What is the time limit for persons providing legal consultancy to answer legally-aided persons in Vietnam?

“What is the time limit for persons providing legal consultancy to answer legally-aided persons in Vietnam? Does legal aid mean the provisions of legal services free in Vietnam?” - asked a reader

Under Article 2 of the Law on Legal Aid 2017 on legal aid:

Legal Aid
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.

Thus, 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.

Under Article 8 of the Law on Legal Aid 2017, the rights of legally-aided persons in Vietnam are stipulated as follows:

Rights of legally-aided persons
1. Have the right to receive legal aid services without paying fees, economic benefits or other benefits.
2. Request legal aid by themselves or via their relatives, agencies, competent procedural authorities or other agencies, organizations and individuals.
3. 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.
4. Request confidentiality of contents of legal aid-related cases.
5. 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.
6. Modify or withdraw legal aid requests.
7. Be entitled to damages in accordance with law.
8. Lodge complaints or denunciations about legal aid in accordance with this Law and other relevant Law.

According to the above provisions, requesting the confidentiality of contents of legal aid-related cases is one of the rights of legally- aided persons.

Thus, persons legally aided by legal consultancy in Vietnam have the right to request the confidentiality of the consultancy contents under the provisions of law.

Under Article 32 of the Law on Legal Aid 2017 on legal consultancy:

Legal consultancy
1. Persons providing legal aid in counseling to legally-aided persons by guiding, giving opinions, helping draft documents related to disputes, complaints and legal problems; guiding the mediation, negotiation and agreement on settling the case.
2. Within 10 days from receiving the request or receiving sufficient additional papers and documents, legal aid proving persons shall study and respond in written to the legally-aided person; For complex cases or cases needed time for verification, the time limit may be extended but not more than 30 days, unless otherwise agreed with the legally-aided persons.
In case the request for legal aid service is a simple legal problem, the recipient shall guide, answer and provide legal information immediately to the legally-aided person.

Thus, within 10 days from receiving the request or receiving sufficient additional papers and documents, legal aid-proving persons shall study and respond in written to the legally-aided person.

For complex cases or cases needed time for verification, the time limit may be extended but not more than 30 days, unless otherwise agreed with the legally-aided persons.

In addition, if the request for legal aid service is a simple legal problem, the recipient shall guide, answer and provide legal information immediately to the legally-aided person.

Under Clause 8, Article 8 of the Law on Legal Aid 2017 on the rights of legally-aided persons, legally-aided persons have the right to lodge complaints or denunciations about legal aid in accordance with this Law and other relevant laws.

According to Clause 1, Article 45 of the Law on Legal Aid 2017 on settlement of complaints and denunciations:

Settlement of complaints and denunciations
1. Legally-aided persons may lodge complaints about the following acts of legal aid-providing organizations, legal aid-providing persons when having grounds to believe that those acts are unlawful acts or infringe upon their legitimate rights and interests:
a) Refuse to accept legal aid-related cases;
b) Fail to provide legal aid services;
c) Provide illegal legal aid services;
d) Change legal aid-providing person illegally.
.....

Under the above regulations, legally-aided persons may lodge complaints about the following acts of legal aid-providing organizations, legal aid-providing persons when having grounds to believe that those acts are unlawful acts or infringe upon their legitimate rights and interests:

- Refuse to accept legal aid-related cases;

- Fail to provide legal aid services;

- Provide illegal legal aid services;

- Change legal aid-providing person illegally

Thus, legally-aided persons in Vietnam may lodge complaints against legal consultants failing to provide legal consultancy within the specified time limit when having grounds to believe that this act is unlawful or infringes upon their legitimate rights and interests.

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