04 cases that need legal aid right away in Vietnam 2023

04 cases that need legal aid right away in Vietnam 2023 (Internet image)

Regarding this issue, LawNet responded as follows:

1. Who is eligible for legal aid in Vietnam?

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. 04 cases that need legal aid right away in Vietnam

cases that need legal aid right away in Vietnam under Clause 4, Article 30 of the Law on Legal Aid 2017 include:

(1) The statute of limitations for initiating a lawsuit is less than 05 working days;

(2) The trial date, according to the decision to bring the case to trial, is less than 05 working days;

(3) Cases of appointing defense counsel under the provisions of the Criminal Procedure Code 2015 (amended 2021) and the cases prescribed in Clause 3, Article 31 of the Law on Legal Aid 2017 in which the prosecution agency proceedings to notify the Center;

(4) Cases to avoid causing damage to the legal rights and interests of legal aid recipients shall be decided by the head of the legal aid-providing organization.

(Clause 1, Article 6 of Circular 12/2018/TT-BTP)

3. Regulations on legally-aided cases in Vietnam

S pecifically, in Clauses 2, 3, 4, Article 11 of Circular 12/2018/TT-BTP, legally-aided cases are prescribed as follows:

(1) For the case file to participate in the proceedings, including:

- Papers and documents specified in Clause 1, Article 29 of the Law on Legal Aid 2017;

- Decision on appointing a person to provide legal aid; decision to change legal aid providers (if any);

- A defense or defense copy of the legal aid recipient's signature, clearly stating the full name of the legal aid provider;

- The original or a copy of the investigation conclusion, indictment, judgment, or decision; other procedural documents related to the legal aid case issued by the procedure-conducting agency;

- A written notice of not continuing to perform the legal aid case (if any);

- Other papers and documents showing the process of performing the legal aid case;

- The opinion form of legal aid beneficiaries or their relatives.

(2) For the case file, legal advice includes:

- Documents specified at Points a, d, and e, Clause 2, Article 11 of Circular 12/2018/TT-BTP;

- Legal advice document signed, clearly stating the full name of the legal aid provider.

(3) For the case file of an out-of-court representation case, it includes:

- The papers specified at Points a, b, dd, e, and g, Clause 2, Article 11 of Circular 12/2018/TT-BTP;

- A document on the settlement of the case by a competent agency or a document showing the results of the representation outside the proceedings;

- A report on the work done and the results achieved in the scope of representation outside the proceedings, signed, clearly stating the full name of the legal aid provider.

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