Chương III Luật Trợ giúp pháp lý 2017: Tổ chức thực hiện trợ giúp pháp lý, quyền và nghĩa vụ của tổ chức thực hiện trợ giúp pháp lý

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.