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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
69/2006/QH11
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Hanoi,
June 29, 2006
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LAW
ON LEGAL AID
Pursuant to the 1992 Constitution of the Socialist
Republic of Vietnam,
which was amended and supplemented under Resolution No. 51/2001/QH10 of
December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for legal aid.
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope
This Law provides for legal aid beneficiaries,
legal aid-providing organizations, legal aid-providing persons, legal aid
services and the state management of legal aid.
Article 2.- Subjects of
application
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When a treaty to which the Socialist Republic of
Vietnam is a contracting party contains provisions different from those of this
Law, the provisions of that treaty shall apply.
Article 3.- Legal aid
Legal aid means the provision of "pro bono"
legal services to legal aid beneficiaries in accordance with this Law to help
them protect their legitimate rights and interests and improve their legal
understanding as well as their sense of respect for and observance of law; to
contribute to law dissemination and education, protect justice, ensure social
equity and prevent and restrict disputes and violations of law.
Article 4.- Principles
of legal aid services
1. Non-collection of charges, fees or
remunerations from legal aid beneficiaries.
2. Honesty and respect for objective truth.
3. Application of appropriate measures in
accordance with law in order to best protect legitimate rights and interests of
legal aid beneficiaries.
4. Observance of law and professional rules on
legal aid.
5. Taking of responsibility before law for legal
aid contents.
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Legal aid cases must be related to legitimate
rights and interests of legal aid beneficiaries and must not fall into business
or commercial domains.
Article 6.- Legal aid
polices
1. It is the State's responsibility to provide
legal aid.
2. The State plays a key role in providing, and
organizing the provision of, legal aid; encourages and creates conditions for
the Vietnam Fatherland Front and its member organizations, law-practicing organizations
and lawyers, and other agencies, organizations and individuals to participate
in, make contributions to, or support legal aid services.
Article 7.-
Responsibilities of organizations and individuals for legal aid services
1. Agencies and organizations shall, within the
scope of their tasks and powers, encourage and create conditions for their
cadres, civil servants, employees, members and other individuals working in
their agencies and organizations to act as legal aid collaborators.
2. Legal proceeding-conducting agencies and
other agencies and organizations related to legal aid services shall, within
the scope of their tasks and powers, coordinate with, facilitate, and supply
information and documents to, legal aid-providing organizations in providing
legal aid services.
Article 8.- Legal aid
fund
1. The legal aid fund is set up to support the
raising of the quality of legal aid services of, and the supply of working
equipment and facilities to, legal aid-providing organizations in localities with
economic difficulties.
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3. The legal aid fund operates for non-profit purposes
and is entitled to tax exemption. The legal aid fund must be properly managed
and used in accordance with law.
4. The Government shall specify the setting up,
management and use of the legal aid fund.
Article 9.- Prohibited
acts
1. Legal aid-providing organizations and persons
may not commit the following acts:
a/ Infringing upon the dignity, honor or
legitimate rights and interests of legal aid beneficiaries; discriminating
against legal aid beneficiaries;
b/ Receiving or demanding any sum of money or
any economic benefit from legal aid beneficiaries; harassing legal aid
beneficiaries;
c/ Disclosing information or secrets on legal
aid cases or legal aid beneficiaries, unless it is so agreed in writing by
legal aid beneficiaries or otherwise provided for by law.
d/ Refusing or discontinuing the provision of
legal aid, except for cases specified in Clauses 1 and 2, Article 45 of this
Law and provided for by the procedural law;
e/ Abusing legal aid services for self-seeking
purposes;
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g/ Inciting legal aid beneficiaries to declare
and supply false information and documents or to make complaints or
denunciations or initiate lawsuits in contravention of law.
2. Legal aid beneficiaries, agencies,
organizations and individuals engaged in legal aid services may not commit the
following acts:
a/ Infringing upon the dignity and honor of
legal aid-providing persons;
b/ Deliberately supplying false information and
documents on legal aid cases;
c/ Obstructing legal aid services; disturbing
and causing disorder at legal aid-providing places.
