Cases of discontinuance or refusal to provide legal aid services in Vietnam

Cases of discontinuance or refusal to provide legal aid services in Vietnam (Internet image)

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

1. Cases of discontinuance or refusal to provide legal aid services in Vietnam

Cases of discontinuance or refusal to provide legal aid services in Vietnam according to Article 25 of the Law on Legal Aid 2017 are as follows:

- Legal aid-providing persons shall not continue to provide legal aid services in the following cases:

+ Commit prohibited acts defined in Clause 1 Article 6 of the Law on Legal Aid 2017, except for cases where they have completely served their penalties and have the right to provide legal aid services under the provisions of the Law on Legal Aid 2017;

+ Be revoked legal aid assistant's card, legal aid collaborator’s card, law practicing certificate or legal counselor card;

+ Cases of inability to participate in proceedings as prescribed by law on proceedings.

- Legal aid-providing person must refuse to provide legal aid services in the following cases:

+ Provided or is providing legal aid service to a legally-aided person that is a party with conflicting interests in the same case, unless otherwise agreed in legal consultancy, extrajudicial representation in civil matters by parties;

+ There are evidences to believe that he/she is possibly biased during the process of providing legal aid services;

+ There are reasons that show the legal aid service cannot be provided effectively, affecting the lawful rights and interests of legally-aided persons.

- The legal aid-providing organization shall notify the reason in writing to the legally-aided person and appoint another person to provide legal aid in cases specified in Clause 1 and 2 of Article 25 of the Law on Legal Aid 2017.

2. Who are legally-aided persons? 

According to Article 7 of the Law on Legal Aid 2017, legally-aided persons are specified as follows:

- 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.

3. Rights of legally-aided persons in Vietnam

Rights of legally-aided persons according to Article 8 of the Law on Legal Aid 2017 are as follows:

- Have the right to receive legal aid services without paying fees, economic benefits or other benefits.

- Request legal aid by themselves or via their relatives, agencies, competent procedural authorities or other agencies, organizations and individuals.

- Be informed about the right to receive legal aid services, order and procedures of legal aid when going to a legal aid-providing organization and concerned regulatory agencies.

- Request confidentiality of contents of legal aid-related cases.

- Select one local legal aid-providing organization and person on the list published; request for change of legal aid-providing person when he/she falls into one of the cases specified in Clause 1 and 2, Article 25 of the Law on Legal Aid 2017.

- Modify or withdraw legal aid requests.

- Be entitled to damages in accordance with law.

- Lodge complaints or denunciations about legal aid in accordance with the Law on Legal Aid 2017 and other relevant Law.

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