Can a legal aid trainee represent legally-aided persons in court in Vietnam?

Can a legal aid trainee represent legally-aided persons in court in Vietnam?

Pursuant to Article 20 of the Law on Legal Aid 2017 stipulates that legal aid trainee are as follows:

1. Public employees of the state legal aid center possessing certificates of lawyer profession training or exempting from law practice training according to the Law on Lawyers may register for legal aid training at state legal aid center.

The legal aid training probation duration is 12 months. The state legal aid center shall assign legal aid assistants to guide legal aid trainee and admit the legal aid training probation. Instructing legal aid assistants shall have at least 03 years of experience in assisting legal aid. At a time, a legal aid assistant shall not instruct more than 02 trainees.  

2. The legal aid trainee may assist the legal aid assistant in their professional activities but may not represent, advocate, protect the lawful rights and interests of legally-aided persons in court; may not sign written legal counseling.

The legal aid trainee may go with the instructing legal aid assistant to meet the legally-aided persons and other litigants in legal aid-related cases if they agree; assist the legal aid assistant in studying documents about the case, collecting documents, items and circumstances relevant to such cases and other professional activities. The instructing legal aid assistant shall supervise and be responsible for the activities of the legal aid trainee as prescribed in this Clause.

3. People exempted from probation of legal profession according to the Law on Lawyers shall be exempted from probation of legal aid.

4. The Minister of Justice shall detail the probation, probation testing and the form of certificate of legal aid training.

Thus, legal aid trainees may only assist their instructors in professional activities but may not represent legally-aided persons at court hearings in Vietnam.

What is time limit for appointment and granting of legal aid assistant’s card in Vietnam?

According to Article 21 of the Law on Legal Aid 2017, appointment and granting of legal aid assistant’s card are as follows:

1. The director of the state legal aid center shall make a list of persons working in the center who meet the criteria prescribed in Article 19 of this Law and send it to the Department of Justice to propose the appointment or granting of the legal aid assistant’s card. Within 05 working days after receiving the list of persons proposed for the appointment of legal aid assistant, the Director of Department of Justice shall compile and submit dossiers to the president of the provincial People's Committee.

2. A dossier of appointment as legal aid assistant consists of:

a) An official letter proposing the appointment as a legal aid assistant made by the Director of Department of Justice;

b) A CV of the person proposed for appointment as a legal aid assistant;

c) 02 color portrait photos sized 2 cm x 3 cm;

d) Certified true copy of the bachelor degree, master degree or doctorate degree in law;

dd) Certified true copy of the certificate of lawyer apprentice assessment or the certificate of legal aid apprentice assessment; the copy of the document proving the exemption from legal aid apprenticeship if he/she is exempted from legal aid apprenticeship;

e) Health certificate.

3. Person who were discharged or revoked their legal aid cards as prescribed in Point a, c and f Clause 1, Article 22 hereof shall be considered for appointment and granting of legal aid assistant’s cards when satisfying the conditions for legal aid assistant as prescribed hereof and reasons for dismissal or withdrawal of cards are no longer exist

4. Within 15 days after receiving the dossier, the president of the provincial People's Committee shall consider, decide the appointment and granting of legal aid assistant's card; in case of refusal, he/ she shall issue a written notice and clearly state the reasons therefor.

According to this Article, the director of the state legal aid center shall make a list of persons working in the center who meet the criteria and send it to the Department of Justice to request the appointment and granting of legal aid assistant’s card. Within 20 days from the date on which the Director of Department of Justice receives the list of proposals, the president of the provincial People's Committee shall consider and decide on the appointment and granting of legal aid assistant’s card in Vietnam.

Who has authority to discharge and revoke the legal aid assistant’s card in Vietnam?

Article 22 of the Law on Legal Aid 2017 provides for discharge and revoking of legal aid assistant’s card as follows:

1. Legal aid assistants shall be discharged and revoked their legal aid assistant’s card in the following cases:

a) No longer being qualified as a legal aid assistant as prescribed in Article 19 hereof;

b) Be dismissed from their jobs as a disciplinary form;

c) Transfer to other jobs or quit their jobs voluntarily;

d) Do not participate in criminal proceedings within 02 consecutive years except for cases due to objective reasons;

dd) Be disciplined in the form of reprimand twice or twice, or be dismissed for the commission of actions regulated in Point a, b, dd or e Clause 1 Article 6 hereof;

e) Is banned from carrying out professional activities under decisions of competent authorities;

2. The Director of Department of Justice shall compile and send a dossier to the provincial People's Committee for decision to dismiss or withdraw the legal aid assistant’s card for persons falls into one of the cases specified in Clause 1 this Article.

3. An application for discharge and revoking legal aid assistant’s card consists of:

a) An official letter proposing the discharge and revoking of legal aid assistant’s card made by the Director of Department of Justice;

b) Papers and documents evidencing that the legal aid assistant falls into one of the cases specified in Clause 1 this Article.

4. Within 15 days after receiving the dossier, the president of the provincial People's Committee shall decide the discharge and revoking of legal aid assistant's card.

Thus, the President of the People's Committee of the province has authority to issue a decision to dismiss or withdraw the legal aid assistant’s card in Vietnam.

Best Regards!