Luật 11/2017/QH14

Law No. 11/2017/QH14 dated June 20, 2017 on legal aid

Nội dung toàn văn Law 11/2017/QH14 on legal aid


THE NATIONAL ASSEMBLY
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

No: 11/2017/QH14

Hanoi, June 20, 2017

 

LAW

ON LEGAL AID

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Legal Aid.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for legally-aided persons; legal aid-providing organizations; legal aid-providing persons; legal aid services and responsibilities of agencies, organizations and individuals in legal aid services.

Article 2. Legal aid

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.

Article 3. Principles of legal aid services

1. Compliance with law and professional regulations on legal aid.

2. Timeliness, independence, honesty and respect for objective truth.

3. Best protection of legitimate rights and interests of legally-aided persons.

4. Non-collection of fees, economic benefits or other benefits from legally-aided persons.

Article 4. Legal aid policies

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

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

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

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

Article 5. Financial sources used for legal aid

1. Financial sources for the legal aid services include state budget; contributions and donations of foreign and domestic organizations, individuals and other lawful capital sources.

2. The funding from the state budget is allocated in the annual state budget of the legal aid authority in accordance with the Law on budget.

Local governments that have not balanced the budget shall prioritize the allocation of budget capital from the annual additional funding to support the settlement of typical or complex legal aid-related cases.

3. Funding for legal aid services of voluntary organizations shall be guaranteed by such organizations.

Article 6. Prohibited acts in legal aid services

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.

Chapter II

LEGALLY-AIDED PERSONS, RIGHTS AND OBLIGATIONS OF LEGALLY-AIDED PERSONS

Article 7. Legally-aided persons

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.

Article 8. Rights of legally-aided persons

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.

Article 9. Obligations of legally-aided persons

1. Supply papers proving their eligibility for legal aid.

2. 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.

3. Respect legal aid-providing organizations, legal aid-providing persons and other agencies, organizations and individuals involved in legal aid-related cases.

4. 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.

5. Comply with the Law on Legal aid and rules of places of legal aid provision.

Chapter III

LEGAL AID-PROVIDING ORGANIZATIONS, RIGHTS AND OBLIGATIONS OF LEGAL AID-PROVIDING ORGANIZATIONS

Article 10. Legal aid-providing organizations

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.

Article 11. State legal aid centers

1. State legal aid centers are non-business units affiliated to the Department of Justice established by provincial People’s Committees, have legal status, their own seals, head offices and accounts.

2. State legal aid centers may have branches.

Branch is an affiliate of a state legal aid center which is established in a district in a severely disadvantaged area with inadequate transportation to the state legal aid center and without law-practicing organizations or legal counseling organizations participating in legal aid services. The State legal aid center shall be responsible for all activities of the branches. Depending on needs and actual conditions of the province, Chairperson of the People’s Committee shall provide decisions on establishing branches of the state legal aid center.

3. The Government shall provide specific regulations on the organization and operation of state legal aid centers and their branches.

Article 12. Legal aid-participating organizations

1. Legal aid-participating organizations include organizations signing contracts to provide legal aid services and organizations registering for participation in legal aid services.

2. Organizations signing contracts to provide legal aid services include law-practicing organizations and legal counseling organizations signing contracts with the Department of Justice to provide legal aid services in accordance with this Law.

3. Organizations registering for participation in legal aid services include law-practicing organizations and legal counseling organizations registering for participation in legal aid services according to this Law.

Article 13. Rights and obligations of legal aid-providing organizations

1. Legal aid-providing organizations shall have the following rights and obligations:

a) Provide legal aid services;

b) Request concerned agencies and organizations to coordinate and supply information and documents on legal aid-related cases;

c) Pay compensations for damage caused by a member of such organization's faults during the process of providing legal aid services;

d) Make reports, release statistics and communication on legal aid;

dd) Settle complaints according to the provisions of Clause 2, Article 45 of this Law.

e) Make recommendations to competent authorities on matters related to the settlement of legal aid-related cases.

2. State legal aid centers shall have the following rights and obligations:

a) Rights and obligations according to the provisions of Clause 1, this Article;

b) Perform other tasks on legal aid requested or authorized by competent authorities.

