Regimes and benefits for legal aid assistants under Vietnamese law

Regimes and benefits for legal aid assistants under Vietnamese law (Internet image)

Regarding this issue, LawNet responded as follows:

1. Conditions for legal aid assistants in Vietnam

According to Article 19 of the Law on Legal Aid 2017, Vietnamese citizens who are public employees of legal aid centers and fully satisfy the following conditions may become legal aid assistants:

- Good moral quality;

- Possess a bachelor or higher degree in law;

- Have been trained in legal profession or is not required to participate in training course of legal profession; have gone through the probation of legal profession or legal aid;

- Being physically fit to provide legal aid;

- Is not within the time of receiving disciplinary actions.

2. Regimes and benefits for legal aid assistants under Vietnamese law

Specifically, in Article 11 of Decree 144/2017/ND-CP, legal aid assistants are entitled to the following regimes and benefits:

- Legal aid assistants have the professional titles of public employees as prescribed by law.

- Legal aid assistants are entitled to a responsibility allowance according to their profession equal to 25% of their current salary plus allowances for leadership positions and allowances beyond the bracket (if any).

- Legal aid assistants are provided with their own clothes according to the following standards and terms:

+ Vest clothes: issued 02 years/01 time, the first time is granted 02 sets, each time 01 set;

+ Long-sleeve shirt: issued every year, the first time is granted 02 pieces, each time 01 piece;

+ Spring-summer clothes: issued annually, 02 sets are given for the first time, 01 set each time;

+ Leather shoes: 01 pair / 01 year;

+ Back strap sandals: 01 pair / 01 year;

+ Belt: 01 piece/02 years;

+ Necktie: 01 piece/02 years;

+ Socks: 02 pairs / 01 times / 01 year;

+ Briefcase for documents: 01 piece/02 years;

+ Signboard: 01 piece (issued 01 time).

Costume samples, the management, allocation and use of costumes comply with the guidance of the Ministry of Justice.

3. Rights and obligations of legal aid-providing persons in Vietnam

According to Clause 2, Article 18 of the Law on Legal Aid 2017, legal aid assistants shall have the following rights and obligations:

- Rights and obligations according to the provisions of Clause 1, Article 18 of the Law on Legal Aid 2017;

+ Provide legal aid;

+ Be guaranteed to provide independent legal aid, not jeopardized, hindered, harassed or unlawful intervened;

+ Refuse or discontinue the provision of legal aid services in cases specified in Clause 1, 2 Article 25, Clause 1 Article 37 hereof and regulations on procedures;

+ Be trained in legal aid knowledge and skills;

+ Ensure the quality of legal aid services;

+ Comply with regulations on the provisions of legal aid services;

+ Promptly comply with the Law on Legal aid and rules of places of legal aid provision;

+ Compensate or reimburse the amount of money already paid by the legal aid-providing organization to the damage sufferer due to his/her fault upon the provision of legal aid services in accordance with law.

- Participate in training courses to enhance knowledge and skills required in professional legal aid;

- Perform other tasks as assigned;

- Have the benefits as prescribed.

4. Legal aid policies in Vietnam

According to Article 4 of the Law on Legal Aid 2017, the legal aid policies include:

- It is the State's responsibility to provide legal aid.

- The State shall have policy on assuring the rights to receive legal aid suitable for the economic-social conditions.

- The State shall have policy on enhancement of the legal aid quality and attracting resources to deliver legal aid services.

- The State shall support, encourage, record and honor agencies, organizations and individuals involved in legal aid services.

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