Legal aid is one of the policies to ensure the rights and interests of people in accessing justice, and fairness in trials and litigation when people do not have enough financial capacity to hire a lawyer. In the article below, Viet An Law will answer your questions about the subjects eligible for free legal aid according to the provisions of the Law on Legal Aid 2017 and current guidelines.
Table of contents
According to Article 2 of the Law on Legal Aid 2017, it is stipulated that:
“Legal aid means the provisions of legal services free of charge to legally-aided persons in a legal aid-related case following this Law, contributing to the assurance of human rights and citizenship in the access to justice and equality before the law.”
Thus, legal aid is a free legal service that people receiving legal aid enjoy to ensure equal rights in accessing the law for people.
Pursuant to Article 7 of the Law on Legal Aid 2017, there are 7 groups of subjects receiving legal aid, including:
No | Object | Detail |
1 | People with revolutionary contributions:
– Revolutionary activist before January 1, 1945 – Revolutionary activist from January 1, 1945 – before the General Uprising on August 19, 1945 – Martyrs – Vietnamese Heroic Mother – Hero of the People’s Armed Forces – Hero of Labor – War invalids, people enjoying policies like war invalids – Sick soldier – Resistance fighters infected with toxic chemicals – Revolutionary and resistance activists were imprisoned and exiled by the enemy. – People who fight for national liberation, protect the nation and fulfill international obligations. – People who helped the revolution. |
Detailed regulations in Ordinance on preferential treatment for people with revolutionary contributions No. 02/2020/UBTVQH14 |
2 | Poor people | |
3 | Children | Under 16 years old |
4 | Ethnic minorities reside in areas with particularly difficult socio-economic conditions. | For example: Truong Sa and Hoang Sa island districts; DK1; communes in region III in ethnic minority and mountainous areas, especially disadvantaged island communes… |
5 | The accused is from 16 years old to under 18 years old. | |
6 | The accused is from a near-poor household. | |
7 | People in one of the following cases have financial difficulties :
– Father, mother, wife, husband, children of martyrs, and people who raised martyrs when they were children – People infected with Agent Orange – Senior Citizen – People with disabilities – A person from 16 years old to under 18 years old is a victim in a criminal case. – Victim of domestic violence – Victims of human trafficking – HIV-infected person |
Financial hardship conditions have been stipulated in Article 2 of Decree No. 144/2017/ND-CP of the Government detailing several articles of the Law on Legal Aid 2017: “A person belonging to a near-poor household or a person receiving monthly social benefits according to the provisions of law”. |
Thus, it can be seen that the subjects who are entitled to legal aid according to the provisions of the law are those who often have financial difficulties and cannot afford to hire lawyers when facing legal problems. The regulation of the right to free legal aid for these special subjects aims to balance the legitimate rights they enjoy and demonstrate the humanity of the law of the socialist rule of law state of Vietnam.
Receiving legal aid without having to pay money, material benefits, or other benefits is one of the most important rights of subjects receiving free legal aid as prescribed by law.
Legal aid is provided in three forms:
This is an extremely important activity to protect the legitimate rights and interests of people receiving legal aid, especially those accused in criminal cases. Therefore, it is necessary to ensure that people receiving legal aid exercise their rights.
Legal aid providers are entities established and recognized by the State to implement and perform tasks related to legal aid for beneficiaries. Pursuant to Article 1 of the Law on Legal Aid 2017, legal aid providers include:
It should be noted that, to receive legal aid, the above entities must register. If they meet the criteria, they will be published in the list of legal aid providers of the Department of Justice posted at the local headquarters and on the website.
