Procedures for issuing legal aid collaborator's cards in Vietnam 2024

Procedures for issuing legal aid collaborator's cards in Vietnam 2024 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On February 16, 2024, the Minister of Justice issued Decision 172/QD-BTP announcing amended and supplemented administrative procedures in the field of legal aid within the scope of management functions of the Ministry of Justice.

Procedures for issuing legal aid collaborator's cards in Vietnam 2024

Procedures for issuing legal aid collaborator's cards in 2024 will be regulated as follows:

(1) Implementation order:

- Individuals who meet the criteria specified in Article 24(2) of the Law on Legal Aid, have the desire to become legal aid collaborators (hereinafter referred to as collaborators), and agree with the basic contents of the contract for the implementation of legal aid as guided by the Ministry of Justice, shall submit their application to the local State Legal Aid Center where they reside.

- Within 04 working days from the date of receipt of the application, based on the legal aid needs of the people and the actual conditions in the locality, the Center Director selects documents to submit to the Director of the Department of Justice for consideration and the issuance of collaborator cards. In the event that the application is invalid, return it to the person requesting to become a collaborator and clearly state the reason in writing.

- Within 03 working days from the date of receiving the valid dossier submitted by the Center Director, the Director of the Department of Justice shall consider and decide whether to issue a collaborator card. In cases of refusal, the reason must be clearly communicated in writing to the person requesting to become a collaborator. The refused person has the right to appeal the refusal to issue a collaborator card. Complaint resolution is carried out in accordance with the law on complaints.

- Within 30 days from the date of issuance of the card, legal aid collaborators are responsible for coming to the Center to sign a contract to provide legal aid, except in cases where there is a legitimate reason, it can be extended, but not more than 35 days from the date the card is issued.

(2) Submission methods:

- Submit documents directly at the headquarters of the Provincial/City State Legal Aid Center;

- Send documents via postal service;

- Send documents via fax or electronically.

* Note: The submission of the application to become a collaborator is carried out as follows:

- In case of direct submission at the Center headquarters, the person applying to become a collaborator submits the following documents: Application to become a collaborator; Personal curriculum vitae certified by the People's Committee of the commune, ward, or town of residence and 02 color portrait photos sized 2 cm x 3 cm; Present the original or submit a certified copy of documents proving that you are retired according to regulations;

- In case of submitting documents via postal service, the person applying to become a collaborator sends the following documents: Application to become a collaborator; Personal curriculum vitae certified by the People's Committee of the commune, ward, or town of residence and 02 color portrait photos sized 2 cm x 3 cm, certified copies of documents proving that you are a retired person according to the law;

- In case of sending via fax or electronic form, the person requesting to become a collaborator sends the following documents: Application to become a collaborator; Documents proving that you are retired according to regulations; Personal curriculum vitae certified by the People's Committee of the commune, ward, or town of residence and 02 color portrait photos sized 2 cm x 3 cm to the Center.

(3) Document components:

- Application to become a legal aid collaborator according to the form issued with Circular 10/2023/TT-BTP amending and supplementing a number of articles of Circular 08/2017/TT-BTP and Circular 12/2018/TT-BTP (Form TP-TGPL-10);

- Documents proving that you are retired according to regulations;

- Personal curriculum vitae certified by the People's Committee of the commune, ward, or town of residence and 02 color portrait photos sized 2 cm x 3 cm.

Note: In case it is necessary to use information about the place of residence of the person applying for a legal aid collaborator's card, competent agencies, officials, public employees, and individuals assigned to receive and handle administrative procedures and provide public services shall exploit information about citizens' residence in the National Population Database according to one of the methods specified in Clause 2, Article 14 of Decree 104/2022/ND-CP.

If it is not possible to exploit citizens' residence information according to the methods specified in Clause 2, Article 14 of Decree 104/2022/ND-CP, competent agencies, officials, civil servants, public employees, and individuals assigned to receive and handle administrative procedures and provide public services may request citizens to submit copies or present one of the valuable documents proving residence information as prescribed in Clause 3, Article 14 of Decree 104/2022/ND-CP. Valuable documents proving residence information specified in Clause 4, Article 14 of Decree 104/2022/ND-CP include:

- Citizen Identity Card,

- Identity card,

- Certificate of residence information,

- Notice of personal identification number and citizen information in the National Population Database.

More details can be found in Decision 172/QD-BTP taking effect on February 16, 2024.

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