What is the administrative penalty imposed upon a person who violates health of legal aid-providing persons but not yet to the point of criminal prosecution in Vietnam?
- What acts are strictly prohibited for legally-aided persons, agencies, organizations and individuals engaged in legal aid services in Vietnam?
- How much is the administrative penalty imposed upon a person who violates health of legal aid-providing persons but not yet to the point of criminal prosecution in Vietnam?
- What are the obligations of legally-aided persons in Vietnam?
What acts are strictly prohibited for legally-aided persons, agencies, organizations and individuals engaged in legal aid services in Vietnam?
According to Clause 2, Article 6 of the 2017 Law on Legal Aid of Vietnam, prohibited acts in legal aid services are prescribed as follows:
Prohibited acts in legal aid services in Vietnam
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2. Legally-aided persons, agencies, organizations and individuals engaged in legal aid services may not commit the following acts:
a) Violate health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services;
b) Deliberately provide false information and documents on legal aid-related cases;
c) Threaten, obstruct or illegally interfere in legal aid services; disturb, cause troubles and seriously violate regulations at legal aid-providing places.
Thus, according to regulations, it is strictly prohibited for legally-aided persons, agencies, organizations and individuals engaged in legal aid services.
What is the administrative penalty imposed upon a person who violates health of legal aid-providing persons but not yet to the point of criminal prosecution in Vietnam? (Image from the Internet)
How much is the administrative penalty imposed upon a person who violates health of legal aid-providing persons but not yet to the point of criminal prosecution in Vietnam?
According to the provisions of Article 51 of Decree No. 82/2020/ND-CP, violations against regulations on legally-aided persons are regulated as follows:
Violation against regulations on legally-aided persons
1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed for intentionally providing untruthful information and documents about the legal aid case.
2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for erasing, correcting and falsifying contents of papers and documents issued by competent agencies, organizations or persons in order to qualify as legally-aided persons.
3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
a) Threatening, obstruct or illegally interfere in legal aid services; disturb, cause troubles and seriously violate regulations at legal aid-providing places;
b) Violating health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services without reaching the level of criminal prosecution.
4. Additional penalties:
Confiscation of material evidences being untruthful documents, for violations specified in Clause 1; papers and documents that have been erased or corrected to falsify their contents, for the violations specified in Clause 2 of this Article.
5. Remedial measures:
Proposing competent agencies, organizations and persons to consider and handle papers and documents that are erased or corrected to falsify the contents specified in Clause 2 of this Article.
Thus, violating health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services without reaching the level of criminal prosecution may be subject to an administrative fine up to VND 3,000,000.
What are the obligations of legally-aided persons in Vietnam?
According to Article 9 of the 2017 Law on Legal Aid of Vietnam, the obligations of legally-aided persons include:
- 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.
At the same time, according to Article 8 of the 2017 Law on Legal Aid of Vietnam, 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 about legal aid in accordance with this Law and other relevant Law.
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