Law on Legal Aid No. 11/2017/QH14

LAW

LEGAL AID

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Legal Aid Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on persons receiving legal aid; organizations implementing legal aid; persons providing legal aid; legal aid activities; responsibilities of agencies, organizations, and individuals towards legal aid activities.

Article 2. Legal Aid

Legal aid is the provision of free legal services to persons receiving legal aid in legal aid cases as prescribed by this Law, contributing to ensuring human rights and citizens' rights in accessing justice and equality before the law.

Article 3. Principles of Legal Aid Activities

1. Compliance with laws and professional rules of legal aid.

2. Timeliness, independence, honesty, respect for objective truth.

3. Protecting the best interests of the rights and legitimate interests of persons receiving legal aid.

4. Not charging money, material benefits, or other benefits from persons receiving legal aid.

Article 4. State Policy on Legal Aid

1. Legal aid is the responsibility of the State.

2. The State has policies to ensure the right to legal aid appropriate to economic and social conditions.

3. The State has policies to improve the quality of legal aid and attract resources to implement legal aid.

4. The State supports, encourages, recognizes, and honors agencies, organizations, and individuals participating and contributing to legal aid activities.

Article 5. Financial Sources for Legal Aid Work

1. Financial sources for legal aid work include state budget funds; contributions and sponsorships from domestic and foreign organizations and individuals, and other lawful sources.

For localities that have not yet achieved balanced budgets, priority should be given to allocating budget funds from the annual supplementary balanced budget to support complex and typical legal aid cases.

3. Funding for voluntary organizations' legal aid activities is self-funded by those organizations.

Article 6. Prohibited Acts in Legal Aid Activities

1. It is strictly prohibited for organizations implementing legal aid and persons providing legal aid to engage in the following acts:

a) Violating the honor, dignity, rights, and legitimate interests of persons receiving legal aid; discriminating against persons receiving legal aid;

b) Receiving or demanding any amount of money, material benefits, or other benefits from persons receiving legal aid; harassing persons receiving legal aid;

c) Disclosing information about legal aid cases, about persons receiving legal aid, except where the person receiving legal aid consents in writing or where otherwise provided by law;

d) Refusing or ceasing to provide legal aid, except as provided by this Law and procedural laws;

đ) Exploiting legal aid activities for personal gain, infringing upon national defense and security, causing disorder and disruption to social order and safety, adversely affecting societal morals;

e) Inciting or encouraging persons receiving legal aid to provide false information, file false complaints, accusations, or lawsuits contrary to the law.

2. It is strictly prohibited for persons receiving legal aid, agencies, organizations, and individuals related to legal aid activities to engage in the following acts:

a) Violating the health, life, honor, and dignity of persons providing legal aid and the reputation of organizations providing legal aid;

b) Intentionally providing false information or documents about legal aid cases;

c) Threatening, obstructing, or illegally interfering with legal aid activities; causing disturbances, disrupting order, seriously violating regulations at the place where legal aid is provided.

Chapter II

PERSONS RECEIVING LEGAL AID, RIGHTS AND OBLIGATIONS OF PERSONS RECEIVING LEGAL AID

1. Person who has rendered meritorious service to the revolution.

2. Person belonging to a poor household.

3. Children.

4. Ethnic minority person residing in areas with extremely difficult socio-economic conditions.

7. Persons falling under any of the following circumstances who have financial difficulties:

a) Father, mother, wife, husband, child of烈士，请提供更多的上下文信息或明确您的问题，以便我能够更好地帮助您。如果您是想继续之前的翻译任务或者其他法律相关的翻译工作，请告知具体内容。

b) Persons affected by Agent Orange.

c) Elderly persons;

d) Persons with disabilities.

e) Victims of domestic violence cases;

h) Persons infected with HIV.

The Government shall provide detailed regulations on the conditions of financial difficulties of persons eligible for legal aid stipulated in this clause in accordance with economic and social conditions.

Article 8. Rights of persons eligible for legal aid

1. To receive legal aid without having to pay money, material benefits, or other benefits.

3. To be informed about their right to legal aid, procedures, and formalities for legal aid when visiting organizations providing legal aid and relevant state agencies.

4. To request confidentiality regarding the content of legal aid matters.

5. To choose an organization providing legal aid and a legal aid provider in the locality from the published list; to request a change of the legal aid provider if they fall under any of the circumstances specified in Clause 1 and Clause 2, Article 25 of this Law.