3. Organizations signing contracts to provide legal aid services shall have the following rights and obligations:

a) Rights and obligations according to the provisions of Clause 1, this Article;

b) Receive remunerations and costs for participating in legal aid-related cases in accordance with regulations of the Government;

c) Other rights and obligations in accordance with the contract on legal aid.

4. Organizations registering for participation in legal aid services shall have the following rights and obligations:

a) Rights and obligations according to the provisions of Clause 1, this Article;

b) Provide legal aid services in accordance with registered contents.

Article 14. Legal aid-providing contract

1. Legal aid-providing contract shall be signed between the Department of Justice and law-practicing organizations, legal counseling organizations, and between state legal aid center with legal aid supporting lawyers or collaborators regarding the delivery of legal aid services in accordance with the civil law.

2. Based on legal aid needs and actual conditions at the province, the Department of Justice shall select and sign legal aid-providing contracts with an organization that wishes to sign and meet the following requirements:

a) The registered line of business shall correspond to the field of legal aid as specified herein;

b) Act as law-practicing organization, legal counseling organization that has at least 01 legal counselor with at least 02 years of experience in consultancy or 01 full-time lawyer working at such organization;

c) The facility shall be suitable for legal aid services;

d) The organization has not been incurring an administrative penalty for violations against regulations on law practicing and legal counseling.

3. Based on legal aid needs and resources to provide legal aid at the province, the provincial state legal aid center shall select and sign a legal aid-providing contract with a lawyer that meets the following requirements:

a) He/she has not been incurring an administrative penalty for violations against regulations on law practicing;

b) He/she has not been banned or restricted from carrying out professional activities under a decision of the competent authority;

c) He/she has not been facing a prosecution for criminal liability;

d) He/she receives a written approval from the law-practicing organization where he/she is working or the agency, organization that signs the labor contract with such lawyer.

4. The provincial state legal aid centers shall select and sign legal aid-providing contracts with legal aid supporting collaborators as prescribed in Article 24 hereof.

5. Organizations and individuals committed prohibited acts defined in Clause 1 Article 6 hereof shall not select and sign legal aid-providing contracts within at least 02 years since the conclusion of the violation is issued.

6. The Minister of Justice shall detail this Article.

Article 15. Registration for participation in legal aid services

1. Law-practicing organizations and legal counseling organizations which volunteer to provide legal aid with their own resources may register for participation in the provision of legal aid services as follows:

a) Law-practicing organizations shall satisfied all conditions prescribed in Point a, c and d Clause 2 Article 14 hereof;

b) Legal counseling organizations shall satisfied all conditions prescribed in Point a, c and d Clause 2 Article 14 hereof and have at least 01 legal counselor with 02 years of experience in consultancy or 01 full-time lawyer working at such organization

2. Law-practicing organizations and legal counseling organizations shall register their scope, form, field and legally-aided persons with provincial Department of Justice that has granted their licenses for operation registration.

3. The Minister of Justice shall stipulate procedures for the registration for participation in the provision of legal aid services

Article 16. Termination of provision of legal aid services by Legal aid-participating organizations

1. Organizations signing contracts to provide legal aid services shall terminate their provisions of legal aid services in the following cases:

a) Have no longer satisfied one of the conditions for signing contracts to provide legal aid services as prescribed in Clause 2 Article 14 hereof;

b) Termination under the contract of the provision of legal aid services;

c) Cause serious consequences when providing legal aid services;

d) Have their operation terminated in accordance with law.

2. An organization registering for participation in the provision of legal aid services shall terminate its delivery of legal aid services in the following cases:

a) Has no longer satisfied one of the conditions for registering for participation in the provision of legal aid services as prescribed in Clause 1 Article 15 hereof;

b) It terminates its participation in legal aid services itself after sending a written notice to the provincial Department of Justice that has granted its license for operation registration;

c) It has not provided legal aid services for 02 consecutive years except for cases due to objective reasons;

d) It has caused serious consequences when providing legal aid services;

dd) It has its operation terminated in accordance with law.

3. When terminating delivery of legal aid services, the legal aid-participating organization shall send a written notice to the Department of Justice and transfer dossiers of legal aid-related cases it has not finished to the state legal aid center assigned by the Department of Justice for continuation of handling.

