Regulations on record of legal aid case under Vietnamese law

Regulations on record of legal aid case under Vietnamese law (Internet image)

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

1. What is legal aid?

According to Clause 2, Article 2 of the Law on Legal Aid 2017, legal aid means the provisions of legal services free of charge to legally-aided persons in a legal aid-related case in accordance with the Law on Legal Aid 2017, contributing to the assurance of human rights and citizenship in the access to justice and equality before the law.

2. Regulations on record of legal aid case under Vietnamese law

Depending on each legal aid case, the required documents will be different, specifically as follows:

* For the records of cases participating in the proceedings includes:

- Papers and documents specified in Clause 1, Article 29 of the Law on Legal Aid 2017;

+ A request for legal aid;

+ Papers proving that they are legal aid beneficiaries;

+ Papers and documents related to the legal aid case.

- Decide to appoint a person to provide legal aid; decide to change legal aid providers (if any);

- A defense or defense copy of the legal aid recipient's signature, clearly stating the full name of the legal aid provider;

- The original or a copy of the investigation conclusion, indictment, judgment, or decision; other procedural documents related to the legal aid case issued by the procedure-conducting agency;

- A written notice of not continuing to perform the legal aid case (if any);

- Other papers and documents showing the process of performing the legal aid case;

- The opinion form of legal aid beneficiaries or their relatives.

* Records of legal aid cases include:

- Documents specified at Points a, dd and e, Clause 2, Article 11 of Circular 12/2018/TT-BTP;

- Legal advice document signed, clearly stating the full name of the legal aid provider.

* Case records of an out-of-court representation case, including:

- The papers specified at Points a, b, dd, e and g, Clause 2, Article 11 of Circular 12/2018/TT-BTP;

- A document on the settlement of the case by a competent agency or a document showing the results of the representation outside the proceedings;

- A report on the work done and the results achieved in the scope of representation outside the proceedings, signed, clearly stating the full name of the legal aid provider.

(Clause 2, 3, 4, Article 11 of Circular 12/2018/TT-BTP)

3. Prohibited acts in legal aid services in Vietnam

Specifically, in Article 6 of the Law on Legal Aid 2017, individuals and organizations are strictly prohibited from performing the following acts in legal aid activities:

- 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.

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