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THE NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 11/2017/QH14
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Hanoi, June 20,
2017
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LAW
ON
LEGAL AID
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
Legal Aid.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for legally-aided persons; legal
aid-providing organizations; legal aid-providing persons; legal aid services
and responsibilities of agencies, organizations and individuals in legal aid
services.
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Legal aid means the provisions of legal services
free of charge to legally-aided persons in a legal aid-related case in
accordance with this Law, contributing to the assurance of human rights and
citizenship in the access to justice and equality before the law.
Article
3. Principles of legal aid services
1. Compliance with law and professional regulations on
legal aid.
2. Timeliness, independence, honesty and respect for objective
truth.
3. Best protection of legitimate rights and interests of
legally-aided persons.
4. Non-collection of fees, economic benefits or other
benefits from legally-aided persons.
Article 4. Legal aid policies
1. It is the State's responsibility to provide legal aid.
2. The
State shall have policy on assuring the rights to receive legal aid suitable
for the economic-social conditions.
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4. The State shall support,
encourage, record and honor agencies, organizations and individuals involved in
legal aid services.
Article 5. Financial sources
used for legal aid
1. Financial sources for the legal aid services include
state budget; contributions and donations of foreign and domestic
organizations, individuals and other lawful capital sources.
2. The funding from the state budget is allocated in the
annual state budget of the legal aid authority in accordance with the Law on
budget.
Local governments
that have not balanced the budget shall prioritize the allocation of budget
capital from the annual additional funding to support the settlement of typical
or complex legal aid-related cases.
3. Funding for legal aid services of voluntary
organizations shall be guaranteed by such organizations.
Article 6. Prohibited acts in
legal aid services
1. Legal aid-providing organizations and individuals may
not commit the following acts:
a) Infringe upon the
dignity, honor or legitimate rights and interests of legally-aided persons;
discriminate against legally-aided persons;
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c) Disclose
information on legal aid-related cases or legally-aided persons unless it is
agreed in writing by legally-aided persons or otherwise provided for by law.
d) Refuse or discontinue
the provision of legal aid services, except for cases specified in this Law and
regulations on procedures;
dd) Abuse legal aid
services for self-seeking activities, encroach on national security and
defense, disturb social order and safety, cause adverse impacts on social
ethics;
e) Incite, provoke
legally-aided persons to declare and supply false information and documents or
to make complaints or denunciations or initiate lawsuits in contravention of
law.
2. Legally-aided persons, agencies, organizations and
individuals engaged in legal aid services may not commit the following acts:
a) Violate health,
life, dignity, honor of legal aid-providing persons and the reputation of
organizations providing legal aid services;
b) Deliberately
provide false information and documents on legal aid-related cases;
c) Threaten,
obstruct or illegally interfere in legal aid services; disturb, cause troubles
and seriously violate regulations at legal aid-providing places.
Chapter II
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Article 7. Legally-aided
persons
1. People with meritorious
services to the revolution.
2. People in poor households.
3. Children.
4. Ethnic minority people
permanently residing in areas with exceptionally difficult socio-economic
conditions.
5. Accused persons from 16
years old to under 18 years old.
6. Accused
persons in near-poor households.
7. People
in one of the following cases having financial difficulties:
a) Blood parents, spouses and children of patriotic
martyrs; persons having merits in nurturing young patriotic martyrs;
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c) Elderly people;
d) Disabled people;
dd) Victims in criminal prosecutions from 16 years
old to under 18 years old;
e) Victims in family domestic violence cases;
g) Victims of human trafficking cases as specified
in the Law on human trafficking prevention and combat;
h) HIV-positive people.
The Government shall stipulate in detail the
financial difficulties of legally-aided persons in this clause in accordance
with the socio-economic conditions.
Article 8. Rights of
legally-aided persons
1. Have the right to receive
legal aid services without paying fees, economic benefits or other benefits.
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3. Be informed about the right
to receive legal aid services, order and procedures of legal aid when going to
a legal aid-providing organization and concerned regulatory agencies.
4. Request confidentiality of
contents of legal aid-related cases.
5. Select one local legal
aid-providing organization and person on the list published; request for change
of legal aid-providing person when he/she falls into one of the cases specified
in Clause 1 and 2, Article 25 of this Law.
6. Modify or withdraw legal
aid requests.
7. Be entitled to damages in
accordance with law.
