Vietnam: Branches of the state legal aid center shall be established in severely disadvantaged areas

Vietnam: Branches of the state legal aid center shall be established in severely disadvantaged areas
Thuy Phu

State legal aid centers are non-business units affiliated to the Department of Justice established by provincial People’s Committees, have legal status, their own seals, head offices and accounts. The Law on Legal Aid 2017 of Vietnam allows for the establishment of branches of State legal aid centers in cases of necessity.

According to Vietnam’s regulations:

- Depending on the needs and actual conditions of the province, the Chairperson of the People’s Committee shall provide decisions on establishing branches of the state legal aid center.

- Branch is established in a district in a severely disadvantaged area with inadequate transportation to the state legal aid center and without law-practicing organizations or legal counseling organizations participating in legal aid services. In which:

+ A district in a severely disadvantaged area is understood to be an area with particularly difficult socio-economic conditions listed in the list of investment preferential areas according to the Government's regulations.

+ A district with inadequate transportation to the state legal aid center is understood to be a district that is far from the Center and does not meet the transportation criteria as stipulated in the guidelines for implementing the criteria for achieving the new rural district standards by the competent authority.

- Branch is an affiliate of a state legal aid center and placed under the State legal aid center’s management. It shall have its own seal for conducting transactions and using it for professional activities and legal assistance services.

- The State legal aid center shall be responsible for all activities of the branches.

- The branch has a Head of the Branch who is a Legal Aid Counselor appointed and dismissed by the Director of the Center. The Head of the Branch is responsible to the Director of the Center for the activities of the branch.

- The branch has the following rights and obligations:

+ Conducting legal aid; appointing individuals to provide legal aid in the assigned area.

+ Requesting relevant agencies and organizations to coordinate and provide information and documents regarding legal aid cases.

+ Implementing statistical reporting on legal aid.

+ Carrying out other tasks related to legal aid as assigned by the Director of the Center.

Legal basis: The Law on Legal Aid 2017 of Vietnam and Decree No. 144/2017/ND-CP of Vietnam’s Government.

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