What documents are needed when requesting legal aid in Vietnam?

What documents are needed when requesting legal aid in Vietnam?

Pursuant to Article 29 of the Law on Legal Aid in 2017 stipulating legal aid request in Vietnam as follows:

1. When requesting legal aid, the legally-aided person must submit a set of application to the legal aid-providing organization, including:

a) Legal aid written application form;

b) Papers proving their eligibility for legal aid;

c) Papers and documents related to the legal aid-related case.

2. The application for legal aid services shall be submitted as follows:

a) If the application is submitted directly at the headquarter of the legal aid-providing organization, legally-aided person shall submit the papers and documents specified in Point a and c, Clause 1 of this Article; present the original copy or submit the certified true copy proving that he/she is the legally-aided person.

If a legally-aided person cannot write a request by himself/herself, the legal aid-providing person shall fill in the request form, give it to the legally-aided person for reading or read it to the legally-aided person and asks him/her to sign or press his/her fingerprint on the filled-in form;

b) If the application is sent by post, the legally-aided person shall submit the papers and documents specified in Point a and c Clause 1 of this Article, the certified true copy proving that he/she is the legally-aided person;

c) If the application is submitted via fax or an electronic form, when meeting the legal aid-providing persons, the legally-aided person must present the original copy or submit the certified true copy proving that he/she is the legally-aided person.

As regulations above, you shall prepare following documents: Legal aid written application form, Papers proving their eligibility for legal aid, Papers and documents related to the legal aid-related case.

Are people in poor households in Vietnam eligible for legal aid?

Pursuant to Article 7 of the Law on Legal Aid in 2017 stipulating legally-aided persons in Vietnam as follows:

1. People with meritorious services to the revolution.

2. People in poor households.

3. Children.

4. Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions.

5. Accused persons from 16 years old to under 18 years old.

6. Accused persons in near-poor households.

7. People in one of the following cases having financial difficulties:

a) Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs;

b) People infected with dioxin;

c) Elderly people;

d) Disabled people;

dd) Victims in criminal prosecutions from 16 years old to under 18 years old;

e) Victims in family domestic violence cases;

g) Victims of human trafficking cases as specified in the Law on human trafficking prevention and combat;

h) HIV-positive people.

The Government shall stipulate in detail the financial difficulties of legally-aided persons in this clause in accordance with the socio-economic conditions.

As regulations above, only the accused in poor households are eligible for legal aid.

What are regulations on acceptance of legal aid-related cases in Vietnam?

Pursuant to Article 30 of the Law on Legal Aid in 2017 stipulating acceptance of legal aid-related cases in Vietnam as follows:

1. The legal aid request shall only be accepted when there are specific cases directly related to the lawful rights and interests of legally-aided persons specified in Article 7 and in accordance with this Law.

2. Those who receive written requests for legal aid shall check their contents related to legal aid and immediately reply to the legally-aided person whether the dossiers are eligible for acceptance or needed supplement.

3. Legal aid-providing organization must refuse and clearly state the reasons in writing to the requesters in the following cases:

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

b) Legal aid request contains illegal contents;

c) The legally-aided person has already passed away;

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

4. In cases the requester could not provide sufficient documents as specified in Clause 1 Article 29 hereof but need legal aid right away due to the fact that the legal aid-related cases were about to be expired or the trial day is approaching, the presiding agency transfer legal aid requests to legal aid-providing organizations or for the purpose of avoiding damaging the lawful rights and interests of legally-aided persons, the recipient shall notice the head of the legal aid-providing organization and accept immediately, at the same time guide the requesters to provide additionally necessary documentation.

Above are regulations on acceptance of legal aid-related cases in Vietnam.

Best regards!