1 LEGAL AID IN VIETNAM Vu Thi Huong Deputy DirectorNational Legal Aid Agency Vietnam. Bangkok, 18th August 2016
2 Main contents Legal framework Legal aid system Achievements ChallengesDevelopments ( )
3 LEGAL AID FRAMEWORK Decision 734/QD-TTg dated 6th Seb. 1997.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 1st June 2015
4 Legal Aid System in VietnamEstablished in 1997. 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….
5 NLAA Central level PLACs Provincial (63) Level Branches DistrictLegal aid System in Viet Nam NLAA Central level PLACs (63) Provincial Level Branches of PLACs (202) District Level Legal aid Clubs Commune Level
6 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 Legal aid in Vietnam
7 Legal Aid Participating OrganizationsOrganizations participating in legal aid Lawyers’ professional organizations Legal consultative organizations Legal aid in Vietnam
8 Legal Aid Providers Legal aid officials (state employees in PLACs).Participating persons: - Collaborators of PLACs. - Lawyers. - Legal consultants working in legal consultative organizations. Legal aid in Vietnam
9 Legal Aid BeneficiariesPoor 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 Ethnic minority Children Domestic violence
10 Forms of Legal Aid representatives in proceedings legal advicerepresentatives beyond proceedings other forms Legal aid in Vietnam
11 Fields of Legal Aid Legal aid services can be provided in all legal matters (criminal, civil, labor, land, administrative, etc.) except for business and trade.
12 Achievements Legal aid policy: innovationLegal 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).
13 Legal aid cases and beneficiaries 2013-2015
14 Current challenges 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.
15 Developments 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.
16 Thank you!