8. Lodge complaints or
denunciations about legal aid in accordance with this Law and other relevant
Law.
Article 9. Obligations of
legally-aided persons
1. Supply papers proving their
eligibility for legal aid.
2. Cooperate, provide
sufficient, timely information, documents and evidences in respect of legal
aid-related cases and be responsible for the accuracy of these information,
documents and evidences.
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4. Do not request another
legal aid-providing organization to provide legal aid for the case for which
another legal aid-providing organization is providing legal aid.
5. Comply with the Law on
Legal aid and rules of places of legal aid provision.
Chapter III
LEGAL AID-PROVIDING
ORGANIZATIONS, RIGHTS AND OBLIGATIONS OF LEGAL AID-PROVIDING ORGANIZATIONS
Article 10. Legal
aid-providing organizations
1. Legal aid-providing
organizations include state legal aid centers and legal aid-participating
organizations.
2. The Department of Justice
shall announce a list of qualified local legal aid-providing organizations and
post them on the website of the Department of Justice and send them to the
Ministry of Justice for aggregating and posting on the website of the Ministry
of Justice.
Article 11. State legal aid
centers
1. State legal aid centers are
non-business units affiliated to the Department of Justice established by
provincial People’s Committees, have legal status, their own seals, head
offices and accounts.
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Branch is an affiliate of a state legal aid center
which is established in a district in a severely disadvantaged area with
inadequate transportation to the state legal aid center and without
law-practicing organizations or legal counseling organizations participating in
legal aid services. The State legal aid center shall be responsible for all
activities of the branches. Depending on needs and actual conditions of the
province, Chairperson of the People’s Committee shall provide decisions on
establishing branches of the state legal aid center.
3. The Government shall
provide specific regulations on the organization and operation of state legal
aid centers and their branches.
Article 12. Legal
aid-participating organizations
1. Legal aid-participating
organizations include organizations signing contracts to provide legal aid
services and organizations registering for participation in legal aid services.
2. Organizations signing
contracts to provide legal aid services include law-practicing organizations
and legal counseling organizations signing contracts with the Department of
Justice to provide legal aid services in accordance with this Law.
3. Organizations registering
for participation in legal aid services include law-practicing organizations
and legal counseling organizations registering for participation in legal aid
services according to this Law.
Article 13. Rights and
obligations of legal aid-providing organizations
1. Legal aid-providing organizations
shall have the following rights and obligations:
a) Provide legal aid services;
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c) Pay compensations for damage caused by a member
of such organization's faults during the process of providing legal aid
services;
d) Make reports, release statistics and
communication on legal aid;
dd) Settle complaints according to the provisions
of Clause 2, Article 45 of this Law.
e) Make recommendations to competent authorities on
matters related to the settlement of legal aid-related cases.
2. State legal aid centers
shall have the following rights and obligations:
a) Rights and obligations according to the
provisions of Clause 1, this Article;
b) Perform other tasks on legal aid requested or
authorized by competent authorities.
3. Organizations signing
contracts to provide legal aid services shall have the following rights and
obligations:
a) Rights and obligations according to the provisions
of Clause 1, this Article;
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c) Other rights and obligations in accordance with
the contract on legal aid.
4. Organizations registering
for participation in legal aid services shall have the following rights and
obligations:
a) Rights and obligations according to the
provisions of Clause 1, this Article;
b) Provide legal aid services in accordance with
registered contents.
Article 14. Legal
aid-providing contract
1. Legal aid-providing
contract shall be signed between the Department of Justice and law-practicing
organizations, legal counseling organizations, and between state legal aid
center with legal aid supporting lawyers or collaborators regarding the
delivery of legal aid services in accordance with the civil law.
2. Based on legal aid
needs and actual conditions at the province, the Department of Justice shall
select and sign legal aid-providing contracts with an organization that wishes
to sign and meet the following requirements:
a) The registered line of business shall correspond
to the field of legal aid as specified herein;
b) Act as law-practicing organization, legal
counseling organization that has at least 01 legal counselor with at least 02
years of experience in consultancy or 01 full-time lawyer working at such
organization;
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d) The organization has not been
incurring an administrative penalty for violations against regulations on law
practicing and legal counseling.
