When can legally-aided persons lodge complaints about legal aid-providing persons in Vietnam?

When can legally-aided persons lodge complaints about legal aid-providing persons in Vietnam?

Pursuant to Clause 1 Article 45 of the Law on Legal Aid in 2017:

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.

2. Heads of legal aid-providing organizations shall settle complaints about acts specified in Clause 1 this Article within 03 working days after receiving the complaints. If the complainants disagree with complaint-settlement decisions of heads of legal aid-providing organizations or upon the expiration of the deadline but the complaint is not resolved, they may further lodge their complaints to the Director of Department of Justice.

Director of Department of Justice shall settle complaints within 15 days after receiving them. Decisions on complaint settlement of the director of Department of Justice shall be valid. If the complainants disagree with the decisions of the director of Department of Justice or upon the expiration of the deadline but the complaint is not resolved, they may file a lawsuit in court.

3. Organizations and individuals may complaint or file a lawsuit about disciplining decisions, decisions on administrative violation sanctions and other administrative decisions, acts in legal aid in according with the law on complaints and other relevant provisions.

As regulated above, 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.

When can legally-aided persons lodge complaints about legal aid-providing persons in Vietnam? - image from internet

What are rights of legally-aided persons in Vietnam?

Pursuant to Article 8 of the Law on Legal Aid in 2017, legally-aided persons in Vietnam have 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 following cases specified in Clause 1 and 2, Article 25 of this Law.

+ Commit prohibited acts, except for cases where they have completely served their penalties and have the right to provide legal aid services under the provisions of this Law;

+ Be revoked legal aid assistant's card, legal aid collaborator’s card, law practicing certificate or legal counselor card;

+ Cases of inability to participate in proceedings as prescribed by law on proceedings.

+ Provided or is providing legal aid service to a legally-aided person that is a party with conflicting interests in the same case, unless otherwise agreed in legal consultancy, extrajudicial representation in civil matters by parties;

+ There are evidences to believe that he/she is possibly biased during the process of providing legal aid services;

+ There are reasons that show the legal aid service cannot be provided effectively, affecting the lawful rights and interests of legally-aided persons.

- 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.

What are obligations of legally-aided persons in Vietnam?

Pursuant to Article 9 of the Law on Legal Aid in 2017, legally-aided persons in Vietnam have following 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.

Best regards!