What are cases of discontinuation of the provision of legal aid services in Vietnam?

Who are legal aid-providing persons in Vietnam?

Pursuant to Article 17 of the Law on Legal Aid in 2017 stipulating legal aid-providing persons as follows:

Legal aid-providing persons

1. Legal aid-providing persons include:

a) Legal aid assistants;

b) Lawyers providing legal aid services under contract with State legal aid center; lawyers providing legal aid services assigned by legal aid-participating organizations;

c) Legal counselors with at least 02 years of experiences in legal counseling service and working in legal aid-participating organizations;

d) Legal aid collaborators.

2. The Department of Justice shall announce a list of local legal aid-providing persons 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 persons in Vietnam are:

- Legal aid assistants;

- Lawyers providing legal aid services under contract with State legal aid center;

- Lawyers providing legal aid services assigned by legal aid-participating organizations;

- Legal counselors with at least 02 years of experiences in legal counseling service and working in legal aid-participating organizations;

- Legal aid collaborators.

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

Pursuant to Article 18 of the Law on Legal Aid in 2017 stipulating rights and obligations of legal aid-providing persons in Vietnam as follows:

Rights and obligations of legal aid-providing persons

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

a) Provide legal aid;

b) Be guaranteed to provide independent legal aid, not jeopardized, hindered, harassed or unlawful intervened;

c) Refuse or discontinue the provision of legal aid services in cases specified in Clause 1, 2 Article 25, Clause 1 Article 37 hereof and regulations on procedures;

d) Be trained in legal aid knowledge and skills;

dd) Ensure the quality of legal aid services;

e) Comply with regulations on the provisions of legal aid services;

g) Promptly comply with the Law on Legal aid and rules of places of legal aid provision;

h) Compensate or reimburse the amount of money already paid by the legal aid-providing organization to the damage sufferer due to his/her fault upon the provision of legal aid services in accordance with law.

2. Legal aid assistants shall have the following rights and obligations:

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

b) Participate in training courses to enhance knowledge and skills required in professional legal aid;

c) Perform other tasks as assigned;

d) Have the benefits as prescribed.

3. Lawyers and legal aid collaborators who enter into contracts with state legal aid centers for providing legal aid shall be entitled to remuneration and expenses for the provision of legal aid according to regulations.

4. The Government shall detail Point d Clause 2 and 3 this Article.

As regulations above, legal aid assistants shall have the following rights and obligations:

- Provide legal aid;

- Be guaranteed to provide independent legal aid, not jeopardized, hindered, harassed or unlawful intervened;

- Refuse or discontinue the provision of legal aid services;

- Be trained in legal aid knowledge and skills;

- Ensure the quality of legal aid services;

- Comply with regulations on the provisions of legal aid services;

- Promptly comply with the Law on Legal aid and rules of places of legal aid provision;

- Compensate or reimburse the amount of money already paid by the legal aid-providing organization to the damage sufferer due to his/her fault upon the provision of legal aid services in accordance with law.

- Participate in training courses to enhance knowledge and skills required in professional legal aid;

- Perform other tasks as assigned;

- Have the benefits as prescribed.

What are cases of discontinuation of the provision of legal aid services in Vietnam?

Pursuant to Article 37 of the Law on Legal Aid in 2017 stipulating discontinuation of the provision of legal aid services in Vietnam as follows:

Discontinuation of the provision of legal aid services

1. Legal aid-related cases shall be discontinued in the following cases:

a) Cases of refusal according to the provisions of Clause 3, Article 30 of this Law;

b) The legally-aided person perform one of the acts prohibited prescribed in Clause 2 Article 6 hereof;

c) The legally-aided person withdraws his/her request for legal aid.

2. In cases of discontinuance of the provision or legal aid, the legal aid-providing organization or person shall notify the reason in writing to the legally-aided person.

3. If a legal aid-related case is being carried out but the legally-aided person no longer satisfies the provisions of Article 7 hereof, such case shall continue being carried out until the end.

As regulations above, legal aid-related cases shall be discontinued in the following cases:

- Cases of refusal:

+ Legal aid request fails to satisfy one of the conditions prescribed in Clause 1 this Article;

+ Legal aid request contains illegal contents;

+ The legally-aided person has already passed away;

+ The case for which another legal aid-providing organization is providing legal aid.

- The legally-aided person perform one of the acts prohibited:

+ Violate health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services;

+ Deliberately provide false information and documents on legal aid-related cases;

+ Threaten, obstruct or illegally interfere in legal aid services; disturb, cause troubles and seriously violate regulations at legal aid-providing places.

+ The legally-aided person withdraws his/her request for legal aid.

- The legally-aided person withdraws his/her request for legal aid.

Best regards!