3. Based on legal aid needs
and resources to provide legal aid at the province, the provincial state legal
aid center shall select and sign a legal aid-providing contract with a lawyer
that meets the following requirements:
a) He/she has not been incurring
an administrative penalty for violations against regulations on law practicing;
b) He/she has not been banned or restricted from
carrying out professional activities under a decision of the competent
authority;
c) He/she has not been facing a prosecution for
criminal liability;
d) He/she receives a written
approval from the law-practicing organization where he/she is working or the agency,
organization that signs the labor contract with such lawyer.
4. The
provincial state legal aid centers shall select and sign legal aid-providing
contracts with legal aid supporting collaborators as prescribed in Article 24
hereof.
5. Organizations
and individuals committed prohibited acts defined in Clause 1 Article 6 hereof
shall not select and sign legal aid-providing contracts within at least 02
years since the conclusion of the violation is issued.
6. The
Minister of Justice shall detail this Article.
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1. Law-practicing
organizations and legal counseling organizations which volunteer to provide
legal aid with their own resources may register for participation in the
provision of legal aid services as follows:
a) Law-practicing organizations shall satisfied all
conditions prescribed in Point a, c and d Clause 2 Article 14 hereof;
b) Legal counseling organizations shall satisfied
all conditions prescribed in Point a, c and d Clause 2 Article 14 hereof and
have at least 01 legal counselor with 02 years of experience in consultancy or
01 full-time lawyer working at such organization
2. Law-practicing
organizations and legal counseling organizations shall register their scope,
form, field and legally-aided persons with provincial Department of Justice
that has granted their licenses for operation registration.
3. The Minister of Justice
shall stipulate procedures for the registration for participation in the
provision of legal aid services
Article 16. Termination of
provision of legal aid services by Legal aid-participating organizations
1. Organizations signing
contracts to provide legal aid services shall terminate their provisions of
legal aid services in the following cases:
a) Have no longer satisfied one of the conditions
for signing contracts to provide legal aid services as prescribed in Clause 2
Article 14 hereof;
b) Termination under the contract of the provision
of legal aid services;
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d) Have their operation terminated in accordance
with law.
2. An organization registering
for participation in the provision of legal aid services shall terminate its
delivery of legal aid services in the following cases:
a) Has no longer satisfied one of the conditions
for registering for participation in the provision of legal aid services as
prescribed in Clause 1 Article 15 hereof;
b) It terminates its participation in legal aid
services itself after sending a written notice to the provincial Department of
Justice that has granted its license for operation registration;
c) It has not provided legal aid services for 02
consecutive years except for cases due to objective reasons;
d) It has caused serious consequences when
providing legal aid services;
dd) It has its operation terminated in accordance
with law.
3. When terminating delivery
of legal aid services, the legal aid-participating organization shall send a
written notice to the Department of Justice and transfer dossiers of legal aid-related
cases it has not finished to the state legal aid center assigned by the
Department of Justice for continuation of handling.
Chapter IV
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Article 17. Legal aid-providing
persons
1. Legal aid-providing persons
include:
a) Legal aid assistants;
b) Lawyers providing legal aid services under
contract with State legal aid center; lawyers providing legal aid services
assigned by legal aid-participating organizations;
c) Legal counselors with at least 02 years of
experiences in legal counseling service and working in legal aid-participating
organizations;
d) Legal aid collaborators.
2. The Department of Justice
shall announce a list of local legal aid-providing persons and post them on the
website of the Department of Justice and send them to the Ministry of Justice
for aggregating and posting on the website of the Ministry of Justice.
Article 18. Rights and
obligations of legal aid-providing persons
1. Legal aid-providing persons
shall have the following rights and obligations:
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b) Be guaranteed to provide independent legal aid,
not jeopardized, hindered, harassed or unlawful intervened;
c) Refuse or discontinue the provision of legal aid
services in cases specified in Clause 1, 2 Article 25, Clause 1 Article 37
hereof and regulations on procedures;
d) Be trained in legal aid knowledge and skills;
dd) Ensure the quality of legal aid services;
e) Comply with regulations on the provisions of
legal aid services;
g) Promptly comply with the Law on Legal aid and
rules of places of legal aid provision;
h) Compensate or reimburse the amount of money
already paid by the legal aid-providing organization to the damage sufferer due
to his/her fault upon the provision of legal aid services in accordance with
law.
2. Legal aid assistants shall
have the following rights and obligations:
a) Rights and obligations according to the
provisions of Clause 1, this Article;
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c) Perform other tasks as assigned;
d) Have the benefits as prescribed.
