Law on Legal Aid 2026 (revised), No. 05/2026/QH16

LAW 

Amending and Supplementing a Number of Articles of the Law on Legal Aid^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 11/2017/QH14 on Legal Aid, which has a number of articles amended and supplemented under Law No. 53/2024/QH15 and Law No. 59/2024/QH15.

Article 1. To amend and supplement a number of articles of the Law on Legal Aid

1. To amend and supplement Clause 2, Article 5 as follows:

“2. State budget funds shall be included in annual state budget estimates of agencies performing the state management of legal aid in accordance with the laws on the state budget; public investment; science, technology and innovation; digital transformation; and the digital technology industry, and relevant specialised laws.

For localities that have yet to balance their budget funds by themselves, annual balancing transfers shall be used to support the settlement of complicated and typical legal aid cases.”.

2. To amend and supplement Article 7 as follows:

“Article 7. Legal aid beneficiaries

1. People with meritorious service to the revolution; biological parents, spouses or children of martyrs or persons having nurtured martyrs.

2. Members of poor households and members of households living just above the poverty line.

3. Agent orange victims.

4. People with disabilities.

5. Children.

6. Ethnic minority people residing in areas with extremely difficult socio-economic conditions; people of ethnic minority groups with a very small population.

7. Persons entitled to monthly social allowance who are the elderly, victims of domestic violence or HIV-infected people.

8. Low-income earners who are the accused or victims.

9. Persons experiencing difficulties due to a disaster or fire who are entitled to legal aid in cases directly related to the remediation of consequences caused to them by such disaster or fire.

10. Persons aged between full 16 years and under 18 years who are denounced, proposed for institution of criminal proceedings, held in emergency cases, charged with a crime, victims, witnesses, persons serving diversionary measures or prisoners as defined in the Law on Justice for Minors.

11. Victims, persons undergoing verification to be regarded as victims of human trafficking, and accompanying under-18 persons as defined in the Law on Human Trafficking Prevention and Combat.

12. Damage sufferers without hiring persons defending their lawful rights and interests as defined in the Law on State Compensation Liability.

13. Foreigners who are entitled to legal aid under treaties to which the Socialist Republic of Vietnam is a contracting party.

14. Other legal aid beneficiaries as defined by law.”.

3. To amend and supplement Clauses 2 and 3, Article 11 as follows:

“2. State legal aid centres may establish their branches.

Branches are dependent units of state legal aid centres. State legal aid centres shall take responsibility for all operations of their branches. Based on socio-economic conditions and legal aid demands of localities, Chairpersons of provincial-level People’s Committees shall decide to establish branches of state legal aid centres.

3. The Government shall provide the organisation and operation of state legal aid centres and branches of state legal aid centres; and the order and procedures for establishment, dissolution and merger of branches of state legal aid centres.”.

4. To amend and supplement Article 19 as follows:

“Article 19. Criteria for legal aid officers

A Vietnamese citizen being a public employee of a state legal aid centre may become a legal aid officer when fully meeting the following criteria:

1. Having good moral qualities;

2. Possessing a bachelor’s or higher degree in law;

3. Having been trained in lawyer profession or being exempt from lawyer profession training;

4. Having undergone law practice probation or legal aid probation, unless he/she has previously served as a legal aid officer;

5. Being physically fit for providing legal aid.”.

5. To amend and supplement Article 21 as follows:

“Article 21. Appointment of legal aid officers, and issuance and re-issuance of legal aid officer’s cards

1. Chairpersons of provincial-level People’s Committees shall consider the appointment of legal aid officers, and issuance of legal aid officer’s cards for persons who fully satisfy the criteria for a legal aid officer as specified in Article 19 of this Law and do not fall into one of the following cases:

a/ Currently being subject to a disciplinary measure; or currently being subject to application of the administrative measure of consignment to compulsory drug rehabilitation establishments or compulsory education institutions;

b/ Currently being examined for penal liability; having been sentenced for serious crimes committed intentionally, very serious crimes committed intentionally or particularly serious crimes committed intentionally, even when they have criminal records expunged; or having been sentenced for very serious crimes committed unintentionally, particularly serious crimes committed unintentionally or less serious crimes committed intentionally, but having not had their criminal records expunged.

