Perfecting the law on coordination in implementing legal aid in litigation activities

(Chinhphu.vn) - Joint Circular No. 10 has created a legal basis for the implementation of legal aid coordination in litigation activities. However, after more than 7 years of implementation, the implementation of this Circular has revealed a number of difficulties and problems. Therefore, the study, amendment and supplementation of Joint Circular No. 10 is extremely necessary.

Creating a legal basis for the implementation of legal aid coordination work. Illustrative photo

The need for amendments and supplements

On June 29, 2018, the Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Court and the Supreme People's Procuracy issued Joint Circular No. 10/2018/TTLT-BTP-BCA-BQP-BTC-TANDTC-VKSNDTC regulating coordination in implementing legal aid in litigation activities (referred to as Joint Circular No. 10).

Joint Circular No. 10 has created a legal basis for the implementation of coordination of legal aid in litigation activities, more clearly defining the responsibilities of litigation agencies, competent persons conducting litigation, organizations and persons implementing legal aid.

However, after more than 7 years of implementation, the implementation of Joint Circular No. 10 has revealed a number of difficulties and problems such as the lack of regulations on explaining the right to legal aid to the accused and the person being recommended for prosecution; some forms issued with the Joint Circular are not really convenient in the application process, etc.

At the same time, in the context of the requirement for innovation in law-making and enforcement to meet the country's development in the new period, many new regulations have been issued such as the Law on Juvenile Justice 2024, the Law on Prevention of Human Trafficking 2024, Decision No. 26/2025/QD-TTg regulating the composition, tasks and powers of the Council for Coordination of Law Dissemination and Education , etc. Therefore, the research, amendment and supplementation of Joint Circular No. 10 is extremely necessary.

On that basis, the Ministry of Justice coordinated with the Supreme People's Court, the Supreme People's Procuracy and the Ministries of Public Security, National Defense and Finance to develop a draft Joint Circular amending and supplementing a number of articles of Joint Circular No. 10 (hereinafter referred to as the draft amended Joint Circular).

Many notable new points

In the process of advising on the drafting of the Joint Circular, the Department of Dissemination, Education of Law and Legal Aid closely followed the provisions of the law (Law on Legal Aid 2017, Criminal Procedure Code, Civil Procedure Code, Law on Administrative Procedure, etc.) and only amended and supplemented the provisions that were truly necessary, overcoming the shortcomings arising during the implementation process.

The draft amended Joint Circular includes 03 Articles: Article 1: Amending and supplementing a number of Articles of Joint Circular No. 10; Article 2: Abolishing a number of words, phrases, points, clauses, articles and replacing a number of Forms of Joint Circular No. 10 and Article 3: Regulations on implementation.

One of the notable contents of the draft revised Joint Circular is to add the subjects of "the accused, the person proposed for prosecution, the person detained in an emergency, the witness, the person implementing the diversionary measures, the prisoner" to be explained and notified about legal aid (hereinafter referred to as the person who is explained about legal aid). This provision is consistent with the 2015 Criminal Procedure Code, the 2024 Law on Juvenile Justice and Circular 46/2019/TT-BCA.

The mechanism for explaining and notifying about legal aid has also been improved: after the prosecution agency or detention facility explains about legal aid, if the person is eligible or self-identifies as eligible, they will be immediately notified to the Legal Aid Center or Branch. Here, they will be further explained, checked and complete procedures to provide services. This regulation helps people access legal aid early, protecting their legitimate rights and interests.

The draft also stipulates that the Minutes of Refusal of Legal Aid must be witnessed by three parties: the person being explained, the prosecution agency/detention facility and the person performing the legal aid. This is both transparent and objective, and affirms the individual's right to self-determination in whether or not to use the free service.

On August 4, 2025, the Prime Minister issued Decision No. 26/2025/QD-TTg stipulating the composition, tasks and powers of the Council for Coordination of Legal Dissemination and Education on the basis of merging the two Councils for Coordination of Legal Dissemination and Education and the Inter-sectoral Coordination Council on Legal Aid in Litigation Activities. Therefore, the provisions on the Inter-sectoral Coordination Council on Legal Aid in Joint Circular No. 10 are abolished to be consistent with Decision No. 26/2025/QD-TTg.

In addition, another notable new point of the draft revised Joint Circular is: Adding the case where the explanation of the right to legal aid is carried out at all stages of the proceedings, except in cases where a person has already performed legal aid to protect the legitimate rights and interests of the person receiving legal aid. This provision helps avoid overlooking the legal aid needs of the accused, litigant, and victim in the proceedings.

Amending and supplementing regulations on registration and validity of registration. Refusing, canceling registration, notifying the cancellation of registration for the person protecting the legal rights and interests of the person being proposed for prosecution, the accused, the victim, and the litigant in criminal proceedings.

The specific regulation on the Minutes explaining the right to free legal aid will be kept in the case file, regardless of whether it is a criminal proceeding or a civil or administrative proceeding. This regulation helps to strengthen the responsibility of the agencies conducting the proceedings in explaining legal aid to the litigants in civil and administrative cases, overcoming the current reality of the limited number of people receiving legal aid in civil and administrative proceedings.

Dieu Anh

Source: https://baochinhphu.vn/hoan-thien-phap-luat-ve-phoi-hop-thuc-hien-tro-giup-phap-ly-trong-hoat-dong-to-tung-102250924112431671.htm