Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Law provides for legal aid beneficiaries, legal aid-providing organizations, legal aid-providing persons, legal aid services and the state management of legal aid.
Article 2.- Subjects of application
This Law applies to agencies, organizations and individuals involved in legal aid services.
When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of that treaty shall apply.
Article 3.- Legal aid
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; to contribute to law dissemination and education, protect justice, ensure social equity and prevent and restrict disputes and violations of law.
Article 4.- Principles of legal aid services
1. Non-collection of charges, fees or remunerations from legal aid beneficiaries.
2. Honesty and respect for objective truth.
3. Application of appropriate measures in accordance with law in order to best protect legitimate rights and interests of legal aid beneficiaries.
4. Observance of law and professional rules on legal aid.
5. Taking of responsibility before law for legal aid contents.
Article 5.- Legal aid cases
Legal aid cases must be related to legitimate rights and interests of legal aid beneficiaries and must not fall into business or commercial domains.
Article 6.- Legal aid polices
1. It is the State's responsibility to provide legal aid.
2. The State plays a key role in providing, and organizing the provision of, legal aid; encourages and creates conditions for the Vietnam Fatherland Front and its member organizations, law-practicing organizations and lawyers, and other agencies, organizations and individuals to participate in, make contributions to, or support legal aid services.
Article 7.- Responsibilities of organizations and individuals for legal aid services
1. Agencies and organizations shall, within the scope of their tasks and powers, encourage and create conditions for their cadres, civil servants, employees, members and other individuals working in their agencies and organizations to act as legal aid collaborators.
2. Legal proceeding-conducting agencies and other agencies and organizations related to legal aid services shall, within the scope of their tasks and powers, coordinate with, facilitate, and supply information and documents to, legal aid-providing organizations in providing legal aid services.
Article 8.- Legal aid fund
1. The legal aid fund is set up to support the raising of the quality of legal aid services of, and the supply of working equipment and facilities to, legal aid-providing organizations in localities with economic difficulties.
2. Financial sources for the legal aid fund include voluntary contributions and donations of agencies, organizations and individuals, state budget supports and other lawful sources.
3. The legal aid fund operates for non-profit purposes and is entitled to tax exemption. The legal aid fund must be properly managed and used in accordance with law.
4. The Government shall specify the setting up, management and use of the legal aid fund.
Article 9.- Prohibited acts
1. Legal aid-providing organizations and persons may not commit the following acts:
a/ Infringing upon the dignity, honor or legitimate rights and interests of legal aid beneficiaries; discriminating against legal aid beneficiaries;
b/ Receiving or demanding any sum of money or any economic benefit from legal aid beneficiaries; harassing legal aid beneficiaries;
c/ Disclosing information or secrets on legal aid cases or legal aid beneficiaries, unless it is so agreed in writing by legal aid beneficiaries or otherwise provided for by law.
d/ Refusing or discontinuing the provision of legal aid, except for cases specified in Clauses 1 and 2, Article 45 of this Law and provided for by the procedural law;
e/ Abusing legal aid services for self-seeking purposes;
f/ Abusing legal aid services to cause social disorder and unrest, exerting adverse impacts on ethics or national fine customs and traditions, and infringing upon the State's interests or legitimate rights and interests of organizations or individuals;
g/ Inciting legal aid beneficiaries to declare and supply false information and documents or to make complaints or denunciations or initiate lawsuits in contravention of law.
2. Legal aid beneficiaries, agencies, organizations and individuals engaged in legal aid services may not commit the following acts:
a/ Infringing upon the dignity and honor of legal aid-providing persons;
b/ Deliberately supplying false information and documents on legal aid cases;
c/ Obstructing legal aid services; disturbing and causing disorder at legal aid-providing places.
Tìm kiếm
Luật trợ giúp pháp lý 2006 (Bản Pdf)
Luật trợ giúp pháp lý 2006 (Bản Word)