Chapter IV

LEGAL AID-PROVIDING PERSONS, RIGHTS AND OBLIGATIONS OF LEGAL AID-PROVIDING PERSONS

Article 17. Legal aid-providing persons

1. Legal aid-providing persons include:

a) Legal aid assistants;

b) Lawyers providing legal aid services under contract with State legal aid center; lawyers providing legal aid services assigned by legal aid-participating organizations;

c) Legal counselors with at least 02 years of experiences in legal counseling service and working in legal aid-participating organizations;

d) Legal aid collaborators.

2. The Department of Justice shall announce a list of local legal aid-providing persons 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.

Article 18. Rights and obligations of legal aid-providing persons

1. Legal aid-providing persons shall have the following rights and obligations:

a) Provide legal aid;

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

c) 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;

d) Be trained in legal aid knowledge and skills;

dd) Ensure the quality of legal aid services;

e) Comply with regulations on the provisions of legal aid services;

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

h) 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.

2. Legal aid assistants shall have the following rights and obligations:

a) Rights and obligations according to the provisions of Clause 1, this Article;

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

c) Perform other tasks as assigned;

d) Have the benefits as prescribed.

3. Lawyers and legal aid collaborators who enter into contracts with state legal aid centers for providing legal aid shall be entitled to remuneration and expenses for the provision of legal aid according to regulations.

4. The Government shall detail Point d Clause 2 and 3 this Article.

Article 19. Conditions for legal aid assistants

Vietnamese citizens who are public employees of legal aid centers and fully satisfy the following conditions may become legal aid assistants:

1. Good moral quality;

2. Possess a bachelor or higher degree in law;

3. 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;

4. Being physically fit to provide legal aid;

5. Is not within the time of receiving disciplinary actions.

Article 20. Legal aid trainee

1. Public employees of the state legal aid center possessing certificates of lawyer profession training or exempting from law practice training according to the Law on Lawyers may register for legal aid training at state legal aid center.

The legal aid training probation duration is 12 months. The state legal aid center shall assign legal aid assistants to guide legal aid trainee and admit the legal aid training probation. Instructing legal aid assistants shall have at least 03 years of experience in assisting legal aid. At a time, a legal aid assistant shall not instruct more than 02 trainees.  

2. The legal aid trainee may assist the legal aid assistant in their professional activities but may not represent, advocate, protect the lawful rights and interests of legally-aided persons in court; may not sign written legal counseling.

The legal aid trainee may go with the instructing legal aid assistant to meet the legally-aided persons and other litigants in legal aid-related cases if they agree; assist the legal aid assistant in studying documents about the case, collecting documents, items and circumstances relevant to such cases and other professional activities. The instructing legal aid assistant shall supervise and be responsible for the activities of the legal aid trainee as prescribed in this Clause.

3. People exempted from probation of legal profession according to the Law on Lawyers shall be exempted from probation of legal aid.

4. The Minister of Justice shall detail the probation, probation testing and the form of certificate of legal aid training.

Article 21. Appointment and granting of legal aid assistant’s card

1. The director of the state legal aid center shall make a list of persons working in the center who meet the criteria prescribed in Article 19 of this Law and send it to the Department of Justice to propose the appointment or granting of the legal aid assistant’s card. Within 05 working days after receiving the list of persons proposed for the appointment of legal aid assistant, the Director of Department of Justice shall compile and submit dossiers to the president of the provincial People's Committee.

2. A dossier of appointment as legal aid assistant consists of:

a) An official letter proposing the appointment as a legal aid assistant made by the Director of Department of Justice;

b) A CV of the person proposed for appointment as a legal aid assistant;

c) 02 color portrait photos sized 2 cm x 3 cm;

d) Certified true copy of the bachelor degree, master degree or doctorate degree in law;

dd) Certified true copy of the certificate of lawyer apprentice assessment or the certificate of legal aid apprentice assessment; the copy of the document proving the exemption from legal aid apprenticeship if he/she is exempted from legal aid apprenticeship;

e) Health certificate.

3. Person who were discharged or revoked their legal aid cards as prescribed in Point a, c and f Clause 1, Article 22 hereof shall be considered for appointment and granting of legal aid assistant’s cards when satisfying the conditions for legal aid assistant as prescribed hereof and reasons for dismissal or withdrawal of cards are no longer exist

4. Within 15 days after receiving the dossier, the president of the provincial People's Committee shall consider, decide the appointment and granting of legal aid assistant's card; in case of refusal, he/ she shall issue a written notice and clearly state the reasons therefor.

