Who can get free legal aid? What are the rights and obligations of legally-aided persons in Vietnam?
Who can get free legal aid in Vietnam?
In Article 7 of the 2017 Law on Legal Aid in Vietnam on legally-aided persons as follows:
Legally-aided persons
1. People with meritorious services to the revolution.
2. People in poor households.
3. Children.
4. Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions.
5. Accused persons from 16 years old to under 18 years old.
6. Accused persons in near-poor households.
7. People in one of the following cases having financial difficulties:
a) Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs;
b) People infected with dioxin;
c) Elderly people;
d) Disabled people;
dd) Victims in criminal prosecutions from 16 years old to under 18 years old;
e) Victims in family domestic violence cases;
g) Victims of human trafficking cases as specified in the Law on human trafficking prevention and combat;
h) 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.
In Article 3 of the 2017 Law on Legal Aid in Vietnam, the principles of legal aid services in Vietnam are as follows:
Principles of legal aid services in Vietnam
1. Compliance with law and professional regulations on legal aid.
2. Timeliness, independence, honesty and respect for objective truth.
3. Best protection of legitimate rights and interests of legally-aided persons.
4. Non-collection of fees, economic benefits or other benefits from legally-aided persons.
Thus, because the principle of legal aid services is non-collection of fees, economic benefits or other benefits from legally-aided persons, therefore, legally-aided persons shall not be charged. Legally-aided persons 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.
Who can get free legal aid in Vietnam? What are the rights and obligations of legally-aided persons in Vietnam? (Image from the Internet)
What are the rights of legally-aided persons in Vietnam?
According to Article 8 of the 2017 Law on Legal Aid in Vietnam, the rights of legally-aided persons 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 this Law and other relevant Law.
What are the obligations of legally-aided persons in Vietnam?
In Article 9 of the 2017 Law on Legal Aid in Vietnam, the obligations of legally-aided persons are as follows:
- 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 and rules of places of legal aid provision.
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