Bản dịch văn bản 77/2008/NĐ-CP
nghi-dinh-77-2008-nd-cp
Cơ quan ban hành: Chính phủ
Ngày ban hành: 2008-07-16

DECREE ON LEGAL CONSULTANCY THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government: At the proposal of the Justice Minister, DECREES: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation and subjects of application This Decree provides for legal consultancy organization and activities of socio-political organizations, socio-politico-professional organizations, socio-professional organizations, specialized law training establishments and law research institutes (below collectively referred to as managing organizations). Legal consultancy activities provided for in this Decree are of social nature and for non-profit purposes. Article 2. Responsibilities of state agencies and managing organizations in legal consultancy activities 1. State agencies shall, within the scope of their tasks and powers, encourage and support the development of legal consultancy organization and activities; coordinate with managing organizations in managing the organization and activities of legal consultancy under this Decree. 2. Managing organizations are responsible for the organization and operation of legal consultancy organizations they establish. Article 3. Forms of legal consultancy organization Managing organizations that fully satisfy the conditions specified in Article 5 of this Decree may establish legal consultancy centers to provide legal consultancy to their members and other individuals and organizations. Article 4. Prohibited acts 1. Legal consultancy organizations and legal consultants are strictly prohibited from committing the following acts: a) Instigating individuals or organizations that request legal consultancy to supply untruthful information and documents, lodge complaints or denunciations or initiate lawsuits in contravention of law; b) Taking advantage of legal consultancy activities to seek personal benefits; c) Taking advantage of legal consultancy activities to cause public- disorder or social insecurity, badly affect national ethics, fine traditions and customs, and infringing upon interests of the State, rights and legitimate interests of individuals and organizations; d) Providing legal consultancy to parties with interests contrary to each other in the same case, disclose information on cases, individuals and organizations that request legal consultancy, unless these individuals and organizations so consent or otherwise provided for by law. 2. Individuals and organizations that request legal consultancy and agencies, organizations and individuals involved in legal consultancy activities are strictly prohibited from committing the following acts: a) Hurting the honor and dignity of persons providing legal consultancy; b) Intentionally supplying information and documents untrue about their cases; c) Impeding legal consultancy activities. Chapter II LEGAL CONSULTANCY CENTERS Article 5. Conditions on establishing a legal consultancy center 1. Having at least two legal consultants, or one legal consultant and one lawyer working as a law practitioner under a labor contract, or two lawyers working as law practitioners under labor contracts. 2. Having a working office. Article 6. Legal status and organizational structure of legal consultancy centers 1. Legal consultancy centers have the legal entity status, bank accounts and their own seals. "The carving and use of seals of legal consultancy centers must comply with the legal provisions on management and use of seals. 2. Organizational structures and operation regulations of legal consultancy centers shall be decided by their managing organizations. 3. Directors of legal consultancy centers must be legal consultants or independent law practitioners working under labor contracts. Article 7. Scope of operation of legal consultancy centers 1. Legal consultancy centers may provide consultations on legal matters; designate lawyers working under contracts for them to participate in legal proceedings to defend, represent, protect rights and legitimate interests of individuals and organizations that have requested legal consultancy in cases in which they undertake to provide legal consultancy; provide legal aid under the law on legal aid. 2. Legal consultancy centers may accept and handle cases in all legal domains. Article 8. Rights and obligations of legal consultancy centers 1. Legal consultancy centers have the following rights: a) To handle cases within the scope specified in Article 7 of this Decree; b) To request agencies and organizations to supply information on matters related to rights and legitimate interests of individuals and organizations that have requested legal consultancy; c) To propose to state agencies matters related to rights and legitimate interests of individuals and organizations that have requested legal consultancy. 2. Legal consultancy centers have the following obligations: a) To comply with the provisions of this Decree and relevant legal documents on lawyers and legal aid; b) To take responsibility for employing their legal consultants, lawyers, legal consultancy collaborators; c) To send to Justice Services of provinces or centrally run cities (below referred to as provincial-level Justice Services) where they are headquartered and to their managing organizations annual reports or extraordinary reports on their organization and operation when requested by these services or organizations; d) To pay compensations for damage caused by faults of their legal consultants, lawyers or legal consultancy collaborators while providing legal consultancy. Article 9. Operating funds of legal consultancy centers Legal consultancy centers shall operate under the self-financing mechanism. Operating fund sources of legal consultancy centers include: 1. Fund for conducting legal consultancy activities incorporated in regular operating funds of socio political organizations