What are requirements for lawyer's offices to sign legal aid-providing contracts in Vietnam?

1. What are requirements for lawyer's offices to sign legal aid-providing contracts in Vietnam?

Pursuant to Article 14 of the Law on Legal Aid 2017 stipulates that legal aid-providing contracts are as follows:

1. Legal aid-providing contract shall be signed between the Department of Justice and law-practicing organizations, legal counseling organizations, and between state legal aid center with legal aid supporting lawyers or collaborators regarding the delivery of legal aid services in accordance with the civil law.

2. Based on legal aid needs and actual conditions at the province, the Department of Justice shall select and sign legal aid-providing contracts with an organization that wishes to sign and meet the following requirements:

a) The registered line of business shall correspond to the field of legal aid as specified herein;

b) Act as law-practicing organization, legal counseling organization that has at least 01 legal counselor with at least 02 years of experience in consultancy or 01 full-time lawyer working at such organization;

c) The facility shall be suitable for legal aid services;

d) The organization has not been incurring an administrative penalty for violations against regulations on law practicing and legal counseling.

3. Based on legal aid needs and resources to provide legal aid at the province, the provincial state legal aid center shall select and sign a legal aid-providing contract with a lawyer that meets the following requirements:

a) He/she has not been incurring an administrative penalty for violations against regulations on law practicing;

b) He/she has not been banned or restricted from carrying out professional activities under a decision of the competent authority;

c) He/she has not been facing a prosecution for criminal liability;

d) He/she receives a written approval from the law-practicing organization where he/she is working or the agency, organization that signs the labor contract with such lawyer.

4. The provincial state legal aid centers shall select and sign legal aid-providing contracts with legal aid supporting collaborators as prescribed in Article 24 hereof.

5. Organizations and individuals committed prohibited acts defined in Clause 1 Article 6 hereof shall not select and sign legal aid-providing contracts within at least 02 years since the conclusion of the violation is issued.

6. The Minister of Justice shall detail this Article.

2. What are circumstances of organizations signing contracts to provide legal aid services shall terminate their provisions of legal aid services in Vietnam?

According to Article 16 of the Law on Legal Aid 2017, termination of provision of legal aid services by Legal aid-participating organizations is as follows:

1. Organizations signing contracts to provide legal aid services shall terminate their provisions of legal aid services in the following cases:

a) Have no longer satisfied one of the conditions for signing contracts to provide legal aid services as prescribed in Clause 2 Article 14 hereof;

b) Termination under the contract of the provision of legal aid services;

c) Cause serious consequences when providing legal aid services;

d) Have their operation terminated in accordance with law.

2. An organization registering for participation in the provision of legal aid services shall terminate its delivery of legal aid services in the following cases:

a) Has no longer satisfied one of the conditions for registering for participation in the provision of legal aid services as prescribed in Clause 1 Article 15 hereof;

b) It terminates its participation in legal aid services itself after sending a written notice to the provincial Department of Justice that has granted its license for operation registration;

c) It has not provided legal aid services for 02 consecutive years except for cases due to objective reasons;

d) It has caused serious consequences when providing legal aid services;

dd) It has its operation terminated in accordance with law.

3. When terminating delivery of legal aid services, the legal aid-participating organization shall send a written notice to the Department of Justice and transfer dossiers of legal aid-related cases it has not finished to the state legal aid center assigned by the Department of Justice for continuation of handling.

According to this Article, an organization that signs legal aid-providing contracts shall terminate provision of legal aid services when it falls into one of the cases specified above in Vietnam.

Best Regards!