According to the legal provisions in Circular 12/2018/TT-BTP issued on August 28, 2018, each case file has a unique code, established and classified according to different types of legal assistance.
The case file code consists of a collection of letters and numbers corresponding to the name of the legal aid organization, the form of legal aid, the serial number of the case in the monitoring book, handling the legal aid case, and the year of receipt (e.g., TT.TV.01.2018).
In the case where the case is handled by a branch, the name of the legal aid organization is the abbreviation of the branch's name (e.g., CN1.TGTT.01.2018).
The legal aid organization, branch has the responsibility to create the case file, and the legal aid executor updates the management software related to the organization and activities of legal aid.
As stipulated in Article 11 of Circular 12/2018/TT-BTP, the legal aid case file is as follows:
* Litigation participation case file includes:
- Documents and materials specified in Clause 1, Article 29 of the Legal Aid Law;- Decision to appoint the legal aid executor; decision to change the legal aid executor (if any);- Defense statement or statement protecting the rights of the legal aid recipient, signed and clearly stating the name of the legal aid executor;- Original or copy of the investigation conclusion, indictment, judgment, decision; other procedural documents related to the legal aid case issued by the agency conducting the proceedings;- Written notice of discontinuation of the legal aid case (if any);- Other documents and materials showing the process of implementing the legal aid case;- Opinion forms from the legal aid recipient or their relatives.
* Legal advisory case file includes:
- Documents and materials specified in Clause 1, Article 29 of the Legal Aid Law;- Written notice of discontinuation of the legal aid case (if any);- Other documents and materials showing the process of implementing the legal aid case;- Legal advice document signed and clearly stating the name of the legal aid executor.
* Non-litigation representation case file includes:
- Documents and materials specified in Clause 1, Article 29 of the Legal Aid Law;- Decision to appoint the legal aid executor; decision to change the legal aid executor (if any);- Written notice of discontinuation of the legal aid case (if any);- Other documents and materials showing the process of implementing the legal aid case;- Opinion forms from the legal aid recipient or their relatives;- Documents resolving the case issued by the competent authority or documents showing the outcome of the non-litigation representation;- A report on the tasks performed and the results achieved within the scope of non-litigation representation, signed and clearly stating the name of the legal aid executor.
See more details at: Circular 12/2018/TT-BTP, effective on October 12, 2018.
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