Changes to 06 document templates in legal aid activities effective from February 15, 2024 in Vietnam

Changes to 06 document templates in legal aid activities effective from February 15, 2024 in Vietnam

On December 29, 2023, the Minister of Justice issued Circular 10/2023/TT-BTP amending and supplementing certain provisions of Circular 08/2017/TT-BTP dated November 15, 2017, by the Minister of Justice detailing some articles of the Legal Aid Law and providing guidance on documentation in legal aid activities. Additionally, it revises Circular 12/2018/TT-BTP dated August 28, 2018, by the Minister of Justice, which instructs certain legal aid business activities and the management of legal aid case quality.

According to Circular 10/2023/TT-BTP, there are 06 changes of document templates in legal aid activities, including:

- Application to become a legal aid collaborator.

- Application for the reissuance of a legal aid collaborator card.

- Legal aid request form.

- Complaint form.

- Application to change the person providing legal aid.

- Withdrawal of legal aid request form.

Changes to 06 document templates in legal aid activities effective from February 15, 2024 in Vietnam - Image from Internet

Who are legally-aided persons in Vietnam?

Pursuant to Article 7 of the Law on Legal Aid in 2017 stipulating 07 legally-aided persons in Vietnam as follows:

1. People with meritorious services to the revolution.

2. People in poor households.

3. Children.

4. Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions.

5. Accused persons from 16 years old to under 18 years old.

6. Accused persons in near-poor households.

7. People in one of the following cases having financial difficulties:

- Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs;

- People infected with dioxin;

- Elderly people;

- Disabled people;

- Victims in criminal prosecutions from 16 years old to under 18 years old;

- Victims in family domestic violence cases;

- Victims of human trafficking cases as specified in the Law on human trafficking prevention and combat;

-HIV-positive people.

What are legal aid-providing organizations in Vietnam?

Pursuant to Article 10 of the Law on Legal Aid in 2017 stipulating legal aid-providing organizations as follows:

Legal aid-providing organizations

1. Legal aid-providing organizations include state legal aid centers and legal aid-participating organizations.

2. The Department of Justice shall announce a list of qualified local legal aid-providing organizations and post them on the website of the Department of Justice and send them to the Ministry of Justice for aggregating and posting on the website of the Ministry of Justice.

As regulations above, legal aid-providing organizations include state legal aid centers and legal aid-participating organizations.

What are rights of legal aid-providing persons in Vietnam?

Pursuant to Article 8 of the Law on Legal Aid in 2017 stipulating rights of legally-aided persons as follows:

- 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.

Circular 10/2023/TT-BTP takes effect on 15/02/2024.

Best regards!