Summary of criteria for defining complex and typical legal aid cases in Vietnam

Summary of criteria for defining complex and typical legal aid cases in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is legal aid?

According to Article 2 of the Law on Legal Aid 2017, legal aid means the provisions of legal services free of charge to legally-aided persons in a legal aid-related case in accordance with the Law on Legal Aid 2017, contributing to the assurance of human rights and citizenship in the access to justice and equality before the law.

2. Summary of criteria for defining complex and typical legal aid cases in Vietnam

2.1. General criteria for legal proceedings in Vietnam

Specifically, in Article 3 of Circular 09/2018/TT-BTP, the general criteria for legal proceedings in Vietnam are as follows:

- Legal aid is provided in legal cases which have aroused public concern and have been reported by central and local news agencies.

- A case where the point of view given by the legal aid-providing person differs from one of presiding agencies and is accepted toward in favor of the legally-aided person at judgments and decisions.

- Legal aid is provided in a case where there are many materials and items of evidence in conflict or evaluation of items of evidence and application of laws by presiding agencies triggers off different opinions, or a case in conjunction with multiple areas of law.

- Legal aid is provided in a case where an appeal is filed for further actions under appellate trial or re-trial.

- Legal aid is provided in a case which relates to multiple provinces.

- Legal aid is provided in a case where one of involved parties resides, studies or works abroad

2.2. Specific criteria for each case participating in the proceedings in Vietnam

(1) General criteria for criminal proceedings

According to Article 4 of Circular 09/2018/TT- BTP, a criminal case in which legal aid is provided shall be considered complex and typical when it meets one of the following criteria:

- Meet one of criteria prescribed in Section 2.1

- Legal aid is provided for suspects or defendants prosecuted with multiple counts in a case.

- Legal aid is provided in a case which is under jurisdiction of the inferior presiding agency but the superior presiding agency takes over for handling or legal aid is provided in a case in which the period for trial preparation must be extended.

- Legal aid is provided in a case in which dossiers are returned for re-investigation or further investigation.

- Legal aid is provided in a case that the People’s Procuracy requests penalty of imprisonment for at least 2 years, except for cases tried under reduced procedures.

- Legal aid is provided in a case where an advocate is appointed.

(2) Criteria for civil proceedings

According to Article 5 of Circular 09/2018/TT- BTP, a civil case in which legal aid is provided, except for civil matters and cases tried under reduced procedures, shall be considered complex and typical when it meet one of the following criteria:

- Meet one of criteria prescribed in Section 2.1.

- Legal aid is provided in a case where regulations and laws on matters to be settled in the case are unclear, without guidance on consistent application or without legislative documents that directly govern them.

- Legal aid is provided in a case which is under jurisdiction of the inferior People’s Court but the superior People’s Court take over for handling or legal aid is provided in a case in which the period for trial preparation must be extended.

(3) Criteria for administrative proceedings

Specifically, in Article 6 of Circular 09/2018/TT- BTP, a civil case in which legal aid is provided, except for administrative matters and cases tried under reduced procedures, shall be considered complex and typical when it meet one of the following criteria:

- Meet one of criteria prescribed in Section 2.1.

- Legal aid is provided in a case arising in new area that there is no legislative document that directly governs it.

- Legal aid is provided in a case that related to rights and interests of multiple people.

- Legal aid is provided in prolonged claims/denunciations in terms of land management, land clearing and compensation or other areas of law at local

(4) Criteria for extrajudicial representation or legal counseling

A extrajudicial representation or legal counseling in which legal aid is provided shall be considered complex and typical when it meet one of the following criteria:

- Legal aid is provided in a case with prolonged claim that has aroused wide public concern and has been reported by many central and local news agencies or in a case that the legal aid-providing organization requests agencies matters related to the case.

- Legal aid is provided in a case that has been settled many times or settled by many competent authorities.

(Article 8 of Circular 09/2018/TT-BTP)

Tran Thanh Rin

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