What are principles of legal assistance in Vietnam?

What are principles of legal assistance in Vietnam?

What are principles of legal assistance in Vietnam? Thank you!

Answer:

Pursuant to Article 4 of the Law on Legal Assistance in 2007 stipulating principles of legal assistance in Vietnam as follows:

1. Legal assistance is provided on the principles of respect for independence, sovereignty and territorial integrity, non-interference into internal affairs of each other, equality and mutual benefit, compliance with Vietnams Constitution and law and with treaties to which Vietnam is a contracting party.

2. Where there exist no treaties on legal assistance between Vietnam and foreign countries, legal assistance activities follow the principle of reciprocity which, however, do not contravene Vietnamese law and conform to international law and practice.

Please refer to the Law on Legal Assistance in 2007 for further information.

What is the scope of criminal legal assistance in Vietnam?

Hello Lawnet. Through the press, I learned about the issue of legal assistance in criminal matters. Therefore, I have a question. What is the scope of criminal legal assistance in Vietnam? Which document stipulates this issue? Thank you!

Answer:

Pursuant to Article 17 of the Law on Legal Assistance in 2007 stipulating scope of criminal legal assistance in Vietnam as follows:

The scope of criminal legal assistance between Vietnam and foreign countries covers:

1. Service of papers, dossiers and documents related to criminal legal assistance;

2. Summon of witnesses and experts;

3. Collection and supply of evidence;

4. Penal liability examination;

5. Information sharing;

6. Other requests for criminal legal assistance.

Please refer to the Law on Legal Assistance in 2007 for further information.

What are procedures for requesting foreign countries to provide civil legal assistance in Vietnam?

Hello Lawnet. I have a question. What are procedures for requesting foreign countries to provide civil legal assistance in Vietnam? Which document stipulates this issue? Thank you!

Answer:

Pursuant to Article 14 of the Law on Legal Assistance in 2007 stipulating procedures for requesting foreign countries to provide civil legal assistance in Vietnam as follows:

1. Vietnams competent bodies requesting foreign competent bodies to provide civil legal assistance shall make mandate dossiers under the provisions of Article 11 of this Law and send them to the Ministry of Justice.

2. Within ten working days after the receipt of civil legal mandate dossiers, the Ministry of Justice shall record in the legal mandate book, examine the validity of the dossiers and send them to foreign competent bodies under the provisions of treaties to which Vietnam and those foreign countries are contracting parties or through the diplomatic channel. If the dossiers are invalid, the Ministry of Justice shall return them to the dossier-making agencies and clearly state the reasons therefor.

3. Within five working days after the receipt of foreign competent bodies written notices on the performance of legal mandate, the Ministry of Justice shall transfer the notices to Vietnams competent bodies that have sent the civil legal mandate dossiers.

Please refer to the Law on Legal Assistance in 2007 for further information.

Best regards!