6. To change or withdraw a legal aid request.

7. To be compensated for damages according to the provisions of the law.

8. To lodge complaints or reports about legal aid according to this Law and other related laws.

Article 9. Obligations of persons eligible for legal aid

1. To provide documents proving eligibility for legal aid.

2. To cooperate, promptly and fully provide information, documents, evidence related to the legal aid matter and bear responsibility for the accuracy of such information, documents, and evidence.

3. To respect the organization providing legal aid, the legal aid provider, and other organizations, individuals involved in the legal aid matter.

4. Not to request another organization providing legal aid to assist them in the same matter that is being handled and resolved by an organization providing legal aid.

5. To comply with the law on legal aid and internal rules of the place where legal aid is provided.

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 organizations participating in legal aid.

Article 11. State Legal Aid Center

1. The State Legal Aid Center is a public service unit directly under the Department of Justice, established by the Provincial People's Committee, having legal personality, seal, office, and separate bank account.

Branches are subordinate units of the State Legal Aid Center, established in districts in areas with particularly difficult economic and social conditions, inconvenient transportation to the State Legal Aid Center, and lacking law firms or legal counseling organizations participating in legal aid. The State Legal Aid Center is responsible for all activities of its Branches. Based on local needs and actual conditions, the Chairman of the Provincial People's Committee decides to establish Branches of the State Legal Aid Center.

Article 12. Organizations participating in legal aid

1. Organizations participating in legal aid include organizations that sign contracts to implement legal aid and organizations that register to participate in legal aid.

2. Organizations signing contracts to implement legal aid include law firms and legal advisory organizations that enter into contracts with the Department of Justice to implement legal aid as provided for in this Law.

3. Organizations registering to participate in legal aid include law firms and legal advisory organizations that register to participate in legal aid as provided for in this Law.

Article 13. Rights and obligations of organizations implementing legal aid

1. Organizations implementing legal aid have the following rights and obligations:

a) Implementing legal aid;

b) Requesting relevant agencies and organizations to cooperate, provide information and documents related to legal aid cases;

c) Compensating for damages caused by their own members' fault while implementing legal aid;

d) Implementing statistical, reporting, and communication systems on legal aid;

đ) Resolving complaints as stipulated in Clause 2, Article 45 of this Law;

e) Making recommendations to competent state agencies regarding issues related to the resolution of legal aid cases.

2. State Legal Aid Centers have the following rights and obligations:

a) The rights and obligations as stipulated in Clause 1 of this Article;

b) Performing other tasks authorized or requested by state management agencies responsible for legal aid.

3. Organizations signing contracts to implement legal aid have the following rights and obligations:

a) The rights and obligations as stipulated in Clause 1 of this Article;

b) Receiving remuneration and expenses for implementing legal aid cases as prescribed by the Government;

c) Other rights and obligations according to the legal aid implementation contract.

4. Organizations registering to participate in legal aid have the following rights and obligations:

a) The rights and obligations as stipulated in Clause 1 of this Article;

b) Implementing legal aid according to the registered content.

Article 14. Contracts for implementing legal aid

1. Contracts for implementing legal aid are signed between the Department of Justice and law firms, legal advisory organizations, and between State Legal Aid Centers and lawyers, legal aid volunteers regarding the implementation of legal aid as prescribed by civil law.

2. Based on requests for legal aid and local realities, the Department of Justice selects and signs contracts for implementing legal aid with organizations willing and meeting the following conditions:

a) Having registered fields of operation consistent with the fields of legal aid as prescribed by this Law;

b) Being a law firm or legal advisory organization with at least one legal advisor having two years or more experience in legal advice or one lawyer working regularly at the organization;

c) Having appropriate facilities for legal aid activities;

d) Not currently under administrative penalty enforcement for violations in the practice of law or legal advice.

3. State Legal Aid Centers base on the demand for legal aid and local resources for implementing legal aid select and sign contracts for implementing legal aid with lawyers meeting the following conditions:

a) Not currently under administrative penalty enforcement for violations in the practice of law;

b) Not prohibited from practicing or restricted in professional activities by a competent authority's decision;

c) Not currently being pursued for criminal responsibility;

d) Having written consent from the law firm where the lawyer works or the agency or organization with which the lawyer has signed a labor contract.

