What are regulations on the organization and operation of the State Legal Aid Center in Vietnam?

What are regulations on the organization and operation of the State Legal Aid Center in Vietnam?

Pursuant to Article 3 of the Decree 144/2017/NĐ-CP stipulating regulations on the organization and operation of the State Legal Aid Center in Vietnam as follows:

1. A state legal aid center (hereinafter referred to as the Center) has a director, deputy director, legal assistants, officials and other employees. The Director, Deputy Director of the Center must be a Legal Assistant.

2. The Center's Director and the Center's Deputy Director shall be appointed, relieved of duty or dismissed by the Director of the Department of Justice. The Director of the Center is the head of the Center and the legal representative of the Center, responsible to the Director of the Department of Justice and to the law for all activities of the Center. The Deputy Director of the Center is in charge of one or several areas of work assigned by the Director of the Center and is responsible to the Director of the Center for the results of the assigned work.

3. The Center may have appropriate specialized divisions to perform the tasks and powers in accordance with the Law on Legal Aid and the law on public non-business units.

What are criteria for appointment and dismissal of the Director of the State Legal Aid Center in Vietnam?

Pursuant to Article 4 of the Decree 144/2017/NĐ-CP stipulating criteria for appointment and dismissal of the Director of the State Legal Aid Center in Vietnam as follows:

1. Legal assistants who fully meet the following criteria may be proposed for appointment as Center Director:

a) Have at least 03 years as a legal aid officer or judge or procurator, intermediate or higher investigator or having 5 years working in the state management of legal aid in the Judiciary branch;

b) Have met the conditions and criteria for heads of public non-business units under the Department of Justice as prescribed by law.

2. The Director of the Center shall be dismissed in one of the following cases:

a) Commit one of the acts specified in Clause 1, Article 6 of the Law on Legal Aid;

b) Serious violations of legal aid professional rules;

c) Be disciplined in the form of dismissal in accordance with the law on cadres and civil servants.

What are branches of the State Legal Aid Center in Vietnam?

Pursuant to Article 5 of the Decree 144/2017/NĐ-CP stipulating branches of the State Legal Aid Center in Vietnam as follows:

1. The branch is under the management of the Center. Branches have seals for transactions, professional activities and legal aid services. The name of the Center's Branch is set according to the ordinal number of its establishment but must clearly show the name of the Branch's governing Center.

2. The Branch has its Head as a Legal Assistant, appointed, relieved from duty or dismissed by the Center's Director. The Head of the Branch is responsible to the Director of the Center for the operation of the Branch.

3. Branches have the following rights and obligations:

a) Provide legal aid; appoint people to provide legal aid in the assigned area;

b) Request concerned agencies and organizations to coordinate and provide information and documents on the legal aid case;

c) Implement the regime of statistics and reports on legal aid;

d) Perform other tasks related to legal aid as assigned by the Director of the Center.

What are conditions for establishing a branch of the State Legal Aid Center in Vietnam?

Pursuant to Article 6 of the Decree 144/2017/NĐ-CP stipulating conditions for establishing a branch of the State Legal Aid Center in Vietnam as follows:

1. The establishment of a branch must be based on the conditions specified in Clause 2, Article 11 of the Law on Legal Aid and on the long-term legal aid needs of the people in the place where it is intended to be established; Legal assistants must work regularly, have physical facilities, and ensure efficient use of the state budget.

2. Districts in regions with extremely difficult socio-economic conditions specified in Clause 2, Article 11 of the Law on Legal Aid are areas with extremely difficult socio-economic conditions on the list of geographical areas eligible for investment incentives as prescribed by the Government.

The district with inconvenient traffic to the Center specified in Clause 2, Article 11 of the Law on Legal Aid is the district located far from the Center and does not meet the traffic criteria according to the guidance on implementing the criteria of the district meeting the new rural standard of the competent authority.

Best regards!