Vietnam's 6 new application forms in legal aid service provision

Vietnam's 6 new application forms in legal aid service provision

6 application forms in legal aid service provision enclosed with Circular No. 10/2023/TT-BTP are as follows:

 (1) Application for work as legal aid collaborators (replacing Form TP-TGPL-10 enclosed with Circular No. 08/2017/TT-BTP);

 (2) Application for re-issuance of legal aid collaborator cards (replacing Form TP-TGPL-11 enclosed with Circular No. 08/2017/TT-BTP);

 (3) Application for legal aid service provision (replacing Form 02-TGPL-PL enclosed with Circular No. 12/2018/TT-BTP);

 (4) Complaint application (replacing Form 03-TGPL-PL enclosed with Circular No. 12/2018/TT-BTP);

 (5) Application for changes to legal aid-providing persons (replacing Form 04-TGPL-PL enclosed with Circular No. 12/2018/TT-BTP);

 (6) Application for legal aid request withdrawal (replacing Form 05-TGPL-PL enclosed with Circular No. 12/2018/TT-BTP);

Circular No. 10/2023/TT-BTP of Vietnam comes into force as of February 15, 2024. 

Regulations on legal aid participation termination 

Organizations registering for participation in legal aid service provision terminating their participation according to Clause 2 Article 16 of the Law on Legal Aid 2017 shall transfer documentation of incomplete cases to legal aid service providers designated by Departments of Justice for continuation of the implementation. 

The procedure for terminating participation in legal aid service provision is as follows: 

 (i) In case of termination under Point b and Point dd Clause 2 Article 16 of the Law on Legal Aid 2017, the organization registering for participation in legal aid service provision shall submit an application in person, online, or through postal services to the Department of Justice where it registered for participation in legal aid provision.

The application includes: notifications of the termination of legal aid service provision; an original copy of the issued registration certificate of legal aid service provision participation.

In case of online submission, the organization registering for participation in legal aid service provision shall send the original copy of the issued registration certificate of legal aid service provision participation through postal services. 

 (ii) In case of termination under Points a, c, and d Clause 2 Article 16 of the Law on Legal Aid 2017, the registration certificate of legal aid service provision of the organization registering for participation in legal aid service provision shall be revoked. The revocation shall be carried out as follows: 

+ Within 7 days from the date of detecting that the organization registering for participation in legal aid service provision is subject to one of the cases prescribed in Points a, c, and d Clause 2 Article 16 of the Law on Legal Aid 2017, the unit assigned with tasks of state management of legal aid by the Department of Justice shall formulate documentation for presentation to the Director of the management of Justice for a decision of the revocation of the registration certificate of legal aid service provision participation.

The documentation includes: the draft decision on the revocation of the Director of the Department of Justice; records determining documentation proving that the organization registering for participation in legal aid service provision is subject to one of the cases prescribed in Points a, c, and d Clause 2 Article 16 of the Law on Legal Aid 2017; 

+ Within 5 working days from the date of receipt of the valid documentation, the Director of the Department of Justice shall issue a decision on the revocation of the registration certificate of legal aid service provision following the form enclosed with Circular No. 08/2017/TT-BTP (Form TP-TGPL-06).

 (iii) Within 3 working days from the date of receipt of the valid application prescribed in (i) or revocation of the registration certificate of legal aid service provision, the Department of Justice shall disclose the termination of legal aid service provision participation and post it on its web portal and send notifications to the Ministry of Justice of Vietnam.

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