Latest regulations on legal aid-providing contract in Vietnam

Latest regulations on legal aid-providing contract in Vietnam (Internet image) 

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

1. Latest regulations on legal aid-providing contract in Vietnam

Regulations on legal aid-providing contract in Vietnam according to Article 14 of the Law on Legal Aid 2017 are as follows:

- Legal aid-providing contract shall be signed between the Department of Justice and law-practicing organizations, legal counseling organizations, and between state legal aid center with legal aid supporting lawyers or collaborators regarding the delivery of legal aid services in accordance with the civil law.

- Based on legal aid needs and actual conditions at the province, the Department of Justice shall select and sign legal aid-providing contracts with an organization that wishes to sign and meet the following requirements:

+ The registered line of business shall correspond to the field of legal aid as specified herein;

+ Act as law-practicing organization, legal counseling organization that has at least 01 legal counselor with at least 02 years of experience in consultancy or 01 full-time lawyer working at such organization;

+ The facility shall be suitable for legal aid services;

+ The organization has not been incurring an administrative penalty for violations against regulations on law practicing and legal counseling.

- Based on legal aid needs and resources to provide legal aid at the province, the provincial state legal aid center shall select and sign a legal aid-providing contract with a lawyer that meets the following requirements:

+ He/she has not been incurring an administrative penalty for violations against regulations on law practicing;

+ He/she has not been banned or restricted from carrying out professional activities under a decision of the competent authority;

+ He/she has not been facing a prosecution for criminal liability;

+ He/she receives a written approval from the law-practicing organization where he/she is working or the agency, organization that signs the labor contract with such lawyer.

- The provincial state legal aid centers shall select and sign legal aid-providing contracts with legal aid supporting collaborators as prescribed in Article 24 of the Law on Legal Aid 2017.

- Organizations and individuals committed prohibited acts defined in Clause 1 Article 6 of the Law on Legal Aid 2017 shall not select and sign legal aid-providing contracts within at least 02 years since the conclusion of the violation is issued.

2. Rights and obligations of legal aid-providing organizations in Vietnam

Rights and obligations of legal aid-providing organizations in Vietnam according to Article 13 of the Law on Legal Aid 2017 are as follows:

* Legal aid-providing organizations shall have the following rights and obligations:

+ Provide legal aid services;

+ Request concerned agencies and organizations to coordinate and supply information and documents on legal aid-related cases;

+ Pay compensations for damage caused by a member of such organization's faults during the process of providing legal aid services;

+ Make reports, release statistics and communication on legal aid;

+ Settle complaints according to the provisions of Clause 2, Article 45 of this Law.

+ Make recommendations to competent authorities on matters related to the settlement of legal aid-related cases.

- State legal aid centers shall have the following rights and obligations:

+ Rights and obligations according to the provisions of Clause 1 of Article 13 of the Law on Legal Aid 2017;

+ Perform other tasks on legal aid requested or authorized by competent authorities.

- Organizations signing contracts to provide legal aid services shall have the following rights and obligations:

+ Rights and obligations according to the provisions of Clause 1of Article 13 of the Law on Legal Aid 2017;

+ Receive remunerations and costs for participating in legal aid-related cases in accordance with regulations of the Government;

+ Other rights and obligations in accordance with the contract on legal aid.

- Organizations registering for participation in legal aid services shall have the following rights and obligations:

+ Rights and obligations according to the provisions of Clause 1 of Article 13 of the Law on Legal Aid 2017;

+ Provide legal aid services in accordance with registered contents.

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