Chapter II
LEGAL AID BENEFICIARIES
Article 10.- Legal aid
beneficiaries
1. Poor people;
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3. Lonely elderly people, disabled people and
helpless children.
4. Ethnic minority people permanently residing
in areas with exceptionally difficult socio-economic conditions.
Article 11.- Rights of
legal aid beneficiaries
1. To request legal aid by themselves or via
their relatives or representatives.
2. To select legal aid-providing persons; to
request the replacement of legal aid-providing persons who fall into one of the
cases defined in Clause 2, Article 45 of this Law.
3. To modify or withdraw legal aid requests.
4. To request confidentiality of contents of
legal aid cases.
5. To be entitled to damages in accordance with
law.
6. To lodge complaints or denunciations about
legal aid.
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1. To supply papers proving their eligibility
for legal aid.
2. To supply information and documents related
to legal aid cases and be accountable for the accuracy of these information and
documents.
3. To respect legal aid-providing organizations,
legal aid-providing persons and other agencies, organizations and individuals
engaged in legal aid services.
4. Not to request a legal aid-providing
organization to provide legal aid for the case for which another legal
aid-providing organization is providing legal aid.
5. To abide by the law on legal aid and internal
rules of places of legal aid provision.
Chapter III
LEGAL AID-PROVIDING
ORGANIZATIONS
Article 13.- Legal
aid-providing organizations
1. Legal aid-providing organizations include
state legal aid centers and legal aid-participating organizations.
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a/ Law-practicing organizations;
b/ Legal counseling organizations of
socio-political organizations, socio-political-professional organizations,
socio-professional organizations (below collectively referred to as legal counseling
organizations).
Article 14.-
State legal aid centers
1. State legal aid centers are set up under
decisions of provincial/municipal People's Committees.
2. State legal aid centers are non-business
units attached to provincial/municipal Justice Services, have the legal persons
status, their own seals, head offices and accounts. Payrolls and funds for
operation of state legal aid centers are decided by provincial/municipal
People's Committees.
3. A state legal aid center has a director, a
deputy director and legal aid professionals. Directors of state legal aid
centers are appointed, removed from office or dismissed by provincial/municipal
People's Committee presidents.
Article 15.- Rights and
obligations of state legal aid centers
1. To provide legal aid.
2. To request concerned agencies and
organizations to coordinate and supply information and documents on legal aid
cases.
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4. To make reports and statistics on legal aid
according to regulations.
5. To settle complaints according to the
provisions of Clause 1, Article 49 of this Law.
6. To settle disputes over legal aid.
7. To make recommendations on matters related to
law enforcement.
Article 16.- Branches
of state legal aid centers
1. Based on the demands and practical conditions
of localities, presidents of provincial/municipal People's Committees shall
decide to establish branches of state legal aid centers at the request of
directors of provincial/municipal Justice Services.
2. Branches of state legal aid centers are
dependents units of these centers. State legal aid centers are accountable for
all operations of their branches. A branch is headed by a legal aid
professional who shall be appointed, removed from office or dismissed by the
director of the provincial/municipal Justice Service.
Article 17.-
Registration for participation in legal aid services by law-practicing
organizations and legal counseling organizations
1. Law-practicing organizations and legal
counseling organizations that participate in legal aid services shall make
written registration of the scope, forms and domains of legal aid with the
provincial/municipal Justice Services which have issued their operation
registration certificates.
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Article 18.- Rights and
obligations of law-practicing organizations and legal counseling organizations
participating in legal aid services
1. To provide legal aid in accordance with their
legal aid participation registration certificates.
2. To request concerned agencies and organizations
to supply information and documents related to legal aid cases.
3. To compensate for damage caused by their
faults during the process of providing legal aid.
4. To make reports and statistics on legal aid
according to regulations.
5. To settle disputes over legal aid.
6. To make recommendations on matters related to
law enforcement.