4. State Legal Aid Centers select and sign contracts for implementing legal aid with legal aid volunteers as prescribed in Article 24 of this Law.

5. Organizations and individuals who have committed acts strictly prohibited as stipulated in Clause 1, Article 6 of this Law shall not be selected or contracted for legal aid implementation for at least two years from the date of violation conclusion.

6. The Minister of Justice shall provide detailed regulations on this matter.

Article 15. Registration to participate in providing legal aid

1. Organizations practicing law and legal counseling organizations voluntarily providing legal aid with their own resources shall register to participate in providing legal aid as follows:

a) Law practice organizations meeting the conditions stipulated at points a, c, and d, Clause 2, Article 14 of this Law;

b) Legal counseling organizations meeting the conditions stipulated at points a, c, and d, Clause 2, Article 14 of this Law and having at least one legal counselor with two years of experience in legal counseling or one lawyer working regularly at the organization.

2. Law practice organizations and legal counseling organizations participating in providing legal aid shall register the scope, form, field, and target of legal aid with the Department of Justice where they have been issued the Business Registration Certificate.

3. The Minister of Justice shall prescribe the procedures for registering to participate in providing legal aid.

Article 16. Termination of Providing Legal Aid by Participating Organizations

1. An organization that has signed a contract to provide legal aid shall terminate providing legal aid when it falls under one of the following circumstances:

a) No longer meeting one of the conditions for signing a contract to provide legal aid as stipulated in Clause 2, Article 14 of this Law;

b) Terminating according to the legal aid provision contract;

c) Providing legal aid causing serious consequences;

d) Ceasing operations as prescribed by law.

2. An organization registered to participate in providing legal aid shall terminate providing legal aid when it falls under one of the following circumstances:

a) No longer meeting one of the conditions for registering to participate in providing legal aid as stipulated in Clause 1, Article 15 of this Law;

b) Voluntarily terminating participation in providing legal aid after notifying in writing the Department of Justice where it registered to participate in providing legal aid;

c) Not providing legal aid for a continuous period of two years, except in cases due to objective reasons;

d) Providing legal aid causing serious consequences;

đ) Ceasing operations as prescribed by law.

3. When terminating providing legal aid, the organization participating in providing legal aid shall be responsible for notifying in writing the Department of Justice about the termination of providing legal aid and transferring incomplete case files to the organization assigned by the Department of Justice to continue handling.

Chapter IV

PERSONS PROVIDING LEGAL AID, RIGHTS AND OBLIGATIONS OF PERSONS PROVIDING LEGAL AID

Article 17. Persons Providing Legal Aid

1. Persons providing legal aid include:

a) Legal aid counselors;

b) Lawyers providing legal aid under a contract with the State Legal Aid Center; lawyers providing legal aid under the assignment of an organization participating in providing legal aid;

c) Legal counselors with two years of experience in legal counseling working at an organization participating in providing legal aid;

d) Legal aid cooperators.

Article 18. Rights and Obligations of Persons Providing Legal Aid

1. Persons providing legal aid have the following rights and obligations:

a) Implementing legal aid;

b) Ensuring independent provision of legal aid, not being threatened, obstructed, harassed, or illegally interfered with;

c) Refusing or ceasing to provide legal aid in cases stipulated in Clause 1 and Clause 2, Article 25, Clause 1, Article 37 of this Law, and according to the regulations on litigation procedures;

d) Receiving training and professional skill development for legal aid;

đ) Ensuring the quality of legal aid cases;

e) Adhering to the principles of legal aid activities;

g) Strictly complying with internal rules at the place of legal aid provision;

h) Compensating or refunding a sum of money to the organization providing legal aid for losses caused by their fault during the provision of legal aid as prescribed by law.

2. Legal aid counselors have the following rights and obligations:

a) The rights and obligations stipulated in Clause 1 of this Article;

b) Participating in mandatory training courses to enhance knowledge and skills in legal aid professional fields;

c) Performing other tasks as assigned;

3. Lawyers and legal aid cooperators who sign contracts to provide legal aid with the State Legal Aid Center shall receive remuneration and costs for legal aid cases as prescribed.

