Vietnam: In what cases will organizations concluding contracts to provide legal aid services terminate their provisions of legal aid services?
- What are the regulations on the legal aid-providing contract in Vietnam?
- What conditions must a legal consultancy organization participating in legal aid meet?
- In what cases will organizations concluding contracts to provide legal aid services terminate their provisions of legal aid services in Vietnam?
What are the regulations on the legal aid-providing contract in Vietnam?
Pursuant to Article 14 of the Law on Legal Aid 2017 on the legal aid-providing contract as follows:
- Legal aid-providing contract shall be signed between the Department of Justice and law-practicing organizations, legal counseling organizations, and between state legal aid centers with legal aid supporting lawyers or collaborators regarding the delivery of legal aid services in accordance with the civil law.
- 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:
+ The registered line of business shall correspond to the field of legal aid as specified herein;
+ Act as a law-practicing organization, a 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 the such organization;
+ The facility shall be suitable for legal aid services;
+ The organization has not been incurring an administrative penalty for violations against regulations on law practicing and legal counseling.
- 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:
+ He/she has not been incurring an administrative penalty for violations against regulations on law practicing;
+ He/she has not been banned or restricted from carrying out professional activities under a decision of the competent authority;
+ He/she has not been facing prosecution for criminal liability;
+ He/she receives written approval from the law-practicing organization where he/she is working or the agency, or organization that signs the labor contract with such lawyer.
- The provincial state legal aid centers shall select and sign legal aid-providing contracts with legal aid supporting collaborators as prescribed in Article 24 of the Law on Legal Aid 2017.
- Organizations and individuals who committed prohibited acts defined in Clause 1 Article 6 of the Law on Legal Aid 2017 shall not select and sign legal aid-providing contracts within at least 02 years since the conclusion of the violation is issued.
What conditions must a legal consultancy organization participating in legal aid meet?
According to the provisions of Article 15 of the Law on Legal Aid 2017 as follows:
Registration for participation in legal aid services
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 satisfy all conditions prescribed in Point a, c and d Clause 2 Article 14 hereof;
b) Legal counseling organizations shall satisfy 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
Thus, legal counseling organizations must meet the following conditions:
- The registered line of business shall correspond to the field of legal aid in accordance with the provisions of this Law;
- The facility shall be suitable for legal aid services;
- The organization has not been incurring an administrative penalty for violations against regulations on law practicing and legal counseling.
In what cases will organizations concluding contracts to provide legal aid services terminate their provisions of legal aid services in Vietnam?
According to the provisions of Article 16 of the Law on Legal Aid 2017 as follows:
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) Terminate under the contract of the provision of legal aid services;
c) Cause serious consequences when providing legal aid services;
d) Have their operation terminated in accordance with law.
Thus, organizations concluding contracts to provide legal aid services terminate their provisions of legal aid services in Vietnam when falling into one of the following cases:
- Have no longer satisfied one of the conditions for signing contracts to provide legal aid services as prescribed in Clause 2 Article 14 of this Law;
- Terminate under the contract of the provision of legal aid services;
- Cause serious consequences when providing legal aid services;
- Have their operation terminated in accordance with law.
LawNet