3. Lawyers and legal aid
collaborators who enter into contracts with state legal aid centers for
providing legal aid shall be entitled to remuneration and expenses for the
provision of legal aid according to regulations.
4. The Government shall detail
Point d Clause 2 and 3 this Article.
Article 19. Conditions for
legal aid assistants
Vietnamese citizens who are public employees of legal
aid centers and fully satisfy the following conditions may become legal aid
assistants:
1. Good moral quality;
2. Possess a bachelor or
higher degree in law;
3. Have been trained in legal profession
or is not required to participate in training course of legal profession; have
gone through the probation of legal profession or legal aid;
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5. Is not within the time of receiving
disciplinary actions.
Article 20. Legal aid trainee
1. Public
employees of the state legal aid center possessing certificates of lawyer
profession training or exempting from law practice training according to the
Law on Lawyers may register for legal aid training at state legal aid center.
The legal aid training probation
duration is 12 months. The state legal aid center shall assign legal aid
assistants to guide legal aid trainee and admit the legal aid training
probation. Instructing legal aid assistants shall have at least 03 years of
experience in assisting legal aid. At a time, a legal aid assistant shall not
instruct more than 02 trainees.
2. The legal
aid trainee may assist the legal aid assistant in their professional activities
but may not represent, advocate, protect the lawful rights and interests of
legally-aided persons in court; may not sign written legal counseling.
The legal aid trainee may go with
the instructing legal aid assistant to meet the legally-aided persons and other
litigants in legal aid-related cases if they agree; assist the legal aid
assistant in studying documents about the case, collecting documents, items and
circumstances relevant to such cases and other professional activities. The
instructing legal aid assistant shall supervise and be responsible for the
activities of the legal aid trainee as prescribed in this Clause.
3. People exempted from
probation of legal profession according to the Law on Lawyers shall be exempted
from probation of legal aid.
4. The Minister of Justice
shall detail the probation, probation testing and the form of certificate of
legal aid training.
Article 21. Appointment and
granting of legal aid assistant’s card
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2. A dossier of appointment as
legal aid assistant consists of:
a) An official letter proposing the appointment as
a legal aid assistant made by the Director of Department of Justice;
b) A CV of the person proposed for appointment as a
legal aid assistant;
c) 02 color portrait photos sized 2 cm x 3 cm;
d) Certified true copy of the bachelor degree,
master degree or doctorate degree in law;
dd) Certified true copy of the certificate of
lawyer apprentice assessment or the certificate of legal aid apprentice
assessment; the copy of the document proving the exemption from legal aid
apprenticeship if he/she is exempted from legal aid apprenticeship;
e) Health certificate.
3. Person who were discharged
or revoked their legal aid cards as prescribed in Point a, c and f Clause 1,
Article 22 hereof shall be considered for appointment and granting of legal aid
assistant’s cards when satisfying the conditions for legal aid assistant as
prescribed hereof and reasons for dismissal or withdrawal of cards are no
longer exist
4. Within 15 days after
receiving the dossier, the president of the provincial People's Committee shall
consider, decide the appointment and granting of legal aid assistant's card; in
case of refusal, he/ she shall issue a written notice and clearly state the
reasons therefor.
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1. Legal aid assistants shall
be discharged and revoked their legal aid assistant’s card in the following
cases:
a) No longer being qualified as a legal aid
assistant as prescribed in Article 19 hereof;
b) Be dismissed from their jobs as a disciplinary
form;
c) Transfer to other jobs or quit their jobs
voluntarily;
d) Do not participate in criminal proceedings
within 02 consecutive years except for cases due to objective reasons;
dd) Be disciplined in the form of reprimand twice
or twice, or be dismissed for the commission of actions regulated in Point a,
b, dd or e Clause 1 Article 6 hereof;
e) Is banned from carrying out professional
activities under decisions of competent authorities;
2. The Director of Department of
Justice shall compile and send a dossier to the provincial People's Committee
for decision to dismiss or withdraw the legal aid assistant’s card for persons
falls into one of the cases specified in Clause 1 this Article.
3. An application for
discharge and revoking legal aid assistant’s card consists of:
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b) Papers and documents evidencing that the legal
aid assistant falls into one of the cases specified in Clause 1 this Article.