4. The Government shall specify details of point d, Clause 2, and Clause 3 of this Article.

Vietnamese citizens who are state legal aid center employees and meet the following criteria may become legal aid assistants:

1. Possess good moral character;

2. Hold a bachelor's degree in law or higher;

3. Have completed lawyer vocational training or been exempted from such training; have undergone a period of lawyer practice internship or legal aid assistant internship;

4. Have health sufficient to perform legal aid assistance;

5. Are not currently undergoing disciplinary action.

Article 20. Legal Aid Assistant Internship

1. State legal aid center employees with a Certificate of Graduation from Lawyer Vocational Training or exempted from such training according to the Lawyers Law regulations are eligible for legal aid assistant internships at state legal aid centers.

The legal aid assistant internship lasts for 12 months. The state legal aid center assigns legal aid assistants to guide the legal aid assistant interns and confirm their internship. The guiding legal aid assistant must have at least three years of experience as a legal aid assistant. At any given time, one legal aid assistant cannot guide more than two interns.

2. Legal aid assistant interns can assist guiding legal aid assistants in professional activities but are not allowed to represent, defend, or protect the legitimate rights and interests of assisted persons in court proceedings; nor can they sign legal consultation documents.

Legal aid assistant interns can meet with assisted persons and other parties involved in legal aid cases when consented by the person, assist guiding legal aid assistants in reviewing case files, collecting evidence and materials related to the case, and other professional activities. The guiding legal aid assistant monitors and is responsible for the activities of the legal aid assistant intern as stipulated herein.

3. Persons eligible for exemption or reduction in the duration of lawyer practice internship according to the Lawyers Law regulations are also eligible for exemption or reduction in the duration of legal aid assistant internship.

4. The Minister of Justice shall provide detailed regulations on legal aid assistant internships, examination of internship results, and the format of the Certificate of Examination Results for Legal Aid Assistant Internships.

1. The Director of the State Legal Aid Center compiles a list of employees working at the Center who meet the standards set forth in Article 19 of this Law and submits it to the Department of Justice for appointment and issuance of legal aid assistant cards. Within five working days from receiving the list of proposed appointees, the Director of the Department of Justice prepares a dossier to submit to the Chairman of the Provincial People's Committee.

2. The dossier for legal aid assistant appointment includes:

a) A document from the Director of the Department of Justice proposing the appointment of a legal aid assistant;

b) A brief resume of the proposed appointee;

c) Two color passport-sized photographs measuring 2 cm x 3 cm;

d) Certified copies of the Bachelor’s, Master’s, or Doctorate Degree in Law;

đ) Certified copies of the Certificate of Examination Results for Lawyer Practice Internship or Legal Aid Assistant Internship; in cases where legal aid assistant internship is exempted, certified copies of documents proving the exemption from legal aid assistant internship are required;

e) Health certificate.

3. Individuals previously relieved of duty or had their legal aid assistant card revoked according to points a, c, and e of Clause 1, Article 22 of this Law may be considered for reappointment and issuance of a legal aid assistant card if they meet the legal aid assistant standards set forth in this Law and the reasons for relief or revocation no longer exist.

4. Within fifteen days from receiving the dossier, the Chairman of the Provincial People's Committee will review and decide on the appointment and issuance of the legal aid assistant card; in case of rejection, a written notification with specific reasons must be provided.

1. A legal aid assistant shall be dismissed and their legal aid assistant card revoked if they fall under any of the following circumstances:

a) No longer meeting the criteria to be a legal aid assistant as stipulated in Article 19 of this Law;

b) Being disciplined with the measure of being compelled to leave the job;

c) Transferring to another job or leaving voluntarily;

d) Not participating in litigation proceedings for a continuous period of two years, except for reasons beyond their control;

đ) Being disciplined with a warning from the second time onwards or demotion due to actions specified in points a, b, đ, or e of Clause 1, Article 6 of this Law;

e) Being prohibited from practicing for a certain period according to the decision of the competent authority.

2. The Director of the Department of Justice shall prepare a dossier to submit to the Chairman of the Provincial People's Committee to decide on dismissal and revocation of the legal aid assistant card for individuals falling under any of the circumstances specified in Clause 1 of this Article.

3. The dossier for requesting dismissal and revocation of the legal aid assistant card includes:

a) A document from the Director of the Department of Justice requesting dismissal and revocation of the legal aid assistant card;

b) Documents and evidence proving that the legal aid assistant falls under any of the circumstances specified in Clause 1 of this Article.

