Document requirements for proving eligibility for legal aid in Vietnam

Recently, the Ministry of Justice (Hanoi, Vietnam) has issued Circular 08/2017/TT-BTP guiding the Law on Legal Aid and providing guidance on legal aid documents. Document requirements for proving eligibility for legal aid in Vietnam are as follows:

No. Subject Proof Documents
1 Persons with meritorious services to the revolution One of the following documents:
 
  • Decision of the competent authority recognizing the person as having meritorious services to the revolution according to the provisions of the Ordinance on Preferential Treatment of Persons with Meritorious Services to the Revolution;
  • Decision conferring the title of Heroic Vietnamese Mother, Hero of the People's Armed Forces, Hero of Labor during the resistance period;
  • Resistance Order, Resistance Medal, Certificate of Heroic Vietnamese Mother, Hero Certificate, Certificate of Meritorious Services to the Nation;
  • Decision on subsidies, allowances issued by competent authorities determining the person as having meritorious services to the revolution according to the provisions of law on preferential treatment for persons with meritorious services to the revolution;
  • Decision or certificate of wounded soldier, person entitled to policies as wounded soldiers, sick soldiers, illness due to exposure to toxic chemicals, person participating in the resistance being affected by toxic chemicals.
2 Persons belonging to poor households Certificate of poor household status
3 Children One of the following documents:
 
  • Birth certificate, household registration book, identity card, citizenship card, passport;
  • Document of the procedure-conducting agency confirming that the person requesting legal aid is a child;
  • Document of the competent authority on the application of administrative handling measures or administrative penalties confirming that the person requesting legal aid is a child.
4 Persons from ethnic minority groups in regions with particularly difficult conditions One of the following documents:
 
  • Legal documents issued by a competent authority determining the person as belonging to an ethnic minority group and their place of residence;
  • Document of the procedure-conducting agency confirming that the person requesting legal aid is an ethnic minority and their place of residence.
5 Persons charged from 16 to under 18 years old Document from the procedure-conducting agency confirming that the person requesting legal aid is charged from 16 to under 18 years old
6 Persons charged belonging to near-poor households Including the following documents:
 
  • Certificate of near-poor household status;
  • Document of the procedure-conducting agency confirming that the person requesting legal aid is charged.
7 Biological parents, spouses, children of martyrs and caretakers when martyrs were young with financial difficulties Including the following documents:
 
  • Certificate of near-poor household status or decision on monthly social allowance or decision to accept the subject into care, nurturing at social houses, social protection establishments;
  • Decision of the competent authority on preferential allowance, pension allowance for biological parents, spouses, children of martyrs and caretakers when martyrs were young or Family Certificate of Martyrs, Motherland Remembrance Certificate with the martyr's name accompanied by documents proving the kinship relationship with the martyr.
8 Persons affected by Agent Orange with financial difficulties Including the following documents:
 
  • Certificate of near-poor household status or decision on monthly social allowance or decision to accept the subject into care, nurturing at social houses, social protection establishments;
  • Decision on preferential subsidy for children of persons affected by Agent Orange or Certificate of disease, deformity, disability due to exposure to toxic chemicals.
9 Elderly persons with financial difficulties One of the following documents:
 
  • Decision on monthly social allowance; Decision to accept the subject into care, nurturing at social houses, social protection establishments;
  • Certificate of near-poor household status accompanied by legal documents issued by competent authorities determining the person in the document as elderly.
10 Persons with disabilities with financial difficulties One of the following documents:
 
  • Certificate of near-poor household status accompanied by Disability Certificate issued by competent authorities;
  • Decision on monthly social allowance; Decision to accept the subject into care, nurturing at social houses, social protection establishments.
11 Persons from 16 to under 18 years old who are victims in criminal cases with financial difficulties Including the following documents:
 
  • Certificate of near-poor household status or decision on monthly social allowance or decision to accept the subject into care, nurturing at social houses, social protection establishments;
  • Document of the procedure-conducting agency confirming that the person requesting legal aid is a victim from 16 to under 18 years old.
12 Victims in domestic violence cases with financial difficulties One of the following documents:
 
  • Decision to accept victims of domestic violence into social houses, social protection establishments;
  • Certificate of near-poor household status accompanied by one of the following types of documents: Confirmation from a medical examination and treatment facility about the examination and treatment of injuries caused by domestic violence; Decision to prohibit the perpetrator of domestic violence from contacting the victim; Decision on administrative handling of the person committing domestic violence.
13 Victims of human trafficking according to the provisions of the Law on Prevention, Suppression of Human Trafficking with financial difficulties Including the following documents:
 
  • Certificate of near-poor household status or decision on monthly social allowance or decision to accept the subject into care, nurturing at social houses, social protection establishments;
  • Documents certifying the victim according to Article 28 of the Law on Prevention, Suppression of Human Trafficking.
14 Persons with HIV with financial difficulties Including the following documents:
 
  • Certificate of near-poor household status or decision on monthly social allowance or decision to accept the subject into care, nurturing at social houses, social protection establishments;
  • Confirmation from competent authorities determining the person as HIV-positive.

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