Application and procedures for registration for participation in legal aid services in Vietnam

Application and procedures for registration for participation in legal aid services in Vietnam (Internet image)

1. Who are legally-aided persons?

According to Article 7 of the Law on Legal Aid 2017, legally-aided persons include:

- People with meritorious services to the revolution.

- People in poor households.

- Children.

- Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions.

- Accused persons from 16 years old to under 18 years old.

- Accused persons in near-poor households.

- People in one of the following cases having financial difficulties:

+ Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs;

+ People infected with dioxin;

+ Elderly people;

+ Disabled people;

+ Victims in criminal prosecutions from 16 years old to under 18 years old;

+ Victims in family domestic violence cases;

+ Victims of human trafficking cases as specified in the Law on human trafficking prevention and combat;

+ HIV-positive people.

2. What are legal aid-participating organizations?

Article 12 of Law on Legal Aid 2017, legal aid-participating organizations include organizations signing contracts to provide legal aid services and organizations registering for participation in legal aid services.

- Organizations signing contracts to provide legal aid services include law-practicing organizations and legal counseling organizations signing contracts with the Department of Justice to provide legal aid services in accordance with this Law.

- Organizations registering for participation in legal aid services include law-practicing organizations and legal counseling organizations registering for participation in legal aid services according to Law on Legal Aid 2017.

3. Registration for participation in legal aid services in Vietnam

Registration for participation in legal aid services specified in Article 15 of the Law on Legal Aid 2017 is as follows:

- Law-practicing organizations and legal counseling organizations which volunteer to provide legal aid with their own resources may register for participation in the provision of legal aid services as follows:

+ Law-practicing organizations shall satisfied all conditions prescribed in Point a, c and d Clause 2 Article 14 of Law on Legal Aid 2017

+ Legal counseling organizations shall satisfied all conditions prescribed in Point a, c and d Clause 2 Article 14 of Law on Legal Aid 2017 and have at least 01 legal counselor with 02 years of experience in consultancy or 01 full-time lawyer working at such organization

- Law-practicing organizations and legal counseling organizations shall register their scope, form, field and legally-aided persons with provincial Department of Justice that has granted their licenses for operation registration.

3.1 Application to registration for participation in legal aid in Vietnam

According to Clause 1, Article 19 of Circular 08/2017/TT-BTP, an application for registration for participation in legal aid includes:

- An application for participation in legal aid made according to the form issued together with Circular 08/2017/TT-BTP (Form TP-TGPL-01);

Application for participation in legal aid

- List of lawyers and legal consultants eligible to provide legal aid (Form TP-TGPL-02);

List of lawyers, legal consultants

- Copy of lawyer card, legal consultant card.

3.2 Procedures for registration to participate in legal aid in Vietnam

Pursuant to Article 19 of Circular 08/2017/TT-BTP, the procedures for registration of participation in legal aid are as follows:

- Law-practicing organizations and legal consultancy organizations that are eligible to register for participation in legal aid as prescribed in Clause 1 of Article 15 of the Law on Legal Aid 2017 shall submit directly or via postal service, fax, or electronically one set of documents (as above) to the Department of Justice where the operation registration certificate has been issued.

- Within seven days from the date of receipt of a valid registration dossier, the Department of Justice shall examine the dossier and issue a Certificate of Registration for participation in legal aid according to the form promulgated together with Circular 08/2017/TT-BTP (Form TP-TGPL-03) for eligible registered organizations and notify the Center for coordination in implementation.

Registration form to participate in legal aid

In cases of refusal, the reason must be clearly stated in writing. The provision of legal aid shall commence from the date of issuance of the certificate of registration for participation in legal aid.

- Within three working days from the date of being granted the certificate of registration to participate in legal aid, the Department of Justice shall announce the list of registered organizations and legal aid providers in the locality according to regulations. in Clause 2, Article 10, and Clause 2, Article 17 of the Law on Legal Aid 2017.

In case of a change in legal aid providers, the organization registering to participate in legal aid must send a written notice to the Department of Justice to review and update the list of local legal aid providers and notify the Ministry of Justice.

- There are no fees associated with registering for legal aid. 

Nhu Mai

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