 COLLABORATORS. Procedure of recognizing and granting partners card 1. Who are eligible for the provisions of paragraph 1 to article 22 of law legal assistance and not in one of the cases provided for in paragraph 3 article 20 of law legal aid, if voluntarily do partners then send the records to the local Center where you reside or work.
Records suggest doing collaborators include: a) the petition do collaborators form;
b Bachelor of laws); by the University or by the intermediate certificate and the time to do the work of the Agency's legislation, the organization where people that have or are working;
c) personal resumes of people's committees of communes, wards and towns of residence or of the place where the proposed work work with two different colors, size 3 cm x 2 cm. portrait in case someone suggested making permanent collaborators in regions with socio-economic conditions particularly difficult , the ethnic minorities and mountainous areas which have the legal knowledge and reputation in the community, the records suggest doing work outside paperwork documents specified in point a and c above, the file must have the opinions of judicial officers communes, wards and towns (hereinafter referred to as the social level) where that person resides.

2. Within a period of fifteen days from the date of the record, the Director of the Center to check the adequacy and correctness of records, if a valid profile, then the Director of the Department of Justice reviewed, acknowledged and granted the card work. In the case of the profile is invalid, then return the record to the person who suggested making collaborators and announce clearly the reasons in writing.
 3. within seven working days from the date received by the records Centre Manager, Director of the Justice Department review, issued the decision recognises the card and collaborators. In case of refusal must clearly notify the reasons in writing to the person who suggested to do work. People rejected have the right to appeal against the denial of recognition and card-level partners. The resolution of complaints made under the provisions of the law on complaints.
Article 28. Collaborative contract 1. People are acknowledged and granted the card Associates, was contracted to collaborate with the Centre. The Center is responsible for the contract in partnership with collaborators. Collaborators are made legal assistance from the moment of signing the contract partner.
2. Contract of cooperation was signed between the Centre with partners is the basis for defining the responsibilities and powers of the parties in a collaborative relationship.
The contract partner must have the following principal contents: a) the name, address of the parties to the contract of the partnership;
b) forms of legal aid, the legal aid sector which collaborators are expected to perform consistent with the provisions in paragraph 2 Article 22 of law legal aid;
c) powers and duties of the parties to the partnership;
d) the issue of termination of the contract and the contract dispute resolution partner.
Article 29. Use the tag partners 1. When doing legal aid, contributor must carry the card associates and produce at the request of the Agency, organization, individual competent in carrying out professional activities legal help.
2. Partners are responsible for preserving the card work. Prohibits the use of contributor card on purpose or benefit to the private investors. Contributor contributor card not be used instead of the introductory paper, paper identity card or the identification papers; not for other people borrow contributor tag; the loss of the card the contributor must then notify the Director of the Center where we collaborate.
3. Collaborators violated the rules on the use of the card, the collaborators depending on the nature and extent of the violation, which was termination of the contract of partnership, withdrawn card, being disciplined, administrative processing or arrested save for criminal liability in accordance with the law.
4. the template tag, allocation, change and recover the card Associates by the Minister of Justice.
Article 30. Card recovery partners 1. Collaborator card been revoked when one of the following cases: a) the contributor does not make legal aid within a period of 6 months from the date granted partners card, unless there are justifiable reasons;
b) partners with one of the acts specified in article 9 of law legal aid;
c) partners in one of the cases provided for in paragraph 3 article 20 of law legal aid;
d) collaborators terminated the contract in partnership with the Center or not to proceed with signing the contract in partnership with the Centre within thirty days from the date the card was issued.
2. When the partners in one of the cases specified in paragraph 1 of this article, the Director of the Centre of the decision to terminate the contract in partnership with collaborators and recommended the Director of the Department of Justice to revoke the card work.
3. within seven working days from the date of receiving the recommendation of the Director, the Director of the Department of Justice decision to revoke the card work. The recovered cards collaborators cannot continue to make legal help.
Article 31. The method of operation of the collaborators collaborators involved legal aid according to the following method: 1. get the legal help legal help by directly asking or as assigned by the Center Director or head of the branch.
2. active collaborators with as individuals or are organized into Nests of collaborators.