Article 22. Discharge and revoking of legal aid assistant’s card

1. Legal aid assistants shall be discharged and revoked their legal aid assistant’s card in the following cases:

a) No longer being qualified as a legal aid assistant as prescribed in Article 19 hereof;

b) Be dismissed from their jobs as a disciplinary form;

c) Transfer to other jobs or quit their jobs voluntarily;

d) Do not participate in criminal proceedings within 02 consecutive years except for cases due to objective reasons;

dd) Be disciplined in the form of reprimand twice or twice, or be dismissed for the commission of actions regulated in Point a, b, dd or e Clause 1 Article 6 hereof;

e) Is banned from carrying out professional activities under decisions of competent authorities;

2. The Director of Department of Justice shall compile and send a dossier to the provincial People's Committee for decision to dismiss or withdraw the legal aid assistant’s card for persons falls into one of the cases specified in Clause 1 this Article.

3. An application for discharge and revoking legal aid assistant’s card consists of:

a) An official letter proposing the discharge and revoking of legal aid assistant’s card made by the Director of Department of Justice;

b) Papers and documents evidencing that the legal aid assistant falls into one of the cases specified in Clause 1 this Article.

4. Within 15 days after receiving the dossier, the president of the provincial People's Committee shall decide the discharge and revoking of legal aid assistant's card.

Article 23. Reissuing of legal aid assistant’s card

1. The person that was issued the legal aid assistant’s card shall be reissued if it is lost or damaged.

2. Applicants for re-issuance of legal aid assistant's cards shall send a written request to the director of State legal aid centers. After receiving the application of the applicant, the Director of Department of Justice shall submit such dossiers to the president of the provincial People's Committee.

3. Dossier of re-issuance of legal aid assistant’s card consists of:

a) Application for re-issuance of legal aid assistant’s card;

b) 02 color portrait photos sized 2 cm x 3 cm;

c) The damaged legal aid assistant’s card or the confirmation of Director of legal aid centre in case of loss.

4. Within 03 working days after receiving the dossier, the Director of Department of Justice shall submit to the president of the provincial People's Committee for deciding the re-issuance of legal aid assistant's card.

5. Within 05 working days after receiving the dossier, the president of the provincial People's Committee shall decide the re-issuance of legal aid assistant's card.

Article 24. Legal aid collaborators

1. In severely disadvantaged areas, depending on legal aid needs and actual conditions of the province, the director of the state legal aid center shall request the Director of Department of Justice to grant legal aid collaborator’s cards to eligible persons defined in Clause 2 of this Article.

2. Persons who have retired, have full civil act capacity, good moral qualities, good health and wish to provide legal aid may become legal aid collaborators, including: legal aid assistants; judges, inspectors of the court; procurators, inspectors of the Procuracy; investigators; enforcers, examiners in civil judgment enforcement; legal affairs specialist at regulatory agencies.

3. The Director of the State legal aid center shall sign the contract on the provision of legal aid with the person who is granted the legal aid collaborator's card for the provision of legal consultancy at the province.

The Director of the State legal aid center shall request the Director of Department of Justice to revoke legal aid collaborator's cards of persons who do not provide legal aid services within 02 consecutive years except for cases due to objective reasons.

4. The Government shall detail the participation of collaborators in legal aid services.

Article 25. Cases of discontinuance or refusal to provide legal aid services

1. Legal aid-providing persons shall not continue to provide legal aid services in the following cases:

a) Commit prohibited acts defined in Clause 1 Article 6 hereof, except for cases where they have completely served their penalties and have the right to provide legal aid services under the provisions of this Law;

b) Be revoked legal aid assistant's card, legal aid collaborator’s card, law practicing certificate or legal counselor card;

c) Cases of inability to participate in proceedings as prescribed by law on proceedings.

2. Legal aid-providing person must refuse to provide legal aid services in the following cases:

a) Provided or is providing legal aid service to a legally-aided person that is a party with conflicting interests in the same case, unless otherwise agreed in legal consultancy, extrajudicial representation in civil matters by parties;

b) There are evidences to believe that he/she is possibly biased during the process of providing legal aid services;

c) There are reasons that show the legal aid service cannot be provided effectively, affecting the lawful rights and interests of legally-aided persons.

