Vietnam: Who can make a legal aid application? What are the rights and obligations of legal aid recipients?
Who can make a legal aid application in Vietnam?
According to the provisions of Article 7 of the Law on Legal Aid of Vietnam 2017, legal aid recipients include:
- People with meritorious services to the revolution.
- People in poor households.
- Children.
- Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions.
- Accused persons from 16 years old to under 18 years old.
- Accused persons in near-poor households.
- People in one of the following cases having financial difficulties:
+ Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs;
+ People infected with dioxin;
+ Elderly people;
+ Disabled people;
+ Victims in criminal prosecutions from 16 years old to under 18 years old;
+ Victims in family domestic violence cases;
+ Victims of human trafficking cases as specified in the Law on human trafficking prevention and combat;
+ 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.
As such, persons in the above-mentioned cases will be able to apply for legal assistance when the need arises.
Vietnam: Who can make a legal aid application? What are the rights and obligations of legal aid recipients?
How are the rights of legal aid recipients regulated in Vietnam?
Pursuant to Article 8 of the Law on Legal Aid of Vietnam 2017, the rights of legal aid recipients are as follows:
- Have the right to receive legal aid services without paying fees, economic benefits or other benefits.
- Request legal aid by themselves or via their relatives, agencies, competent procedural authorities or other agencies, organizations and individuals.
- 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.
- Request confidentiality of contents of legal aid-related cases.
- 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.
- Modify or withdraw legal aid requests.
- Be entitled to damages in accordance with law.
- Lodge complaints or denunciations about legal aid in accordance with Law on Legal Aid of Vietnam 2017 and other relevant Law.
What obligations must the person receiving legal aid perform in Vietnam?
Pursuant to Article 9 of the Law on Legal Aid of Vietnam 2017, this content is as follows:
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.
3. Respect legal aid-providing organizations, legal aid-providing persons and other agencies, organizations and individuals involved in legal aid-related cases.
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 of Vietnam and rules of places of legal aid provision.
Legal aid recipients have the following obligations:
- Supply papers proving their eligibility for legal aid.
- 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.
- Respect legal aid-providing organizations, legal aid-providing persons and other agencies, organizations and individuals involved in legal aid-related cases.
- 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.
- Comply with the Law on Legal Aid of Vietnam and rules of places of legal aid provision.
LawNet
