Grounds for calculating the working time to provide legal aid for cases participating in criminal procedures in Vietnam

Grounds for calculating the working time to provide legal aid for cases participating in criminal procedures in Vietnam (Internet image)

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

1. Grounds for calculating the working time to provide legal aid for cases participating in criminal procedures in Vietnam

According to Clause 1, Article 4 of Circular 02/2021/TT-BTP, the grounds for calculating the working time to provide legal aid for cases participating in criminal procedures include:

(i) Participating in interrogation of the accused or taking testimonies of the accused, victims, witnesses and involved parties in criminal cases;

(ii) Participating in confrontation, recognition, voice recognition, crime scene examination, autopsies, examination of traces on the body, experimental investigation and performing other proceedings as upon request of the presiding agencies;

(iii) Working with presiding officers, presiding agencies;

(iv) Verifying, taking, and evaluating relevant documents, objects and evidence according to proceeding stages;

(v) Working with the accused at the custody room of the border guard station, the remand center, detention center or the prison;

(vi) Meeting with the accused on bail or relatives of the accused; the victim or kindred of the victim; witnesses, involved parties in criminal cases and other participants in legal proceedings;

(vii) Studying case files, copying, and preparing documents at the presiding agencies or at the Center, Branch, or organization signing contract to provide legal aid;

(viii) Preparing arguments for defense and contest;

(ix) Participating in court hearings. In case a legal aid-providing person appears in court but the court session is adjourned not due to the request of the legal aid-providing person and without prior notice, the working time of the legal aid-providing person begins from the time when he/she has worked with presiding agencies and presiding persons on related matters the time when the court session is adjourned;

(x) Performing work related to procedures for appealing the first-instance judgments, appellate judgments, cassation procedures or reopening procedures;

(xi) Performing other reasonable tasks as prescribed by law in service of defense and contest.

2. Certification methods of working time of the legal aid-providing person in Vietnam

The working time of the legal aid-providing person must be certified by agencies, organizations, or individuals as follows:

- The time for performing the activities specified at (i) in Section 1 shall be certified by the presiding person or the presiding agency;

- The time for performing the activities specified at (ii) and (iii) in Section 1 shall be certified by the presiding person or the presiding agency or by the person working directly with the legal aid-providing person;

- The time for performing the activities specified at (iv) in Section 1 shall be certified by the agency or organization or individual with which the legal aid-providing person directly works;

- The time for performing the activities specified at (v) in Section 1 shall be certified by the accused or by the presiding agency or by an officer of the border guard station; remand center; detention center; or prison;

- The time for performing the activities specified at (vi) in Section 1 shall be certified by the person working directly with the legal aid-providing person;

- The time for performing the activities specified at (vii) in Section 1shall be certified by the presiding person or the Center, Branch or organization signing the contract to provide the legal aid;

- The time for performing the activities specified at (viii), (ix), (x) in Section 1 shall be certified by the Center or Branch or the organization signing the contract to provide the legal aid;

- The time for performing the activities specified at (xi) in Section 1 shall be certified by the judge or the court reporter.

(Clause 3, Article 4 of Circular 02/2021/TT-BTP)

3. Prohibited acts in legal aid services in Vietnam

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

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

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

+ 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.

+ Refuse or discontinue the provision of legal aid services, except for cases specified in of the Law on Legal Aid 2017 and regulations on procedures;

+ 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;

+ 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.

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

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

+ Deliberately provide false information and documents on legal aid-related cases;

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

(Article 6 of the Law on Legal Aid 2017)

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