3. Work done in the scope of legal aid partnership contract was signed between the Center with collaborators.
Article 32. The rights and responsibilities of the partners 1. When taking legal aid, collaborators have the rights and obligations stipulated in article 25 of the law on legal assistance, have rights, the following responsibilities: a) received the fostering and the reasonable administrative costs under the provisions of the law according to the specific case;
b) was proposed and recommendations on expanding and improving the efficiency of operation of the Centre;
c) Was praised, rewarded when there are achievements in the work of legal aid;
d) using 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;
DD) 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;
e) 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;
g) periodic reports 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.
Article 33. Fostering mode and administrative costs when employees make legal assistance 1. When taking legal aid, collaborators enjoyed fostering mode and reasonable administrative costs.
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 equivalent to the level of remuneration prescribed for lawyers involved in the proceedings at the request of the body conducting the proceedings.
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 , the time working at the Agency, the organization that relate to service the legal help. The grounds for determining the working time of employees is working time of individuals, agencies and organizations concerned.
3. The contributor is entitled to reasonable administrative costs when making the legal aid include the fees to be paid under the provisions of the law of costs, fees, charges, costs of document copies contact the legal assistance or their relatives and other reasonable expenses of service directly to the implementation of legal aid. The grounds for determining reasonable costs as receipts of fees or receipt of organs, institutions, competent individuals.

In the case of employees travel for the legal assistance shall be payment of fees work as public servants.
4. The Center is responsible for the payment in accordance with the provisions of the State on the level of training and the reasonable administrative expenses referred to in item 2 and 3 of this article. Funding source to pay was estimated in the annual budget of the Centre.
5. In addition to fostering and account costs due to payment Center, associates are not demanding any additional money from the legal assistance or their relatives.
6. The Ministry of finance in cooperation with the Ministry of Justice guidance fostering mode and reasonable administrative costs for partners when doing legal aid.
Chapter V LEGAL AID ACTIVITIES Article 34. The field of legal aid The legal aid sector include: 1. Criminal law, criminal procedure and criminal enforcement.
2. Civil law, civil procedure and civil enforcement.
3. The law on marriage and family law for children.
4. administrative law, complaints, accusations and administrative proceedings.
5. The law of the land, housing, the environment and consumer protection.
6. The law on labor, employment, insurance.
7. The law of incentives people to the revolution and law on other social incentives policy.
8. other legal fields relevant to the objectives of the national program of poverty, poverty reduction or directly related to the fundamental rights and duties of citizens.
Article 35. Mobile legal assistance 1. Mobile legal aid be made based on the needs or in the outlying, remote areas, the socio-economic conditions extremely difficult.
2. legal aid plans are removable center, building Branch based on the results of a survey of legal aid needs of people who are legal aid or required of the social-political tasks locally under the direction of the provincial people's Committee or at the request of the base.
3. The Center directly or through the Organization branch legal help. When done, the legal assistance centre, Branch were representative bodies of relevant departments, in the participating establishments in the form of galleries working set. Legal help participants enjoy the mobile mode, the policy prescribed for officials and civil servants.
4. The authorities, institutions and people's committees at district level, the social level of people's Committee has the responsibility to coordinate, create favorable conditions for the Center, a branch of the Organization of the legal assistance and mobilizing collaborators involved legal aid.
5. The organization of mobile legal aid must be notified in writing to the Committee where the Organization expected. After each round, the legal assistance centre, branch establishment of the minutes and notice the result of legal help to people where the Commission has legal aid organizations, agencies, relevant departments.
A mobile legal assistance clearly those issues have been resolved, these problems need to be resolved in the scope of the responsibilities and powers of each of the agencies, departments, of the people's Committee, the incident will be brought to the Center, the branches to continue to make and proposals recommendations about local law enforcement. The Center, the branch is responsible for reporting the results to the Director of the Department of Justice and the President of the people's Committee of the district level where the conduct of legal aid, special cases, there are pressing issues, the report of the people's Committee Chairman granted the province on the implementation of the law in the base, and recommended measures to improve the efficiency of the public service activity in the local.
Article 36. Club activities legal assistance 1. Legal aid clubs is an active form of Community legal aid, create conditions for people to be in local legal aid involved, exchanging their legal entanglements with one another to enhance the ability of self-help or support to solve problems through legal advice help legal knowledge to assist in protecting the rights, legitimate interests of legal assistance for the person in local.
2. The legal assistance are living, work at the level of local communes are involved legal aid clubs on the basis of the Charter operations of the Club has been the competent State agencies for approval.