Article 19.-
Termination of participation in legal aid services by law-practicing
organizations and legal counseling organizations
1. Law-practicing organizations or legal
counseling organizations terminate their participation in legal aid services in
the following cases:
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b/ They are not allowed to further participate
in legal aid services in cases of causing serious consequences or committing
violations though having been administratively sanctioned according to the
provisions of Clause 2, Article 48 of this Law;
c/ They terminate their operation in accordance
with law.
2. When terminating their participation in legal
aid services, law-practicing organizations or legal counseling organizations
shall notify it to the provincial/municipal Justice Services with which they
have registered for participation in legal aid services, transfer dossiers of
legal aid cases they are handling to state legal aid centers in localities
where they have registered for participation in legal aid services, and perform
related obligations.
Chapter IV
LEGAL AID-PROVIDING
PERSONS
Article 20.- Legal
aid-providing persons
1. Legal aid-providing persons include legal aid
professionals and legal aid-participating persons.
2. Legal aid-participating persons include:
a/ Collaborators of state legal aid centers
(below referred to as collaborators);
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c/ Legal counselors working in legal counseling
organizations (below referred to as legal counselors).
3. Those who fall into one of the following
cases are prohibited from participating in legal aid services:
a/ Being examined for penal liability or having
been convicted but not yet entitled to remission of criminal records or having
been convicted for very serious crimes or particularly serious crimes;
b/ Being confined to a medical establishment or
reformatory as an administrative handling measure or being put on administrative
probation;
c/ Having their civil act capacity lost or
restricted;
d/ Having been dismissed from their jobs as a
disciplinary form while the three-year time limit counting from the date the
dismissal decisions take effect has not yet expired;
e/ Being deprived of the right to use legal
practice certificate; or having their legal counselor's certificates withdrawn.
Article 21.- Legal aid
professionals
1. Legal aid professionals are Vietnamese
citizens who permanently reside in Vietnam
and fully satisfy the following conditions:
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b/ Having a law university degree;
c/ Having a certificate of legal aid training;
d/ Having been involved in legal work for two
years or more;
e/ Being physically fit for ensuring the
fulfillment of assigned tasks.
2. Legal aid professionals are state employees,
work in state legal aid centers and are granted legal aid professional's cards
by presidents of provincial/municipal People's Committees at the proposal of
directors of provincial/municipal Justice Services.
3. Legal aid professionals provide legal aid in
the following forms:
a/ Providing legal advice;
b/ Participating in legal proceedings in the
capacity as lawful representatives of detainees, the accused or defendants to
defend these persons; as defenders of interests of involved parties in criminal
cases or as representatives or defenders of legitimate rights and interests of
involved parties in civil or administrative cases;
c/ Acting as representatives beyond legal
proceedings for legal aid beneficiaries to perform jobs related to law;
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Article 22.-
Collaborators
1. Vietnamese citizens who permanently reside in
Vietnam, have full civil act capacity, have good moral quality, are physically
fit for ensuring the fulfillment of assigned tasks, voluntarily participate in
legal aid services and do not fall into one of the cases specified in Clause 3,
Article 20 of this Law will be considered, recognized and granted collaborator's
cards by directors of provincial/municipal Justice Services if:
a/ They have a law university degree; they have
a university degree in another major and work in branches or professions
related to fundamental rights and obligations of citizens;
b/ They permanently reside in areas with
exceptional socio-economic difficulties, ethnic minority or mountainous
regions, have an intermediate degree in law or have been involved in legal work
for three years or more, or have legal knowledge and high prestige in their
communities;
c/ They are lawyers or legal counselors.
2. Collaborators shall participate in legal aid
services under the assignment of directors of state legal aid centers.
Collaborators who are not lawyers shall
participate in legal aid services only in the form of legal counseling.
3. When participating in legal aid services,
collaborators are entitled to remuneration and administrative expenses in
accordance with law.
Article 23.- Lawyers
participating in legal aid services
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Article 24.- Legal
counselors participating in legal aid services
Legal counselors shall participate in legal aid
services under the assignment of legal counseling organizations where they are
working and in the capacity as collaborators of state legal aid centers.
