Vietnam: Is it permissible to provide legal aid services for two parties with conflicting interests in the same case?

Is it permissible to provide legal aid services for two parties with conflicting interests in the same case in Vietnam?

Under Clause 2, Article 25 of the Legal Aid Law 2017, the legal aid-providing person in Vietnam must refuse to provide legal aid services in the following cases:

a) 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;

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

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

Therefore, in your case, the legal aid-providing person cannot provide legal aid services for two parties unless you and the opposing party have a different agreement.

What are the penalties imposed on legal aid-providing persons providing legal aid services for two parties with conflicting interests in Vietnam?

According to Clause 1, Article 52 of Decree 82/2020/ND-CP, a warning or a fine of between 300,000 VND and 500,000 VND shall be imposed for one of the following acts:

a) Allowing others to use the legal aid collaborator card;

b) Using the legal aid collaborator card of another person;

c) Failing to return the legal aid collaborator card in case the card is revoked;

d) Failing to refuse or continuing to provide legal aid services in cases requiring refusal according to regulations;

dd) Failing to prepare and transfer legal aid case files according to regulations.

In the absence of a different agreement, legal aid-providing persons providing legal aid services for two parties with conflicting interests shall face a warning or a fine of between 300,000 VND and 500,000 VND.

Sincerely!