3. legal aid clubs due to the Social Justice Committee directly. Every month, the Judicial Committee held Club activities legal assistance regarding the substantive law under the guidance of the Centre or branch. The cost of living of the Club including legal assistance costs for copies of documents and some other reasonable expenditures by responsibility centre. The people's Committee of social support, create conditions of location and the drinking water.
4. the people's Committee Chairman granted the commune decided to set up 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.
Article 37. Thematic activities the law 1. Thematic activities the law is the Central and Branch organized the talk, swap according to the topic of the legal issues that relate directly to the basic rights and duties of citizens at the base where people often have many obstacles and are many people interested.
Thematic activities law be held conjunction during the legal help, the club activities legal aid or be independent organization at the request of the local population.
2. The implementation of legal aid by the Center or branch of the Center for the election involved legal specialty enjoy mode, the policy prescribed for officials and civil servants.
3. the authorities, institutions and local authorities have a responsibility to coordinate, create favorable conditions for the Center or the Center's branch held thematic activities law.
Article 38. Join the proceedings 1. At the request of the legal assistance or their legal representative, Center Director or Chief Election decision branch staff or legal aid lawyers are partners involved in proceedings under the provisions of article 29 and article 39 of law legal help.
2. Within a period of not more than three working days from the date of the decision of election participants in the proceedings, the Center Director, the Branch Chief to send the decision to the agency conducting the proceedings, legal aid, the legal aid.
3. the Director of the Center, Chief of the branch to be responsible before the law on the election of persons involved in the proceedings, ensure the standards prescribed by the law on legal aid.
4. The Centre, branch is responsible for coordinating with the authority conducting the proceedings to follow, manage the process of implementation of legal aid in the proceedings of the legal officer or help lawyers as collaborators by the Center, branch elections, ensuring the quality of their activities , effective, full compliance with the principles of legal assistance activities and the provisions of relevant laws.
5. In case of change of the legal assistance Center, or to branch is responsible for nominating eligible to continue making the case for legal help.
Article 39. External representation in the proceedings 1. At the request of the legal assistance or their legal representative, Director, head of the branch decision sent help legal officer or lawyer's associates made representations in addition to proceeding under the provisions of article 30 and article 40 of law legal help.

2. Within a period of not more than three working days from the date of the decision to send external representation made in the proceedings, the Center Director, the head of the branch to submit the decision to the legal assistance, the implementation of legal aid agencies, organizations, and individuals that are related to service the required representation.
Agencies, organizations, individuals related to the incident have the responsibility to coordinate, facilitate and collaborate with people who are elected to represent their rights and obligations under the provisions of the law.
3. the Director of the Center, Chief of the branch to be responsible before the law on the election of the external representation of the proceedings, ensure the standards prescribed by the law on legal aid.
4. The Centre, branch is responsible for coordinating with the agencies, organizations, individuals related to the incident represented to track, manage the implementation process of legal aid or legal aid staff lawyers is election by his collaborators, ensuring the quality of their activities , effective, full compliance with the principles of legal assistance activities and the provisions of relevant laws.
5. In case of change of the legal assistance Center, or to branch is responsible for nominating eligible to continue making the case for legal help.
Article 40. Reconciliation of legal assistance 1. When required or the consent of a party, or organizing legal help people make legal aid work to analyze the details of the incident, explaining the provisions of the law, the instructions to the parties themselves to negotiate, unified solutions without having to take the case out of the courts or competent bodies , voluntarily withdraw the lawsuit, handled the dispute and voluntarily accepted the results.    
2. The reconciliation was also conducted in case of need to preserve solidarity community, maintain social order and safety, protect the legitimate rights and interests of the parties, except where the law rules not be reconciliation.
3. The reconciliation must be made in the minutes. Minutes of reconciliation must show the full results of the process of reconciliation, the opinion of the legal assistance and the implementation of the parties about the content of the service, signed by the parties involved so that they voluntarily enforce the outcome of conciliation. Minutes of reconciliation must be kept in the records of legal assistance.
Article 41. Recommendations regarding the enforcement of the law 1. When there is sufficient evidence that the results of competent State agencies not yet consistent with the provisions of the law, causing damage to the legal assistance organizations made legal aid recommendations to State agencies that address back to protect the rights , the legitimate interests of the legal assistance. When the Petitions, organizing legal aid must specify the content, pursuant to the law to be applied and 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 case there is reason then the deadline on may last but not too forty-five days, unless the law has provisions on the time limit for the reply. In case of too time that State authorities have the jurisdiction to resolve the incident does not answer, the implementation of legal aid are recommendations to the superior leader directly by the competent State agencies to take measures to steer, handle.