Article 25.- Rights and
obligations of legal aid-providing persons
1. To provide legal aid.
2. To refuse or discontinue the provision of
legal aid in cases specified in Clauses 1 and 2, Article 45 of this Law and in
accordance with procedural law.
3. To be trained in legal aid knowledge and
skills.
4. To abide by the principles of legal aid
services.
5. To observe internal rules of legal
aid-providing organizations.
6. To promptly report to legal aid-providing
organizations on arising matters which may affect legal aid results.
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SCOPE, FORMS AND
ACTIVITIES OF LEGAL AID
Section 1. SCOPE AND FORMS OF
LEGAL AID
Article 26.- Scope of
legal aid
1. State legal aid centers in provinces and
centrally run cities shall provide legal aid within the following scope:
a/ Legal aid beneficiaries residing in their
localities;
b/ Legal aid cases occurring in their
localities;
c/ Legal aid cases transferred by other legal
aid-providing organizations.
2. Law-practicing organizations and legal
counseling organizations shall participate in legal aid services within their
registered scope.
Article 27.- Forms of
legal aid
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2. Participation in legal proceedings.
3. Representation beyond legal proceedings.
4. Other forms of legal aid.
Article 28.- Legal
counseling
Legal aid professionals, collaborators, lawyers
and legal counselors shall provide legal counseling to legal aid beneficiaries
by giving instructions, explanations and opinions, supplying legal information
or drafting documents related to legal aid cases.
Article 29.-
Participation in legal proceedings
1. Legal aid professionals and lawyers shall
participate in criminal proceedings to defend legal aid beneficiaries who are
detainees, the accused or defendants or to protect interests of legal aid
beneficiaries who are victims, civil plaintiffs, civil defendants or persons
with rights and interests related to criminal cases.
2. Legal aid professionals and lawyers shall
participate in civil proceedings and administrative proceedings to protect
legitimate rights and interests of legal aid beneficiaries in civil and
administrative cases.
Article 30.-
Representation beyond legal proceedings
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2. Representation beyond legal proceedings shall
be carried out within the scope of the request of a legal aid beneficiary.
Article 31.- Other
forms of legal aid
Legal aid professionals and lawyers shall
provide legal aid in other forms to legal aid beneficiaries by helping them
make reconciliation or performing other tasks related to administrative
procedures, complaints and other activities in accordance with law.
Section 2. LEGAL AID SERVICES
Article 32.- Places for
reception of legal aid beneficiaries
1. Legal aid-providing organizations shall
arrange places for reception of legal aid beneficiaries which are convenient
for legal aid beneficiaries to express their requests.
2. At the reception places, the timetable for
and internal rules on reception of legal aid beneficiaries must be posted up.
Article 33.- Legal aid
requests
Legal aid beneficiaries shall file written
requests or directly meet legal aid-providing persons to explain their cases
and produce papers proving their eligibility for legal aid. If a legal aid
beneficiary cannot write a request by himself/herself, the legal aid-providing
person shall fill in the request form, give it to the legal aid beneficiary for
reading or read it to the legal aid beneficiary and asks him/her to sign or
press his/her fingerprint on the filled-in form.
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1. Those who receive written requests for legal
aid shall check their contents related to legal aid and shall accept those requests
that involve cases, within the scope and with beneficiaries as defined in
Articles 5, 10 and 26 of this Law.
2. When legal aid beneficiaries lack papers
proving their eligibility for legal aid or papers and documents related to the
legal aid cases, the persons who receive the requests of the legal aid
beneficiaries shall guide them to supply these papers and documents.
Article 35.- Provision
of legal aid
When providing legal aid, legal aid-providing
persons shall thoroughly study papers and documents in the dossiers of the
cases related to the legal aid requests, details of the cases and relevant
legal provisions, and apply appropriate measures in conformity with law to
provide legal aid.
