Types of documentary evidence proving that the person is eligible for legal aid in Vietnam

Types of documentary evidence proving that the person is eligible for legal aid in Vietnam (Internet image)

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

1. Types of documentary evidence proving that the person is eligible for legal aid in Vietnam

Specifically, Article 33 of Circular 08/2017/TT-BTP (amended in Circular 03/2021/TT-BTP) stipulates the following types of documents to prove a person is eligible for legal aid:

(1) Documentary evidence of being a person with meritorious service to a revolution may be any of the following documents:

- The decision of the competent authority to recognize people with meritorious services to the revolution according to the provisions of the Ordinance on incentives for people with meritorious services to the revolution;

- Deciding to confer the titles of Heroic Mother of Vietnam, Hero of the People's Armed Forces, Hero of Labor during the Resistance War;

- The Resistance Medal, the Resistance Medal, the Vietnamese Heroic Mother's Degree, the Heroic Medal, the Meritorious Service to the Country;

- Decision on subsidies and allowances granted by the competent authority, who are determined to have rendered meritorious services to the revolution according to the provisions of the law on preferential treatment for people with meritorious services to the revolution;

- Decision or certificate of war invalids and policy beneficiaries such as wounded soldiers, sick soldiers, diseases caused by toxic chemicals, resistance activists infected with toxic chemicals;

- Medals of “For Merit to the Fatherland” awarded to revolution supporters, certificates of revolution participation awarded before January 01, 1945, certificates of revolution participation awarded from January 01, 1945 to the date of the 1945 August Revolution and Victory Medals

(2) Documentary evidence proving that the person belongs to the poor household is the certificate of the poor household.

(3) Documentary evidence proving that they are children include one of the following:

- Birth certificate, identity card, citizen identity card, passport;

- A document of the procedure-conducting agency identifying that the person requesting legal aid is a child;

- A document of a competent authority on the application of administrative handling measures or sanctioning of administrative violations identifying the person requesting legal aid as a child.

(4) Documentary evidence proving that ethnic minorities reside in areas with extremely difficult socio-economic conditions, including one of the following Documentary evidence:

- A legal document issued by a competent authority identifying the person named as an ethnic minority and his or her place of residence;

- A document of the procedure-conducting agency confirming that the person requesting legal aid is an ethnic minority and that person's place of residence.

(5) Documentary evidence proving that the accused person is from full 16 years old to under 18 years old are documents issued by the proceedings-conducting agency identifying the person requesting legal aid as the accused person from full 16 years old to under 18 years old. 

(6) Documentary evidence proving that the accused belongs to near-poverty households, including the following Documentary evidence:

- Certificate of near-poverty household;

- A document of the procedure-conducting agency identifying the person requesting legal aid as the accused person.

(7) Documentary evidence proving that the martyrs' biological fathers, natural mothers, spouses and children and people who have taken care of the martyrs when they were young have financial difficulties include the following Documentary evidence:

- Certificate of near-poverty household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- Decisions of competent agencies on preferential allowances and survivorship allowances for the martyrs' biological fathers, mothers, spouses, children and people who took care of them when the martyrs were young.
or Certificate of martyr's family, Certificate of fatherland attribution with the martyr's name, enclosed with Documentary evidence proving the kinship relationship with the martyr.

(8) Documentary evidence proving that the person infected with Agent Orange has financial difficulties include the following:

- Certificate of near-poverty household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- Decision on preferential allowances for children of resistance activists infected with toxic chemicals or Certificate of illness, deformity or deformity caused by toxic chemical poisoning.

(9) Documentary evidence proving that the elderly have financial difficulties include one of the following Documentary evidence:

- Decision on monthly social allowance; To decide to receive the subjects into care and nurture at social houses or social protection establishments;

- A near-poverty household certificate enclosed with a legal document issued by a competent authority identifying the person named in the paper as an elderly person.

(10) Documentary evidence proving that people with disabilities have financial difficulties include one of the following documents:

- Certificate of near-poverty household together with Certificate of disability issued by a competent authority;

- Decision on monthly social allowance; Decision on receiving the subjects into care and nurture at social houses or social protection establishments;

(11) Documentary evidence proving that a person from full 16 years old to under 18 years old is the victim in a criminal case having financial difficulties, including the following Documentary evidence:

- Certificate of near-poverty household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- A document of the procedure-conducting agency identifying the person requesting legal aid as the victim and from full 16 years old to under 18 years old.

(12) Documentary evidence proving that victims of domestic violence cases have financial difficulties, including one of the following documents:

- Decision on accepting domestic violence victims into social houses and social protection establishments;

- A certificate of a near-poverty household together with one of the following Documentary evidence: A certificate of the medical examination and treatment establishment about the examination and treatment of injuries caused by acts of domestic violence; Decision to prohibit domestic violence perpetrators from contacting domestic violence victims; Decision on handling administrative violations against people committing acts of domestic violence.

(13) Documentary evidence proving that the victim of human trafficking, in accordance with the Law on Prevention and Combating of Human Trafficking, has financial difficulties, including the following Documentary evidence:

- Certificate of near-poverty household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- Documentary evidence and documents certifying the victims as prescribed in Article 28 of the Law on Human Trafficking Prevention and Control.

(14) Documentary evidence proving that people living with HIV have financial difficulties include the following:

- Certificate of near-poverty household or decision on monthly social allowance or decision on admission of subjects to care and nurture at social houses or social protection establishments;

- A certificate of the competent authority confirming that the person is HIV positive.

(15) Other types of legal Documentary evidence issued by competent authorities to identify people eligible for legal aid in accordance with the legal aid law.

In the event that legal aid beneficiaries lose the above-mentioned Documentary evidence, they must be certified by the competent agency that issued them.

2. Rights of legally-aided persons in Vietnam

Pursuant to Article 8 of the Law on Legal Aid 2017, rights of legally-aided persons in Vietnam as follows:

- 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 the Law on Legal Aid 2017.

- Modify or withdraw legal aid requests.

- Be entitled to damages in accordance with law.

- Lodge complaints or denunciations about legal aid in accordance with the Law on Legal Aid 2017 and other relevant Law.

3. Obligations of legally-aided persons in Vietnam

According to Article 9 of the Law on Legal Aid 2017, the obligations of legally-aided persons are as follows:

- 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 2017 and rules of places of legal aid provision.

Ho Quoc Tuan

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