What is the administrative penalty imposed upon legal aid providers in Vietnam for receiving or demanding economic benefits from legally-aided persons?
- Can legal aid providers receive or demand any sum of money, economic benefits or other benefits from legally-aided persons?
- How much is the administrative penalty imposed upon legal aid providers in Vietnam for receiving or demanding any sum of money, economic benefits or other benefits from legally-aided persons?
- What are the rights and obligations of legal aid providers in Vietnam?
Can legal aid providers receive or demand any sum of money, economic benefits or other benefits from legally-aided persons?
According to Clause 1, Article 6 of the 2017 Law on Legal Aid of Vietnam, prohibited acts in legal aid services are prescribed as follows:
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;
b) Receive or demand any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons;
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.
Thus, according to regulations, it is strictly forbidden for legal aid providers to receive or demand any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons.
What is the administrative penalty imposed upon legal aid providers in Vietnam for receiving or demanding economic benefits from legally-aided persons? (Image from the Internet)
How much is the administrative penalty imposed upon legal aid providers in Vietnam for receiving or demanding any sum of money, economic benefits or other benefits from legally-aided persons?
Pursuant to the provisions of Article 52 of Decree No. 82/2020/ND-CP, violations against regulations on legal aid providers are prescribed as follows:
Violation against regulations on legal aid providers
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3. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
a) Using another person's legal aid collaborator's card for personal gain;
b) Allowing others to use the legal aid collaborator's card for self-seeking purposes;
c) Taking advantage of the name of a legal aid provider to seek profit, causing disorder and social safety, or adversely affecting social morality, but not yet to the point of criminal prosecution;
d) Receiving or demanding any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons;
dd) Refusing or not continuing to provide legal aid to legal aid recipients without grounds;
e) Falsifying documents in the legal aid case file.
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6. Remedial measures:
a) Forcible destruction of falsified documents in the case file, for violations specified at Point e, Clause 3 of this Article;
b) Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified in Clause 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 2 of this Article;
c) Forcible return of illegal profits obtained from committing violations specified at Points a, b, c and d, Clause 3, and Point d, Clause 4 of this Article.
Thus, legal aid providers who receive or demand any sum of money, economic benefits or other benefits from legally-aided persons may be administratively sanctioned up to VND 2,000,000. In addition, legal aid providers who commit violations are forced to return illegal profits obtained from committing violations specified at Points a, b, c and d, Clause 3 of this Article.
What are the rights and obligations of legal aid providers in Vietnam?
According to Clause 1, Article 18 of the 2017 Law on Legal Aid of Vietnam, legal aid providers have the following rights and obligations:
- Provide legal aid;
- Be guaranteed to provide independent legal aid, not jeopardized, hindered, harassed or unlawful intervened;
- 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;
- Be trained in legal aid knowledge and skills;
- Ensure the quality of legal aid services;
- Comply with regulations on the provisions of legal aid services;
- Promptly comply with the Law on Legal aid and rules of places of legal aid provision;
- 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.
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