OVERVIEW ON LEGAL AID IN VIETNAM Dr. Nguyen Thi Minh General Director National Legal Aid Agency in Vietnam 1Legal aid in Vietnam

OVERVIEW ON LEGAL AID IN VIETNAM

Dr. Nguyen Thi Minh

General Director

National Legal Aid Agency in Vietnam

1Legal aid in Vietnam

Main contentsA. Introduction to the legal aid system in Vietnam

I. Legal framework II. Management structure and legal aid system

1. National Legal Aid Agency 2. Legal aid organization 3. Legal aid providers

4. Legal aid beneficiaries 5.Fields and forms of legal aidIII. Funding

B. The limitations and shortcomings of Vietnam legal aid system


A. Introduction to the legal aid system in Vietnam I. Legal framework

- Decision No 734/TTg dated September 6th 1997 by the Prime Minister;

- Law on Legal Aid 2006;- Law on persons with disabilities 2010;- Law on human trafficking 2011…

Legal aid in Vietnam 3

Decision No 734/TTg dated September 6th 1997 by the Prime Minister:

“ Article 1: Establish the National Legal Aid Agency – a unit under the Ministry of Justice with the function of assisting the Minister of Justice in state management on legal aid for the poor and beneficiaries of preferential social policy.”


II. Management structure and legal aid system 1. Organizational structure



1. The central authority on legal aid

National Legal Aid Agency - a body established under the Ministry of Justice performs the advisory function to the Minister in state management over legal aid in the national dimension; in implementation of professional management on legal aid in accordance with law.


Duties and tasks of the National Legal Aid Agency


The organizational structure of NLAA


2. Legal aid Organizationsa) State organizations participating in legal aid

- There are 63 Provincial Legal Aid centers which belong to Provincial Departments of Justice, established under 63 Local People’s Commitees.

- Based on the demand and specific conditions of each province, the Chairperson of the provincial People’s Committees shall decide the establishment of branches of State Legal Aid Centers.

There are 199 legal aid branches at district level over Vietnam.


b) Social and socio-professional organizations participating in legal aid


II. Legal aid providers

Legal aid officials Persons participating in providing legal aid include:

- Practicing lawyers.

- Collaborators of State Legal Aid Centers (hereafter referred to as legal aid collaborators).

- Legal consultants working in legal consultative organizations (hereafter referred to as legal consultants).


1. Legal aid officialsLegal aid officials are working as permanent staff for the government, being paid by the government budget. Legal aid officials are not practicing lawyers, which means they are not members of Bar Associations and are not required to obey rules of the Code of Conduct for a lawyer.

Legal aid officials have to meet the following criteria: (a) Owning a bachelor of law or higher; (b) Owning a professional training certificate in legal aid (spend one year in Judicial Academy); (c) Owning a second language at B level or higher; (d) Owning a computerized certificate; (e) Having worked in law field for at least 2 years(f) Completing a legal aid professional course organized by the National Legal Aid Agency.


2. Practicing lawyersTo be a practicing lawyer, one should meet the following criteria:

Be Vietnamese citizens;

Be loyal to the Fatherland, observe the Constitution and law;

Have good moral qualities;

Possess a law bachelor diploma;

Have been trained in legal profession(The lawyer-training duration is six months);

Have gone through the probation of legal profession;

Have good health for law practice.

(Article 10 – Law on Lawyers 2006)


3. Legal aid collaborators

They can be practicing lawyers or law consultants or those with a bachelor of law; those with a bachelor of other fields which are involved in rights and duties of citizens. When participating in legal aid, collaborators are entitled to allowances and administrative expenses in accordance with law

Collaborators who are not lawyers can only provide legal aid in form of legal advice.