3. The legal aid-providing organization shall notify the reason in writing to the legally-aided person and appoint another person to provide legal aid in cases specified in Clause 1 and 2 of this Article.

Chapter V

LEGAL AID SCOPE, FIELD, FORM AND SERVICE

Article 26. Scope of legal aid service

1. State legal aid center shall provide legal aid services in the following cases:

a) Legally-aided persons residing at the province;

b) Legal aid-related cases at the province;

b) Legal aid-related cases requested by competent central authorities.

2. Organizations signing contracts to provide legal aid services shall provide legal aid services within the contract.

3. Organizations registering to support legal aid services shall provide legal aid services within the registered contents.

Article 27. Areas and forms of legal aid delivery

1. Legal aid shall be provided in the areas of law, except for business and trade sector.

2. Legal aid forms include:

a) Participation in legal proceedings;

b) Legal consultancy;

c) Extrajudicial representation.

Article 28. Places for reception of legally-aided persons

1. Legal aid-providing organizations shall arrange places for reception of legally-aided persons at the headquarter of such organization or locations other than headquarter which are convenient for legally-aided persons to express their requests.

2. Headquarters of legal aid-providing organizations must post the timetable and internal rules on reception of legally-aided persons.

Article 29. Legal aid request

1. When requesting legal aid, the legally-aided person must submit a set of application to the legal aid-providing organization, including:

a) Legal aid written application form;

b) Papers proving their eligibility for legal aid;

c) Papers and documents related to the legal aid-related case.

2. The application for legal aid services shall be submitted as follows:

a) If the application is submitted directly at the headquarter of the legal aid-providing organization, legally-aided person shall submit the papers and documents specified in Point a and c, Clause 1 of this Article; present the original copy or submit the certified true copy proving that he/she is the legally-aided person.

If a legally-aided person cannot write a request by himself/herself, the legal aid-providing person shall fill in the request form, give it to the legally-aided person for reading or read it to the legally-aided person and asks him/her to sign or press his/her fingerprint on the filled-in form;

b) If the application is sent by post, the legally-aided person shall submit the papers and documents specified in Point a and c Clause 1 of this Article, the certified true copy proving that he/she is the legally-aided person;

c) If the application is submitted via fax or an electronic form, when meeting the legal aid-providing persons, the legally-aided person must present the original copy or submit the certified true copy proving that he/she is the legally-aided person.

Article 30. Acceptance of legal aid-related cases

1. The legal aid request shall only be accepted when there are specific cases directly related to the lawful rights and interests of legally-aided persons specified in Article 7 and in accordance with this Law.

2. Those who receive written requests for legal aid shall check their contents related to legal aid and immediately reply to the legally-aided person whether the dossiers are eligible for acceptance or needed supplement.

3. Legal aid-providing organization must refuse and clearly state the reasons in writing to the requesters in the following cases:

a) Legal aid request fails to satisfy one of the conditions prescribed in Clause 1 this Article;

b) Legal aid request contains illegal contents;

c) The legally-aided person has already passed away;

d) The case for which another legal aid-providing organization is providing legal aid.

4. In cases the requester could not provide sufficient documents as specified in Clause 1 Article 29 hereof but need legal aid right away due to the fact that the legal aid-related cases were about to be expired or the trial day is approaching, the presiding agency transfer legal aid requests to legal aid-providing organizations or for the purpose of avoiding damaging the lawful rights and interests of legally-aided persons, the recipient shall notice the head of the legal aid-providing organization and accept immediately, at the same time guide the requesters to provide additionally necessary documentation.

Article 31. Participation in legal proceedings

1. Legal aid assistants, lawyers providing legal aid shall participate in legal proceedings in the capacity of defenders or protectors of legally-aided persons’ lawful rights and interests in accordance with this Law and the Law on Proceedings.

2. Within 03 working days after receiving legally-aided persons' requests for the appointment of legal aid-providing persons to participate in legal proceedings, legal aid-providing organizations shall appoint legal aid- providing persons.

Within 12 hours after receiving a request from the legally-aided person who is arrested or detained for the appointment of legal aid-providing persons, legal aid-providing organizations shall appoint legal aid-providing persons.

