The Ministry of Justice of Vietnam is soliciting comments for the Draft Joint Circular to replace Joint Circular 11/2013/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC guiding the implementation of certain legal provisions on legal aid in legal proceedings.
Article table of contents
The notable point is that there are some changes in the procedure for registering legal aid for beneficiaries of legal aid as prescribed by law. Depending on the field of litigation, legal aid assistants and lawyers participating in legal aid in litigation activities must present and meet the following types of documents:
| Field of Litigation | Legal Aid Performer | Required Documents | Implementation Procedure |
| Criminal Litigation | Legal aid assistant, Lawyer performing legal aid of the State Legal Aid Center. | - Document assigning someone to participate in the litigation by the State Legal Aid Center or its branches. - Legal aid assistant card or Lawyer card attached with a certified copy. |
Within 24 hours from the receipt of all required documents, the competent procedure-conducting agency must check the documents and perform the following tasks: - In case the legal aid performer is eligible to participate in the litigation, register for participation in the litigation, immediately send a notice of the registration to the organization, the legal aid performer, and file the documents related to the registration in the case file. - In case of ineligibility, refuse the registration and specify the reasons in writing. |
| Lawyer performing legal aid of the organization participating in legal aid | - Document assigning the lawyer of the organization participating in legal aid where the lawyer practices. - Lawyer card attached with a certified copy. |
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| Civil Litigation, Administrative Litigation | - Legal aid assistant. - Lawyer performing legal aid of the State Legal Aid Center. |
- Document assigning someone to participate in the litigation by the State Legal Aid Center or its branches. - Legal aid assistant card or Lawyer card. |
Within 03 working days from the receipt of all required documents, the Court must perform the following tasks: - In case of eligibility, register for participation in the litigation and confirm it in the request for the defender of the legal rights and interests of the involved parties. - In case of refusal, the Court must notify in writing, specifying the reasons, and send it to the organization, the legal aid performer. |
| Lawyer performing legal aid of the organization participating in legal aid. | - Document assigning the lawyer of the organization participating in legal aid where the lawyer practices. - Lawyer card. |
In case legal aid assistants and lawyers do not present directly, they can send a document assigning the legal aid participant from the legal aid organization and a certified copy of the Legal aid assistant card or Lawyer card by express mail.
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