The criteria of collaborators are as below:

Vietnamese citizens who permanently reside in Vietnam, have full civil act capacity, have good moral quality, are physically fit for ensuring the fulfillment of assigned tasks, voluntarily participate in legal aid services will be considered, recognized and granted collaborator's cards by directors of provincial/municipal Justice Services if:

a/ They have a law university degree; they have a university degree in another major and work in branches or professions related to fundamental rights and obligations of citizens;

b/ They permanently reside in areas with exceptional socio-economic difficulties, ethnic minority or mountainous regions, have an intermediate degree in law or have been involved in legal work for three years or more, or have legal knowledge and high prestige in their communities;

c/ They are lawyers or legal counselors.

(Article 22- Collaborators – Law on Legal Aid 2006)


4. Others

Lawyers, and Legal consultants


who are working for organizations participating in legal aid

III. Legal aid beneficiaries in Vietnam

poor people,

people with meritorious service to the Revolution;

lonely elderly people;

helpless children under 16;

disabled people,

ethnic minorities people living in especially difficult areas;

victims of human trafficking;

and other people under international convention in which Vietnam is a party.


Law on persons with disabilities 2010

“Article 4. Rights and obligations of persons with disabilities

1. Persons with disabilities are guaranteed the following rights:

…

d) To be provided with healthcare, functional rehabilitation, education, vocational training, employment, legal assistance, access to public facilities, means of transport, information technology and culture, sports, tourism and other services suitable to their forms and degrees of disability;”


Law on human trafficking 2011

“Article 36: Legal aid

Victims are legally advised to avoid suffering from trafficking again and be aided legally to make civil registration procedures, receive support, claim for damage, participate in proceedings and other legal procedures related to cases of human trafficking.”


IV. Fields and Forms of legal aid

1. Fields of legal aid

Legal aid in all fields except for the business and trade sectors.


2. Forms of legal aid


V. FundingFunding for legal aid activities in Vietnam is provided yearly by the State, including legal aid budgets from local authorities for all State Legal Aid Centers; The State supports budgets for provinces with difficult socio-economic conditions.State budget (approximately $4 million per year) is not sufficient for legal aid activities.



B. Some shortcomings of Vietnam legal aid system: “Legal aid” concept in the Law on Legal Aid 2006 is too broad. Legal aid means the

provision of "pro bono" legal services to legal aid beneficiaries in accordance with this Law to help them protect their legitimate rights and interests and improve their legal understanding as well as their sense of respect for and observance of law; contribute to law dissemination and education, protect justice, ensure social equity and prevent and restrict disputes and violations of law.

Legal aid system is not independent (Legal aid centers are established by Local people committees, which decide human resource and finance of the centers). Central Legal Aid Authority - National Legal Aid Agency is under the Ministry of Justice and have no right in human resource of Legal aid providing organizations and very little concern about its finance.

Especially difficult with administrative cases, when Local people committee is a sued party; Regulations on legal aid beneficiaries are not comprehensive. This provision does not cover

victims of domestic violence and all those who need legal aid in the international Convention on civil and political rights to which Vietnam is a party. Moreover, the age of children in Vietnam is not suitable with the regulations in the international Covenant on the rights of

children 1989. 25Legal aid in Vietnam

B. Some shortcomings of Vietnam legal aid system: (continued) Legal aid officials are not recognized as practicing lawyers, so an image in society is

not high, legal aid beneficiary is reluctant to use Legal aid officials for its case. Funding for legal aid in Vietnam is limited and inconsistent;

The Law on Legal Aid only regulates legal aid of the State but has not yet adjusted the provision of pro-bono and legal aid activities of social organizations;

The Law on Legal Aid in Vietnam to be amended and passed in Mid 2017. The Prime Minister has just passed a Legal Aid Reform Project, the main idea of which is to mobilize more and more practicing lawyers to do legal aid. However, it faces a problem that practicing lawyers do not want to do legal aid since the State paid them low. I open this issue for DISCUSION.

Another issue for DISCUSION is a model for legal aid system: pros and corns or internationally 3 models: Judicare, State and combined.

Should you have any experience, please share, I highly appreciate. Thank you!


Thank you for your attention!


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OVERVIEW ON LEGAL AID IN VIETNAM Dr. Nguyen Thi Minh General Director National Legal Aid Agency in Vietnam 1Legal aid in Vietnam