When can the beneficiary of legal aid request to change the legal aid provider? What is the procedure for changing the legal aid provider?
When can a person receiving legal aid request a change of legal aid provider?
Pursuant to the provisions of Clause 1, Article 9 of Circular 12/2018/TT-BTP as follows:
Request to change the legal aid provider, withdrawal of legal aid request by the person receiving legal aid
1. The person receiving legal aid has grounds to believe that the legal aid provider falls under one of the cases that are not allowed to continue or must refuse to provide legal aid as stipulated in Clause 1 and Clause 2, Article 25 of the Law on Legal Aid, they shall make a request for changing the legal aid provider according to Form No. 04 attached to this Circular and send it to the legal aid organization, Branch. Within 03 working days from the date of receipt of the request to change the legal aid provider, the legal aid organization, Branch is responsible for responding to the person receiving legal aid as stipulated in Clause 3, Article 25 of the Law on Legal Aid.
Thus, the person receiving legal aid requests a change of legal aid provider in the following cases:
- There are grounds to believe that the legal aid provider falls under one of the cases that are not allowed to continue or must refuse to provide legal aid, specifically:
+ Conducts prohibited acts stipulated in Clause 1, Article 6 of the Law on Legal Aid 2017, except for cases where the violation sanction has been completed and legal aid is allowed according to the Law on Legal Aid 2017.
+ The legal aid provider card, collaborator card, lawyer practicing certificate, or legal consultant card is revoked.
+ Cases not allowed to participate in legal proceedings.
+ Has or is providing legal aid to other parties with conflicting interests in the same case, except for civil cases where the parties have other agreements.
+ There are grounds to believe that the legal aid provider may be biased in providing legal aid.
+ There are reasons indicating that legal aid cannot be provided effectively, affecting the lawful rights and interests of the person receiving legal aid.
When can a person receiving legal aid request a change of legal aid provider? Procedures for changing the legal aid provider?
What are the procedures for changing the legal aid provider in 2023?
The Ministry of Justice promulgates Decision 228/QD-BTP in 2023 announcing the administrative procedures amended and supplemented in the field of legal aid under the management scope of the Ministry of Justice.
Accordingly, in Section 3, Part II of the Administrative Procedures issued with Decision 228/QD-BTP in 2023, the procedures for changing the legal aid provider are guided as follows:
- The person receiving legal aid makes a request to change the legal aid provider and sends it to:
+ Provincial/City State Legal Aid Center, Branch of the Center
+ Or organization contracted to provide legal aid, organization registered to participate in legal aid.
- Within 03 working days from the date of receipt of the request to change the legal aid provider, the Provincial/City State Legal Aid Center, Branch of the Center, the organization contracted to provide legal aid, the organization registered to participate in legal aid:
+ Notifies in writing and clearly states the reason to the person receiving legal aid
+ Assigns another person to provide legal aid in cases where the legal aid provider falls under one of the cases that are not allowed to continue providing legal aid or the legal aid provider must refuse to handle the legal aid case as stipulated.
Implementation Methods:
- Submit the application directly at the legal aid organization’s headquarters;
- Send the application by postal service;
- Send the application via fax, electronic form.
Application Components:
- Request to change the legal aid provider.
- Documents and materials related to the request for a change.
How long is the processing time for changing the legal aid provider?
Based on the provisions in Section 3, Part II of the Administrative Procedures issued with Decision 228/QD-BTP in 2023.
The processing time for changing the legal aid provider is determined to be within 03 working days from the date of receipt of the request to change the legal aid provider.
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