4. Within fifteen days from the date of receiving the request dossier, the Chairman of the Provincial People's Committee shall issue a decision on dismissal and revocation of the legal aid assistant card.

1. Individuals who have been issued a legal aid assistant card may have it reissued if it is lost or damaged.

2. Individuals requesting reissuance of a legal aid assistant card shall submit a request to the Director of the State Legal Aid Center. Upon receipt of the request for reissuance of the legal aid assistant card, the Director of the State Legal Aid Center shall prepare a dossier to submit to the Director of the Department of Justice.

3. The dossier for requesting reissuance of a legal aid assistant card includes:

a) A request for reissuance of the legal aid assistant card;

b) Two color passport-sized photographs measuring 2 cm x 3 cm;

c) The damaged legal aid assistant card or confirmation from the Director of the State Legal Aid Center in case the card is lost.

4. Within three working days from the date of receiving the request dossier, the Director of the Department of Justice shall present to the Chairman of the Provincial People's Committee for issuance of a decision to reissue the legal aid assistant card.

5. Within five working days from the date of receiving the request dossier, the Chairman of the Provincial People's Committee shall issue a decision to reissue the legal aid assistant card.

1. In areas with particularly difficult socio-economic conditions, based on the need for legal aid among the people and actual conditions at the locality, the Director of the State Legal Aid Center may propose to the Director of the Department of Justice to issue a legal aid collaborator card to individuals meeting the conditions stipulated in Clause 2 of this Article.

2. Retired individuals with full civil capacity, good moral character, good health, and a willingness to provide legal aid can become legal aid collaborators, including: legal aid assistants; judges, judicial officers of the Court; prosecutors, investigating officers of the Procuracy; investigators; enforcement officers, judicial officers of civil enforcement; legal officers working in state agencies.

3. The Director of the State Legal Aid Center shall enter into a contract for providing legal aid with individuals holding a legal aid collaborator card to provide legal advice in the locality.

The Director of the State Legal Aid Center may propose to the Director of the Department of Justice to revoke the legal aid collaborator card of individuals who do not provide legal aid for a continuous period of two years, except for reasons beyond their control.

4. The Government shall specify in detail the participation of collaborators in legal aid.

Article 25. Cases where legal aid shall not be continued or must be refused

1. A person providing legal aid shall not continue to provide legal aid if they fall under any of the following circumstances:

a) Committing a prohibited act as stipulated in Clause 1, Article 6 of this Law, except in cases where they have completed the form of administrative sanction and are eligible to provide legal aid according to this Law;

b) Having their legal aid provider card, legal aid collaborator card, lawyer's practice certificate, or legal advisor card revoked;

c) Being barred from participating in litigation proceedings as prescribed by laws on procedural matters.

2. A person providing legal aid must refuse to handle a legal aid case if they fall under any of the following circumstances:

a) Already or currently providing legal aid for a beneficiary who has conflicting interests with another party in the same case, except in cases of legal consultation or representation outside litigation in civil matters where the parties have agreed otherwise;

b) There is evidence indicating that the person providing legal aid may not be impartial in providing legal aid;

c) There are reasons showing that it is impossible to effectively carry out the legal aid case, affecting the rights and legitimate interests of the beneficiary.

3. The organization providing legal aid must notify in writing and specify the reasons to the beneficiary and assign another person to provide legal aid in the cases stipulated in Clauses 1 and 2 of this Article.

Chapter V

SCOPE, FIELD, FORM AND ACTIVITIES OF LEGAL AID

Article 26. Scope of Legal Aid Provision

1. State Legal Aid Centers provide legal aid in any of the following cases:

a) The beneficiary resides in the locality;

b) The legal aid case occurs in the locality;

c) The legal aid case is requested by a central authority responsible for legal aid.

2. An organization contracted to provide legal aid provides legal aid within the scope of the contract.

3. An organization registered to participate in legal aid provides legal aid within the scope of registration.

Article 27. Field and Form of Legal Aid

1. Legal aid is provided in various fields of law, excluding business and commercial fields.

2. Forms of legal aid include:

a) Participation in litigation;

b) Legal counseling;

c) Representation outside litigation.