3. Within 12 hours after receiving requests from persons who are arrested, detained or within 24 hours after receiving requests from legally-aided persons who are suspects, defendants, victims according to the Law on Proceedings, competent procedural authorities and persons shall notice the state legal aid center at the province. Immediately after receiving the notice of competent procedural authorities and persons, the state legal aid center shall accept the case as prescribed in Clause 4 Article 30 hereof and appoint legal aid-providing persons to participate in legal proceedings.

4. The appointment of representatives beyond legal proceedings must be expressed in a document to be sent to concerned legally-aided persons and competent procedural authorities.

Article 32. Legal consultancy

1. Persons providing legal aid in counseling to legally-aided persons by guiding, giving opinions, helping draft documents related to disputes, complaints and legal problems; guiding the mediation, negotiation and agreement on settling the case.

2. Within 10 days from receiving the request or receiving sufficient additional papers and documents, legal aid proving persons shall study and respond in written to the legally-aided person;  For complex cases or cases needed time for verification, the time limit may be extended but not more than 30 days, unless otherwise agreed with the legally-aided persons.

In cases the request for legal aid service is a simple legal problem, the recipient shall guide, answer and provide legal information immediately to the legally-aided person.

Article 33. Extrajudicial representation

1. Legal aid assistants, lawyers providing legal aid shall act as extrajudicial representatives before competent regulatory agencies for legally-aided persons.

2. Within 03 working days after receiving legally-aided persons' requests, legal aid-providing organizations shall appoint legal aid- providing persons to act as extrajudicial representatives for legally-aided persons.

The appointment of as extrajudicial representatives must be in written form and be sent to concerned legally-aided persons.

Article 34. Coordination in verifying legal aid-related cases

1. When it is necessary to verify details and events related to a legal aid-related case in another administrative division, the legal aid-providing organization which has accepted the case may request the legal aid-providing organization in that administrative to join in the verification. A verification request must be made in writing, clearly stating the contents needed to be verified and the deadline for reply.

2. The requested legal aid-providing organization shall carry out the verification within 10 days after receiving the request and send the verification results together with relevant documents and papers to the requesting legal aid-providing organization; if the verification cannot be carried out, the requested legal aid-providing organization shall provide an explanation in writing.

3. The verification requests, notices of verification results and relevant papers and documents must be filed in dossiers of legal aid-related cases.

Article 35. Transfer of legal aid request

1. In cases the legal aid request fails to satisfy the conditions specified in Point a and b Clause 1 Article 26 hereof, the state legal aid center shall transfer such legal aid request to competent state legal aid center and notify concerned legally-aided persons.

2. In cases of insufficient resources to provide legal aid service, the legal aid-providing organization shall transfer such legal aid request to state legal aid center at the province and notify concerned legally-aided persons.

Article 36. Recommendation in legal aid services

1. Through legal aid services, legal aid-providing organizations may make written recommendations to competent state agencies on matters related to the legal aid-related cases.

2. Within 30 days from receiving the recommendation, agencies that receive those recommendations shall, within the scope of their tasks and powers, respond in written form;  If there is a plausible reason, the time limit may be extended but not more than 45 days, unless otherwise provided for by law.

3. If the received agency fails to respond within the time limit as prescribed in Clause 2 this Article, the legal aid-providing organization may request the direct superior agency of such agency for consideration and settlement.

Article 37. Discontinuation of the provision of legal aid services

1. Legal aid-related cases shall be discontinued in the following cases:

a) Cases of refusal according to the provisions of Clause 3, Article 30 of this Law;

b) The legally-aided person perform one of the acts prohibited prescribed in Clause 2 Article 6 hereof;

c) The legally-aided person withdraws his/her request for legal aid.

2. In cases of discontinuance of the provision or legal aid, the legal aid-providing organization or person shall notify the reason in writing to the legally-aided person.

3. If a legal aid-related case is being carried out but the legally-aided person no longer satisfies the provisions of Article 7 hereof, such case shall continue being carried out until the end.

Article 38. Dossiers of legal aid-related cases

1. When providing legal aid, legal aid-providing organizations and persons shall compile dossiers of legal aid-related cases.