and allocated by these organizations to legal consultancy centers they have established; 2. Fund allocated for providing legal aid by legal consultancy centers that have registered for participation in legal aid under the law on legal-aid: 3. Charges collected for providing legal consultancy to individuals and organizations defined in Article 11 of this Decree; 4. Supports provided by socio-politico-professional organizations, socio-professional organizations, training establishments and research institutes specialized in law and set aside from their non-business revenues; and financial supports of individuals and organizations at home or abroad for legal consultancy activities under law. Article 10. Free-of-charge legal consultancy Legal consultancy centers shall provide free-of-charge legal consultancy to their managing organizations' members. The State encourages legal consultancy centers to provide free-of-charge legal consultancy to the poor and beneficiaries of preferential policies provided for by law. Article 11. Charged legal consultancy 1. Apart from providing free-of-charge legal consultancy to entities specified in Article 10 of this Decree, legal consultancy centers may collect charges for legal consultancy they provide together individuals and organizations in order to cover their operation expenses. 2. The collection of charges by legal consultancy centers shall be decided by their managing organizations. If legal consultancy centers are allowed to collect charges, their managing organizations shall prescribe charge rates. 3. Legal consultancy centers shall publicly post up applicable charge rates at their head offices and comply with legal provisions on finance. Article 12. Establishment of legal consultancy centers 1. Managing organizations shall issue decisions on establishment of legal consultancy centers. A decision on establishment of a legal consultancy center must be signed by the head of the managing organization and contain the following details: a) Name of the legal consultancy center: b) Objectives and tasks of the legal consultancy center; c) Domain(s) of operation of the legal consultancy center. 2. Socio-political organizations, socio-politico- professional organizations and socio-professional organizations at the central or branch level may establish legal consultancy centers throughout the country. Socio-political organizations, socio-politico-professional organizations and socio-professional organizations at the provincial or district level may establish legal consultancy centers in their respective localities. Training establishments and research institutes specialized in the legal domain may establish legal consultancy centers within provinces or centrally run cities where they are headquartered. 3. Names of legal consultancy centers must consist of the phrase "Trung tam tu van phap luat" (legal consultancy center) and the names of their managing organizations. In case a managing organization establishes two or more legal consultancy centers, these centers' names must be distinct from one another. Article 13. Registration of operation of legal consultancy centers 1. Legal consultancy centers shall register their operation with provincial-level Justice Services of localities where they are headquartered. An operation registration dossier comprises: a) An application for operation registration; b) The managing organization's decisions on establishment and appointment of its director; c) The draft organization and operation regulation of the legal consultancy center promulgated by the managing organization: d) A list of persons proposed for grant of legal consultant cards and lawyers working under labor contracts for the center, enclosed with their dossiers; e) Written certification of the legal consultancy center's working office. 2. Within seven working days after receiving complete and valid dossiers, provincial-level Justice Services shall grant operation registration certificates to legal consultancy centers. In case of refusal, they shall notify the reason(s) for the refusal to the applicant. 3. When granting operation registration certificates to legal consultancy centers, provincial-level Justice Services shall concurrently grant legal consultant cards to persons who fully satisfy the conditions specified in Clause 1, Article 19 of this Decree. The Justice Ministry shall set the forms of operation registration certificate and legal consultant card. 4. Legal consultancy centers may commence operation on the date they are granted operation registration certificates. Article 14. Branches of legal consultancy centers 1. Legal consultancy centers of socio-political organizations, socio-politico-professional organizations and socio-professional organizations at the central or branch level, training establishments and research institutes specialized in the legal domain may set up their branches throughout the country. Legal consultancy centers of socio-political organizations, socio-politico-professional organizations and socio-professional organizations at the provincial level may set up their branches within the provinces or centrally run cities where their managing organizations are headquartered. 2. Branches of legal consultancy centers (below referred to as branches) are dependent units of these centers. Branches may provide legal consultancy within the operation scope of their centers. Legal consultancy centers shall take responsibility for their branches' operations. 3. Branches of legal consultancy centers have their own seals for use in transactions. The carving and use of seals of branches must comply with legal provisions on management and use of seals. 4. A branch must have at least one legal consultant or one lawyer working as a law practitioner for it. The legal consultancy center shall appoint a legal consultant or lawyer to act as head of the branch. 