Article 36.-
Coordination in verifying legal aid cases
1. When it is necessary to verify details and
facts related to a legal aid case in another locality, the state legal aid
center which has accepted the case may request the state legal aid center in
that locality to join in the verification. A verification request must be made
in writing, clearly stating the to be-verified contents and the deadline for
reply.
2. The requested state legal aid center shall
carry out the verification and send a notice of the verification results,
together with relevant papers and documents, to the requesting state legal aid
center.
3. The verification requests, notices of
verification results and relevant papers and documents must be filed in
dossiers of legal aid cases.
Article 37.- Transfer
of legal aid cases
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2. After receiving documents on the transfer of
legal aid cases and relevant dossiers, state legal aid centers shall accept the
cases and notify concerned legal aid beneficiaries thereof.
Article 38.- Legal
counseling activities
1. Legal counseling shall be provided verbally
or in writing; directly, by mail, telegraphs or through other means of
communication; through itinerant legal aid services, law-specialized
activities, legal aid clubs or in other forms.
2. For simple cases, legal aid-providing persons
shall immediately provide legal advice and record the major contents on the
legal aid-provision slips. A legal aid-provision slip shall be made in two
copies, one copy to be given to the legal aid beneficiary and the other copy to
be filed in the dossier of the case.
3. For complicated cases which require time for
study or verification or cases which lack relevant papers and documents, legal
aid-providing persons shall make appointment slips or request the submission of
relevant papers and documents.
Within 15 days after accepting the cases or
receiving adequate papers and documents, legal aid-providing persons shall
study the cases and issue written replies to legal aid beneficiaries; for cases
which require time for verification, this time limit may be longer but must not
exceed 30 days.
4. For counseling requests sent by mail, legal
aid-providing persons shall issue written replies within 15 days after
receiving the requests.
Article 39.- Participation
in legal proceedings
1. Within three working days after receiving
legal aid beneficiaries' requests for the appointment of persons to participate
in legal proceedings as provided for in Article 29 of this Law, state legal aid
centers or law-practicing organizations shall appoint legal aid-providing
persons to participate in legal proceedings.
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2. Legal proceeding-conducting agencies shall
issue defense counsel's certificates, certificates of defenders of interests of
involved parties in criminal cases or certificates of the defenders of
legitimate rights and interests of involved parties in civil or administrative
cases (collectively referred to as proceeding participation certificates) to
legal aid professionals and lawyers within three days after receiving state
legal aid centers' documents on the appointment of persons to participate in
legal proceedings, unless otherwise provided for by the procedural law.
The grant of proceeding participation
certificates to lawyers who participate in legal aid services under the
appointment of law-practicing organizations or to lawyers who practice law
individually shall comply with the procedural law and the law on lawyers.
3. Except when they are withdrawn or when legal
aid professionals and lawyers are replaced or not allowed to participate in
legal proceedings as provided for by law, proceeding participation certificates
granted to legal aid professionals and lawyers are valid in all stages of legal
proceedings.
4. When participating in legal proceedings,
legal aid professionals and lawyers shall produce their proceeding
participation certificates, legal aid professional's cards or lawyer's cards;
have rights and obligations as provided for by the procedural law; and may
apply measures provided for by the procedural law to protect legitimate rights
and interests of legal aid beneficiaries.
Article 40.-
Representation beyond legal proceedings
1. Within three working days after receiving
legal aid requests, state legal aid centers or law-practicing organizations
shall appoint legal aid-providing persons to act as representatives beyond
legal proceedings for legal aid beneficiaries.
The appointment of representatives beyond legal
proceedings must be expressed in a document to be sent to concerned legal aid
beneficiaries.
2. When performing representation beyond legal
proceedings, representatives shall apply appropriate measures in accordance
with law to protect legitimate rights and interests of legal aid beneficiaries.
Article 41.- Other
legal aid services
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2. The provision of other legal aid services
must be recorded in a minutes.
Article 42.-
Recommendations made through legal aid services
Through legal aid services, legal aid-providing
organizations may make written recommendations to competent state agencies on
matters related to law enforcement. Agencies that receive those recommendations
shall, within the scope of their tasks and powers, consider and settle them in
accordance with law.
