Today, society is developing more and more, transactions arising in life are increasing. So many people seek the help from legal aid centers. So about the matter “What is a legal aid center under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on Legal Aid 2017
- What is legal aid?
Article 2 of the Law on Legal Aid 2017 defines Legal Aid as the provision of free legal services to legal aid beneficiaries in legal aid cases in accordance with the Law on Legal Aid, contributing to ensuring human rights and citizens’ rights in accessing justice and equality before the law.
What is a legal aid center under Vietnam law?
1. Legal aid-providing centers include the State Legal Aid Center and legal aid-participating organizations.
2. The Department of Justice shall publish the list of local legal aid-providing organizations, post it on the website of the Department of Justice and send it to the Ministry of Justice for compilation and posting on the Portal of the Ministry of Justice.
Principles of legal aid activities
1. Comply with the laws and rules of the legal aid profession.
2. Timely, independent, honest, respecting objective truth.
3. To best protect the legitimate rights and interests of legal aid recipients.
4. Do not collect money, material benefits or other benefits from legal aid recipients.
Cases in which legal aid cannot be continued or must be refused
Article 25 of the Law on Legal Aid stipulates cases in which the provision of legal aid is prohibited or must be refused, including:
In case of not being able to continue to provide legal aid
Legal aid providers may not continue to provide legal aid in one of the following cases:
a) Committing a prohibited act, unless the form of handling of the violation has been completed and legal aid is provided;
b) Having their legal assistant card, legal aid collaborator’s card, law practice certificate, or legal consultant card revoked;
c) Cases that are not allowed to participate in the proceedings according to the provisions of the procedural law.
In case of having to refuse to perform a legal aid case
A legal aid provider must refuse to perform a legal aid case in one of the following cases:
a) Having or are providing legal aid to legal aid beneficiaries who are parties with opposing interests in the same case, unless otherwise agreed upon by the parties regarding the legal advice case. , representation outside the proceedings in the civil field;
b) There are grounds to believe that legal aid providers may not be objective in providing legal aid;
c) There is a reason that it is impossible to effectively carry out the legal aid case, affecting the lawful rights and interests of the legal aid recipient.
Note:
– Legal aid recipients who have grounds to believe that legal aid providers fall into one of the following cases where they are not allowed to continue providing legal aid or must refuse to provide legal aid, they shall make an application for change of legal aid providers. provide legal aid and send it to the legal aid organization, Branch.
+ Within 03 working days from the date of receiving the application for change of legal aid provider, legal aid-providing organization, the branch is responsible for replying to the legal aid recipient by notify in writing and clearly state the reasons therefor to the person receiving legal aid and appoint another person to provide legal aid in the above cases.
Legal position of the State Legal Aid Center
According to the provisions of Clause 1, Article 11 of the Law on Legal Aid 2017, the State Legal Aid Center is a public non-business unit under the Department of Justice, established by the People’s Committee of the province, with the legal status of a state legal aid center. legal entity, has its own seal, headquarters and account.
Functions and duties of the State Legal Aid Center
Legal aid centers have the following tasks and powers:
– Providing legal aid;
– Request relevant agencies and organizations to coordinate and provide information and documents on the legal aid case;
– Compensate for damage caused by the fault of the people of their organization while providing legal aid;
– Implement the regime of statistics, reports and communication on legal aid;
– To settle complaints according to the provisions of Clause 2, Article 45 of the Law on Legal Aid;
– Make recommendations to competent state agencies on issues related to the settlement of legal aid cases;
– Perform other tasks authorized or requested by competent state management agencies in charge of legal aid.
Basically, the mission of the Center inherits the provisions of the Law on Legal Aid 2006. At the same time, it adds 02 new tasks: (1) communication on legal aid; (2) Perform other tasks authorized or requested by competent state management agencies in charge of legal aid; to amend the task of “recommendation of issues related to law enforcement” to “recommendation to competent state agencies on issues related to the resolution of legal aid cases” in accordance with the nature of the law. The specific nature of the petition is directly related to the Center’s task of implementing the legal aid case. Proposing issues related to law enforcement is a broad issue and agencies, organizations, can be done by individuals. In addition, the mandate of “dispute resolution in legal aid” is no longer regulated.
