Nghị định 66/2008/NĐ-CP về việc hỗ trợ pháp lý cho doanh nghiệp

DECREE

ON LEGAL AID FOR ENTERPRISES

THE GOVERNMENT

Pursuant to the December 25. 2001 Law on Organization of the Government;
Pursuant to the November 26. 2003 Law on Organization of People's Councils and People's Committees:
At the proposal of the Minister of Justice.

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1- Scope of regulation

This Decree provides for forms and contents of legal aid. conditions for ensuring the provision of legal aid for enterprises and business organizations and individuals (below collectively referred to as enterprises); and responsibilities of ministries and ministerial-level agencies (below collectively referred to as ministries) and People's Committees of provinces and centrally run cities (below collectively referred to as provincial-level People's Committees) for providing legal aid for enterprises.

Article 2.- Subjects of application Subject to this Decree are:

1. Ministries:

2. Provincial-level People's Committees;

3. The Vietnam Chamber of Commerce and Industry, the Vietnam Union or Cooperatives and business associations, societies and clubs (below collectively referred to as institutional representatives of enterprises):

4. Enterprises:

5. Other agencies, organizations and individuals defined by law.

Article 3.- Principles of providing legal aid for enterprises

1. Legal aid for enterprises referred to in this Decree is provided for all enterprises, regardless of their ownership and organizational forms, business scales and domains of operation.

2. Legal aid is provided in appropriate forms. Programs on legal aid for enterprises shall be formulated based on socio-economic conditions of the country and of each region, branch or domain and needs of each legal aid beneficiary

3. Legal aid is provided for enterprises on the principle of coordination between state agencies and institutional representatives of enterprises.

Article 4.- Responsibilities of ministries and provincial-level People's Committees in providing legal aid for enterprises

Within the ambit of their functions, tasks and powers, ministries and provincial-level People's Committees shall:

1. Direct specialized agencies in taking the initiative in grasping enterprises' needs for legal aid:

2. Organize the provision of legal aid for enterprises under this Decree.

Article 5.- Responsibilities of institutional representatives of enterprises in. providing legal did

1. To take the initiative in organizing the provision of legal aid for enterprises within the ambit of their respective functions and tasks.

2. To coordinate with state management agencies and other concerned organizations in providing legal aid for enterprises under this Decree.

Article 6. - Responsibilities of enterprises

1 To take the initiative in studying laws, appoint staff members to take charge of corporate legal affairs, or hire attorneys at law to provide consultancy on their observance of law.

2. To coordinate with state management agencies and their institutional representatives in providing legal aid under this Decree.

Chapter II

FORMS AND CONTENTS OF LEGAL AID FOR ENTERPRISES

Article 7.- Development and exploitation of law databases in service of operation of enterprises

1. Ministries shall organize the development, maintenance and updating of databases on legal documents relevant to operation of enterprises within branches or domains under their management, and publish these documents on their official websites, except those on the list of state secrets as prescribed by law.

2. Provincial-level People's Committees shall organize the development, maintenance and updating of databases on legal documents relevant to operation of enterprises issued by local competent state agencies, and publish these documents on their official websites, except those on the list of suite secrets as prescribed by law.

3. Enterprises may get access to and use free of charge information posted on websites specified in Clauses 1 and 2 of this Article. If legal documents which have taken effect but have not yet been posted or websites of ministries or provincial-level People's Committees, enterprises may request these ministries or provincial-level People's Committees to post these documents on their websites.

Article 8.- Compilation of documents introducing or disseminating legal documents

1. Ministries shall compile documents introducing or disseminating legal documents newly issued within branches or domains under their management and relevant to operation of enterprises.

2. Provincial-level People's Committees shall compile documents introducing or disseminating legal documents issued by local competent state agencies and relevant to operation of enterprises.

3. Provincial-level People's Committees shall direct their specialized agencies to coordinate with institutional representatives of enterprises in working out plans on and organizing the distribution of documents introducing legal documents to enterprises in their localities.

