2023: What are the detailed instructions on the application for legal aid in Vietnam? What should be kept in mind when applying for legal aid?

What are the detailed instructions on the application for legal aid in Vietnam? What should be kept in mind when applying for legal aid? - Mr. Cuong (Binh Dinh)

Pursuant to Decision 228/QD-BTP in 2023 announcing the amended and supplemented administrative procedures in the field of legal aid under the management function of the Ministry of Justice.

According to Section 1, Part II of Administrative Procedures issued together with Decision 228/QD-BTP in 2023, an application for legal aid includes:

(1) Application for legal aid;

Follow Form No. 02-TP-TGPL issued together with Circular 12/2018/TT-BTP.

Here

(2) Proof of legal aid eligibility.

Prepared in accordance with the provisions of Article 33 of Circular 08/2017/TT-BTP, a number of contents are annulled by Clause 1, Article 1 of Circular 09/2022/TT-BTP and supplemented by Clause 13, Article 1 of Circular 03/2021/TT-BTP for each target group.

Detailed instructions on the application for legal aid in 2023? What should be kept in mind when applying for legal aid?

Pursuant to the provisions of Article 33 of Circular 08/2017/TT-BTP, some contents are annulled by Clause 1, Article 1 of Circular 09/2022/TT-BTP and supplemented by Clause 13, Article 1 of Circular 03/2021/TT-BTP.

Papers proving that the person is eligible for legal aid shall be made as follows:

Subjects

Documents proving that the person is eligible for legal aid

People with meritorious services to the revolution

01 of the following documents:

- Decision on recognition of people with meritorious services to the revolution;

- Decision on confer the titles of Heroic Mother of Vietnam, Hero of the People's Armed Forces, Hero of Labor during the Resistance War;

- The Resistance Medal, the Resistance Medal, the Vietnamese Heroic Mother's Degree, the Heroic Medal, the Meritorious Service to the country;

- Decision on allowances and allowances granted by competent agencies who identify people with meritorious services to the revolution;

- Decision or certificate of war invalids, policy beneficiaries such as wounded soldiers, sick soldiers, diseases caused by toxic chemicals, resistance activists infected with toxic chemicals.

- Medal of the Fatherland Medal for people with meritorious services to the revolution, Certificate of revolutionary activist before January 1, 1945, Certificate of revolutionary activist from January 1, 1945 to January 1, 1945. August 1945 Uprising, Victory Medal, Victory Medal

People from poor households

Certificate of poor household

Children

- Birth certificate, ID card, Citizen ID card, passport;

- A document identifying the person requesting legal aid as a child of the procedure-conducting agency;

- A document of a competent authority on application of administrative handling measures or sanctioning of administrative violations identifying the person requesting legal aid as a child.

Ethnic minorities residing in areas with extremely difficult socio-economic conditions

01 of the following documents:

- Legal papers identifying the person named as an ethnic minority and the place of residence of that person;

- A document of the procedure-conducting agency confirming that the person requesting legal aid is an ethnic minority and that person's place of residence.

The accused is from full 16 years old to under 18 years old

The document of the procedure-conducting agency identifies the person requesting legal aid as the accused person from full 16 years old to under 18 years old.

The accused belongs to the near-poor household

- Certificate of near-poor household;

- A document of the procedure-conducting agency identifying the person requesting legal aid as the accused person.

Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs in case of having financial difficulties

- Certificate of near-poor household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- A decision of a competent authority on preferential allowances and survivorship allowances for biological fathers, natural mothers, spouses, children of martyrs and people who have taken care of the martyrs when the martyrs were young or Certificates The martyr's family shall have a certificate of fatherland inscribed with the martyr's name, enclosed with papers proving the kinship relationship with the martyr.

People infected with dioxin in case of having financial difficulties

- Certificate of near-poor household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- Decision on preferential allowances for children of resistance activists infected with dioxin or Certificate of illness, deformity or deformity caused by dioxin.

Elderly people with financial difficulties

- Certificate of near-poor household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- Certificate of near-poor household enclosed with a legal document issued by a competent authority identifying the person named in the paper as an elderly person.

People with disabilities have financial difficulties

- Certificate of near-poor household together with Certificate of disability issued by a competent authority;

- Decision on monthly social allowance; Deciding to receive the subjects into care and nurture at social houses, social protection establishments;

Persons from full 16 years old to under 18 years old are victims of criminal cases with financial difficulties

- Certificate of near-poor household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- A document of the procedure-conducting agency identifying the person requesting legal aid as the victim and from full 16 years old to under 18 years old.

Victims of domestic violence have financial difficulties

- Decide on accepting domestic violence victims into social houses and social protection establishments;

- Certificate of near-poor household together with one of the following papers:

+ A certificate from the medical examination and treatment facility about the examination and treatment of injuries caused by acts of domestic violence;

+ Decision on banning domestic violence perpetrators from contacting domestic violence victims;

+ Decide on handling administrative violations against people committing acts of domestic violence.

Victims of human trafficking

- Certificate of near-poor household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- Papers and documents certifying the victim as prescribed in Article 28 of the Law on Prevention and Combat of Human Trafficking 2011.

People living with HIV have financial difficulties

- Certificate of near-poor household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

A certificate from a competent authority confirming that the person is HIV positive.

Pursuant to Section 1, Part II of the administrative procedures promulgated together with Decision 228/QD-BTP in 2023, when submitting the application, it is necessary to note the following contents:

- In case of direct submission at the head office of the legal aid-providing organization:

+ Legal aid requesters submit legal aid petitions, papers and documents related to the case and present the originals or submit certified copies of papers proving that they are legal aid recipients. physical;

+ In case the legal aid requester cannot write the application himself, the requestee is responsible for writing down the contents of the application form for them to read or re-read to them and ask them to sign or sign the application. single entry point.

- In case of sending documents via postal service:

+ Legal aid requesters submit legal aid petitions, papers and documents related to the case and certified copies of papers proving that they are legal aid recipients;

- In case of sending documents via fax or electronic form, when meeting legal aid providers, legal aid requesters must present the originals or submit certified copies of papers proving that they are the subjects of legal aid.

Thư Viện Pháp Luật

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