Law on Legal Aid - Draft

June 8, the Ministry of Justice officially announced the Draft Law on Legal Aid. The draft will be open for public comments until July 27, 2016, and is expected to be passed at the XIV Term - 3rd Session of the National Assembly.

Regarding "Scope of Legal Aid," the draft stipulates in detail:

The following subjects are eligible for legal aid in legal fields except business and commerce:

- People belonging to poor households;- People entitled to preferential treatment policies for meritorious services to the revolution;- Elderly people, children, and the disabled without shelter;- Ethnic minorities residing in areas with particularly difficult socio-economic conditions;

The following subjects are eligible for legal aid in the form of participation in criminal proceedings where they are the accused:

- Children accused in cases not specified above;- People belonging to near-poor households;- HIV-infected persons without shelter;

The following subjects are eligible for legal aid in the form of participation in criminal proceedings where they are the victims:

- Victims as defined by anti-human trafficking laws.

2 options for "Organizational Implementation of Legal Aid"

- Option 1: Legal Aid Center under the Central Legal Aid Management Agency;- Option 2: State Legal Aid Center under the Department of Justice;

In both options, the terms concerning the "Contract for Legal Aid Implementation between the Management Agency and Participating Organizations" and the terms regarding "Termination of Legal Aid by Participating Organizations" are the same, with no significant changes.

Basically, the difference between these two options lies in the management decentralization.

Full text of Draft Law on Legal Aid

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

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