3. When the, if the implementation detects legal aid public officials intentionally made a mistake, violate the law and damaged the legal assistance, the recommendations of the governing body directly consider, resolve on the officer's law enforcement civil servants there. Proposals must clearly state the grounds, the details, the content and must take responsibility for the correctness of the recommendations.
4. When the Organization, make legal help detect legal text have conflicting, overlapping or no longer fit with the practices and recommendations with the competent State agencies about the amendment, adding that legal text. In the petition should specify provisions need amendments, supplements, propose amendments, additions and solutions to ensure the implementation of effective legislation.
Article 42. The other forms of legal assistance 1. In the case of people who are legal aid cannot perform the work related to the administrative procedure in the process of implementing the basic rights and duties of citizens, the Center, the branch elections help the legal officer or lawyer's associates to help them perform.
2. to make the legal help for the legal assistance in the claims process as prescribed by the law on complaints, the elections branch, Center help legal staff or contributors is law professor involved in the process of complaint resolution.
3. Provide legal information, brochure, Pocket Books, handbooks, publications other legal documents through the legal aid, the student club activities, legal assistance law topics; provide a copy of the terms of legal texts relevant to service the legal assistance, provided the Agency's work address, organization or individual that the law has jurisdiction to resolve the case.
43 things. Evaluation criteria the quality legal assistance 1. Evaluation criteria the quality of legal help is grounded for inspection, reviews the implementation of legal assistance, compliance with rules of the profession and the application of the law of the legal assistance; create the basis to determine the responsibility of the person who made the legal help for the legal aid and the level of training for the implementation of legal aid. 
2. Evaluation criteria the quality of legal aid cases are constructed based on the following principal contents: a) the content of the legal help ensure the legitimacy, not immoral society, impartial, honest, comprehensive and geared towards the best protection of the rights , the legitimate interests of the legal assistance;
b) compliance with the law, morals and professional rules of legal aid who made legal assistance;
c) The form of the text reflected the process of legal aid include the votes made legal help, legal texts, the excuses, a protection of rights for people who are legal aid, a report on the work already done within the external representation proceedings , report on the implementation of legal aid, the minutes of settlement or other text;
d) time doing legal aid, including time records, research documents related to service the legal help, collect, verify the details relevant to service the legal help, contact the legal assistance or their relatives, the time working at the Agency organizations and individuals that are related to service the legal help and time to study the provisions of the law for the implementation of legal aid;

DD) the satisfaction of the legal assistance about the results, legal assistance about service attitude of the person who made the incident; the feedback from the agencies, organizations, individuals and the legal consequences arising from content in legal aid cases.
3. The Minister of Justice issued the standard reviews the quality of legal help.
Chapter VI LIABILITY of the STATE MANAGEMENT AGENCY ABOUT LEGAL AID Article 44. The responsibility of the Ministry of Justice in the administration of legal aid 1. The Ministry of Justice is responsible for Government Administration made about legal assistance, have the following powers and duties: a) building, issued by the authority or the State Agency has the authority to enact, guide, organize and monitor the implementation of the legal texts on legal aid; research, strategy, planning, development of legal assistance and the implementation of the Organization;
b) issued the Regulations Guide on professional service, professional rules of legal assistance, the model regulation on the Organization and operation of the legal aid center of the State, regulation of collaborators, where rules make legal help, the quality evaluation standard of legal aid cases;
c) management, guidelines on the Organization and operation of the Center, a branch of the Center, the Organization's participation in legal aid; the application of information technology in governance; construction measures to support the development of legal assistance activities;
d) training institutions, fostering professional expertise for the implementation of legal aid and professional training certificate of legal aid; prescribed paper form registered to participate in legal aid, legal staff assistance card templates, template tag contributor, suggested doing form work, partnership contract template; sample petition form, legal aid legal aid implementation and the form, other papers; the publication of the document on legal aid;
DD) made the reporting regime, statistics on legal aid;
e) steer, guide, build and implement the legal aid Fund management; 
g) Inspector, checking implementation legal aid and legal assistance activities; in the case of necessary inspection organization, reassess the quality of legal help; make the resolution of complaints, accusations about legal aid in accordance with the law; Awards, discipline and process violations in the operation of legal aid;
h) made international cooperation in the field of legal assistance;
I) perform other duties specified by law.