4. Within 15 days after
receiving the dossier, the president of the provincial People's Committee shall
decide the discharge and revoking of legal aid assistant's card.
Article 23. Reissuing of legal
aid assistant’s card
1. The person that was issued
the legal aid assistant’s card shall be reissued if it is lost or damaged.
2. Applicants for re-issuance
of legal aid assistant's cards shall send a written request to the director of
State legal aid centers. After receiving the application of the applicant, the
Director of Department of Justice shall submit such dossiers to the president
of the provincial People's Committee.
3. Dossier of re-issuance of
legal aid assistant’s card consists of:
a) Application for re-issuance of legal aid
assistant’s card;
b) 02 color portrait photos sized 2 cm x 3 cm;
c) The damaged legal aid assistant’s card or the
confirmation of Director of legal aid centre in case of loss.
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5. Within 05 working days
after receiving the dossier, the president of the provincial People's Committee
shall decide the re-issuance of legal aid assistant's card.
Article 24. Legal aid
collaborators
1. In severely disadvantaged
areas, depending on legal aid needs and actual conditions of the province, the
director of the state legal aid center shall request the Director of Department
of Justice to grant legal aid collaborator’s cards to eligible persons defined
in Clause 2 of this Article.
2. Persons who have retired,
have full civil act capacity, good moral qualities, good health and wish to
provide legal aid may become legal aid collaborators, including: legal aid
assistants; judges, inspectors of the court; procurators, inspectors of the
Procuracy; investigators; enforcers, examiners in civil judgment enforcement;
legal affairs specialist at regulatory agencies.
3. The Director of the State
legal aid center shall sign the contract on the provision of legal aid with the
person who is granted the legal aid collaborator's card for the provision of
legal consultancy at the province.
The Director of the State legal aid center shall
request the Director of Department of Justice to revoke legal aid
collaborator's cards of persons who do not provide legal aid services within 02
consecutive years except for cases due to objective reasons.
4. The Government shall detail
the participation of collaborators in legal aid services.
Article 25. Cases of
discontinuance or refusal to provide legal aid services
1. Legal aid-providing persons
shall not continue to provide legal aid services in the following cases:
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b) Be revoked legal aid assistant's card, legal aid
collaborator’s card, law practicing certificate or legal counselor card;
c) Cases of inability to participate in proceedings
as prescribed by law on proceedings.
2. Legal aid-providing person
must refuse to provide legal aid services in the following cases:
a) Provided or is providing legal aid service to a
legally-aided person that is a party with conflicting interests in the same
case, unless otherwise agreed in legal consultancy, extrajudicial
representation in civil matters by parties;
b) There are evidences to believe that he/she is
possibly biased during the process of providing legal aid services;
c) There are reasons that show the legal aid
service cannot be provided effectively, affecting the lawful rights and
interests of legally-aided persons.
3. The legal aid-providing
organization shall notify the reason in writing to the legally-aided person and
appoint another person to provide legal aid in cases specified in Clause 1 and
2 of this Article.
Chapter V
LEGAL AID SCOPE, FIELD,
FORM AND SERVICE
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1. State legal aid center
shall provide legal aid services in the following cases:
a) Legally-aided persons residing at the province;
b) Legal aid-related cases at the province;
b) Legal aid-related cases requested by competent
central authorities.
2. Organizations signing
contracts to provide legal aid services shall provide legal aid services within
the contract.
3. Organizations registering
to support legal aid services shall provide legal aid services within the
registered contents.
Article 27. Areas and forms of
legal aid delivery
1. Legal aid shall be provided
in the areas of law, except for business and trade sector.
2. Legal aid forms include:
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b) Legal consultancy;
c) Extrajudicial representation.
Article 28. Places for
reception of legally-aided persons
1. Legal aid-providing
organizations shall arrange places for reception of legally-aided persons at the
headquarter of such organization or locations other than headquarter which are
convenient for legally-aided persons to express their requests.
2. Headquarters of legal
aid-providing organizations must post the timetable and internal rules on
reception of legally-aided persons.
Article 29. Legal aid request
1. When requesting legal aid,
the legally-aided person must submit a set of application to the legal
aid-providing organization, including:
a) Legal aid written application form;
b) Papers proving their eligibility for legal aid;
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2. The application for legal
aid services shall be submitted as follows:
a) If the application is submitted directly at the
headquarter of the legal aid-providing organization, legally-aided person shall
submit the papers and documents specified in Point a and c, Clause 1 of this
Article; present the original copy or submit the certified true copy proving
that he/she is the legally-aided person.
