Vietnam: What is the latest application form for legal aid? Who are legally-aided persons under the current regulations?
What is the latest application form for legal aid in Vietnam?
Pursuant to Form No. 02-TP-TGPL issued together with Circular 12/2018/TT-BTP, the latest application form for legal aid is as follows:
See details and download the latest application form for legal aid: Click here.
Who are legally-aided persons under the regulations in Vietnam?
Pursuant to the provisions of Article 7 of the Law on Legal Aid 2017, legally-aided persons include:
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.
Thus, legally-aided persons with the financial difficulties under the above regulations are persons falling into near-poor households or receiving monthly social allowances under the regulations of Law.
What does 8 rights of legally-aided persons in Vietnam include?
Pursuant to the provisions of Article 8 of the Law on Legal Aid 2017, legally-aided persons have the following rights:
- 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
Thus, legally-aided persons have the right to receive legal aid services without paying fees and above-mentioned rights.
What are the obligations of legally-aided persons in Vietnam?
Pursuant to the provisions of Article 9 of the Law on Legal Aid 2017, legally-aided persons have the following 05 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 and rules of places of legal aid provision.
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