Do victims of domestic violence receive legal aid from the government in Vietnam?

Do victims of domestic violence receive legal aid from the government in Vietnam?

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

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

b) People infected with dioxin;

c) Elderly people;

d) Disabled people;

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

e) Victims in family domestic violence cases;

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

h) HIV-positive people.

The Government shall stipulate in detail the financial difficulties of legally-aided persons in this clause in accordance with the socio-economic conditions.

As regulations above, the victim of a domestic violence case who has financial difficulties will be eligible for legal aid. If your neighbor is a victim of domestic violence and is a poor household, she will be eligible for legal aid.

Do victims of domestic violence receive legal aid from the government in Vietnam? - Source: Internet

Can victims of domestic violence ask someone else to request legal aid in Vietnam?

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

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.

As regulations above, your neighbor can apply for legal aid on her own or through a relative, an agency, a person with the authority to conduct legal proceedings, or another agency, organization, or individual. Therefore, victims of domestic violence are not allowed to ask someone who is not a relative to apply for legal aid.

What are the rights and obligations of organizations that provide legal aid to victims of domestic violence in Vietnam?

Pursuant to Article 13 of the Law on Legal Aid in 2017 stipulating rights and obligations of legal aid-providing organizations as follows:

1. Legal aid-providing organizations shall have the following rights and obligations:

a) Provide legal aid services;

b) Request concerned agencies and organizations to coordinate and supply information and documents on legal aid-related cases;

c) Pay compensations for damage caused by a member of such organization's faults during the process of providing legal aid services;

d) Make reports, release statistics and communication on legal aid;

dd) Settle complaints according to the provisions of Clause 2, Article 45 of this Law.

e) Make recommendations to competent authorities on matters related to the settlement of legal aid-related cases.

2. State legal aid centers shall have the following rights and obligations:

a) Rights and obligations according to the provisions of Clause 1, this Article;

b) Perform other tasks on legal aid requested or authorized by competent authorities.

3. Organizations signing contracts to provide legal aid services shall have the following rights and obligations:

a) Rights and obligations according to the provisions of Clause 1, this Article;

b) Receive remunerations and costs for participating in legal aid-related cases in accordance with regulations of the Government;

c) Other rights and obligations in accordance with the contract on legal aid.

4. Organizations registering for participation in legal aid services shall have the following rights and obligations:

a) Rights and obligations according to the provisions of Clause 1, this Article;

b) Provide legal aid services in accordance with registered contents.

Above are the rights and obligations of organizations that provide legal aid to victims of domestic violence in Vietnam.

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