Organizational apparatus of the State Legal Aid Center
- Regarding the organizational structure:
According to current regulations, the State Legal Aid Center has a Director, Deputy Director, Legal Assistants, officials and other employees. The Director, Deputy Director of the Center must be a Legal Assistant (Clause 1, Article 3 of Decree No. 144/2017/ND-CP dated December 15, 2017 detailing a number of articles of the Law on Legal Aid). . The Center may have appropriate specialized departments to perform the tasks and powers in accordance with the Law on Legal Aid and the law on public non-business units (Clause 3, Article 3 of Decree 144/2017). /ND-CP). The State Legal Aid Center may have a Branch. Branch is a dependent unit of the State Legal Aid Center (Clause 2, Article 11 of the Law on Legal Aid 2017).
- Regarding the number of people working:
Clause 1, Article 10 of Decree No. 144/ND-CP stipulates that Based on the workload, nature and characteristics of professional activities, requirements of legal aid work in the locality and as proposed The Director of the Department of Justice and the President of the People’s Committee of the province shall decide on the number of people working for the Center.
Implementing the above provisions, 63 Legal Aid Centers arrange and consolidate the entire machine and strengthen the team of legal aid practitioners. 32 Legal Aid Center with Branches (105 branches). Previously, most Legal Aid Centers established branches, however, implementing the Law on Legal Aid in 2017, localities have reviewed and evaluated the operational efficiency of branches as well as based on sources of legal aid. effective for dissolution or merger of the Branch to ensure efficient use of resources. The current branches are all substantive and effective in carrying out the task of receiving and carrying out the case and coordinating with the procedure-conducting agency and relevant agencies in the area the branch is in charge of. task process. Most centers have established specialized departments. A few Centers do not set up departments (Binh Thuan, Dak Nong, Kon Tum, Hau Giang).
- Regarding the Center’s leadership structure, the whole country currently has 56 Center Directors, 07 Deputy Directors in charge and 75 Deputy Directors.
In parallel with the arrangement and consolidation of the entire machine, the Centers also actively carried out the work of consolidating the team of legal aid practitioners, according to which the total number of staff was assigned to the Centers as of October 31. 2021 is: 1,377 people; the number of people currently working is: 1,237 people, including 669 Legal Assistants (accounting for 54.08% of the total existing payroll). The team of legal assistants is interested in developing, the number increases over the years.
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Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
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Frequently asked questions
– To providing legal aid;
– To request relevant agencies and organizations to coordinate and provide information and documents on the legal aid case;
– To compensate for damage caused by the fault of the people of their organization while providing legal aid;
– To implement the regime of statistics, reports and communication on legal aid;
– To settle complaints according to the provisions of Clause 2, Article 45 of this Law;
– To make recommendations to competent state agencies on issues related to the settlement of legal aid cases.
– To perform other tasks authorized or requested by competent state management agencies in charge of legal aid.
Legal assistants who fully meet the following criteria may be proposed to be appointed as Center Director:
a) Having at least 3 years as a legal aid officer or judge or procurator, intermediate or higher level investigator or having 5 years working in the state management of legal aid in the Judiciary branch;
b) Satisfy the conditions and criteria for heads of public non-business units under the Department of Justice as prescribed by law
According to the provisions of Circular 52/2013/TT-BTNMT, applicable to agencies, organizations and individuals that transport chemicals as dangerous goods by road and waterway motorized means of transport. internal, railway in the territory of the Socialist Republic of Vietnam. For the case of transporting chemicals within an enterprise by elevator from the 1st floor to the 2nd floor, currently there is no specific law that requires a permit.
However, it can be seen that this is also considered a chemical transportation activity, so businesses carrying out this activity need to ensure safety regulations as prescribed in Article 6 of Decree 113/2017/ND- CP and Article 20 of the Law on Chemicals 2007 stipulate the requirements for transporting chemicals and hazardous chemicals.
Conclusion: So the above is What is a legal aid center under Vietnam law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
