What are procedures for setting up a branch of the State Legal Aid Center in Vietnam?

What are procedures for setting up a branch of the State Legal Aid Center in Vietnam?

Pursuant to Article 7 of the Decree 144/2017/NĐ-CP stipulating procedures for setting up a branch of the State Legal Aid Center in Vietnam as follows:

1. The Director of the Department of Justice shall make a dossier and submit it to the President of the provincial People's Committee for decision on the establishment of the Center's branch. Profile includes:

a) A statement on the establishment of the branch, clearly stating the satisfaction of the conditions for the establishment of the branch;

b) Draft decision on establishment of branch;

c) Written opinion of the Department of Home Affairs on the establishment of the Branch.

2. Within 30 days from the day on which the application is received, the President of the People's Committee of the province shall consider and decide on the establishment of the branch on the basis of ensuring the conditions for the establishment of the branch.

3. Within 07 days from the day on which the decision on establishment of the branch is received, the Director of the Center shall appoint the Head of the branch.

4. The establishment of a branch must be announced on the local mass media with the following principal contents:

a) Name, head office address, phone number of the branch;

b) The date of issuance of the establishment decision and the date of commencement of operation of the branch;

c) Full name of Branch Manager; list of legal aid providers;

d) The branch's scope of legal aid.

What are procedures for dissolution of a branch of the State Legal Aid Center in Vietnam?

Pursuant to Article 8 of the Decree 144/2017/NĐ-CP stipulating procedures for dissolution of a branch of the State Legal Aid Center in Vietnam as follows:

1. The Director of the Department of Justice shall make a dossier and submit it to the President of the provincial-level People's Committee for decision on the branch's dissolution. A branch dissolution dossier includes: A report on branch dissolution and a draft Decision on branch dissolution.

2. Within 30 days from the day on which the application is received, the President of the People's Committee of the province shall consider and decide to dissolve the branch.

3. Within 07 days from the date of receipt of the decision to dissolve the Branch, the Director of the Center shall dismiss the Head of the Branch.

4. The dissolution of the branch must be announced on the local mass media with the following principal contents:

a) Name, head office address, phone number of the branch;

b) The date of issuance of the dissolution decision;

c) Date of termination of operation of the branch.

What are procedures for merging a State Legal Aid Center Branch in Vietnam?

Pursuant to Article 9 of the Decree 144/2017/NĐ-CP stipulating procedures for merging a State Legal Aid Center Branch in Vietnam as follows:

1. The Director of the Department of Justice shall make a dossier and submit it to the President of the provincial-level People's Committee for decision on the merger of the branch. The dossier of branch merger includes: The report on the merger of the branch and the draft decision on merger of the branch.

2. Within 30 days from the day on which the application is received, the President of the People's Committee of the province shall consider and decide to merge the branch.

3. The merger of the branch must be announced on the local mass media with the following principal contents:

a) Name, head office address, telephone number of the merged branch;

b) The date of issuance of the merger decision and the date of commencement of operation of the merged branch;

c) Full name of the Head of the merged branch; list of legal aid providers;

d) The date of termination of operation of the merged branch;

dd) Scope of legal aid of the merged branch.

What are regulations on the number of people working and the facilities of the State Legal Aid Center in Vietnam?

Pursuant to Article 10 of the Decree 144/2017/NĐ-CP stipulating the number of people working and the facilities of the State Legal Aid Center in Vietnam as follows:

1. Based on the workload, nature and characteristics of professional activities, requirements of legal aid work in the locality and at the proposal of the Director of the Department of Justice, the Chairman of the Human Resources Committee Provincial people decide the number of people working for the Center and ensure appropriate funding, facilities, equipment and working conditions for the Center.

2. The recruitment, employment and management of civil servants, public employees and employees of the Center shall comply with the provisions of the law on recruitment, employment and management of civil servants, public employees and employees in public service units.

3. Centers may use professional funds to serve the implementation of legal aid cases and legal aid professional activities in accordance with the provisions of the Law on Legal Aid.

The estimation, management, use and finalization of the Center's operating expenses shall comply with the provisions of the law on the state budget.

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