If a legally-aided person cannot write a request by
himself/herself, the legal aid-providing person shall fill in the request form,
give it to the legally-aided person for reading or read it to the legally-aided
person and asks him/her to sign or press his/her fingerprint on the filled-in
form;
b) If the application is sent by post, the
legally-aided person shall submit the papers and documents specified in Point a
and c Clause 1 of this Article, the certified true copy proving that he/she is
the legally-aided person;
c) If the application is submitted via fax or an
electronic form, when meeting the legal aid-providing persons, the
legally-aided person must present the original copy or submit the certified
true copy proving that he/she is the legally-aided person.
Article 30. Acceptance of
legal aid-related cases
1. The legal aid request shall
only be accepted when there are specific cases directly related to the lawful
rights and interests of legally-aided persons specified in Article 7 and in
accordance with this Law.
2. Those who receive written
requests for legal aid shall check their contents related to legal aid and
immediately reply to the legally-aided person whether the dossiers are eligible
for acceptance or needed supplement.
3. Legal aid-providing
organization must refuse and clearly state the reasons in writing to the
requesters in the following cases:
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b) Legal aid request contains illegal contents;
c) The legally-aided person has already passed
away;
d) The case for which another legal aid-providing
organization is providing legal aid.
4. In cases the requester
could not provide sufficient documents as specified in Clause 1 Article 29
hereof but need legal aid right away due to the fact that the legal aid-related
cases were about to be expired or the trial day is approaching, the presiding
agency transfer legal aid requests to legal aid-providing organizations or for
the purpose of avoiding damaging the lawful rights and interests of
legally-aided persons, the recipient shall notice the head of the legal
aid-providing organization and accept immediately, at the same time guide the
requesters to provide additionally necessary documentation.
Article 31. Participation in
legal proceedings
1. Legal aid assistants,
lawyers providing legal aid shall participate in legal proceedings in the
capacity of defenders or protectors of legally-aided persons’ lawful rights and
interests in accordance with this Law and the Law on Proceedings.
2. Within 03 working days
after receiving legally-aided persons' requests for the appointment of legal
aid-providing persons to participate in legal proceedings, legal aid-providing
organizations shall appoint legal aid- providing persons.
Within 12 hours after receiving a request from the
legally-aided person who is arrested or detained for the appointment of legal
aid-providing persons, legal aid-providing organizations shall appoint legal
aid-providing persons.
3. Within 12 hours after
receiving requests from persons who are arrested, detained or within 24 hours
after receiving requests from legally-aided persons who are suspects,
defendants, victims according to the Law on Proceedings, competent procedural
authorities and persons shall notice the state legal aid center at the
province. Immediately after receiving the notice of competent procedural
authorities and persons, the state legal aid center shall accept the case as
prescribed in Clause 4 Article 30 hereof and appoint legal aid-providing
persons to participate in legal proceedings.
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Article 32. Legal consultancy
1. Persons providing legal aid
in counseling to legally-aided persons by guiding, giving opinions, helping
draft documents related to disputes, complaints and legal problems; guiding the
mediation, negotiation and agreement on settling the case.
2. Within 10 days from
receiving the request or receiving sufficient additional papers and documents,
legal aid proving persons shall study and respond in written to the
legally-aided person; For complex cases or cases needed time for
verification, the time limit may be extended but not more than 30 days, unless
otherwise agreed with the legally-aided persons.
In cases the request for legal aid service is a
simple legal problem, the recipient shall guide, answer and provide legal
information immediately to the legally-aided person.
Article 33. Extrajudicial
representation
1. Legal aid assistants,
lawyers providing legal aid shall act as extrajudicial representatives before
competent regulatory agencies for legally-aided persons.
2. Within 03 working days
after receiving legally-aided persons' requests, legal aid-providing
organizations shall appoint legal aid- providing persons to act as
extrajudicial representatives for legally-aided persons.
The appointment of as extrajudicial representatives
must be in written form and be sent to concerned legally-aided persons.
Article 34. Coordination in
verifying legal aid-related cases
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2. The requested legal
aid-providing organization shall carry out the verification within 10 days
after receiving the request and send the verification results together with
relevant documents and papers to the requesting legal aid-providing
organization; if the verification cannot be carried out, the requested legal
aid-providing organization shall provide an explanation in writing.
