Vietnam: What is the penalty imposed on the legal aid-providing organization for voluntarily disclosing information about the legal aid-related cases?
- Can legal aid-providing organizations in Vietnam disclose information about legal aid-related cases or legally-aided persons?
- What is the administrative fine imposed on the legal aid-providing organization for voluntarily disclosing information about the legal aid-related cases or legally-aided persons?
- What rights and obligations do legal aid-providing organizations in Vietnam have?
Can legal aid-providing organizations in Vietnam disclose information about legal aid-related cases or legally-aided persons?
Pursuant to the provisions of Clause 1, Article 6 of the 2017 Law on Legal Aid in 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, legal aid-providing organizations are prohibited from disclosing 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.
Vietnam: What is the penalty imposed on the legal aid-providing organization for voluntarily disclosing information about the legal aid-related cases? (Image from the Internet)
What is the administrative fine imposed on the legal aid-providing organization for voluntarily disclosing information about the legal aid-related cases or legally-aided persons?
According to Article 53 of Decree No. 82/2020/ND-CP, violations against regulations on organizations participating in legal aid are regulated as follows:
Violations against regulations on organizations participating in legal aid
1. A warning or a fine of between VND 1,000,000 and VND 3,000,000 for one of the following acts:
a) Failure to comply with regulations on statistics, reporting, making and archiving of legal aid case files as prescribed;
b) Failing to transfer the incomplete legal aid case file to the legal aid-providing organization assigned by the Department of Justice to continue performing the legal aid case or not to notify the termination of legal aid provision as prescribed.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Erasing, correcting, falsifying contents of registration papers for participation in legal aid;
b) Refusing or not continuing to provide legal aid in contravention of regulations;
c) Providing legal aid not according to the registered contents;
d) Providing legal aid in case of ineligibility to provide legal aid;
dd) Disclosing 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;
e) Providing legal aid in case the provision of legal aid must be terminated as prescribed;
g) Impersonating or taking advantage of legal aid activities for personal gain; causing disorder and social safety, adversely affecting social morality, but not to the extent of criminal prosecution.
3. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for setting up an organization providing legal aid in contravention of regulations.
4. Additional sanctioning forms:
a) Deprive the right to use the registration paper for participation in legal aid for between 03 months and 06 months, for violations specified at Points c, dd and i, Clause 2 of this Article;
b) Confiscate the material evidences being the registration papers for participation in legal aid which have been erased or corrected, falsifying the contents, for the violations specified at Point a, Clause 2 of this Article.
5. Remedial measures:
a) Proposing competent agencies, organizations and persons to consider and handle papers and documents that have been erased or corrected to falsify the contents specified at Point a, Clause 2 of this Article;
b) Forcible return of illegal profits obtained from committing the violations specified at Point g, Clause 2 of this Article.
Thus, according to regulations, legal aid-providing organizations disclosing 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 may face an administrative fine of up to VND 5,000,000. In addition, legal aid-providing organizations are also deprived of the right to use legal aid registration papers from 3 to 6 months.
What rights and obligations do legal aid-providing organizations in Vietnam have?
According to Clause 1, Article 13 of the 2017 Law on Legal Aid in Vietnam, legal aid-providing organizations have the following rights and obligations:
- Provide legal aid services;
- Request concerned agencies and organizations to coordinate and supply information and documents on legal aid-related cases;
- Pay compensations for damage caused by a member of such organization's faults during the process of providing legal aid services;
- Make reports, release statistics and communication on legal aid;
- Settle complaints according to the provisions of Clause 2, Article 45 of this Law.
- Make recommendations to competent authorities on matters related to the settlement of legal aid-related cases.
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