Article 9.- Training in law know ledge for enterprises

1. Ministries shall organize the compilation of documents for training in law knowledge relevant to operation of enterprises within branches or domains under their management, and coordinate with provincial-level People's Committees and institutional representatives of enterprises in providing law knowledge training for enterprises.

2. Provincial-level People's Committees shall direct their specialized agencies to coordinate with institutional representatives of enterprises in working out plans on and organizing training in law knowledge for enterprises in their localities.

Article 10.- Answering of law inquiries of enterprises

1. Enterprises may request specialized agencies of provincial-level People's Committees to answer their law inquiries concerning their operation within branches or domains under these agencies' management.

2. In case the answers of specialized agencies of provincial-level People's Committees specified in Clause 1 of this Articles do not satisfy inquiring enterprises, these enterprises may request concerned ministries to answer.

3. The answering of law inquiries is made in the following forms:

a/ Written answers:

b/ Online answers:

c/ Face-to-face or phone answers:

d/ Other forms of communication as specified by law.

4. Specialized agencies of provincial-level People's Committees and ministries shall answer law inquiries within 15 working days after enterprises fully supply information relating to ■their law inquiries. For law inquiries which are complicated or related to the state management of more than one branch or domain, the time limit for answering is 30 working days.

5. In case of refusal to answer law inquiries, requested agencies shall give reasons for their refusal.

6. The answering of law inquiries specified in this Article is not applicable to enterprises' law-inquiries about specific cases related to their production and business activities.

Article 11.- Receipt of enterprises proposals for improvement of laws

1. Ministries and provincial-level People's Committees shall organize the receipt and summing up of enterprises' proposals concerning legal provisions so as to amend, supplement or issue new legal documents according to their competence or submit to competent state agencies for consideration and decision amendments or supplements to current legal documents or issuance of new ones.

2. Legal departments of ministries and Justice Sen. ices of provincial-level People's Committees shall assume the prime responsibility for, and coordinate with concerned units in. assisting ministries and provincial-level People's Committees in. performing the tasks specified in Clause 1 of this Article.

3. Before December 31 every year, ministries and provincial-level People's Committees shall send sum-up reports on receipt and handling of enterprises' proposals for improvement of legal provisions within branches, domains or localities under their respective management to the Ministry of Justice for summing up and reporting to the Prime Minister.

Article 12.- Formulation and organization of implementation of programs on provision of legal aid for enterprises

1. Objectives of programs on provision of legal aid for enterprises are to supply legal information for enterprises: to disseminate and train knowledge about business law among enterprise managers; and to train in professional skills in dealing with corporate legal affairs.

2. Bases for formulation of programs on provision of legal aid for enterprises:

a/ Enterprises' needs for legal aid in each period and in different regions, branches or domains, and requirements of international economic integration:

Law and resolution-making programs of the National Assembly: ordinance- and resolution-making programs of the National Assembly Standing Committee, and plans on promulgation of legal documents of the Government, centra! and local state agencies.

3. Formulation of programs on provision of legal aid for enterprises

a/ For programs on provision of legal aid for enterprises within branches or localities:

Ministers or presidents of provincial-level People's Committees shall organize the formulation and approval of programs on provision of legal aid for enterprises within branches, domains or localities under their respective management.

b/ For inter-branch legal aid programs:

Ministries or provincial-level People's Committees shall propose activities of providing legal aid for enterprises within branches, domains or localities under their respective management to the Ministry of Justice for incorporation in inter-branch legal aid programs:

Institutional representatives of enterprises shall propose activities of providing legal aid at the request of their member enterprises to the Ministry of Justice for incorporation in inter-branch legal aid programs:

-The Ministry of Justice shall assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in. planning and organizing the formulation of inter-branch legal aid programs before submitting them to the Prime Minister for approval.

4. After programs on provision of legal aid for enterprises are approved by competent state agencies, ministries and provincial-level People's Committees shall organize the implementation of these programs within the scope of their respective functions and tasks. Institutional representatives of enterprises and organizations and individuals having the function of providing legal services are encouraged to participate in providing legal aid for enterprises under legal aid programs.