2. Chairpersons of provincial-level People’s Committees shall consider the appointment of legal aid officers, and issuance of legal aid officer’s cards for persons who have been relieved from duty and have their legal aid officer’s cards revoked under Points a, dd or g, Clause 1, Article 22 of this Law if they fully satisfy the criteria for a legal aid officer as specified in Article 19 of this Law and the reasons for relief from duty and card revocation no longer exist.

3. Chairpersons of provincial-level People’s Committees shall re-issue legal aid officer’s cards in case the cards are lost or damaged.

4. The Government shall detail this Article; and specify the order and procedures for appointment of legal aid officers, and issuance and re-issuance of legal aid officer’s cards.”.

6. To amend and supplement Article 22 as follows:

“Article 22. Relief from duty of legal aid officers and revocation of legal aid officer’s cards

1. A legal aid officer shall be relieved from duty and have his/her legal aid officer’s card revoked if falling into one of the following cases:

a/ No longer fully satisfying the criteria for a legal aid officer as specified in Article 19 of this Law;

b/ Having not participated in legal proceedings for 12 consecutive years, unless such non-participation is attributable to objective causes;

c/ Being dismissed as a disciplinary measure;

d/ Being subject to warning or a more severe disciplinary measure for commission of the act specified in Clause 1, Article 6 of this Law;

dd/ Currently being prohibited from legal aid practice under a competent agency’s decision;

e/ Being sentenced under a judgment that has taken legal effect;

g/ Being subject to the administrative measure of consignment to a compulsory drug rehabilitation establishment or a compulsory education institution.

2. A legal aid officer shall be relieved from duty ipso jure, and his/her legal aid officer’s card shall become invalid ipso jure in the following cases:

a/ He/she is transferred to another job position; resigns or is dismissed;

b/ He/she retires.

3. Chairpersons of provincial-level People’s Committees shall decide on the relief from duty of legal aid officers and revocation of legal aid officer’s cards.

4. The Government shall detail this Article; and specify the order and procedures for relief from duty of legal aid officers and revocation of legal aid officer’s cards.”.

7. To amend and supplement Article 24 as follows:

“Article 24. Legal aid collaborators

1. The following persons may become legal aid collaborators:

a/ Persons who have retired or resigned voluntarily or resigned for objective reasons, have full civil act capacity and good moral qualities, are physically fit and wish to provide legal aid, including those who have previously served as legal aid officers; judges or court evaluators; procurators or procuracy controllers; investigators; enforcers or civil judgment enforcement evaluators; persons holding the rank or grade of principal specialist or the equivalent or a higher rank or grade and engaged in legal affairs; persons holding the rank or grade of specialist or the equivalent and engaged in legal affairs for 5 years or more at agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front and its member organisations; and persons who have previously served as legal aid collaborators;

b/ Public employees holding a Class-III professional title or the equivalent and engaged in legal affairs for 5 years or more, or public employees holding a Class-I or Class-II or professional title or the equivalent and engaged in legal affairs as approved in writing by the employing agencies.

2. Directors of provincial-level Departments of Justice shall consider and issue legal aid collaborator’s cards for persons who fully satisfy the criteria and conditions specified in Clause 1 of this Article and do not fall into one of the following cases:

a/ Currently being examined for penal liability; having been sentenced for serious crimes committed intentionally, very serious crimes committed intentionally or particularly serious crimes committed intentionally, even when they have criminal records expunged; or having been sentenced for very serious crimes committed unintentionally, particularly serious crimes committed unintentionally or less serious crimes committed intentionally, but having not had their criminal records expunged;

b/ Currently being subject to application of the administrative measure of consignment to compulsory drug rehabilitation establishments or compulsory education institutions; or currently being subject to a disciplinary measure.

3. Directors of state legal aid centres shall sign legal aid contracts with holders of legal aid collaborator’s cards for providing legal counselling or non-litigation representation in localities.

4. A legal aid collaborator will have his/her legal aid collaborator’s card revoked if falling into one of the following cases:

a/ No longer fully satisfying the criteria and conditions specified in Clause 1 of this Article;

b/ Having not participated in legal aid cases for 2 consecutive years, unless such non-participation is attributable to objective causes;

c/ Committing the act specified in Clause 1, Article 6 of this Law, or repeating the violation though having been sanctioned for administrative violations in the field of legal aid, which are not serious enough for having his/her legal aid collaborator’s card revoked;

d/ Having the legal aid contract terminated, or failing to conclude a legal aid contract with a state legal aid centre within 30 days after receiving the centre’s request for contract conclusion without giving a plausible reason;

dd/ Being dismissed as a disciplinary measure, in case he/she is a public employee;

e/ Being subject to application of the administrative measure of consignment to a compulsory drug rehabilitation establishment or a compulsory education institution;

g/ Being sentenced under a judgment that has taken effect.

5. Directors of provincial-level Departments of Justice shall decide on the revocation of legal aid collaborator’s cards in case the cards are lost or damaged.

6. The Government shall detail this Article; and specify the order and procedures for issuance, re-issuance and revocation of legal aid collaborator’s cards.”.

8. To add Point d below Point c, Clause 1, Article 26 as follows:

“d/ Cases forwarded under Clause 3, Article 35 of this Law.”.

9. To amend and supplement Article 30 as follows:

“Article 30. Request for, and acceptance of, legal aid cases

1. A person requesting legal aid shall submit a dossier to a legal aid-providing organisation.

2. A legal aid request shall only be accepted upon occurrence of a specific case directly related to the lawful rights and interests of the concerned legal aid beneficiary and in accordance with this Law.

3. A legal aid-providing organisation shall refuse the acceptance of a legal aid case and notify the reason in writing to the legal aid requester in one of the following cases:

a/ The legal aid request fails to comply with Clause 2 of this Article;

b/ The legal aid request has unlawful contents;

c/ The legal aid beneficiary has died;

d/ The legal aid case is accepted and settled by another legal aid-providing organisation.

dd/ The legal aid request has been settled without any emerging issues.

4. In case a legal aid requester is not yet able to submit a complete dossier but needs immediate legal aid because the statute of limitations for initiating a lawsuit for the case is about to expire and the trial is about to take place, or the legal aid request for the case is forwarded by the agency with the proceedings-conducting competence or the proceedings-conducting agency to a legal aid-providing organisation or, to avoid causing damage to the lawful rights and interests of the legal aid beneficiary, the person who receives the legal aid request shall report it to the head of the legal aid-providing organisation for immediately accepting the case, and concurrently guide the legal aid requester to supplement necessary papers and documents.

5. The Minister of Justice shall detail this Article; and prescribe the order and procedures for accepting, immediately accepting, or refusing to accept, legal aid cases.”.

10. To amend and supplement Article 32 as follows:

“Article 32. Legal counselling

1. Legal aid-providing persons shall provide legal counselling to legal aid beneficiaries by giving instructions or opinions to or helping the latter draft documents related to legal disputes, complaints and problems; and help the parties conciliate, negotiate, and reach agreement on the settlement of the cases.

2. The Minister of Justice shall detail this Article; and specify the order and procedures for settling legal counselling cases.”.

11. To amend and supplement Article 33 as follows:

“Article 33. Non-litigation representation

1. Legal aid officers, lawyers providing legal aid and legal aid collaborators shall act as non-litigation representatives for legal aid beneficiaries before competent state agencies.

2. The Minister of Justice shall detail this Article; and specify the order and procedures for settling non-litigation cases.”.

12. To amend and supplement Article 34 as follows:

“Article 34. Coordination in verifying legal aid cases

1. In case it is necessary to verify details and facts related to a legal aid case in another locality, the legal aid-providing organisation that has accepted such case shall request the legal aid-providing organisation in the locality where the verification is required to coordinate in the verification. A verification request shall be expressed in writing, clearly stating the verification contents and the deadline for reply.

2. The Minister of Justice shall detail this Article; and specify the order and procedures for coordination in verifying legal aid cases.”.

13. To amend and supplement the title, and add Clause 3 below Clause 2, of Article 35 as follows:

a/ To amend and supplement the title of Article 35 as follows:

“Article 35. Forwarding of legal aid requests and cases

b/ To add Clause 3 below Clause 2 as follows:

“3. The state legal aid centre currently settling a legal aid case may forward such case to a state legal aid centre in another locality when the case has been forwarded to the agency with the proceedings-conducting competence or the proceedings-conducting agency in that locality for settlement and shall notify such to the legal aid beneficiary.”.

14. To amend and supplement Article 36 as follows:

“Article 36. Making proposals in legal aid activities

1. During the provision of legal aid, a legal aid-providing organisation shall send to a competent state agency a written proposal on issues related to the settlement of a legal aid case. The proposal-receiving agency shall, within the ambit of its tasks and powers, reply in writing in accordance with law.

