Who are the legal aid workers in Vietnam?

In some trials in Vietnam, legal aid workers participate in the defense of persons accused of crimes and the protection of plaintiffs and civil defendants. So who are the legal aid workers, what is the standard required to become legal aid workers?

Who are the legal aid workers in Vietnam? (Illustration)

1.  Who are the legal aid workers in Vietnam?

The legal aid officer is the person who performs the legal aid.

To be specific: Legal aid means the provision of free legal services to legal aid recipients in Vietnam in legal  aid cases in accordance with the Law on Legal Aid, contributing to ensuring human rights and citizens' rights in access to justice and equality before the law.

2. Standards of legal aid workers in Vietnam

Vietnamese citizens who are officials of the State Legal Aid Center who meet the following criteria may become legal aid workers:

- Has good ethical qualities

- Having a bachelor's degree or higher in law;

- Having received training in the profession of lawyer or being exempted from training in the profession of lawyer; having passed the period of practicing law practice or legal aid practice in Vietnam;

- Being in good health and ensuring the provision of legal aid;

- Not in time of disciplinary action.

3. Procedures for appointment and issuance of legal aid cards in Vietnam

3.1. Dossiers of request for appointment and issuance of legal aid cards in Vietnam

The application for the appointment of a legal aid officer shall include:

- Document of the Director of the Department of Justice requesting the appointment of legal aid workers;

- The cited CV of the person proposed to appoint legal aid workers in Vietnam;

- 02 color portraits measuring 2 cm x 3 cm;

- Certified copy of the Law degree, Master's Degree in Law or Doctorate Degree in Law;

- A certified copy of the certificate of examination of law practice results or the certificate of examination of legal aid training results; in case of exemption from legal aid training, a certified copy of a document proving that the person is exempt from legal aid training in Vietnam;

- Certificate of health

3.2. Order of appointment and issuance of legal aid cards in Vietnam

Step 1: The Director of the State Legal Aid Center shall make a list of persons working at the Center who are qualified to send the Department of Justice a request for appointment and granting of a legal aid membership card.

Step 2: Within 5 working days after receiving the list of persons proposed for appointment of legal aid workers in Vietnam, the Director of the Department of Justice shall make a dossier and submit it to the Chairman of the provincial-level People's Committee.

Step 3: Within 15 days after receiving the dossier, the chairperson of the provincial-level People's Committee shall consider and decide on the appointment and grant of a legal aid worker card;

In case of refusal, it must be notified in writing and clearly state the reason.

4. In case of dismissal or revocation of a legal aid worker in Vietnam

Legal aid workers are relieved of their duties and their legal aid card is revoked when they fall into one of the following cases:

- No longer qualified as a legal aid worker in Vietnam;

- Be disciplined in the form of dismissal;

- Transfer to another job or resignation according to the wishes;

- Failing to perform the case to participate in the procedure for a period of 02 consecutive years, except for objective reasons;

- Being disciplined by warning for the second time or more or dismissed due to the implementation of the acts specified at Points a, b, dd or e, Clause 1, Article 6 of the Law on Legal Aid 2017;

- Being banned from practicing  in Vietnam for a certain period of time under the decision of the competent authority.

(Articles 2, 17, 19, 20, paragraph 1 of Article 21 of the Law on Legal Aid 2017)

Diem My

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