Can legally-aided persons choose legal aid-providing persons in Vietnam?

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Question date: 20/03/2023

Can legally-aided persons choose legal aid-providing persons in Vietnam? Can students with financial difficulties get legal aid in Vietnam? What are prohibited acts in legal aid services in Vietnam?

Hi, I have a problem that needs to be answered. I have a problem and need legal aid. In my ward, there is a legal aid organization B and a legal aid organization C. My neighbor H is a legal assistant working at legal organization C, please let me know if I can choose, can I choose H to give me legal aid?

Please advise. Thankyou.

    • Can legally-aided persons choose legal aid-providing persons in Vietnam?

      Article 8 of the Law on Legal Aid 2017 stipulates rights of legally-aided persons as follows:

      1. Have the right to receive legal aid services without paying fees, economic benefits or other benefits.

      2. Request legal aid by themselves or via their relatives, agencies, competent procedural authorities or other agencies, organizations and individuals.

      3. 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.

      4. Request confidentiality of contents of legal aid-related cases.

      5. 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.

      6. Modify or withdraw legal aid requests.

      7. Be entitled to damages in accordance with law.

      8. Lodge complaints or denunciations about legal aid in accordance with this Law and other relevant Law.

      Thus, according to the above provisions in Vietnam, legally-aided persons can select legal aid-providing organizations and local legal aid-providing persons from the published list.

      You can choose your neighbor's H to work at legal aid-providing organization C to provide legal aid for you if H's name is on the list published in the ward in Vietnam.

      Can students with financial difficulties get legal aid in Vietnam?

      According to Article 7 of the Law on Legal Aid 2017, legally-aided persons are as follows:

      1. People with meritorious services to the revolution.

      2. People in poor households.

      3. Children.

      4. Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions.

      5. Accused persons from 16 years old to under 18 years old.

      6. Accused persons in near-poor households.

      7. People in one of the following cases having financial difficulties:

      a) Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs;

      b) People infected with dioxin;

      c) Elderly people;

      d) Disabled people;

      dd) Victims in criminal prosecutions from 16 years old to under 18 years old;

      e) Victims in family domestic violence cases;

      g) Victims of human trafficking cases as specified in the Law on human trafficking prevention and combat;

      h) HIV-positive people.

      The Government shall stipulate in detail the financial difficulties of legally-aided persons in this clause in accordance with the socio-economic conditions.

      Therefore, if students fall into one of the following cases: children of patriotic martyrs, infected with dioxin, disabled, victims in family domestic violence cases, victims of human trafficking cases and HIV-positive people when they have financial difficulties, they will get legal aid in Vietnam.

      What are prohibited acts in legal aid services in Vietnam?

      Pursuant to Article 6 of the Law on Legal Aid 2017 stipulates prohibited acts in legal aid services as follows:

      1. Legal aid-providing organizations and individuals may not commit the following acts:

      a) Infringe upon the dignity, honor or legitimate rights and interests of legally-aided persons; discriminate against legally-aided persons;

      b) Receive or demand any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons;

      c) 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.

      d) Refuse or discontinue the provision of legal aid services, except for cases specified in this Law and regulations on procedures;

      dd) 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;

      e) 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.

      2. Legally-aided persons, agencies, organizations and individuals engaged in legal aid services may not commit the following acts:

      a) Violate health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services;

      b) Deliberately provide false information and documents on legal aid-related cases;

      c) Threaten, obstruct or illegally interfere in legal aid services; disturb, cause troubles and seriously violate regulations at legal aid-providing places.

      The above are prohibited acts in legal aid services as prescribed by law in Vietnam.

      Best Regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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