Regulations on settlement of complaints and denunciations regarding legal aid in Vietnam

Regulations on settlement of complaints and denunciations regarding legal aid in Vietnam (Internet image)

1. Prohibited acts in legal aid services in Vietnam

In Article 6 of the Law on Legal Aid 2017, the prohibited acts in legal aid services are as follows:

1.1. Legal aid-providing organizations and individuals in Vietnam 

Legal aid-providing organizations and individuals may not commit the following acts:

(1) Infringe upon the dignity, honor or legitimate rights and interests of legally-aided persons; discriminate against legally-aided persons;

(2) Receive or demand any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons;

(3) Disclose information on legal aid-related cases or legally-aided persons unless it is agreed in writing by legally-aided persons or otherwise provided for by law.

(4) Refuse or discontinue the provision of legal aid services, except for cases specified in this Law and regulations on procedures;

(5) Abuse legal aid services for self-seeking activities, encroach on national security and defense, disturb social order and safety, cause adverse impacts on social ethics;

(6) Incite, provoke legally-aided persons to declare and supply false information and documents or to make complaints or denunciations or initiate lawsuits in contravention of law.

1.2 Legally-aided persons, agencies, organizations and individuals engaged in legal aid services in Vietnam

Legally-aided persons, agencies, organizations and individuals engaged in legal aid services may not commit the following acts:

(1) Violate health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services;

(2) Deliberately provide false information and documents on legal aid-related cases;

(3) Threaten, obstruct or illegally interfere in legal aid services; disturb, cause troubles and seriously violate regulations at legal aid-providing places.

2. Settlement of complaints and denunciations in Vietnam

Article 45 of the Law on Legal Aid 2017 stipulates the settlement of complaints and denunciations as follows:

- Legally-aided persons may lodge complaints about the following acts of legal aid-providing organizations, legal aid-providing persons when having grounds to believe that those acts are unlawful acts or infringe upon their legitimate rights and interests:

= Refuse to accept legal aid-related cases;

= Fail to provide legal aid services;

= Provide illegal legal aid services;

= Change legal aid-providing person illegally.

- Heads of legal aid-providing organizations shall settle complaints about acts specified in above within 03 working days after receiving the complaints.

If the complainants disagree with complaint-settlement decisions of heads of legal aid-providing organizations or upon the expiration of the deadline but the complaint is not resolved, they may further lodge their complaints to the Director of Department of Justice.

Director of Department of Justice shall settle complaints within 15 days after receiving them. Decisions on complaint settlement of the director of Department of Justice shall be valid.

If the complainants disagree with the decisions of the director of Department of Justice or upon the expiration of the deadline but the complaint is not resolved, they may file a lawsuit in court.

- Organizations and individuals may complaint or file a lawsuit about disciplining decisions, decisions on administrative violation sanctions and other administrative decisions, acts in legal aid in according with the law on complaints and other relevant provisions.

- Individuals may denounce violations of the Law on Legal Aid 2017 to competent state agencies.

Denunciations and settlement of denunciations shall comply with the law on denunciations.

3. Settlement of disputes in Vietnam

Article 46 of the Law on Legal Aid 2017 stipulates the settlement of disputes as follows:

- Disputes arising between legally-aided persons and legal aid assistants, legal counselors, legal aid collaborators, state legal aid centers or legal counseling organizations related to the provision of legal aid shall be settled in accordance with the civil law.

- Disputes arising between legally-aided persons and lawyers or law practicing organizations related to the provision of legal aid services shall be settled in accordance with the law on lawyers and other relevant laws.

Ngoc Nhi

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