To request legal aid, the legal aid beneficiary submits a request dossier at the headquarters of the legal aid organization. Pursuant to Clause 1, Article 29 of the Law on Legal Aid 2017, the legal aid request dossier includes:
Object | Proof of documents |
People with revolutionary contributions | One of the following documents:
– Decision of competent authority to recognize a person with revolutionary merit according to the provisions of the Ordinance on preferential treatment for people with revolutionary merit – Decision to confer the title of Heroic Vietnamese Mother, Hero of the People’s Armed Forces, and Hero of Labor during the resistance war period – Resistance Medal, Resistance Medal, Certificate of Heroic Vietnamese Mother, Certificate of Hero, Certificate of Merit to the Nation – The decision on subsidies and allowances issued by competent authorities determines that the person has contributed to the revolution according to the provisions of law on preferential treatment for people with contributed to the revolution. – Decision or certificate of war invalids, beneficiaries of policies such as war invalids, sick soldiers, diseases caused by chemical poisoning, resistance fighters infected with chemical poisoning – Commemorative Medal of the Fatherland in recognition of those who have contributed to the revolution, Certificate of revolutionary activists before January 1, 1945, Certificate of revolutionary activists from January 1, 1945, to the August 1945 uprising, Victory Medal, Victory Medal |
Poor people | Certificate of poverty |
Children | One of the following documents:
– Birth certificate, identity card, citizen identification card, passport; – Document of the prosecuting agency identifying the person requesting legal aid as a child; – Document of the competent authority on the application of administrative handling measures or administrative sanctioning identifies the person requesting legal aid as a child. |
Ethnic minorities residing in areas with particularly difficult socio-economic conditions | One of the following documents:
– Legal documents issued by competent authorities identifying the person named as an ethnic minority and his/her place of residence; – Document of the prosecuting agency identifying the person requesting legal aid as an ethnic minority and that person’s place of residence. |
The accused is from 16 years old to under 18 years old. | Document of the prosecuting agency identifying the person requesting legal aid as the accused from 16 years old to under 18 years old. |
The accused is from a near-poor household. | – Certificate of near-poor household;
– Document of the prosecuting agency identifying the person requesting legal aid as the accused. |
The father, mother, wife, husband, children of martyrs, and those who raised the martyrs when they were young and had financial difficulties | – Certificate of near-poor household or decision to receive a monthly social allowance or decision to accept the subject for care and nurturing at a social house or social protection facility;
– Decision of competent authority on preferential allowance, death allowance for father, mother, wife, husband, children of martyrs and people who raised martyrs when they were young or Martyr’s family certificate, Certificate of merit from the Fatherland with the martyr’s name attached with documents proving the family relationship with the martyr. |
People infected with Agent Orange have financial difficulties. | – Documents specified in Point a, Clause 7 of this Article;
– Decision on preferential allowances for children of resistance fighters infected with toxic chemicals or Certificate of illness, deformity, or disability due to exposure to toxic chemicals |
Seniors with financial difficulties | One of the following documents:
– Decision on receiving monthly social allowance; Decision on receiving subjects for care and nurturing at social houses and social protection facilities; – Certificate of near-poor household with legal documents issued by a competent authority confirming that the person named in the certificate is elderly. |
People with disabilities have financial difficulties. | One of the following documents:
– Certificate of near-poor household with Certificate of Disability issued by competent authority; – Decision on receiving monthly social allowance; Decision on receiving subjects for care and nurturing at social houses and social protection facilities. |
Persons from 16 years old to under 18 years old who are victims in criminal cases and have financial difficulties | – Certificate of near-poor household or decision to receive a monthly social allowance or decision to accept the subject for care and nurturing at a social house or social protection facility;
– Document of the prosecuting agency identifying the person requesting legal aid as a victim and between 16 and under 18 years of age. |
Victims of domestic violence have financial difficulties | One of the following documents:
– Decision to admit victims of domestic violence into social housing and social protection facilities; – Certificate of near-poor household with one of the following documents: Certificate from a medical facility on examination and treatment of injuries caused by domestic violence; Decision to prohibit the perpetrator of domestic violence from contacting the victim of domestic violence; Decision to handle administrative violations against the perpetrator of domestic violence. |
Victims of human trafficking as prescribed by the Law on Prevention and Combat of Human Trafficking who have financial difficulties | – Certificate of near-poor household or decision to receive a monthly social allowance or decision to accept the subject for care and nurturing at a social house or social protection facility;
– Papers and documents certifying victims as prescribed in Article 28 of the Law on Prevention and Combat of Human Trafficking. |
People with HIV have financial difficulties. | – Certificate of near-poor household or decision to receive a monthly social allowance or decision to accept the subject for care and nurturing at a social house or social protection facility;
– Certificate issued by a competent authority confirming that the person is HIV positive. |
The legal aid organization shall refuse the person requesting assistance in one of the following cases:
Above is all the information about the subjects eligible for free legal aid in Vietnam. For clients who need advice on legal issues, please contact Viet An Law for the best support.
In Hanoi: (+84) 9 61 67 55 66
(Zalo, Viber, Whatsapp, Wechat)
WhatsApp Chat
In Hochiminh: (+84) 9 61 67 55 66
(Zalo, Viber, Whatsapp, Wechat)
WhatsApp Chat