2. The dossier of a legal aid-related case comprises:

a) Papers and documents according to the provisions of Clause 1, Article 29 of this Law;

b) The result, papers and documents related to the legal aid-related case;

c) Other papers and documents (if any).

Article 39. Archive of dossiers of legal aid-related cases

1. Within 30 days after finishing a legal aid-related case, the legal aid-providing person shall transfer the dossier to the legal aid-providing organization.

2. Documents and papers of legal aid-related cases must be registered, numbered and arranged in the order of date, month, year and archived according to the law.

3. The electronic dossiers of each legal aid-related case shall be digitized and updated to the legal aid-related case management system and archived in the database of legal aid.

Chapter VI

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN LEGAL AID SERVICES

Article 40. Responsibilities of state management of legal aid

1. The Government shall perform the uniform state management of legal aid.

2. The Ministry of Justice is the focal point to assist the Government in performing the State management of legal aid and has the following tasks and powers:

a) Take charge, elaborate and promulgate or request competent authorities to promulgate legal documents on legal aid;

b) Elaborate, promulgate or request competent authorities to promulgate strategies and plans on the development of legal aid services and organize the implementation of these strategies and plans;

c) Promulgate regulations on professional guidance and specimen papers on legal aid service; criteria for defining complex, typical legal aid-related cases; make reports and statistics on legal aid service;

d) Guide, organize and follow the implementation of legal documents on legal aid.

dd) Organize training in legal aid knowledge and skills for legal aid-providing persons;

e) Organize the communication on legal aid and the appraisal, evaluation of the quality of legal aid services;

g) Examine and inspect the provision of legal aid service; reward, discipline and handle violations in legal aid services;

h) Receive support and contributions from organizations and individuals for legal aid;

i) Implement international cooperation in legal aid.

3. Ministries and ministerial-level agencies shall, within the scope of their tasks and powers, coordinate with the Ministry of Justice in performing the state management of legal aid.

4. Provincial People’s Committees shall, within their scope of tasks and powers, perform the state management of legal aid at their provinces, ensure working conditions for state legal aid centers.

Article 41. Responsibilities of agencies related to legal aid services in legal proceedings

1. The Supreme People’s Court, People’s Supreme Procuracy, Ministry of Public Security and Ministry of National Defense shall organize the implementation of this Law in their affiliated agencies.

2. Within their scope of tasks and powers, the presiding agency shall cooperate and create favorable conditions for legally-aided persons entitled to receive legal aid services, create favorable conditions for legal aid-providing persons to participate in legal proceedings according to regulations.

Article 42. Responsibilities of relevant state agencies

In the course of handling cases related to citizens, if the citizens are legally-aided persons, state agencies shall explain the right to receive legal aid service and recommend legal aid-providing organizations to them.

Article 43. Responsibilities of socio-professional organizations of lawyers

1. The Vietnam Bar Federation shall cooperate with the Ministry of Justice in managing and supervising the provision of legal aid services by lawyers and law-practicing organizations in accordance with this Law.

2. Bar Federations of centrally-affiliated cities and provinces shall cooperate with the Department of Justice to manage and supervise the provision of legal aid services by lawyers and law-practicing organizations in accordance with this Law.

Article 44. Responsibilities of agency directly supervising the legal counseling organizations

The agency directly supervising the legal counseling organizations shall cooperate with competent state management agencies in providing legal aid in managing and supervising by legal consulting firms and legal consultants in accordance with this Law.

Chapter VII

SETTLEMENT OF COMPLAINTS, DENUNCIATIONS AND DISPUTES

Article 45. Settlement of complaints and denunciations

1. Legally-aided persons may lodge complaints about the following acts of legal aid-providing organizations, legal aid-providing persons when having grounds to believe that those acts are unlawful acts or infringe upon their legitimate rights and interests:

a) Refuse to accept legal aid-related cases;

b) Fail to provide legal aid services;

c) Provide illegal legal aid services;

d) Change legal aid-providing person illegally.

2. Heads of legal aid-providing organizations shall settle complaints about acts specified in Clause 1 this Article within 03 working days after receiving the complaints. If the complainants disagree with complaint-settlement decisions of heads of legal aid-providing organizations or upon the expiration of the deadline but the complaint is not resolved, they may further lodge their complaints to the Director of Department of Justice.