Article 28. Location for Receiving Beneficiaries of Legal Aid

1. The organization providing legal aid arranges a location at its headquarters or elsewhere outside its headquarters to facilitate easy and convenient presentation of requests.

2. At the headquarters of the organization providing legal aid, schedules for receiving beneficiaries and rules for receiving them must be posted.

1. When requesting legal aid, the applicant must submit an application file to the organization providing legal aid, including:

a) A request for legal aid;

b) Documents proving the applicant's eligibility for legal aid;

c) Relevant documents and materials related to the legal aid case.

2. The submission of the application file for legal aid is carried out as follows:

a) In cases where the application is submitted directly at the headquarters of the organization providing legal aid, the applicant submits the documents and materials specified in points a and c of Clause 1 of this Article; presents the original or submits a certified copy of the document proving eligibility for legal aid;

If the applicant cannot write the request themselves, the person receiving the request is responsible for recording the contents in the application form for the applicant to read or hear and sign or affix their fingerprint on the form;

b) In cases where the application file is sent through postal services, the applicant submits the documents and materials specified in points a and c of Clause 1 of this Article, and a certified copy of the document proving eligibility for legal aid;

c) In cases where the application file is sent via fax or electronic means, when meeting the person providing legal aid, the applicant must present the original or submit a certified copy of the document proving eligibility for legal aid.

1. A request for legal aid shall only be accepted when there is a specific case directly related to the rights and legitimate interests of the person receiving legal aid as stipulated in Article 7 and in accordance with the provisions of this Law.

2. The person receiving the request must examine the contents related to the request for legal aid and immediately inform the requester whether the file meets the conditions for acceptance or needs to supplement relevant documents.

3. An organization providing legal aid must refuse to accept and notify the requester in writing of the reasons when it falls under any of the following circumstances:

a) The request for legal aid does not meet the provisions of Clause 1 of this Article;

b) The request for legal aid contains content contrary to the law;

c) The person receiving legal aid has died;

d) The case is being handled by another organization providing legal aid.

4. In cases where the requester cannot provide all the files as prescribed in Clause 1 of Article 29 of this Law but immediate legal aid is necessary due to the statute of limitations for filing a lawsuit approaching, the trial date approaching, or to prevent damage to the rights and legitimate interests of the person receiving legal aid, the person receiving the request shall report to the head of the organization providing legal aid and immediately accept the case, while guiding the requester to supplement the necessary documents.

Article 31. Participation in Litigation

1. Legal aid officers and lawyers providing legal aid participate in litigation as defense counsel or representatives of the rights and legitimate interests of the person receiving legal aid in accordance with this Law and the laws on procedure.

2. When the person receiving legal aid requests the assignment of a person to participate in litigation, within three working days from the date of accepting the case, the organization providing legal aid is responsible for assigning a person to provide legal aid.

In cases where the person receiving legal aid is a detainee or a person under temporary detention requesting the assignment of a person to provide legal aid, within twelve hours from the time of accepting the case, the organization providing legal aid is responsible for assigning a person to provide legal aid.

3. Within twelve hours from the time of receiving a request for legal aid from a detainee or a person under temporary detention, or within twenty-four hours from the time of receiving a request for legal aid from a suspect, defendant, or victim who is entitled to legal aid under the laws on procedure, the competent authority or person authorized to conduct litigation is responsible for notifying the State Legal Aid Center at the local level. Upon receipt of the notification from the competent authority or person authorized to conduct litigation, the State Legal Aid Center is responsible for accepting the case in accordance with Clause 4 of Article 30 of this Law and assigning a person to participate in litigation.

4. The assignment of a person to participate in litigation must be recorded in writing and sent to the person receiving legal aid and the relevant litigation authority.

1. The person providing legal aid shall provide legal consultation to the beneficiary through guidance, offering opinions, and assisting in drafting documents related to disputes, complaints, and legal issues; guiding parties to mediate, negotiate, and reach a resolution on the matter.

2. Within ten days from the date of accepting the case or receiving all necessary documents and materials, the person providing legal aid shall be responsible for researching and responding in writing to the beneficiary; for complex cases requiring verification time, this period may be extended up to thirty days, except where otherwise agreed with the beneficiary.

In cases where the request for legal aid involves simple legal issues, the recipient shall be immediately guided, answered, and provided with legal information.

