Vietnam: Under what circumstances does the legal aid have the legal aid card revoked? What are the dossiers and procedures for requesting the revocation of the legal aid card?
- What are the criteria for becoming a legal assistant in Vietnam?
- Under what circumstances does the legal aid card have the legal aid card revoked in Vietnam?
- What are the prohibited acts in legal aid in Vietnam?
- What are the dossiers and procedures for requesting the revocation of the legal aid card in Vietnam?
What are the criteria for becoming a legal assistant in Vietnam?
Pursuant to Article 19 of the Vietnam Law on Legal Aid 2017, the criteria for becoming a legal aid are as follows:
Vietnamese citizens who are officials of the State Legal Aid Center who meet the following criteria may become legal assistants:
- Good moral quality;
- Possess a bachelor or higher degree in Vietnam Law;
- 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;
- Being physically fit to provide legal aid;
- Is not within the time of receiving disciplinary actions.
Vietnam: Under what circumstances does the legal aid have the legal aid card revoked? What are the dossiers and procedures for requesting the revocation of the legal aid card?
Under what circumstances does the legal aid card have the legal aid card revoked in Vietnam?
Pursuant to Clause 1, Article 22 of the Vietnam Law on Legal Aid 2017 stipulates the following cases in which legal aid cards are revoked:
- No longer being qualified as a legal aid assistant as prescribed in Article 19 hereof;
- Be dismissed from their jobs as a disciplinary form;
- Transfer to other jobs or quit their jobs voluntarily;
- Do not participate in criminal proceedings within 02 consecutive years except for cases due to objective reasons;
- Be disciplined in the form of reprimand twice or twice, or be dismissed for the commission of actions regulated in Point a, b, dd or e Clause 1 Article 6 hereof;
- Is banned from carrying out professional activities under decisions of competent authorities;
What are the prohibited acts in legal aid in Vietnam?
Pursuant to Article 6 of the Vietnam Law on Legal Aid 2017, prohibited acts in legal aid activities include:
For legal aid organizations and legal aid practitioners
- Infringe upon the dignity, honor or legitimate rights and interests of legally-aided persons; discriminate against legally-aided persons;
- Receive or demand any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons;
- 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 Vietnam Law.
- Refuse or discontinue the provision of legal aid services, except for cases specified in this Vietnam Law and regulations on procedures;
- 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;
- Incite, provoke legally-aided persons to declare and supply false information and documents or to make complaints or denunciations or initiate Vietnam Lawsuits in contravention of Vietnam Law.
What are the dossiers and procedures for requesting the revocation of the legal aid card in Vietnam?
Pursuant to Clause 3, Article 22 of the Vietnam Law on Legal Aid 2017 and Clause 4, Article 22 of the Vietnam Law on Legal Aid 2017 provides as follows:
Article 22. Discharge and revoking of legal aid assistant’s card
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3. An application for discharge and revoking legal aid assistant’s card consists of:
a) An official letter proposing the discharge and revoking of legal aid assistant’s card made by the Director of Department of Justice;
b) Papers and documents evidencing that the legal aid assistant falls into one of the cases specified in Clause 1 this Article.
4. Within 15 days after receiving the dossier, the president of the provincial People's Committee shall decide the discharge and revoking of legal aid assistant's card.
Accordingly, the dossier of requests for revocation of the legal aid card includes:
- An official letter proposing the discharge and revoking of legal aid assistant’s card made by the Director of the Department of Justice;
-) Papers and documents evidencing that the legal aid assistant falls into one of the cases specified in Clause 1 this Article.
Within 15 days after receiving the dossier, the president of the provincial People's Committee shall decide the discharge and revoking of legal aid assistant's card.
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