3. The verification requests,
notices of verification results and relevant papers and documents must be filed
in dossiers of legal aid-related cases.
Article 35. Transfer of legal
aid request
1. In cases the legal aid request fails to satisfy
the conditions specified in Point a and b Clause 1 Article 26 hereof, the state
legal aid center shall transfer such legal aid request to competent state legal
aid center and notify concerned legally-aided persons.
2. In cases of insufficient resources to provide
legal aid service, the legal aid-providing organization shall transfer such
legal aid request to state legal aid center at the province and notify
concerned legally-aided persons.
Article 36. Recommendation in
legal aid services
1. Through legal aid services,
legal aid-providing organizations may make written recommendations to competent
state agencies on matters related to the legal aid-related cases.
2. Within 30 days from
receiving the recommendation, agencies that receive those recommendations
shall, within the scope of their tasks and powers, respond in written
form; If there is a plausible reason, the time limit may be extended but
not more than 45 days, unless otherwise provided for by law.
3. If the received agency
fails to respond within the time limit as prescribed in Clause 2 this Article,
the legal aid-providing organization may request the direct superior agency of
such agency for consideration and settlement.
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1. Legal aid-related cases
shall be discontinued in the following cases:
a) Cases of refusal according to the provisions of
Clause 3, Article 30 of this Law;
b) The legally-aided person perform one of the acts
prohibited prescribed in Clause 2 Article 6 hereof;
c) The legally-aided person withdraws his/her
request for legal aid.
2. In cases of discontinuance
of the provision or legal aid, the legal aid-providing organization or person
shall notify the reason in writing to the legally-aided person.
3. If a legal aid-related case
is being carried out but the legally-aided person no longer satisfies the
provisions of Article 7 hereof, such case shall continue being carried out
until the end.
Article 38. Dossiers of legal
aid-related cases
1. When providing legal aid,
legal aid-providing organizations and persons shall compile dossiers of legal
aid-related cases.
2. The dossier of a legal
aid-related case comprises:
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b) The result, papers and documents related to the
legal aid-related case;
c) Other papers and documents (if any).
Article 39. Archive of
dossiers of legal aid-related cases
1. Within 30 days after
finishing a legal aid-related case, the legal aid-providing person shall
transfer the dossier to the legal aid-providing organization.
2. Documents and papers of
legal aid-related cases must be registered, numbered and arranged in the order
of date, month, year and archived according to the law.
3. The electronic dossiers of
each legal aid-related case shall be digitized and updated to the legal
aid-related case management system and archived in the database of legal aid.
Chapter VI
RESPONSIBILITIES OF
AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN LEGAL AID SERVICES
Article 40. Responsibilities
of state management of legal aid
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2. The Ministry of Justice is
the focal point to assist the Government in performing the State management of
legal aid and has the following tasks and powers:
a) Take charge, elaborate and promulgate or request
competent authorities to promulgate legal documents on legal aid;
b) Elaborate, promulgate or request competent
authorities to promulgate strategies and plans on the development of legal aid
services and organize the implementation of these strategies and plans;
c) Promulgate regulations on professional guidance
and specimen papers on legal aid service; criteria for defining complex,
typical legal aid-related cases; make reports and statistics on legal aid
service;
d) Guide, organize and follow the implementation of
legal documents on legal aid.
dd) Organize training in legal aid knowledge and
skills for legal aid-providing persons;
e) Organize the communication on legal aid and the
appraisal, evaluation of the quality of legal aid services;
g) Examine and inspect the provision of legal aid
service; reward, discipline and handle violations in legal aid services;
h) Receive support and contributions from
organizations and individuals for legal aid;
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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
People’s Committees shall, within their scope of tasks and powers, perform the
state management of legal aid at their provinces, ensure working conditions for
state legal aid centers.
Article 41. Responsibilities
of agencies related to legal aid services in legal proceedings
1. The Supreme People’s Court,
People’s Supreme Procuracy, Ministry of Public Security and Ministry of
National Defense shall organize the implementation of this Law in their
affiliated agencies.
2. Within their scope of tasks
and powers, the presiding agency shall cooperate and create favorable
conditions for legally-aided persons entitled to receive legal aid services,
create favorable conditions for legal aid-providing persons to participate in
legal proceedings according to regulations.
