What are the policies and regulations for legal aid assistants in Vietnam?

What are the policies and regulations for legal aid assistants in Vietnam? - Ms. Huyen (Binh Duong).

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.

...

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 the policies and regulations for legal aid assistants in Vietnam?

Pursuant to Article 11 of the Decree 144/2017/NĐ-CP stipulating policies and regulations for legal aid assistants in Vietnam as follows:

Policies and regulations for legal aid assistants

1. Legal aid assistants have civil service positions as prescribed by law.

2. Legal aid assistants are entitled to a professional responsibility allowance equal to 25% of their current salary plus any leadership position allowance and out-of-scale allowance (if any).

3. Legal aid assistants are entitled to receive their own uniforms according to the following standards and terms of service:

Suits: Issued every 2 years, with 2 sets issued for the first time, and 1 set issued each time thereafter.

Long-sleeved shirts: Issued annually, with 2 shirts issued for the first time, and 1 shirt issued each time thereafter.

Summer clothes: Issued annually, with 2 sets issued for the first time, and 1 set issued each time thereafter.

Leather shoes: 1 pair per year.

Slippers: 1 pair per year.

Belt: 1 piece per 2 years.

Necktie: 1 piece per 2 years.

Socks: 2 pairs per 1 time per year.

Briefcase: 1 piece per 2 years.

Badge: 1 piece (issued once).

The model of uniforms, the management, issuance, and use of uniforms are implemented according to the guidance of the Ministry of Justice.

As regulations above, legal aid assistants are entitled to the following policies and regulations:

-Legal aid assistants are entitled to a professional responsibility allowance equal to 25% of their current salary plus a ny leadership position allowance and out-of-scale allowance (if any).

- Legal aid assistants are entitled to receive their own uniforms according to the standards and terms of service.

- Legal aid assistants have civil service positions as prescribed by law.

Best regards!

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