Prohibited acts in legal aid services in Vietnam

 Prohibited acts in legal aid services in Vietnam
Nguyen Thi Diem My

Prohibited acts in legal aid services in Vietnam are specified in Law on Legal Aid 2017.

 Prohibited acts in legal aid services in Vietnam

 Prohibited acts in legal aid services in Vietnam (Internet image) 

1. 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 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)

2. Legally-aided persons in Vietnam

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.

3. Rights of legally-aided persons in Vietnam

- 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)

4. Obligations of legally-aided persons

- 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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