5. Branches shall register their operation with provincial-level Justice Services of localities where they are located. Within seven working days after being granted branch operation registration certificates, legal consultancy centers shall notify in writing the location of their branches to provincial-level Justice Centers of localities where they have registered their operation. Article 15. Changes in registered operation contents of legal consultancy centers and branches Relocation of working offices and change of directors of centers, heads of branches, legal consultants and lawyers must be reported in writing by legal consultancy centers and branches to provincial-level Justice Services of localities where they have registered their operation. Article 16. Termination of operation of legal consultancy centers and branches 1. Legal consultancy centers shall terminate their operation in the following cases: a) Under decisions of their managing organizations; b) Their operation registration certificates are withdrawn. 2. In case of operation termination of a legal consultancy center under Point a, Clause 1 of this Article, at least sixty days before the planned date of operation termination, the managing organization of this center shall notify such in writing to the provincial-level Justice Service with which the operation registration has been made. Before the date of its operation termination, the legal consultancy center shall complete procedures for terminating labor contracts already signed with its lawyers, collaborators and employees; and completely handle cases it has accepted. In case the center cannot completely handle a case, it shall reach agreement with the individual or organization that has requested the legal consultancy on further handling of that case. 3. In case of operation termination of a legal consultancy center under Point b, Clause 1 of this Article, the provincial-level Justice Service shall, within seven working days after withdrawing the center's operation registration certificate, notify the managing organization of the withdrawal of the center's operation registration certificate. Within sixty days after having its operation registration certificate withdrawn, a legal consultancy center shall carry out procedures for terminating labor contracts already signed with its lawyers, collaborators and employees; and completely handle cases it has accepted. In case the center cannot completely handle a case, it shall reach agreement with the individual or organization that has requested the legal consultancy on further handling of that case. 4. A branch shall terminate its operation in the following cases: a) Under a decision of its managing organization; b) The legal consultancy center, of which it is a dependent unit, terminates operation; c) It has its operation registration certificate withdrawn. Legal consultancy centers shall fulfill obligations and solve all problems related to the termination of operation of their branches. Article 17. Withdrawal of operation registration certificates of legal consultancy centers and branches 1. A legal consultancy center or branch may have its operation registration certificate withdrawn in the following cases: a) It no longer fully satisfies the conditions specified in Article 5 and Clause 4, Article 14 of this Decree; b) It has committed an act of violation and subsequently been sanctioned for that act but relapses into the violation, or seriously violates regulations on use of operation registration certificates. 2. Provincial-level Justice Services that have granted operation registration certificates to legal consultancy centers and branches shall effect the withdrawal of these certificates. Chapter III PERSONS PROVIDING LEGAL CONSULTANCY Article 18. Persons providing legal consultancy Persons providing legal consultancy include: 1. Legal consultants: 2. Lawyers working as law practitioners under labor contracts for legal consultancy centers: 3. Legal consultancy collaborators. Article 19. Legal consultants 1. Legal consultants must be Vietnamese citizens who permanently reside in Vietnam and fully satisfy the following conditions: a) Having the full civil act capacity and good ethical quality, being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out: b) Possessing a bachelor of law degree; c) Having worked in the legal domain for three years or more. 2. Legal consultants are granted legal consultant cards and may practice their profession throughout the country. Public employees currently working in state administrative agencies, people's courts or people's procuracies will not be granted legal consultant cards. Article 20. Grant, withdrawal of legal consultant cards 1. A dossier for grant of a legal consultant card comprises: a) An application for a legal consultant card; b) A copy of the bachelor of law degree of the applicant: c) A curriculum vitae of the applicant; d) Written certification of the applicant's period of working in the legal domain. Within seven working days after receiving a complete and valid dossier, the provincial-level Justice Service with which the legal consultancy center has registered its operation shall grant a legal consultancy card to the qualified person. In case of refusal, it shall notify in writing the reason. 2. The holder of a legal consultant card who falls into one of the following cases will have his/her legal consultant card withdrawn: a) He/she no longer satisfies the conditions specified in Clause 1, Article 19 of this Decree: b) He/she is recruited to work as a public employee in a state administrative agency, people's court or people's procuracy; c) He/she commits an act of violation in one of the cases specified at Point a, b or c, Clause 1, Article 4 of this Decree. Provincial-level Justice Services of localities where exist legal consultancy centers or their branches in which legal consultant card holders work shall withdraw these persons' cards. Article 21. Lawyers working as law-practitioners for legal consultancy centers or their branches 1. Lawyers may work as law practitioners for legal consultancy centers or their branches under labor contracts. 