Where will the Legal Aid Center get funding if it has to pay compensation?

(Baonghean.vn) - Speaking at the debate in the hall on the morning of June 1 about some contents with different opinions in the draft Law on Legal Aid (amended), delegate Hoang Thi Thu Trang (Nghe An delegation) agreed with the provisions in this draft, but also expressed concerns about the source of funding for compensation payments of the Legal Aid Center.

Delegate Hoang Thi Thu Trang. Photo courtesy

Speaking at the debate in the hall, highlighting the great need for legal aid in society, delegate Hoang Thi Thu Trang said that in the context of a developing country, it is impossible to ensure 100% of this need in a quality manner.

Therefore, delegate Thu Trang agreed with the view that when determining the subjects of legal aid, it is necessary to consider and have certain criteria and principles; in which the two important principles are to ensure policy consistency and to take into account the resources to ensure feasibility.

"I find the provisions in this draft appropriate," delegate Thu Trang expressed regarding the provisions on subjects eligible for legal aid in the draft Law on Legal Aid (amended).

However, according to delegate Hoang Thi Thu Trang, this does not mean that the remaining subjects do not have access to legal services.

“Our country currently has at least three types of legal services: fee-based, free legal services from charitable organizations, and finally free legal services from the State. Thus, if those who are not provided with free legal services from the State, they can approach charitable organizations. Currently, these organizations are numerous and operate with quality,” Ms. Hoang Thi Thu Trang explained.

Ms. Trang also added that subjects not included in Article 7 (Persons receiving legal aid) of the Law on Legal Aid (amended) also have the right to be provided with free legal services according to the provisions of this law.

“Because Point g, Clause 1, Article 18 stipulates that in addition to providing free legal aid to the subjects mentioned in Article 7, Legal Aid Centers also perform tasks authorized or assigned by competent State management agencies,” delegate Thu Trang analyzed.

According to this delegate, the explanation of the National Assembly Standing Committee also clearly stated: In addition to the subjects in Article 7, if the locality has enough budget, it can provide free legal services to other subjects.

“I think this is appropriate and I am not too worried about the remaining subjects not being provided with free legal services,” Ms. Trang stated her opinion.

Regarding the opinion on the compensation mechanism for damages according to the draft Law on Legal Aid (amended) of the Lang Son delegation, Ms. Thu Trang discussed that according to this Law, there are two organizations implementing legal aid: the Legal Aid Center and the organization participating in implementing legal aid.

Delegate Thu Trang analyzed: For organizations participating in providing legal aid, they do so under civil contracts, which means if they cause damage, they will of course have to compensate for the damage according to civil law.

“As for the Legal Aid Center, except for the head, the rest are civil servants. If they cause damage, they will not be subject to the State's compensation law but will be subject to civil law. That means that this Law cannot stipulate how much an individual will compensate the organization. This issue is based on a civil agreement,” delegate Trang analyzed.

However, delegate Thu Trang also expressed concern that the Legal Aid Center is a public service unit with no revenue, so where will it get the financial resources in case it has to pay compensation to people receiving legal aid?

“To solve this problem, there should be a mechanism for the Legal Aid Center to purchase compulsory professional liability insurance like some other organizations, for example in notary activities…”, delegate Thu Trang suggested.

Reporter - Contributor Group