Chapter V
LEGAL AID SCOPE, FIELD, FORM AND SERVICE
Article 26. Scope of legal aid service
1. State legal aid center shall provide legal aid services in the following cases:
a) Legally-aided persons residing at the province;
b) Legal aid-related cases at the province;
b) Legal aid-related cases requested by competent central authorities.
2. Organizations signing contracts to provide legal aid services shall provide legal aid services within the contract.
3. Organizations registering to support legal aid services shall provide legal aid services within the registered contents.
Article 27. Areas and forms of legal aid delivery
1. Legal aid shall be provided in the areas of law, except for business and trade sector.
2. Legal aid forms include:
a) Participation in legal proceedings;
b) Legal consultancy;
c) Extrajudicial representation.
Article 28. Places for reception of legally-aided persons
1. Legal aid-providing organizations shall arrange places for reception of legally-aided persons at the headquarter of such organization or locations other than headquarter which are convenient for legally-aided persons to express their requests.
2. Headquarters of legal aid-providing organizations must post the timetable and internal rules on reception of legally-aided persons.
Article 29. Legal aid request
1. When requesting legal aid, the legally-aided person must submit a set of application to the legal aid-providing organization, including:
a) Legal aid written application form;
b) Papers proving their eligibility for legal aid;
c) Papers and documents related to the legal aid-related case.
2. The application for legal aid services shall be submitted as follows:
a) If the application is submitted directly at the headquarter of the legal aid-providing organization, legally-aided person shall submit the papers and documents specified in Point a and c, Clause 1 of this Article; present the original copy or submit the certified true copy proving that he/she is the legally-aided person.
If a legally-aided person cannot write a request by himself/herself, the legal aid-providing person shall fill in the request form, give it to the legally-aided person for reading or read it to the legally-aided person and asks him/her to sign or press his/her fingerprint on the filled-in form;
b) If the application is sent by post, the legally-aided person shall submit the papers and documents specified in Point a and c Clause 1 of this Article, the certified true copy proving that he/she is the legally-aided person;
c) If the application is submitted via fax or an electronic form, when meeting the legal aid-providing persons, the legally-aided person must present the original copy or submit the certified true copy proving that he/she is the legally-aided person.
Article 30. Acceptance of legal aid-related cases
1. The legal aid request shall only be accepted when there are specific cases directly related to the lawful rights and interests of legally-aided persons specified in Article 7 and in accordance with this Law.
2. Those who receive written requests for legal aid shall check their contents related to legal aid and immediately reply to the legally-aided person whether the dossiers are eligible for acceptance or needed supplement.
3. Legal aid-providing organization must refuse and clearly state the reasons in writing to the requesters in the following cases:
a) Legal aid request fails to satisfy one of the conditions prescribed in Clause 1 this Article;
b) Legal aid request contains illegal contents;
c) The legally-aided person has already passed away;
d) The case for which another legal aid-providing organization is providing legal aid.
4. In cases the requester could not provide sufficient documents as specified in Clause 1 Article 29 hereof but need legal aid right away due to the fact that the legal aid-related cases were about to be expired or the trial day is approaching, the presiding agency transfer legal aid requests to legal aid-providing organizations or for the purpose of avoiding damaging the lawful rights and interests of legally-aided persons, the recipient shall notice the head of the legal aid-providing organization and accept immediately, at the same time guide the requesters to provide additionally necessary documentation.
Article 31. Participation in legal proceedings
1. Legal aid assistants, lawyers providing legal aid shall participate in legal proceedings in the capacity of defenders or protectors of legally-aided persons’ lawful rights and interests in accordance with this Law and the Law on Proceedings.
2. Within 03 working days after receiving legally-aided persons' requests for the appointment of legal aid-providing persons to participate in legal proceedings, legal aid-providing organizations shall appoint legal aid- providing persons.
Within 12 hours after receiving a request from the legally-aided person who is arrested or detained for the appointment of legal aid-providing persons, legal aid-providing organizations shall appoint legal aid-providing persons.
3. Within 12 hours after receiving requests from persons who are arrested, detained or within 24 hours after receiving requests from legally-aided persons who are suspects, defendants, victims according to the Law on Proceedings, competent procedural authorities and persons shall notice the state legal aid center at the province. Immediately after receiving the notice of competent procedural authorities and persons, the state legal aid center shall accept the case as prescribed in Clause 4 Article 30 hereof and appoint legal aid-providing persons to participate in legal proceedings.
