Lê Vệ Quốc, director of the Department of Law Dissemination, Education and Legal Aid. — Photo courtesy of the Ministry of Justice.

What limitations have emerged in the 2017 Law on Legal Aid?

After nearly eight years of implementation, the 2017 Law on Legal Aid has created an important legal framework to ensure access to justice for policy beneficiaries and vulnerable groups.

However, practical implementation shows that the law is revealing several limitations that need to be reviewed and amended to better suit the new context.

First, while the scope of eligible beneficiaries has been expanded, it still does not fully cover all 'vulnerable groups' in society.

Currently, the categories of people entitled to legal aid are scattered across various laws, such as the Law on Juvenile Justice and the Law on Prevention and Combat of Human Trafficking.

In reality, there are cases of genuine hardship, for instance, persons with disabilities who are among the most vulnerable and face many difficulties in life but under the 2017 law, only those with disabilities who are also financially disadvantaged are eligible for legal aid.

The requirements and procedures for applying for legal aid remain rigid and lack flexibility.

They are not fully aligned with the recent digital transformation policies of the Party and the State, especially Resolution No. 57-NQ/TW dated 22 December 2024 of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation.

This includes improving online public services and moving towards 'end-to-end online services that are personalised and data-driven'.

Another notable limitation is that resources for legal aid are still inadequate compared to public demands.

In some provinces, the number of legal aid providers remains low (Lai Châu Province has only four legal aid officers, Sơn La Province has five).

Participation by professional social organisations remains limited, and the number of participating law firms, lawyers, and collaborators is low.

Meanwhile, the 2017 law restricts legal aid collaborators to a narrow group such as retired legal aid officers, judges, court clerks, prosecutors and civil judgment enforcement officers and only in areas with 'exceptionally difficult socio-economic conditions'.

The current law has not succeeded in attracting or maximising high-quality human resources from society to engage in legal aid.

In the context of provincial mergers and the two-tier local government model, many provinces and cities now have much larger administrative areas, diverse geographical conditions and large populations.

This has created new challenges for legal aid at the local level.

For example, the 2017 law stipulates that legal aid branches may only be established 'in districts with exceptionally difficult socio-economic conditions, inconvenient access to the provincial legal aid centre and where no law firm or legal consultancy organisation is participating in legal aid'.

This is no longer appropriate under the two-tier local government model, the merging of provinces and communes and the elimination of district-level units.

It also does not align with the nature of legal aid work, which requires regular and direct coordination with judicial and related agencies.

This places a need for revising the structure of legal aid centres and their branches to meet current realities and timely serve people’s legal aid needs.

Finally, the remuneration and incentive policies for legal aid providers are still not commensurate with the demanding and specialised nature of the job, making it difficult to attract and retain high-quality personnel.

What are the goals of the planned amendments to the legal aid law?

The main purpose of this revision is to address the limitations in the current law.

During the drafting process, we must thoroughly review the law’s provisions, preserve those that remain appropriate and focus on amending those identified as problematic.

The amendments should better guarantee citizens’ right to access legal aid, reflect the country’s socio-economic conditions, enhance the professionalism and effectiveness of legal aid and ensure consistency within the legal system while meeting the requirements of judicial and administrative reform as well as the two-tier local government model.

At the same time, the amendments must fully institutionalise the Party and State’s new orientations outlined in Resolutions No. 27-NQ/TW, 66-NQ/TW, 57-NQ/TW, 68-NQ/TW and ensure compatibility with international treaties to which Việt Nam is a party, as well as consistency with newly adopted laws and resolutions of the National Assembly.

The Department of Legal Dissemination, Education and Legal Aid is currently working with relevant agencies to finalise the draft amendments to the law. What key areas will the draft focus on?

First, regarding legal aid beneficiaries, in addition to incorporating groups covered under the Law on Prevention and Combat of Human Trafficking and the Law on Juvenile Justice, the draft proposes two expansions: adding 'persons with disabilities' (without requiring financial difficulty) to align with the Law on Persons with Disabilities and the Convention on the Rights of Persons with Disabilities; and adding foreign nationals entitled to legal aid under international treaties to which Việt Nam is a party, ensuring consistency and compatibility with such treaties.

Second, regarding state legal aid centres and their branches, each province or centrally governed city must have at least one state legal aid centre.

For branches, the draft removes the outdated restrictions tied to difficult socio-economic regions. Provincial People’s Committees will decide the number of centres and branches based on local needs and conditions.

Third, on legal aid providers, the draft broadens the criteria for legal aid collaborators, removing the 'retired' and 'difficult area' limitations.

It also allows collaborators to handle legal aid cases involving litigation and out-of-court representation.

This aims to expand the pool of qualified personnel and effectively utilise capable professionals.

The draft also introduces provisions on revoking collaborator cards to ensure quality and effectiveness.

Fourth, the draft proposes removing the phrase “except commercial and business matters” to broaden the scope of legal aid.

This reflects the reality that many legal aid beneficiaries, such as the poor, persons with disabilities and ethnic minorities, increasingly need legal advice and support in economic activities, business partnerships, borrowing and contract disputes as they seek to escape poverty.

Finally, on the scope of implementation, the draft expands the authority of legal aid centres, allowing them to handle cases transferred from other provinces when jurisdiction is reassigned to a different locality by judicial authorities, ensuring convenience for both legal aid providers and beneficiaries. — VNS