2. Legal aid Bureau under the Ministry of Justice's State Agency for management and the management of legal aid, help the Minister of Justice performs the tasks, powers mentioned above.
Article 45. The responsibility of ministries, ministerial agencies, government agencies in the administration of legal aid ministries, ministerial agencies, government agencies in the scope of the functions, duties and powers of coordination with the Ministry of Justice conducted state management of legal aid , has the following powers, duties: 1. Governance of legal assistance within areas of assigned responsibility.
2. Guide the urge, test bodies, subdivisions in the implementation of the legislation on legal aid.
3. Directs the units do coordinate solving petitions about the enforcement of the law.
Article 46. The responsibility of the provincial people's Committee in the governance of legal assistance 1. The provincial people's Committee in the scope of its powers, duties make the governance of local legal assistance, have the following powers, duties: a) issued under the authority or the same level people's councils issued legal documents about legal aid; Guide, organize and monitor the implementation of the law on the local legal aid;
b) decided to set up a legal assistance Center State and enacted regulation organizations, activities of the Centre on the basis of the model regulation on the Organization and functioning of the Centre by the Minister of Justice issued;
c) management on the Organization and operation of the legal aid center and branch, active participation of the legal aid lawyers Office, law firm, legal advice centres in the locality;
d) manage the implementation of the local legal aid; the Council approved the same level of staffing of the Centre and branches; organizing professional training for the implementation of legal aid in the local scope;
DD) directing the Justice Department to perform the duties and powers prescribed by the law on legal aid and the provisions of this Decree; directs the specialized agencies affiliated to the provincial people's Committee, the people's Committee, the judicial authority granted under cooperation with the Central and branch in the work of the local legal aid;
e) construction planning source, ensuring that staff payroll, facilities, operational funding, equipment, means of work of the Centre and the local branch;
g) testing, inspection, complaints, accusations, reward and handle breach of the laws on legal aid in accordance with the law;
h) implementation report, statistics mode, summary mode, the summation about the Organization, active in local legal help.
2. The Justice Department is the Chief of provincial people's committees help accomplish the tasks and powers specified in paragraph 1 of this article and is in coordination with the departments made the governance of local legal help.
Chapter VII ENFORCEMENT PROVISIONS Article 47. Transitional provisions since January 2007 when the legal assistance act in force laws, organizations, individuals below are as follows: 1. the legal aid center of the State was established by decision No. 734/TTg dated 6 September 1997 of the Prime was transferred to operate according to the provisions of the law on legal aid and the provisions of this Decree.
2. The branch of the Center for State legal aid has been the Justice Department decision established was the Chairman of the provincial people's Committee consideration, decided to leave under the provisions of the law on legal aid and this Decree.
3. legal assistance centre, the Office of legal aid and other legal aid organizations in the social-political organization, social and political organization, profession, social-professional organization established and pilot activities under the guidance of the Ministry of Justice if voluntarily continue taking legal aid organizations governing a decision to convert the Central Center for legal advice, make active registration in the Justice Department under the Government's regulations on the Organization and operation of legal advice and register to join the legal aid under the provisions of article 17 of law legal help and this Decree.
4. for the implementation of activities of other legal assistance in the case prescribed in clause 2 and clause 3 of this article must be dissolved or moved operations to form Nests of collaborators of the Center for State legal aid.
5. legal aid practitioner working at the Center for legal assistance of the State achieved test professional training source legal assistance appointed legal officer help due to the Ministry of Justice held before this Decree in force laws are certification training legal aid.

6. The Director of the Center for State legal aid review standards of the collaborators. Those eligible for the provisions of article 22 of law legal aid shall continue to collaborate and partner cards have been issued. In the case of people who have been recognised as collaborators but not eligible for the provisions of article 22 of law legal aid, the decision to terminate the contract of partnership and recommend to the Director the Department of Justice to revoke the card work.
7. Any violation of the provisions on legal aid must be considered processed according to the law on legal aid and the legal texts concerned.
Article 48. Effective enforcement of this Decree has effect after 15 days from the date The report.
The previous provisions contrary to this Decree abolished.
Article 49. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.