4. The appointment of representatives beyond legal proceedings must be expressed in a document to be sent to concerned legally-aided persons and competent procedural authorities.
Article 32. Legal consultancy
1. Persons providing legal aid in counseling to legally-aided persons by guiding, giving opinions, helping draft documents related to disputes, complaints and legal problems; guiding the mediation, negotiation and agreement on settling the case.
2. Within 10 days from receiving the request or receiving sufficient additional papers and documents, legal aid proving persons shall study and respond in written to the legally-aided person; For complex cases or cases needed time for verification, the time limit may be extended but not more than 30 days, unless otherwise agreed with the legally-aided persons.
In cases the request for legal aid service is a simple legal problem, the recipient shall guide, answer and provide legal information immediately to the legally-aided person.
Article 33. Extrajudicial representation
1. Legal aid assistants, lawyers providing legal aid shall act as extrajudicial representatives before competent regulatory agencies for legally-aided persons.
2. Within 03 working days after receiving legally-aided persons' requests, legal aid-providing organizations shall appoint legal aid- providing persons to act as extrajudicial representatives for legally-aided persons.
The appointment of as extrajudicial representatives must be in written form and be sent to concerned legally-aided persons.
Article 34. Coordination in verifying legal aid-related cases
1. When it is necessary to verify details and events related to a legal aid-related case in another administrative division, the legal aid-providing organization which has accepted the case may request the legal aid-providing organization in that administrative to join in the verification. A verification request must be made in writing, clearly stating the contents needed to be verified and the deadline for reply.
2. The requested legal aid-providing organization shall carry out the verification within 10 days after receiving the request and send the verification results together with relevant documents and papers to the requesting legal aid-providing organization; if the verification cannot be carried out, the requested legal aid-providing organization shall provide an explanation in writing.
3. The verification requests, notices of verification results and relevant papers and documents must be filed in dossiers of legal aid-related cases.
Article 35. Transfer of legal aid request
1. In cases the legal aid request fails to satisfy the conditions specified in Point a and b Clause 1 Article 26 hereof, the state legal aid center shall transfer such legal aid request to competent state legal aid center and notify concerned legally-aided persons.
2. In cases of insufficient resources to provide legal aid service, the legal aid-providing organization shall transfer such legal aid request to state legal aid center at the province and notify concerned legally-aided persons.
Article 36. Recommendation in legal aid services
1. Through legal aid services, legal aid-providing organizations may make written recommendations to competent state agencies on matters related to the legal aid-related cases.
2. Within 30 days from receiving the recommendation, agencies that receive those recommendations shall, within the scope of their tasks and powers, respond in written form; If there is a plausible reason, the time limit may be extended but not more than 45 days, unless otherwise provided for by law.
3. If the received agency fails to respond within the time limit as prescribed in Clause 2 this Article, the legal aid-providing organization may request the direct superior agency of such agency for consideration and settlement.
Article 37. Discontinuation of the provision of legal aid services
1. Legal aid-related cases shall be discontinued in the following cases:
a) Cases of refusal according to the provisions of Clause 3, Article 30 of this Law;
b) The legally-aided person perform one of the acts prohibited prescribed in Clause 2 Article 6 hereof;
c) The legally-aided person withdraws his/her request for legal aid.
2. In cases of discontinuance of the provision or legal aid, the legal aid-providing organization or person shall notify the reason in writing to the legally-aided person.
3. If a legal aid-related case is being carried out but the legally-aided person no longer satisfies the provisions of Article 7 hereof, such case shall continue being carried out until the end.
Article 38. Dossiers of legal aid-related cases
1. When providing legal aid, legal aid-providing organizations and persons shall compile dossiers of legal aid-related cases.
2. The dossier of a legal aid-related case comprises:
a) Papers and documents according to the provisions of Clause 1, Article 29 of this Law;
b) The result, papers and documents related to the legal aid-related case;
c) Other papers and documents (if any).
Article 39. Archive of dossiers of legal aid-related cases
1. Within 30 days after finishing a legal aid-related case, the legal aid-providing person shall transfer the dossier to the legal aid-providing organization.
2. Documents and papers of legal aid-related cases must be registered, numbered and arranged in the order of date, month, year and archived according to the law.
3. The electronic dossiers of each legal aid-related case shall be digitized and updated to the legal aid-related case management system and archived in the database of legal aid.
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