Role of Lawyers in Legal Aid Activities in Vietnam: Opportunities and Challenges
Explore the legal framework and overview of lawyers providing legal aid in Vietnam, including their responsibilities, key regulations, and the types of legal aid offered. Learn about the opportunities and challenges faced by lawyers in fulfilling their legal aid obligations under Vietnamese law.
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Presentation Transcript
ROLE OF LAWYERS IN PROVIDING TO LEGAL AID ACTIVITIES IN VIETNAM: OPPORTUNITIES AND CHALLENGES PHD. NGA.LT BA. MINH CHAU.DL
Legal Framework - Constitution 2013; - Law on legal Aid 2017; - Law on Lawyer 2006, amendments and supplements 2012; - Code of the criminal Procedure 2015; - Decree No.144/2017/N -CP guiding the Law on Legal Aid; - Circular No. 08/2017 / TT-BTP guiding the Law on Legal Aid; - Decision No. 11/2018/ Q -BTV of the Standing Committee of the Vietnam Bar Federation has issued implementation of free legal aid obligations of lawyers for all organizations, individual needs. on the Regulation on the
Overview 1. Introduction; 2. Forms of legal aid of lawyers; 3. Status in providing to legal aids of lawyer; 4. Opportunities and challenges in providing to legal aids of lawyers; 5. Conclude
Introduction According to Vietnamese Law responsibility of the State (Article 4 of the Law on Legal Aid 2017). is stipulating: "Legal aid is the The participating agencies, organizations and individuals, contributing to legal aid. State supports, encourages, acknowledges and honors The State and society ensure: The all of people have economic difficulties, of preferential policies, vulnerable objects will be cared and protected by the State in order to help them be assured of minimum rights to communes. Assembly, somewhat reduced their difficulties.
Who are providing to legal aid? Legal aid officers; Lawyers providing legal aid under contracts signed with state legal aid centers and lawyers assigned by organizations participating in legal aid provision; Legal counselors with at least two years experience in legal counseling in these organizations; and legal aid collaborators. (Clause 1, Article 17 of the Law on Legal Aid 2017)
- A lawyer is one of four groups conducting legal aids.
Providing legal aid is one of the lawyers' obligations (Point d, Clause 2, Article 21 of the Law on Laws of 2006, amended and supplemented in 2012,) When providing legal aid, lawyers must be devoted to the beneficiary as to customers in cases and remuneration (Article 31 of the Law on Lawyers).
2. Forms in providing to legal 2. Forms in providing to legal aid of lawyer aid of lawyer (1) under the contract with the State Legal Center and (2) according to the assignment of the organization participating in the legal aid (Clause 2, Article 12; Clause 1 and Clause 3 of Article 14 of LLA; Decree 144/2017 / ND-CP, Ministry of Justice issued Circular 08/2017/ TT-BTP).
Under the contract with the State Legal Center: lawyer fee support by State According to the assignment of the organization participating in the legal aid: They are volunteer, not fee for them
Forms of legal Aids Participating in legal proceedings; Representatives outside the proceedings: Legal advice.
Participating in legal proceedings: Lawyers providing legal aid participate in legal proceedings defenders guardians of legal rights interests for legal aid beneficiaries in accordance this Law and the law procedural law. to as or and with
Lawyers participating in legal aid as defenders of defendants and defendants who are temporarily held in criminal cases or defend their legitimate rights and interests in the cases Civil, Administrative, Labor, Divorce, victims in criminal cases. They are people who are entitled to legal aid. In addition, lawyers also provide legal assistance to minors; people with physical and mental disadvantages; The person with the highest penalty frame is 20 years in prison, life imprisonment, death penalty (Articl.e 76, The Code of Criminal Procedure)
Representatives outside the proceedings: In this field, lawyers will join legal aid beneficiaries to work with individuals, organizations and competent state agencies to resolve related cases to protect the legitimate rights and interests of of the requesters.
Legal advice: Lawyers will join a number organizations legal aid such as legal aid centers, legal aid branches, bar associations; of providing The Lawyers' Association goes to communities to directly propagate and give legal advice to people so that people can understand and obey the law.
3. Status of legal aids of lawyers in Vietnam -By June 2018, across the country, Vietnam had 4,028 law practice organizations (including 2,367 lawyer's offices, 1,661 law firms), 12,569 lawyers with many fields of activity, many forte and different levels, thus creating diversity in providing legal services. -By the end of 2017, there were 336 organizations nationwide registering to participate in the legal aid system (284 law-practicing organizations, 52 legal consulting centers), nationwide with 7,077 individuals participating in legal documents, of which 997 lawyers.
In the 3 years (2015 to 2017), the Vietnam Bar cooperated with the Government Inspectorate to make 727 free legal aid lawyers for 3,837 turns of citizens at the headquarters of the Central citizen at both 2 locations in Hanoi and Ho Chi Minh City. Federation has (Data from the Department of Legal Assistance, Justice of Vietnam) Ministry of
Legal advice: More than 1,500 turns of citizens requested consult in many different areas such as land acquisition, land use right certificate, site clearance, resettlement compensation, remuneration policies. There are more than 70% of cases involving land law relations. Source: Trung Anh, Attendance of legal Aids of lawyers helps reduce complaints and denunciations.
3. Opportunities and challenges 3.1. Opportunities -The (Constitution 2013, LLA 2017, Law of Lawyer 2006 and Code of criminal Procedure 2015); legal framework is getting better and better -Legal aid policies are focused; -Vietnamese improving their qualifications and skills. lawyers are increasingly crowded and (Vietnam has about more 70 institutions and Universities educate Law program).
3.2. Challenges -Firstly, the weakness of foreign languages and professional skills of lawyers compared to requirements from the society. -Secondly, the "indifference" of the lawyers' team for legal aids. -Thirdly, in Vietnam, the lawyers' team is also unevenly distributed, mainly concentrated in Hanoi and Ho Chi Minh City and the fact shows that, in mountainous areas, economic conditions - social difficulties, the team of lawyers less developed
Fourth, the financial difficulty: the funding is allocated from the local budget, leading to unevenness due to each place doing one way. While big cities like Hanoi and Ho Chi Minh City allocate between three and seven billion dong each year for legal aid, in mountainous provinces, there are many ethnic minorities, each year only granted about 300 to 400 million VND, especially like Ninh Thuan province, grant 40 million VND each year.
4. Conclude LLA 2017 has significantly improved the legal framework and affirmed the role of lawyers in providing to legal aids. But the reality shows that the involvement of lawyers in the provision of legal aid is still limited. To promote the participation of lawyers in legal aid activities, contributing to ensuring human rights, promoting access to justice for people which need to continue to improve the law framework such as: Need specific regulations to recognize and honor agencies, organizations and individuals participating in the implementation of legal aids; develop a specific mechanism to manage legal aid activities of organizations participating in legal aids; a synchronous solution to encourage more lawyers and law practice organizations.
