Do I have to pay for legal aid in Vietnam? Who are legally-aided persons in Vietnam? Where can I get legal aid in Vietnam?
Hello, I'm from a poor family, I'm stuck in a dispute and need legal aid assistance, I heard about legal aid through the introduction, but I didn't know when I went to ask for legal aid. Do I have to pay free? Where can I go to get legal aid? Please advise.
Before going into the understanding of whether to pay for legal aid, we need to understand what "legal aid" is?
Pursuant to Article 2 of the Law on Legal Aid 2017 provides for legal aid as follows:
Legal aid means the provisions of legal services free of charge to legally-aided persons in a legal aid-related case in accordance with this Law, contributing to the assurance of human rights and citizenship in the access to justice and equality before the law.
In addition, 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.
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.
It can be seen that legal aid here is a competent agency or organization to assist and resolve legal issues for those who are eligible for legal aid. The legal aid services are free, without charge. Thus, when you are eligible for legal aid, you will not have to pay any free for the work that you request for legal aid.
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.
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.
According to this Article, people who fall into one of the cases listed above will receive legal aid. According to the presentation, you in poor households are eligible for free legal aid in Vietnam.
Article 10 of the Law on Legal Aid 2017 stipulates legal aid-providing organizations as follows:
1. Legal aid-providing organizations include state legal aid centers and legal aid-participating organizations.
2. The Department of Justice shall announce a list of qualified local legal aid-providing organizations and post them on the website of the Department of Justice and send them to the Ministry of Justice for aggregating and posting on the website of the Ministry of Justice.
Thus, you can apply for legal aid at the state legal aid center and and legal aid-participating organization. The provincial Department of Justice has published a list of qualified local legal aid-providing organizations, you can see the list in the notice at the Department or search on the website of the Ministry of Justice in Vietnam.
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