Vietnam: Shall legal aid collaborators whose cards be revoked due to administrative violations be reissued legal aid collaborator cards?
- How long do legal aid collaborators in Vietnam fail to provide legal aid to be revoked collaborator cards?
- Shall legal aid collaborators whose cards be revoked due to administrative violations be reissued legal aid collaborator cards in Vietnam?
- What are the procedures for issuing legal aid collaborator cards in Vietnam?
How long do legal aid collaborators in Vietnam fail to provide legal aid to be revoked collaborator cards?
Pursuant to Article 18 of Decree 144/2017/ND-CP stipulating the revocation of legal aid collaborator cards as follows:
Revocation of legal aid collaborator cards
1. The Director of the Center shall request the Director of the Department of Justice to revoke the collaborator card in the following cases:
a) Collaborators fail to provide legal aid for a period of 02 consecutive years, except for cases due to objective reasons;
b) Collaborators who perform the acts specified in Clause 1, Article 6 of the Law on Legal Aid or have been sanctioned for administrative violations in legal aid activities but have not been revoked their cards that continue to commit violations;
c) The legal aid contracts are terminated or the collaborators fail to conclude legal aid contracts with the Center within 30 days from the date of issuance of the card without legislate reasons.
2. Within 07 days from the date of receipt of the request of the Director of the Center, the Director of the Department of Justice shall issue a decision on revoking the collaborator card. The decision on revoking the card is sent to the collaborator. The collaborator card is out of use from the time the revocation decision takes effect.
Persons whose collaborator cards are revoked may not continue to provide legal aid.
3. Persons whose collaborator cards are revoked have the right to make complaints against the decision of the Director of the Department of Justice on revoking the card. The complaints and settlement of complaints shall comply with the provisions of the law on complaints.
Thus, collaborators failing to provide legal aid for a period of 02 consecutive years without objective reasons shall be revoked collaborator cards.
Shall legal aid collaborators whose cards be revoked due to administrative violations be reissued legal aid collaborator cards in Vietnam?
According to Article 19 of Decree 144/2017/ND-CP stipulating the re-issuance of legal aid collaborator cards in Vietnam as follows:
Reissuance of legal aid collaborator cards
1. In case the collaborator card is lost or damaged and cannot be used, the collaborator shall make an application for reissuance of the card (according to the form) accompanied by 02 color portrait photos of size 2 cm x 3 cm to the Center.
2. Within 04 working days from the date of receipt of the application for reissuance of the card, the Director of the Center shall check the list of collaborators according to the number of cards issued to the collaborator and request the Director of the Department of Justice to decide to reissue the collaborator card to the applicant.
3. Within 03 working days from the date of receipt of a valid application submitted by the Director of the Center, the Director of the Department of Justice shall consider and decide to reissue the collaborator card. The reissued collaborator card retains originally the same number of cards issued, but the time of issuance indicated on the card is the date of reissuance.
4. In case of changing the place of residence from one province or centrally-run city to another, the collaborator shall go to the center where he/she has participated as a collaborator to liquidate the legal aid contract and return the issued collaborator card. In case of wishing to work as a collaborator, the applicant must go to the center of the new residence to carry out procedures for issuing collaborator cards as prescribed in Article 16 of this Decree.
Accordingly, in case the collaborator card is lost or damaged and cannot be used, the collaborator shall, the collaborator shall be reissued a legal aid collaborator card.
In case the legal aid collaborator card is revoked due to administrative violations, it will not be reissued.
What are the procedures for issuing legal aid collaborator cards in Vietnam?
According to the provisions of Article 16 of Decree 144/2017/ND-CP, the procedures for issuing legal aid collaborator cards in Vietnam are carried out as follows:
- For persons meeting the criteria specified in Clause 2, Article 24 of the Law on Legal Aid, if they wish to act as a legal aid collaborator (hereinafter referred to as a collaborator) and agree with the basic contents of legal aid contracts under the guidance of the Ministry of Justice, they will send 01 application to the local center where they reside. The application for working as a legal aid collaborator includes:
+ Application form for working as a legal aid collaborator;
+ Documents proving the retirement as prescribed;
+ Personal curriculum vitae certified by the People's Committee of the commune, ward, or town where the applicant resides and 02 color portrait photos of size 2 cm x 3 cm.
- The submission of the application for working as a legal aid collaborator is carried out as follows:
+ In case of direct submission at the Center headquarters, the applicant shall submit the documents specified at Points a and c, Clause 1 of this Article; present the original or submit a certified copy of the document proving the retirement as prescribed;
+ In case of sending the application via the postal service, the applicant shall send the documents specified at Point a, and Point c, Clause 1 of this Article, a certified copy of the document proving the retirement as prescribed;
+ In case of sending via fax, or online, the applicant shall send the documents specified in Clause 1 of this Article to the Center.
- Within 04 working days from the date of receipt of the application, based on the legal aid demands of the people and the actual conditions in the locality, the Director of the Center shall select the application and submit it to the Director of the Department of Justice for consideration of issuing a collaborator card. In case the application is invalid, the Director of the Center shall return the application to the applicant and clearly notify the reason in writing.
- Within 03 working days from the date of receipt of a valid application submitted by the Director of the Center, the Director of the Department of Justice shall consider and decide to issue a collaborator card according to the form issued by the Ministry of Justice. The Department of Justice issues embryos of collaborator cards.
In case of refusal, the reason must be clearly informed in writing to the applicant. The rejected person has the right to make complaints against the refusal to issue a collaborator card. The settlement of complaints shall comply with the provisions of the law on complaints.
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