Article 42. Responsibilities
of relevant state agencies
In the course of handling cases related to
citizens, if the citizens are legally-aided persons, state agencies shall
explain the right to receive legal aid service and recommend legal aid-providing
organizations to them.
Article 43. Responsibilities
of socio-professional organizations of lawyers
1. The Vietnam Bar Federation
shall cooperate with the Ministry of Justice in managing and supervising the
provision of legal aid services by lawyers and law-practicing organizations in
accordance with this Law.
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Article 44. Responsibilities
of agency directly supervising the legal counseling organizations
The agency directly supervising the legal
counseling organizations shall cooperate with competent state management agencies
in providing legal aid in managing and supervising by legal consulting firms
and legal consultants in accordance with this Law.
Chapter VII
SETTLEMENT OF
COMPLAINTS, DENUNCIATIONS AND DISPUTES
Article 45. Settlement of
complaints and denunciations
1. Legally-aided persons may
lodge complaints about the following acts of legal aid-providing organizations,
legal aid-providing persons when having grounds to believe that those acts are
unlawful acts or infringe upon their legitimate rights and interests:
a) Refuse to accept legal aid-related cases;
b) Fail to provide legal aid services;
c) Provide illegal legal aid services;
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2. Heads of legal aid-providing
organizations shall settle complaints about acts specified in Clause 1 this
Article within 03 working days after receiving the complaints. If the
complainants disagree with complaint-settlement decisions of heads of legal
aid-providing organizations or upon the expiration of the deadline but the
complaint is not resolved, they may further lodge their complaints to the
Director of Department of Justice.
Director of Department of Justice shall settle
complaints within 15 days after receiving them. Decisions on complaint
settlement of the director of Department of Justice shall be valid. If the
complainants disagree with the decisions of the director of Department of
Justice or upon the expiration of the deadline but the complaint is not resolved,
they may file a lawsuit in court.
3. Organizations and
individuals may complaint or file a lawsuit about disciplining decisions,
decisions on administrative violation sanctions and other administrative
decisions, acts in legal aid in according with the law on complaints and other
relevant provisions.
4. Individuals may denounce
violations of this Law to competent state agencies. Denunciations and
settlement of denunciations shall comply with the law on denunciations.
Article 46. Settlement of
disputes
1. Disputes arising between
legally-aided persons and legal aid assistants, legal counselors, legal aid
collaborators, state legal aid centers or legal counseling organizations
related to the provision of legal aid shall be settled in accordance with the
civil law.
2. Disputes arising between
legally-aided persons and lawyers or law practicing organizations related to
the provision of legal aid services shall be settled in accordance with the law
on lawyers and other relevant laws.
Chapter VIII
IMPLEMENTATION CLAUSE
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1. This Law takes effect on
January 1, 2018.
2. The Law on
Legal Aid No. 69/2006/QH11 shall become invalid since this Law takes effect.
Article 48. Transitional
provisions
1. From the effective date of this Law, the persons who have
been appointed as legal aid assistants under the Law on Legal Aid No. 69/2006/QH11
shall continue to operate under the provisions of this Law; after 05 years from
the effective date of this Law, the persons who are appointed as legal aid
assistants without certificates certifying graduates of lawyer training shall
have their legal aid certificates withdrawn.
2. Within 01 years after the effective date of this Law,
legal aid-providing organizations and individuals according to the Law on Legal
Aid No. 69/2006/QH11 must satisfy the requirements of this Law. If they fail to
satisfy the requirements of this Law, they shall terminate their provision of
legal aid services and transfer the dossiers of the cases currently provided to
the State legal aid centers where they register for participation to continue
their provision.
3. Legal aid-related cases being provided under the Law
on Legal Aid No. 69/2006/QH11 but by the date this law takes effect they are
not yet completed, they shall continue to comply with the Law on Legal Aid No.
69/2006/QH11 until the completion of such cases.
4. Within 01 year from the effective date of this Law,
provincial People's Committees shall review the branches of State legal aid
centers established in their respective provinces and, base on the needs,
resources of legal aid and the efficiency, report to the Ministry of Justice to
unify the maintenance, merger or dissolution of branches of state legal aid
centers.
This Law was adopted June 20, 2017 by the XIVth
National Assembly of the Socialist Republic of Vietnam on its
3rd meeting.
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PRESIDENT OF
THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan