SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, January 12, 2007
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON LEGAL AID
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Legal Aid;
At the proposal of the Justice Minister,
Article 1.- Governing scope
This Decree details and guides the implementation of a number of articles of the Legal Aid Law regarding legal aid beneficiaries, legal aid-providing organizations, legal aid professionals and legal aid collaborators, legal aid services and state management of legal aid.
Article 2.- Legal aid beneficiaries
1. Poor people entitled to legal aid defined in Clause 1, Article 10 of the Legal Aid Law are people living below the poverty line prescribed by law.
2. People with meritorious services to the revolution entitled to legal aid defined in Clause 2, Article 10 of the Law on Legal Aid include:
a/ Revolutionary activists before the August 19, 1945 General Uprising;
b/ Vietnamese Heroic Mothers;
c/ Heroes of the People's Armed Forces; Labor Heroes;
d/ War invalids and people entitled to policies like war invalids;
e/ Diseased soldiers;
f/ Resistance war activists infected with chemical toxins;
g/ Revolutionary activists and resistance war activists who had been imprisoned or exiled by the enemy;
h/ Activists in the resistance wars for national liberalization, Fatherland salvation or performance of international duties;
i/ People with meritorious services to the revolution;
j/ Parents and spouses of fallen heroes, fallen heroes' children aged under 18; those who had nurtured fallen heroes.
3. Elderly people entitled to legal aid defined in Clause 3, Article 10 of the Legal Aid Law are people who are aged full 60 or more and live alone or helplessly.
4. Disabled people entitled to legal aid defined in Clause 3, Article 10 of the Legal Aid Law are those who suffer from defects in one or many body parts or functions expressed in different types of infirmity and reduced operation capacity, and, therefore, meet labor, daily-life and study difficulties or those who are infected with chemical toxins, HIV/AIDS or other diseases which deprive them of their civil act capacity and live helplessly.
5. Children entitled to legal aid defined in Clause 3, Article 10 of the Legal Aid Law are those who are aged under 16 and live helplessly.
6. Ethnic minority people entitled to legal aid defined in Clause 4, Article 10 of the Legal Aid Law are those who permanently reside in areas with exceptionally difficult socio-economic conditions prescribed by law.
7. Other people entitled to legal aid according to treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 3.- Legal aid-providing organizations
1. State legal aid centers defined in Clause 1, Article 13 of the Legal Aid Law are those attached to provincial/municipal Justice Services (hereinafter referred to as centers for short) and their branches.
2. Legal aid-participating organizations defined in Clause 2, Article 13 of the Legal Aid Law include:
a/ Lawyer's offices and law firms as provided for by the law on lawyers;
b/ Legal counseling organizations of socio-political organizations, socio-political-professional organizations, and socio-professional organizations according to regulations of the Government on legal counseling organizations and activities.
Article 4.- Responsibilities of state agencies and mass media agencies for legal aid services
1. State agencies shall, within the scope of their tasks and powers, encourage and create conditions in terms of working time for their cadres, civil servants and employees to act as legal aid collaborators (hereinafter referred to as collaborators for short); coordinate in providing legal aid services at the request of centers or their branches; supply information and documents related to legal aid cases; and give replies to recommendations on matters related to law enforcement.
2. Mass media agencies shall regularly provide information on the provision of legal aid services, create conditions for and coordinate with centers and their branches in settling legal aid cases.
Article 5.- Encouragement of the Vietnam Fatherland Front and its member organizations to participate in legal aid services
The State encourages and creates conditions for the Vietnam Fatherland Front and its member organizations to, within the scope of their operation, participate in, make contributions to, and support legal aid services and mobilize people to implement the law on legal aid; to encourage their members to act as collaborators; and to create conditions for, coordinate and collaborate with and support centers and branches to provide legal aid services in an effective manner.
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