LEGAL AID IN VIETNAM Vu Thi Huong Deputy Director National Legal Aid Agency Vietnam. Bangkok, 18 th August 2016.

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Presentation transcript:

LEGAL AID IN VIETNAM Vu Thi Huong Deputy Director National Legal Aid Agency Vietnam. Bangkok, 18 th August 2016

Main contents Legal framework Legal aid system Achievements Challenges Developments ( )

LEGAL AID FRAMEWORK Decision 734/QD-TTg dated 6 th Seb Law on Legal Aid 2006 and subordinate documents Other laws relating to legal aid: Law on persons with disabilities 2010; Law on human trafficking 2011, ect Decision 749/QD-TTg dated 1 st June 2015

Legal Aid System in Vietnam Established in Governmental-oriented system. The Government: performs uniform state management. Ministry of Justice (MOJ): takes responsibility before the Government for the performance of state management of legal aid. Provincial People's Committees (PPCs): perform the state management in localities. - Social organizations: Women’s Union, Farmers’ union, Veterans’ union, Youth’s union….

Legal aid System in Viet Nam NLAA ProvincialLevel PLACs (63) District Level CommuneLevel Centrallevel Branches of PLACs (202) Legal aid Clubs

National Legal Aid Agency (NLAA)   A body of the Ministry of Justice   Function: advise the Minister in state management; implement professional management on legal aid 6 Legal aid in Vietnam

Legal Aid Participating Organizations Organizations participating in legal aid Lawyers’ professional organizations Legal consultative organizations 7 Legal aid in Vietnam

Legal Aid Providers Legal aid officials (state employees in PLACs). Participating persons: - Collaborators of PLACs. - Lawyers. - Legal consultants working in legal consultative organizations. 8 Legal aid in Vietnam

Legal Aid Beneficiaries The Poor; People with meritorious service to the Revolution; Ethnic minorities people in especially difficult areas; Lonely elderly people Helpless children (under 16); Disabled people Victims of hunan trafficking; Other people under international treaties to which Vietnam is a party Poor Ethnic minority Children Domestic violence

Forms of Legal Aid Forms of Legal Aid legal advice representatives in proceedings representatives beyond proceedings other forms 10 Legal aid in Vietnam

Legal aid services can be provided in all legal matters (criminal, civil, labor, land, administrative, etc.) except for business and trade. Fields of Legal Aid

Achievements Legal aid policy: innovation Legal aid legislation: improvement Legal aid system: development and reform Cases and beneficiaries: increase and focus on court procedings Funding: State budget includes local and central budget (about $4 million/year).

L egal aid cases and beneficiaries

Shortcomings of the 2006 Law on Legal Aid; Monitoring quality of legal aid services; Capacity of legal aid providers; Professional ethics of lawyers; Fund for legal aid. Current challenges

Vietnam has made great efforts to: - - revise the 2006 Law on Legal Aid; - - reform the legal aid system; - - implement national action programs on legal dissemination and education to raise awareness of people; - - strengthen international co-operation. Developments

Thank you! Thank you!