The system of legal documents on legal aid
At present, the 2017 Law on Legal Aid (the 2017 LLA) and sub-law documents such as decrees and circulars have established a fairly complete legal system for legal aid activities.
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| Staff from Ninh Binh Legal Aid Center provide consultation to people with disabilities in the province__Photo: VNA |
Currently, there are 22 legal documents on legal aid, including the 2017 LLA, one decree, 15 circulars, and five joint circulars. This system of legal documents has created a unified and consistent legal foundation for legal aid nationwide. In addition, many legal documents containing provisions on legal aid have been promulgated, such as the Criminal Procedure Code, the Civil Procedure Code, the Law on Administrative Procedures, the Law on Temporary Detention and Custody, the Law on Children, the Law on Persons with Disabilities, the Law on Domestic Violence Prevention and Control, the Law on Justice for Minors, the Law on Prevention and Combat of Human Trafficking, and Decree 121/2025/ND-CP of June 11, 2025, on decentralization and delegation of state management in the Ministry of Justice’s sector.
Furthermore, legal aid policy has been incorporated into national target programs and implemented in conjunction with social security policies, such as: the National Target Program on Sustainable Poverty Reduction for the 2021-2025 period; the National Target Program on Building a New-Style Countryside for 2021-2025; the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for 2021-2025; the National Target Program on Cultural Development for the 2025-2035 period; the National Target Program on Drug Prevention and Control to 2030; and the Program on Human Trafficking Prevention and Combat for 2021-2025, with orientations toward 2030.
These legal documents and programs have contributed to the realization of the Party’s policies, given effect to the 2013 Constitution, and internalized international commitments on guaranteeing human rights, citizens’ rights, and access to justice, particularly for vulnerable groups in society.
Alongside these achievements, after eight years of implementation, the 2017 LLA has revealed certain shortcomings, difficulties, and obstacles that need to be addressed.
Emerging shortcomings
Regarding beneficiaries of legal aid, Article 7 of the 2017 LLA provides for 14 groups of eligible persons. However, this provision does not cover beneficiaries under the Law on Prevention and Combat of Human Trafficking and the 2024 Law on Justice for Minors. Therefore, the 2017 LLA has not comprehensively encompassed all legal aid beneficiaries to ensure consistency with specialized laws. In addition, due to socio-economic development conditions, urbanization, labor migration, and population aging, certain groups in need of legal aid are not eligible, such as households newly escaping poverty, persons with disabilities, and persons requiring legal aid in cases where the interests of justice demand it.
Regarding legal aid areas, Clause 1 of Article 27 of the 2017 LLA rigidly provides that “legal aid shall be carried out in all areas of law, except commercial and business law.” However, in the context where the Party and the State are promoting private sector development, many poor households wish to seek advice for investment, business start-up, or borrowing capital to escape poverty but are not eligible for legal aid since business law is excluded.
Under the law, legal aid is implemented in three forms: participation in proceedings, legal advice, and representation outside proceedings. In practice, however, other forms such as mediation and dissemination of legal information have also been applied but are not recognized in the 2017 Law.
Pursuant to Resolution 202/2025/QH15 of June 12, 2025, on the arrangement of provincial-level administrative units, many provinces and cities have been merged, resulting in large territories, diverse geography as well as varied transport conditions, and dense populations. From July 1, 2025, local government is organized in a two-tier model. Meanwhile, Clause 2 of Article 11 of the 2017 LLA stipulates that legal aid centers’ branches may be established in districts with particularly difficult socio-economic conditions or inconvenient transport to the center. This provision is no longer consistent with the 2025 Law on Organization of Local Administration.
Resources for legal aid have not met the increasingly diverse and complex needs of the people. The number of legal aid officers in some localities remains insufficient; the number of lawyers participating in legal aid is limited; and the use of legal aid collaborators is restricted to areas with particularly difficult socio-economic conditions (Clause 1 of Article 24 of the 2017 LLA). Meanwhile, the training of legal aid officers is equivalent to that of lawyers, and their work is similar in nature, but there is no provision allowing them to transition into lawyers if they so wish.
In addition, the 2017 LLA does not clearly stipulate the responsibilities of commune-level People’s Committees in legal aid activities. This is inconsistent with the current requirement to strengthen the role, responsibility, and authority of grassroots authorities under the two-tier local government model.
Issues that need to be revised
On the basis of the Party’s and the State’s policies, certain provisions of the 2017 LLA need to be studied for amendment and supplementation.
In terms of beneficiaries, a comprehensive review of all groups needing legal aid should be conducted to suit the socio-economic development requirements of the new era. In addition to adding the two groups prescribed under the Law on Prevention and Combat of Human Trafficking and the Law on Justice for Minors, it is necessary to consider expanding coverage to certain disadvantaged groups in need of legal aid but currently ineligible, such as households newly escaping poverty, persons with disabilities, and persons requiring legal aid where justice demands. This would ensure comprehensiveness and consistency within the legal system.
Regarding legal aid areas, competent authorities should consider amending Clause 1 of Article 27 in a more flexible manner to enable legal aid beneficiaries to receive support in entrepreneurship, borrowing capital, and economic development for poverty reduction. With respect to legal aid forms, it is advisable to recognize and legalize forms already effectively applied in practice, such as grassroots mediation and legal information dissemination, thereby diversifying access channels to free, quality legal services.
In addition, competent authorities should study improvements to the regulations on legal aid centers and their branches. Based on the two-tier local government model and the arrangement of provincial-level administrative units, Article 11 of the 2017 LLA should be amended to provide for greater flexibility in establishing centers and branches to ensure convenient access to services for the people. At the same time, legal aid resources should be expanded by revising provisions to facilitate the recruitment of legal aid providers. For example, expanding the use of legal aid collaborators beyond particularly difficult areas; considering provisions allowing legal aid officers to transition into lawyers when meeting necessary standards; and establishing mechanisms for recruiting qualified, experienced lawyers as legal aid officers.
Moreover, the responsibilities of grassroots authorities should be clearly defined, such as adding specific provisions on commune-level People’s Committees’ duties in legal aid, including introducing and assisting citizens to access legal aid, organizing dissemination, and coordinating with legal aid centers to improve effectiveness in localities. Legal aid quality should be enhanced by reforming methods of management, supervision, and evaluation to ensure substantive and effective case outcomes.
It is also necessary to promote the application of information technology and digital transformation, with clear responsibilities assigned to agencies, organizations, and individuals in advancing modernization of legal aid, such as developing a “digital legal aid” system, electronic records, and full-process online services, and applying new technologies in legal aid. Regarding state management, decentralization and delegation should be strengthened, the responsibilities of judicial bodies and People’s Committees at all levels enhanced, and inter-sectoral coordination in legal aid improved.- (VLLF)
