Notice on Conditions for Entering into Contracts for Legal Aid Services Execution

Notice on Conditions for Entering into Contracts for Legal Aid Services Execution
Thuy Phu

Law on Legal Aid 2017

The Law on Legal Aid 2017 clearly stipulates: The legal aid performance contract is concluded between the Department of Justice and the legal practice organizations, legal consulting organizations, and between the State Legal Aid Center and legal aid lawyers, legal aid collaborators regarding the implementation of legal aid in accordance with the regulations of civil law. However, to be eligible to sign the contract, the parties must meet the following conditions:

Contract signed between the Department of Justice and legal practicing organizations, legal consulting organizations:

Legal practicing organizations and legal consulting organizations must meet the following conditions:

- Have a registered field of operation that aligns with legal aid activities as per regulations;- Have at least one legal consultant with over 2 years of legal consulting experience or one regularly working lawyer at the organization;- Have facilities suitable for legal aid activities;- Not be under the period of implementing decisions on administrative sanctions in the practice of law or legal consulting.

Depending on the legal aid requirements and local practice, the Department of Justice will select and sign contracts with organizations that have the desire.

Contract signed between the State Legal Aid Centre and the lawyer:

The lawyer must meet the following conditions:

- Not be under the period of implementing decisions on administrative sanctions in the practice of law;- Not be prohibited from practicing or restricted in professional activities as decided by the competent authority;- Not be under criminal investigation;- Have written consent from the legal practicing organization where the lawyer is working, or the agency/organization with which the lawyer has signed a labor contract.

Based on the legal aid needs, and the resources available for legal aid implementation in the locality, the Centre will select and sign contracts to provide legal aid with lawyers who meet the above conditions.

Contract signed between the State Legal Aid Centre and legal aid collaborators:

Retirees with full civil capacity, good moral qualities, health, and the desire to provide legal aid can become legal aid collaborators, including:

- Legal aid assistants;- Judges, court officials;- Procurators, procuratorial inspectors;- Investigators;- Civil judgment enforcement officers, civil judgment enforcement inspectors; legal experts working at state agencies.

The Director of the State Legal Aid Centre signs a contract to provide legal aid with individuals who are granted legal aid collaborator cards to provide legal consultations locally.

See more Legal Aid Law 2017 effective from January 01, 2018.

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