2. Lawyers who work for legal consultancy centers or their branches have rights and obligations under labor contracts signed between them and the centers in compliance with the law on lawyers. Article 22. Legal consultancy collaborators 1. Legal consultancy collaborators must fully satisfy the conditions specified at Points a and b, Clause 1, Article 19 of this Decree. Persons possessing university degrees other than law degrees and working in branches or sectors relating to civic rights and obligations: persons permanently residing in areas with exceptionally difficult socio-economic conditions, areas inhabited by ethnic minority people and mountainous areas and possessing secondary law degrees, or having worked in the legal domain for three years or more, or being knowledgeable about law and having prestige in the community, may act as legal consultancy collaborators. Cadres and public employees may act as legal consultancy collaborators of legal consultancy centers or their branches in case the collaboration is not contrary to the law on cadres and public employees. 2. Legal consultancy collaborators shall provide legal consultancy under collaboration contracts signed between them and legal consultancy centers. Rights and obligations of legal consultancy collaborators shall be stated in collaboration contracts. 3. Legal consultancy collaborators may only receive cases from legal consultancy centers or their branches. Article 23. Rights and obligations of persons providing legal consultancy 1. To provide legal consultancy within the operation scope of legal consultancy centers or branches where they work. 2. To be professionally retrained. 3. To enjoy remunerations for providing legal consultancy. 4. To be held responsible for legal consultations they provide. 5. To comply with regulations of managing organizations, the provisions of this Decree and other relevant provisions of laws on lawyers and legal aid. 6. To pay compensations for damage caused by their faults while providing legal consultancy. Chapter IV MANAGEMENT OF LEGAL CONSULTANCY ACTIVITIES Article 24. Responsibilities of the Justice Ministry for managing legal consultancy activities The Justice Ministry shall guide and inspect the implementation of legal documents on legal consultancy; organize reviews and exchanges of experience, support the professional training and retraining of persons providing legal consultancy, and apply other measures to support the development of legal consultancy organization and activities specified in this Decree. Article 25. Responsibilities of provincial-level People's Committees for managing legal consultancy activities 1. Provincial-level People's Committees shall examine, inspect, handle violations and settle complaints and denunciations about organization and operation of legal consultancy centers according to their competence; apply measures to support the development of legal consultancy organization and activities in their respective localities. 2. Provincial-level Justice Services shall assist provincial-level People's Committees in performing the management of legal consultancy activities, having the following tasks and powers: a) To grant and withdraw operation registration certificates of legal consultancy centers or their branches: b) To grant and withdraw legal consultant cards; c) To coordinate with managing organizations at the same level in professionally training or retraining persons providing legal consultancy; d) To propose to or advise provincial-level People's Committees on measures to support the development of legal consultancy organization and activities in their localities; e) To examine, inspect, handle violations and settle complaints and denunciations about legal consultancy organization and activities according to their competence or under authorization by presidents of provincial-level People's Committees; f) To send to provincial-level People's Committees and the Justice Ministry annual or extraordinary reports, when so requested, on organization and operation of legal consultancy centers or their branches in their localities. Article 26. Responsibilities of managing organizations for managing legal consultancy activities Managing organizations shall manage the organization and operation of legal consultancy centers and branches they have established under this Decree and their charters. Article 27. Handling of violations of persons providing legal consultancy, legal consultancy centers or their branches 1. Persons providing legal consultancy who commit acts of violation of this Decree shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability. If causing damage, they shall pay compensations under law. 2. Legal consultancy centers or their branches that commit acts of violation of the provisions of this Decree shall be administratively sanctioned. If causing damage, they shall pay compensations under law. 3. Forms of, competence and procedures for, handling administrative violations in legal consultancy must comply with the law on handling of administrative violations in the justice domain. Chapter V IMPLEMENTATION PROVISIONS Article 28. Transitional provisions Operation registration certificates of legal consultancy centers, legal consultant certificates granted under the Government's Decree No. 65/2003/ND-CP of June 11, 2003, on legal consultancy organization and activities, will continue to be valid under this Decree. Article 29.- Implementation effect 1. This Decree takes effect 15 days after its publication in "CONG BAO." The Government's Decree No. 65/2003/ND-CP of June 11, 2003, on legal consultancy organization and activities, will cease to be effective as from the effective date of this Decree. 2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.