Article 43.- Dossiers
of legal aid cases
1. When providing legal aid, legal aid-providing
persons shall compile dossiers of legal aid cases. The dossier of a legal aid
case comprises:
a/ A written request for legal aid;
b/ Papers proving the requester's eligibility
for legal aid;
c/ Papers and documents related to the legal aid
case.
2. For cases of legal aid provided in the form
of legal counseling, apart from papers and documents specified in Clause 1 of
this Article, their dossiers also comprise legal aid-provision slips or
documents on legal counseling.
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a/ The document on the appointment of a legal
aid professional or lawyer;
b/ The document on the defense or protection of
interests of the legal aid beneficiary.
4. For cases of legal aid provided in the form
of representation beyond legal proceedings, apart from papers and documents
specified in Clause 1 of this Article, the dossiers also comprise reports on
the jobs that have been done by legal aid-providing persons within the scope of
representation beyond legal proceedings.
5. For cases of legal aid provided in other
forms, apart from papers and documents specified in Clause 1 of this Article,
the dossiers also comprise the minutes on the provision of legal aid.
Article 44.- Filing of
legal aid case dossiers
1. Within 15 days after finishing the legal aid
cases, legal aid-providing persons shall transfer their dossiers to their legal
aid-providing organizations.
2. Dossiers of legal aid cases shall be
classified, numbered and arranged chronologically according to the forms and
legal domains in which legal aid is provided and preserved for five years after
the date of transfer.
Article 45.- Refusal or
discontinuation of the provision of legal aid
1. A legal aid case will be rejected or
discontinued if it falls into one of the following circumstances:
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b/ The legal aid beneficiary intentionally
supplies false information and documents on the case;
c/ The legal aid beneficiary seriously violates internal
rules or causes disorder at the place of legal aid provision; infringes upon
the honor or dignity of the legal aid-providing person;
d/ The legal aid beneficiary withdraws his/her
request for legal aid;
e/ The legal aid case is currently dealt with by
another legal aid-providing organization;
f/ The legal aid case does not comply with the
provisions of Article 5 and Article 26 of this Law;
g/ The legal aid case should be transferred
under Article 37 of this Law.
2. The legal aid-providing person shall refuse
or discontinue the provision of legal aid in the following cases:
a/ He/she has provided or is providing legal aid
to a legal aid beneficiary that is a party with conflicting interests in the
same case, except for cases of reconciliation or legal counseling;
b/ His/her legitimate rights and interests are
related to or his/her relatives are involved in the legal aid case;
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d/ There are grounds to believe that he/she is
possibly biased during the process of providing legal aid.
3. When the legal aid-providing person must
refuse or discontinue the provision of legal aid under Clause 2 of this
Article, his/her legal aid-providing organization shall appoint another person
to provide legal aid or he/she shall introduce another legal aid-providing
person to the concerned legal aid beneficiary.
4. When refusing or discontinuing the provision
of legal aid, the legal aid-providing organization or legal aid-providing
person shall notify the reason therefor in writing to the concerned legal aid
beneficiary.
Chapter VI
STATE MANAGEMENT OF
LEGAL AID
Article 46.- Contents
of state management of legal aid
1. Elaborating, promulgating, guiding, and
organizing the implementation of, legal documents on legal aid; formulating
strategies and plans on the development of legal aid.
2. Promulgating, and organizing the
implementation of, professional regulations, criteria, regimes, policies and
professional rules on legal aid.
3. Managing and guiding the organization and
operation of state legal aid centers and their branches; issuing, withdrawing
or renewing certificates of registration for participation in legal aid
services of law-practicing organizations and legal counseling organizations;
and adopting measures to support the development of legal aid services.
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5. Making reports and statistics on legal aid
according to regulations.
6. Ensuring funds, working equipment and other
physical conditions for the provision of legal aid services by the State; and
setting up and managing the legal aid fund.
