National Legal Aid Agency (NLAA - Vietnam)
Government Decree No 1689/QD – BTP of September 21st, 2015 on the functions, responsibilities, powers and organizational structure of the National Legal Aid Agency,
The National Legal Aid Agency (hereinafter referred to NLAA) is a body established under the Ministry of Justice that performs the advisory function to the Minister in state management over legal aid in the national dimension; in implementation of professional management on legal aid in accordance with law and is empowered with the following enumerated responsibilities and powers
Responsibilities and Powers
1. Formulate and submit to the Minister long-term, five-year and annual working plans of the Agency; take part in formulating strategies, master plans and plans of the judiciary for long-term, five-year and yearly periods;
2. Formulate strategies, national master plans, plans, projects, plans and measures for legal aid development, law making projects and draft legal normative documents on legal aid for the Minister to submit to the competent authorities for promulgation in accordance with their competence or to promulgate within the competence of the Ministry; and participate in law making, reviewing, giving comments on draft legal normative documents assigned by Minister or by request of departments/units in the Ministry or of departments/units in other relevant Ministries or agencies;
3. Organize the implementation of strategies, national master plans, plans, projects, planning programs and projects, drafts of legal normative documents on legal aid after promulgation or approval;
4. Formulate and submit to the Minister to issue or issue by its competence particular documents, forms, papers on legal aid; publish in a uniform manner all documents and materials on legal aid in accordance with laws and decentralization of power of the Ministry;
5. Provide guidance, monitoring of law implementation on legal aid national-wide, propose policies, solutions to overcome difficulties, complete laws and regulations on legal aid, regularly report to the Minister on the monitoring of law implementation within the management of the Agency;
6. Review, systemize legal normative documents under the management of the Agency; unify normative legal documents as prescribed.
7. Assist the Minister - Chairman of the Inter-Agency Coordination Council for Legal Aid in Procedural Activities at the Central level to implement the duties of the Permanent Office of the Council in accordance with the Organizations and Operations Regulations of the Inter-Agency Coordination Council for Legal Aid in Procedural Activities at the Central level.
8. Regarding the professional management in the legal aid area:
a) Promulgate guiding professional documents within its functions on legal aid in accordance with laws;
b) Uniform the professional management, guiding, professional training of legal aid conducted for legal aid organizations nationwide;
c) Provide guidance and inspect the organization and activities of legal aid organizations, legal aid providers nationwide; monitor and guide legal aid activities of organizations, the socio-political organizations, socio-professional socio-political organizations, professional social organizations in accordance with laws and decentralization of the Ministry;
d) Compile and publish a list of organizations providing legal aid, legal aid providers and lawyers who are signed the service contracts by the State for legal aid beneficiaries to choose when necessary;
e) Examine, supervise and evaluate the quality of legal aid cases for organizations and individuals providing legal aid in accordance with the law.
9. Build and implement measures to support for legal aid development; monitor, guide the resources mobilization and use to support legal aid activities; have an account to receive contributions and donations for domestic and abroad organizations and individuals for legal aid in accordance with the law.
10. Support from the central budget for legal aid cases in litigation and coordinating resources for implementing legal aid to localities which are not able to balance the budget or pay in accordance with the law.
11. Be focal point to assist the Minister to provide guidance, monitor and implement legal aid policies and support the budget from the National targeted programme, Program on poverty elimination and Socio-economic development for communes of special difficulties in mountainous areas and in the ethnic minority communities in accordance with laws and decentralization of the Ministry;
12. Undertake international cooperation activities in the legal aid area in accordance with laws and decentralization of the Ministry;
13. Apply information technology in state management in legal aid area; build, manage and use the database on legal aid organizations and cases; implement communication and dissemination on laws on legal aid in accordance with laws and decentralization of the Ministry;
14. Inspect, take part in supervision of implementation of legal regulations under the Agency’s functions; resolve appeals, denunciations in accordance with laws and decentralization of the Ministry;
15. Conduct interim and final reviews and report on a periodical or ad-hoc basis in the areas and tasks on legal aid that fall within the jurisdiction of the Agency as stipulated by law;
16. Take part in research on legal aid; coordinate in research, conduct training and re-training for public officials and staffs in legal aid area in accordance with laws and decentralization of the Ministry;
17. Implement the administrative procedure control, the administrative procedure reform, the administrative reform programme; fighting against corruption and waste, and settling legal violations in the legal aid area in accordance with laws and decentralization of the Ministry;
18. Undertake activities such as emulation, rewards and management of the Agency’s public servants and officials in accordance with laws and decentralization of the Ministry;
19. Undertake regulations on finance, accounting, management and use of state budget, public property of the Agency in accordance with laws and decentralization of the Ministry;
20. Fulfill other duties as assigned in accordance with laws and based on decentralization of the Ministry or Minister.
Institutions of the NLAA
The institutions of the NLAA facilitating the Director’s implementation of the state management include:
Organizations assisting the Director in implementing state management:
+ Office of the Agency
+ Division of Policies and Professional Management
+ Division of legal aid case quality management
+ Division of Finance – Accounting
Business units: Center of Information and data of legal aid