1. Legal aid officers and lawyers shall represent beneficiaries outside litigation before competent state agencies.

2. Within three working days from the date of accepting the legal aid case, the organization providing legal aid shall be responsible for appointing a representative outside litigation for the beneficiary.

The appointment of a representative outside litigation must be documented and sent to the beneficiary.

1. When it is necessary to verify circumstances and events related to a legal aid case in another locality, the organization that has accepted the case shall request the relevant legal aid organization to coordinate in conducting the investigation. The request for verification must be in writing, specifying the content to be verified and the deadline for response.

2. The organization requested to verify shall be responsible for conducting the verification within ten days from the date of receipt of the request and sending the results in writing along with relevant documents and materials to the requesting legal aid organization; if it is not possible to verify the content as requested, a written response explaining the reasons must be provided.

3. The verification request document, the notification of the results of implementation, and relevant documents and materials must be kept in the legal aid case file.

1. If a legal aid request does not meet the conditions stipulated in point a and point b of Clause 1, Article 26 of this Law, the State Legal Aid Center shall transfer the legal aid request to the competent State Legal Aid Center and notify the requester.

1. During the provision of legal aid, the organization providing legal aid shall make recommendations in writing to the competent state agency regarding issues related to resolving legal aid cases.

2. Within thirty days from the date of receipt of the recommendation, the agency receiving the recommendation within its scope of duties and powers shall be responsible for responding in writing; if there are valid reasons, the response period may be extended up to forty-five days, except where otherwise provided by law.

3. If the agency receiving the recommendation fails to respond within the time limit specified in Clause 2 of this Article, the organization providing legal aid shall have the right to recommend the superior agency of that agency to consider and resolve the issue.

Article 37. Suspension of Legal Aid Cases

1. A legal aid case shall not be continued when it falls under any of the following circumstances:

a) The case must be refused according to the provisions of Clause 3, Article 30 of this Law;

b) The beneficiary of legal aid commits one of the prohibited acts stipulated in Clause 2, Article 6 of this Law;

c) The beneficiary of legal aid withdraws their request for legal aid.

2. In cases where legal aid is suspended, the organization implementing legal aid or the person providing legal aid must notify in writing and specify the reasons to the beneficiary of legal aid.

3. If the legal aid case is being implemented but the beneficiary of legal aid no longer meets the requirements set forth in Article 7 of this Law, the case shall continue until completion.

1. When implementing legal aid, the organization implementing legal aid or the person providing legal aid shall be responsible for establishing the case file of the legal aid case.

2. The case file of a legal aid case shall include:

a) Documents and materials as prescribed in Clause 1, Article 29 of this Law;

b) Related documents and papers and results of the implementation of legal aid;

c) Other documents and materials (if any).

Article 39. Storage of Case Files of Legal Aid Cases

1. Within thirty days from the date of conclusion of the case, the person providing legal aid must hand over the case file of the legal aid case to the organization implementing legal aid.

2. Documents and materials in the case file of a legal aid case must be recorded, numbered in sequence, arranged in chronological order, and stored in accordance with the law.

3. The electronic file of each legal aid case shall be digitized, updated into the legal aid case management system, and stored in the legal aid database.

Chapter VI

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS FOR LEGAL AID ACTIVITIES

1. The Government shall uniformly manage state administration of legal aid.

2. The Ministry of Justice is the lead agency assisting the Government in managing state administration of legal aid and has the following tasks and powers:

a) To take the lead in drafting, promulgating, or submitting to competent state agencies for promulgation normative legal documents on legal aid;

b) To draft, promulgate, or submit to competent authorities for promulgation strategies and plans for developing legal aid and organize their implementation;

d) To guide, organize, and monitor the implementation of normative legal documents on legal aid;

đ) To organize training, capacity building, and professional skill training for persons providing legal aid;

g) To inspect and supervise the implementation of legal aid activities; commend, discipline, and handle violations in legal aid activities;

h) To receive support and contributions from organizations and individuals for legal aid work;

i) To implement international cooperation on legal aid.

3. Ministries and ministerial-level agencies within the scope of their assigned tasks and powers shall have the responsibility to coordinate with the Ministry of Justice in state management and the organization of legal aid implementation.

