Prohibited acts in legal aid services in Vietnam are specified in Law on Legal Aid 2017.
Prohibited acts in legal aid services in Vietnam (Internet image)
- 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 this Law 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)
Legally-aided persons are defined in Article 7 of the Law on legal aid 2017, including:
- 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.
- 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 this Law.
- Modify or withdraw legal aid requests.
- Be entitled to damages in accordance with law.
- Lodge complaints or denunciations about legal aid in accordance with this Law and other relevant Law.
(Article 8 of the Law on legal aid 2017)
- Supply papers proving their eligibility for legal aid.
- Cooperate, provide sufficient, timely information, documents and evidences in respect of legal aid-related cases and be responsible for the accuracy of these information, documents and evidences.
- Respect legal aid-providing organizations, legal aid-providing persons and other agencies, organizations and individuals involved in legal aid-related cases.
- Do not request another legal aid-providing organization to provide legal aid for the case for which another legal aid-providing organization is providing legal aid.
- Comply with the Law on Legal aid and rules of places of legal aid provision.
(Article 9 of the Law on legal aid 2017)
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