Question: I am a person with severe disabilities, receiving a monthly social allowance. If I go to the state legal aid centre to ask for legal aid, will I lose money?
The Law Department - ACDC advises:
Under point d, Clause 7, Article 7 of the 2017 Law on Legal Aid stipulates that persons with disabilities with financial difficulties are eligible for legal aid.
Article 2 of Decree 144/2017/ND-CP detailing some articles of the Law on Legal Aid stipulates the difficult financial conditions of legal aid recipients “who are near-poor or a person receiving monthly social allowance as prescribed by law”.
Thus, persons with severe disabilities receiving monthly social allowances are eligible for legal aid.
Article 3 of Law on Legal Aid stipulates principles of legal aid services as follows:
“1. Compliance with law and professional regulations on legal aid.
2. Timeliness, independence, honesty, and respect for objective truth.
3. Best protection of legitimate rights and interests of legally-aided persons.
4. Non-collection of fees, economic benefits or other benefits from legally-aided persons”.
In addition, point b, Clause 1, Article 6 of the 2017 Law on Legal Aid also stipulates that legal aid providers are prohibited from committing the following acts:
“b) Receive or demand any money, material benefit or other benefits from the legal aid recipient; harass legal aid recipients;”
In short, according to the provisions of the law, legal aid is provided on the principle of no charge, legal aid recipients will not have to pay service fees to individuals and legal aid organisations.