4. Provincial People's Committees within the scope of their assigned tasks and powers shall manage state administration of legal aid at the local level; ensure working conditions for State Legal Aid Centers.

1. The Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense shall be responsible for organizing and implementing this Law within their respective systems of subordinate agencies.

2. Within the scope of their duties and powers, litigation authorities shall be responsible for coordinating and creating conditions for persons entitled to legal aid to enjoy legal aid rights, and for creating conditions for legal aid providers to participate in litigation in accordance with the provisions of the law.

During the process of handling cases involving citizens, if the citizen is eligible for legal aid, state authorities shall be responsible for explaining the right to legal aid and referring them to organizations providing legal aid.

Article 43. Responsibilities of Social and Professional Organizations of Lawyers

1. The Vietnam Bar Federation shall be responsible for coordinating with the Ministry of Justice in managing and supervising the implementation of legal aid by lawyer organizations and lawyers in accordance with the provisions of this Law.

2. Provincial and centrally-administered city bar associations shall be responsible for coordinating with provincial Departments of Justice in managing and supervising the implementation of legal aid by lawyer organizations and lawyers in accordance with the provisions of this Law.

Article 44. Responsibilities of the Management Organization of Legal Consultation Organizations

The management organization of legal consultation organizations shall be responsible for coordinating with competent state management authorities on legal aid in managing and supervising the implementation of legal aid by legal consultation organizations and legal consultants in accordance with the provisions of this Law.

Chapter VII

SETTLEMENT OF COMPLAINTS, REPORTS AND DISPUTES

Article 45. Settlement of Complaints and Reports

1. Persons entitled to legal aid have the right to lodge complaints against the following actions of legal aid implementing organizations and legal aid providers when there is evidence that such actions violate the law and infringe upon their legitimate rights and interests:

a) Refusal to accept legal aid cases;

b) Failure to provide legal aid;

c) Provision of legal aid not in accordance with the law;

d) Unauthorized change of legal aid provider.

Within fifteen days from the date of receipt of the complaint, the Department of Justice Director shall be responsible for resolving the complaint. The decision to resolve the complaint by the Department of Justice Director shall be binding. If the complainant disagrees with the decision of the Department of Justice Director or if the complaint remains unresolved beyond the time limit, the complainant may file a lawsuit with the court.

4. Individuals have the right to report violations of this Law to competent state authorities. The filing and resolution of reports shall be carried out in accordance with the law on reports.

Article 46. Dispute Resolution

1. In cases where disputes arise between the person receiving legal aid and the legal aid officer, legal advisor, legal aid collaborator, State Legal Aid Center, or related legal advisory organization concerning the provision of legal aid, such disputes shall be resolved in accordance with the provisions of civil law.

2. In cases where disputes arise between the person receiving legal aid and the lawyer or law firm concerning the provision of legal aid, such disputes shall be resolved in accordance with the provisions of the Lawyers Law and other relevant laws.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 47. Effective Date

1. This Law takes effect from January 1, 2018.

2. The Legal Aid Law No. 69/2006/QH11 ceases to be effective from the date this Law comes into force.

Article 48. Transitional provisions

1. From the date this Law takes effect, those appointed as legal aid officers under the Legal Aid Law No. 69/2006/QH11 shall continue their activities in accordance with this Law; five years from the date this Law takes effect, those appointed as legal aid officers without a Certificate of Graduation from Lawyer Training shall have their legal aid officer cards revoked.

2. Within one year from the date this Law takes effect, organizations participating in legal aid and individuals participating in legal aid under the Legal Aid Law No. 69/2006/QH11 must meet the requirements of this Law; if they fail to meet these requirements, their participation in legal aid will be terminated and the ongoing case files will be transferred to the State Legal Aid Center at the place of registration for continued processing.

3. Legal aid cases that are being processed under the Legal Aid Law No. 69/2006/QH11 and have not been concluded by the date this Law takes effect shall continue to be processed according to the provisions of the Legal Aid Law No. 69/2006/QH11 until completion.

4. Within one year from the date this Law takes effect, the People's Committee of each province shall review the branches of the State Legal Aid Center established locally based on the need for legal aid, implementation resources, and operational effectiveness, and report to the Ministry of Justice for unified decisions regarding the maintenance, merger, or dissolution of the branches of the State Legal Aid Center.

  This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, 14th term, third session, on June 20, 2017.