7. Examining, inspecting, settling complaints
and denunciations, effecting commendation, reward and disciplining, and
handling violations in the domain of legal aid.
8. Implementing international cooperation in the
domain of legal aid.
Article 47.- Agencies
performing state management of legal aid
1. The Government shall perform the uniform
state management of legal aid.
2. The Ministry of Justice shall take
responsibility before the Government for the performance of state management of
legal aid.
3. Ministries and ministerial-level agencies
shall, within the scope of their tasks and powers, coordinate with the Ministry
of Justice in performing the state management of legal aid.
4. Provincial/municipal People's Committees
shall, within the scope of their tasks and powers, perform the state management
of legal aid in their localities; ensure payroll, funds, material bases and working
equipment and facilities for state legal aid centers; conduct inspection and
examination, settle complaints and denunciations, effect commendation, reward
and disciplining, and handle violations in the domain of legal aid in their
localities.
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HANDLING OF VIOLATIONS
AND SETTLEMENT OF COMPLAINTS, DENUNCIATIONS AND DISPUTES
Article 48.- Handling
of violations
1. Legal aid-providing persons, legal aid
beneficiaries and other persons who commit acts of violating the provisions of
this Law shall, depending on the nature and seriousness of their violations, be
disciplined, administratively sanctioned or examined for penal liability; if
causing damage, they shall pay compensation therefor in accordance with law.
2. Legal aid-participating organizations that
commit acts of violating the provisions of this Law shall be administratively
sanctioned; if causing damage, they shall pay compensation therefor in
accordance with law; if causing serious consequences or committing violations
though having been administratively sanctioned, they shall be banned from
participation in legal aid services.
3. Those who abuse their position or powers to
hinder or cause difficulties to legal aid services or commit acts of violating
the law on legal aid shall, depending on the nature and seriousness of their
violations, be disciplined or examined for penal liability; if causing damage,
they shall pay compensation therefor in accordance with law.
4. Forms, competence and procedures for handling
administrative violations on legal aid shall comply with the law on handling of
administrative violations.
Article 49.- Settlement
of complaints and denunciations
1. Legal aid beneficiaries may lodge complaints
about the following acts of state legal aid centers, legal aid professionals or
collaborators when having grounds to believe that those acts are unlawful acts
or infringe upon their legitimate rights and interests:
a/ Refusing to accept legal aid cases;
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c/ Changing legal aid-providing persons.
Directors of state legal aid centers shall
settle complaints about acts defined in this Clause within three working days
after receiving the complaints; the complainants who disagree with
complaint-settlement decisions of directors of state legal aid centers may
further lodge their complaints to directors of provincial/municipal Justice
Services. Directors of provincial/municipal Justice Services shall settle
complaints within 15 days after receiving them.
2. Organizations and individuals may complain
about the issuance, renewal and withdrawal of certificates of registration for
the provision of legal aid; the grant and withdrawal of collaborator's cards;
and disciplining decisions, decisions on administrative sanctions and other
administrative decisions and acts in the domain of legal aid.
The settlement of complaints about legal aid
specified in this Clause shall comply with the law or complaints.
3. Individuals may denounce violations of this
Law to competent state agencies. Denunciations and settlement of denunciations
shall comply with the law on denunciations.
Article 50.- Settlement
of disputes
1. Disputes arising between legal aid
beneficiaries and legal aid professionals, collaborators, state legal aid
centers, legal counselors or legal counseling organizations regarding the
provision of legal aid shall be settled in accordance with the civil law.
2. Disputes arising between legal aid
beneficiaries and lawyers or law-practicing organizations regarding the
provision of legal aid shall be settled in accordance with the law on lawyers
and other relevant laws.
Chapter VIII
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Article 51.-
Implementation effect
This Law takes effect on January 1, 2007.
Article 52.-
Implementation guidance
The Government, the Supreme People's Court and
the Supreme People's Procuracy shall, within the scope of their functions and
tasks, detail and guide the implementation of this Law.