What is a legal aid assistant in Vietnam? Are legal aid assistants required to participate in a legal aid probation?
What is a legal aid assistant in Vietnam?
According to the provisions of Article 2 of the 2017 Law on Legal Aid in Vietnam, the definition of legal aid is as follows:
Legal aid means the provisions of legal services free of charge to legally-aided persons in a legal aid-related case in accordance with this Law, contributing to the assurance of human rights and citizenship in the access to justice and equality before the law.
What is a legal aid assistant in Vietnam? Are legal aid assistants required to participate in a legal aid probation?
Who is exempt from legal aid probation?
Pursuant to Clause 3, Article 20 of the 2017 Law on Legal Aid in Vietnam, the legal aid probation period is as follows:
Legal aid trainee
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3. People exempted from probation of legal profession according to the Law on Lawyers shall be exempted from probation of legal aid.
Thus, Article 16 of the 2006 Law on Lawyers in Vietnam (amended by Clause 7, Article 1 of the 2012 Law on Amendment on Law on Lawyers in Vietnam) stipulates that persons are exempted or reduced from the lawyer apprenticeship as follows:
People exempted from lawyer apprenticeship
1. People being judges, procurators, senior investigators, intermediate investigators, professors, associate professors of law, Doctors of law, senior inspectors of the court, the senior inspectors of the procuracy, senior law experts, senior law researchers, senior law lecturers are exempted from lawyer apprenticeship.
2. People being junior investigators, major inspectors of the court, major inspectors of the procuracy, law experts, researchers, lecturers are eligible for 2/3 reduction in the lawyer apprenticeship period.
3. The people that have worked as law experts, researchers, and lecturers, inspectors of the court, inspectors of the procuracy for at least 10 years are eligible for 50% reduction in lawyer apprenticeship period.
Thus, the following subjects will be exempted from the legal aid probation period:
- People being judges, procurators, senior investigators, intermediate investigators;
- People being professors, associate professors of law, Doctors of law;
- People being senior inspectors of the court, the senior inspectors of the procuracy, senior law experts, senior law researchers, senior law lecturers are exempted from lawyer apprenticeship.
Are legal aid assistants required to participate in a legal aid probation?
According to Article 19 of the 2017 Law on Legal Aid in Vietnam, the conditions for legal aid assistants in Vietnam are as follows:
Conditions for legal aid assistants in Vietnam
Vietnamese citizens who are public employees of legal aid centers and fully satisfy the following conditions may become legal aid assistants:
1. Good moral quality;
2. Possess a bachelor or higher degree in law;
3. Have been trained in legal profession or is not required to participate in training course of legal profession; have gone through the probation of legal profession or legal aid;
4. Being physically fit to provide legal aid;
5. Is not within the time of receiving disciplinary actions.
Thus, according to the above regulations, in order to become a legal aid assistant, one must practice legal aid, however, the legal aid probation period can be replaced by the probation of legal profession.
What are the procedures for granting of legal aid assistant’s card?
According to the provisions of Article 21 of the 2017 Law on Legal Aid in Vietnam, the procedures for granting of legal aid assistant’s card are carried out as follows:
- The director of the state legal aid center shall make a list of persons working in the center who meet the criteria prescribed in Article 19 of this Law and send it to the Department of Justice to propose the appointment or granting of the legal aid assistant’s card. Within 05 working days after receiving the list of persons proposed for the appointment of legal aid assistant, the Director of Department of Justice shall compile and submit dossiers to the president of the provincial People's Committee.
- A dossier of appointment as legal aid assistant consists of:
+ An official letter proposing the appointment as a legal aid assistant made by the Director of Department of Justice;
+ A CV of the person proposed for appointment as a legal aid assistant;
+ 02 color portrait photos sized 2 cm x 3 cm;
+ Certified true copy of the bachelor degree, master degree or doctorate degree in law;
+ Certified true copy of the certificate of lawyer apprentice assessment or the certificate of legal aid apprentice assessment; the copy of the document proving the exemption from legal aid apprenticeship if he/she is exempted from legal aid apprenticeship;
+ Health certificate.
- Person who were discharged or revoked their legal aid cards as prescribed in Point a, c and f Clause 1, Article 22 of the 2017 Law on Legal Aid in Vietnam shall be considered for appointment and granting of legal aid assistant’s cards when satisfying the conditions for legal aid assistant as prescribed hereof and reasons for dismissal or withdrawal of cards are no longer exist
- Within 15 days after receiving the dossier, the president of the provincial People's Committee shall consider, decide the appointment and granting of legal aid assistant's card; in case of refusal, he/ she shall issue a written notice and clearly state the reasons therefor.
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