On June 18, 2020, the Ministry of Finance issued Circular 59/2020/TT-BTC providing guidance on estimating, managing, using, and finalizing funds ensuring legal aid activities.
All legal aid operating expenses from September 1, 2020 (illustration)
All legal aid operating expenses from September 1, 2020, are stipulated in Article 3 of Circular 59/2020/TT-BTC, specifically:
First, payment expenses for individuals: Salaries, wages, allowances, contributions according to current regulations (social insurance, health insurance, trade union funds, unemployment insurance, if any); expenses according to policies for officials and public employees stipulated in Decree 144/2017/ND-CP dated December 15, 2017, of the Government of Vietnam detailing some provisions of the Law on Legal Aid and other payments for individuals according to current laws.
Second, payments for public services; office supplies; information and communication; regular repair and maintenance of assets and equipment of the unit; procurement and replacement of equipment and work means for officials and public employees according to regulations; purchase of books, newspapers, documents serving legal aid work; hiring expenses (if any).
Third, expenses for preliminary and final review conferences; professional training sessions; rewards; domestic business trips; trips abroad and other regular expenses serving the operation of state legal aid agencies.
Fourth, expenses related to legal aid operations:
- Remuneration for legal aid by lawyers, legal aid collaborators, legal aid organizations: The content and level of expenses are carried out as stipulated in Clauses 1, 2, and 4, Article 13 and Article 14 of Decree 144/2017/ND-CP dated December 15, 2017, of the Government of Vietnam;- Expenses for persons performing legal aid in the form of litigation participation, out-of-court representation requiring time to gather evidence or clarify the case are reimbursed for expenses incurred in performing the legal aid case as stipulated in Clause 5, Article 13 of Decree 144/2017/ND-CP dated December 15, 2017, of the Government of Vietnam include: Fees payable according to the law on fees and charges and other administrative expenses directly serving the legal aid case (office stationery, document copying, communication expenses with legal aid beneficiaries or their relatives directly serving to gather evidence or clarify the legal aid case); business trip expenses in cases of work trips serving legal aid cases, verification of legal aid beneficiaries in cases of notifications, information from competent authorities conducting legal proceedings;- Expenses for information and communication work on legal aid; participation in popularizing and educating the law for the public through mass media (radio, television, press), electronic portals, and other forms (compiling, printing, distributing leaflets, information boxes, other documents);- Translation expenses from foreign languages to Vietnamese and vice versa serving legal aid operations;- Interpretation expenses (verbal translation) from Vietnamese to minority languages and vice versa serving legal aid activities; interpretation for sign language in necessary cases when the legal aid beneficiary is a person with hearing and speaking disabilities as stipulated in Decree 28/2012/ND-CP dated April 10, 2012, of the Government of Vietnam detailing and guiding the implementation of some provisions of the Law on Persons with Disabilities;- Expenses for creating computer databases serving legal aid work; application of information technology serving legal aid operations;- Training expenses to improve professional skills, legal aid skills for legal aid performers;- Compilation expenses for legal aid professional guidance materials;- Expenses for inspection, evaluation of the quality of legal aid cases; obtaining comments from experienced lawyers, independent legal experts from the competent authority evaluating the legal aid case and legal aid performers (excluding legal aid staff and officials and public employees receiving salary from the state budget) participating in evaluating or advising on the quality of complex legal aid cases as stipulated in Clause 2, Article 15 of Circular 12/2018/TT-BTP dated August 28, 2018, of the Ministry of Justice guiding some legal aid professional activities and managing the quality of legal aid cases;- Expenses for inter-sectoral coordination on legal aid in judicial activities: Expenses for coordination work trips; professional training sessions; research, investigation, survey, organization of seminars on legal aid in inter-sectoral cooperation activities; inspection, supervision in inter-sectoral cooperation activities; organizing preliminary and final review conferences; rewards for collectives and individuals with achievements in inter-sectoral coordination on legal aid and other expenses according to legal regulations serving legal aid operations.
More details can be found in: Circular 59/2020/TT-BTC, effective from September 1, 2020.
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