A legal aid consultation session. — Photo nguoiduatin.vn

HÀ NỘI — Many low-income individuals and people with merits may fall into business-related disputes but are unable to receive legal aid due to barriers created by the scope of the 2017 Law on Legal Aid, according to Hà Nội People’s Committee.

After eight years of implementing the 2017 law, the People's Committee issued Report No. 443 assessing its advantages as well as the shortcomings and obstacles that have arisen in practice.

The report notes that the law has fundamentally improved protection of vulnerable groups’ rights, with a people-centred approach and enhanced professionalism and humanity in the provision of legal aid services.

Since 2018, Hà Nội State Legal Aid Centre has provided assistance in more than 11,400 cases, helping vulnerable individuals access justice.

However, after years of implementation, several issues remain, directly affecting the rights of disadvantaged people seeking legal support.

One of the most significant obstacles stems from Clause 1, Article 27 of the law, which excludes business and commercial matters from the scope of legal aid.

This exclusion creates difficulties for beneficiaries. Poor individuals who borrow capital for small-scale business activities and sign commercial contracts are not eligible for legal aid when disputes arise, as these are classified as business-related cases.

In reality, many low-income residents in Hà Nội take out loans to run small businesses in hopes of escaping poverty, but when disputes occur, they receive no legal support because their cases are deemed commercial.

Not only poor households but also vulnerable groups such as people with meritorious services, individuals with disabilities facing financial hardship, and near-poor households, when involved as defendants in business-commercial cases, face the same situation.

Excluding all business and commercial matters has left many vulnerable people without support at the moment they most need legal aid.

Another shortcoming is that legal aid collaborators are only allowed in areas with particularly difficult socio-economic conditions. This prevents Hà Nội, where many retired professionals such as judges, prosecutors, investigators and legal aid officers reside, from mobilising this highly experienced and willing human resource.

Beyond the lack of mechanisms to mobilise resources, coordination in legal proceedings also faces challenges. The law only outlines general responsibilities for judicial bodies without providing detailed provisions or sanctions for delays or lack of coordination.

The 2017 legal aid law does not specify the responsibilities of commune-level people’s committees in providing legal aid services, even though commune authorities are the first point of contact for receiving, verifying and supporting people. This gap has also been noted by Hà Nội and provinces including Tuyên Quang, Cao Bằng and Lạng Sơn.

New issues arising

Following the restructuring of administrative units, identifying ethnic minority residents living in extremely difficult areas has become more complex. Updated decisions on the list of such communes and villages have not yet been issued, making it difficult for legal aid agencies to verify beneficiaries.

The Juvenile Justice Law, which takes effect on January 1, 2026, extends eligibility for legal aid to people aged 16 to under 18. However, the Criminal Procedure Code does not recognise legal representatives protecting the rights and interests of witnesses, leaving legal aid officers unsure about their role. Without timely guidance, this may create legal gaps once the new law takes effect.

Hà Nội’s authorities have called for swift resolution of the shortcomings and obstacles in the 2017 legal aid law to ensure more comprehensive and effective support. The city proposes amending the law to expand the scope of support, particularly for business-commercial disputes involving vulnerable individuals. Local authorities also recommend clearer responsibilities and sanctions for judicial bodies and the mobilisation of qualified collaborators, even outside remote or disadvantaged areas.

The city has also proposed strengthening digital transformation and improving allowances for legal aid officers to ensure long-term commitment.

Expand beneficiary groups

Recently, the Ministry of Justice has been collecting public feedback to draft amendments to the 2017 Law on Legal Aid. One notable proposal is to expand the groups eligible for legal aid to reflect significant social changes.

Under the proposed amendments, several new vulnerable groups would be included among those entitled to free legal aid. Persons with disabilities would become eligible regardless of their financial difficulties, recognising that physical, intellectual or mental impairments often create substantial challenges in accessing and using legal services.

Another proposed expansion includes biological parents, spouses, children of martyrs, and individuals who raised martyrs during childhood, who would also be eligible without the financial difficulty requirement, unlike in the current law. Notably, the draft amendments would add a new beneficiary group: foreign nationals entitled to legal aid under international treaties to which Việt Nam is a party. — VNS