Director of Department of Justice shall settle complaints within 15 days after receiving them. Decisions on complaint settlement of the director of Department of Justice shall be valid. If the complainants disagree with the decisions of the director of Department of Justice or upon the expiration of the deadline but the complaint is not resolved, they may file a lawsuit in court.

3. Organizations and individuals may complaint or file a lawsuit about disciplining decisions, decisions on administrative violation sanctions and other administrative decisions, acts in legal aid in according with the law on complaints and other relevant provisions.

4. Individuals may denounce violations of this Law to competent state agencies. Denunciations and settlement of denunciations shall comply with the law on denunciations.

Article 46. Settlement of disputes

1. Disputes arising between legally-aided persons and legal aid assistants, legal counselors, legal aid collaborators, state legal aid centers or legal counseling organizations related to the provision of legal aid shall be settled in accordance with the civil law.

2. Disputes arising between legally-aided persons and lawyers or law practicing organizations related to the provision of legal aid services shall be settled in accordance with the law on lawyers and other relevant laws.

Chapter VIII

IMPLEMENTATION CLAUSE

Article 47. Effect

1. This Law takes effect on January 1, 2018.

2. The Law on Legal Aid No. 69/2006/QH11 shall become invalid since this Law takes effect.

Article 48. Transitional provisions

1. From the effective date of this Law, the persons who have been appointed as legal aid assistants under the Law on Legal Aid No. 69/2006/QH11 shall continue to operate under the provisions of this Law; after 05 years from the effective date of this Law, the persons who are appointed as legal aid assistants without certificates certifying graduates of lawyer training shall have their legal aid certificates withdrawn.

2. Within 01 years after the effective date of this Law, legal aid-providing organizations and individuals according to the Law on Legal Aid No. 69/2006/QH11 must satisfy the requirements of this Law. If they fail to satisfy the requirements of this Law, they shall terminate their provision of legal aid services and transfer the dossiers of the cases currently provided to the State legal aid centers where they register for participation to continue their provision.

3. Legal aid-related cases being provided under the Law on Legal Aid No. 69/2006/QH11 but by the date this law takes effect they are not yet completed, they shall continue to comply with the Law on Legal Aid No. 69/2006/QH11 until the completion of such cases.

4. Within 01 year from the effective date of this Law, provincial People's Committees shall review the branches of State legal aid centers established in their respective provinces and, base on the needs, resources of legal aid and the efficiency, report to the Ministry of Justice to unify the maintenance, merger or dissolution of branches of state legal aid centers.

This Law was adopted June 20, 2017 by the XIVth National Assembly of the Socialist Republic of Vietnam on its 3rd meeting.

 

 

PRESIDENT OF THE NATIONAL ASSEMBLY




Nguyen Thi Kim Ngan

 

 

 

 


------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 11/2017/QH14

Loại văn bảnLuật
Số hiệu11/2017/QH14
Cơ quan ban hành
Người ký
Ngày ban hành20/06/2017
Ngày hiệu lực01/01/2018
Ngày công báo...
Số công báo
Lĩnh vựcDịch vụ pháp lý
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật4 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 11/2017/QH14

Lược đồ Law 11/2017/QH14 on legal aid


Văn bản bị sửa đổi, bổ sung

    Văn bản liên quan ngôn ngữ

    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản được hướng dẫn

          Văn bản đính chính

            Văn bản hiện thời

            Law 11/2017/QH14 on legal aid
            Loại văn bảnLuật
            Số hiệu11/2017/QH14
            Cơ quan ban hànhQuốc hội
            Người kýNguyễn Thị Kim Ngân
            Ngày ban hành20/06/2017
            Ngày hiệu lực01/01/2018
            Ngày công báo...
            Số công báo
            Lĩnh vựcDịch vụ pháp lý
            Tình trạng hiệu lựcCòn hiệu lực
            Cập nhật4 năm trước

            Văn bản thay thế

              Văn bản hợp nhất

                Văn bản gốc Law 11/2017/QH14 on legal aid

                Lịch sử hiệu lực Law 11/2017/QH14 on legal aid

                • 20/06/2017

                  Văn bản được ban hành

                  Trạng thái: Chưa có hiệu lực

                • 01/01/2018

                  Văn bản có hiệu lực

                  Trạng thái: Có hiệu lực