Chapter III

ORGANIZATION OF PROVISION OF LEGAL AID FOR ENTERPRISES

Article 13.- Responsibilities to organize the implementation

1. The Ministry of Justice shall assist the Government in performing the state management of the provision of legal aid for enterprises nationwide.

Within the ambit of its responsibility, the Ministry of Justice has the following tasks and powers:

a/ To assume the prime responsibility for or take part in elaborating and submitting to competent authorities for promulgation or promulgate according to its competence legal documents on legal aid for enterprises;

b/ To take the initiative in organizing or coordinating with other agencies in conducting the provision of legal aid for enterprises under this Decree;

c/ To organize the provision of law knowledge training and professional guidance for legal aid workers:

d/ To coordinate with other ministries and provincial-level People's Committees in directing and inspecting the provision of legal aid for enterprises:

e/ To assume the prime responsibility for. and coordinate with other ministries and provincial-level People's Committees in. reviewing the provision of legal aid for enterprises and annually reporting it to the Prime Minister.

2. Ministries and provincial-level People's Committees shall take the initiative in organizing or coordinating with one another in conducting the provision of legal aid for enterprises under this Decree: organize reviews of the provision of legal aid for enterprises and notify them to the Ministry of Justice on an annual basis or at the latter's request for summing up and reporting to the Prime Minister.

3. Legal departments of ministries shall assume the prime responsibility for organizing the provision of legal aid for enterprises under these ministries' management.

4. Provincial-level Justice Services shall advise provincial-level People's Committees on the provision of legal aid for enterprises in their localities and assume the prime responsibility for coordinating with other specialized agencies of provincial-level People's Committees in providing legal aid for enterprises under this Decree.

Article 14.- Funds for the provision of legal aid

1. Funds for the provision of legal aid are incorporated in estimates of regular budget expenditures of ministries and provincial-level People's Committees under the Law on the State Budget and relevant legal documents.

2. Ministries and provincial-level People's Committees may mobilize and use financial aid or supports of domestic and foreign organizations and individuals for the provision of legal aid for enterprises in accordance with law.

3. For programs on provision of legal aid for enterprises implemented by ministries and provincial-level People's Committees specified at Point a. Clause 3. Article 12 of this Decree, funds for their implementation are incorporated in annual budge: estimates of ministries and provincial - level People's Committees. For inter-branch legal aid programs specified at Point b. Clause 3. Article 12 of this Decree, funds for their implementation are incorporated in annual budget estimates of agencies in charge of these programs.

4. The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Justice in. guiding the estimation, management and use of support funds from the state budget for the provision of legal aid for enterprises.

Article 15.- Organization of legal affairs apparatuses and improvement of qualifications of legal affairs officers in ministries and provincial-level People's Committees

1. Legal affairs apparatuses of ministries and specialized agencies of provincial-level People's Committees shall be consolidated and strengthened to take charge of organizing the provision of legal aid for enterprises under this Decree.

2. Ministers and presidents of provincial-level People's Committees shall ensure sufficient personnel for consolidating and strengthening the organization and operation of legal affairs apparatuses of their ministries and specialized agencies of their provincial-level People's Committees.

3. Legal affairs officers of ministries and specialized agencies of provincial-Ievel People's Committees will be trained and retrained to improve their professional qualifications and skills and enjoy favorable conditions regarding material foundations, working equipment entitlements and preferential policies so as to fulfill their assigned tasks.

The Ministry of Home Affairs shall assume the prime responsibility for. and coordinate with he Ministry of Justice the Ministry of Finance and the Ministry of Labor. War invalids and Social Affairs in. providing for entitlements and personnel policies toward legal affairs officers in ministries and specialized agencies of provincial-level People's Committees.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16.- implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 17.- Implementation responsibility

Ministers, heads of ministerial-level agencies and presidents of provincial-level People's Committees shall implement this Decree.