2. If the proposal-receiving agency fails to reply under Clause 1 of this Article, the legal aid-providing organisation may propose the superior agency of the proposal-receiving agency for consideration and settlement of the case.

3. The Government shall detail this Article; and specify the order and procedures for making proposals in legal aid activities.”.

15. To amend and supplement Article 38 as follows:

“Article 38. Dossiers of legal aid cases

When providing legal aid, legal aid-providing organisations or legal aid-providing persons shall prepare dossiers of legal aid cases in accordance with the Minister of Justice’s regulations.”.

16. To amend and supplement a number of points and clauses of Article 40 as follows:

a/ To amend and supplement Point c, Clause 2 as follows:

“c/ To promulgate regulations on professional guidance, assessment of the quality and effectiveness of legal aid cases; forms of papers in legal aid activities; and criteria for determination of complicated, typical, quality and successful legal aid cases; and implement legal aid-related reporting and statistical regimes;”;

b/ To add Point k below Point i, Clause 2 as follows:

“k/ To apply information technology and digital technology and implement digital transformation in legal aid activities; to develop, manage, operate and regularly upgrade the legal aid information system and database; to connect, integrate and share legal aid data on the National Law Portal.”;

c/ To amend and supplement Clauses 3 and 4, and add Clauses 5 and 6 below Clause 4, as follows:

“3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Justice in performing the state management of and organising the provision of legal aid; create, integrate, share, exploit and use data through connection and interoperability with the legal aid database on the National Law Portal.

4. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management on legal aid in their localities, ensuring working conditions for state legal aid centres; and coordinate with the Ministry of Justice in creating, integrating, sharing, exploiting and using data through connection and interoperability with the legal aid database on the National Law Portal.

5. Commune-level People’s Committees shall coordinate with state legal aid centres in performing the legal aid work in their localities.

6. The Government shall detail this Article.”;

d/ To remove the phrase “and quality appraisal and assessment of legal aid cases” in Point e, Clause 2;

dd/ To remove the word “inspection,” in Point g, Clause 2.

17. To amend and supplement Article 41 as follows:

“Article 41. Responsibilities of agencies involved in legal aid activities in legal proceedings

1. Within the ambit of their tasks and powers, agencies with the proceedings-conducting competence and proceedings-conducting agencies shall coordinate with one another and organise coordination in implementing interdisciplinary mechanisms, and provide on-duty legal aid services at People’s Courts and during criminal investigations; create favourable conditions for legal aid beneficiaries to enjoy the right to legal aid and for legal aid-providing persons to participate in legal proceedings in accordance with law.

2. The Minister of Justice, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Minister of National Defence, the Minister of Public Security and the Minister of Finance shall coordinate with one another in developing an interdisciplinary coordination mechanism for legal aid in legal proceedings at the central and provincial levels.

3. Agencies involved in legal aid activities in legal proceedings shall coordinate with the Ministry of Justice in creating, integrating, sharing, exploiting and using data through connection and interoperability with the legal aid database on the National Law Portal.”.

18. To amend and supplement Article 42 as follows:

“Article 42. Responsibilities of the Vietnam Fatherland Front and its member organisations, and related state agencies

1. The Vietnam Fatherland Front and its member organisations shall, within the ambit of their functions and tasks, oversee the implementation of policies and laws on legal aid; and coordinate with related state agencies and organisations in the legal aid work in accordance with law.

2. In the course of handling and settling citizen-related cases, if a citizen is qualified as a legal aid beneficiary, the concerned state agency shall explain his/her right to legal aid and introduce him/her to a legal aid-providing organisation.”.

19. To amend and supplement Clauses 2 and 3, Article 45 as follows:

“2. Heads of legal aid-providing organisations shall settle complaints about the acts specified in Clause 1 of this Article. In case the complainant disagrees with the complaint settlement decision of the head of the legal aid-providing organisation, or the complaint has not been settled though the time limit for complaint settlement has expired, the complainant may lodge a complaint to the Director of the provincial-level Department of Justice.

In case the complainant disagrees with the complaint settlement decision of the Director of the provincial-level Department of Justice, the complaint has not been settled though the time limit for complaint settlement has expired, the complainant may initiate a lawsuit at the court.

The Government shall detail this Clause; and specify the order and procedures for settlement of complaints in legal aid.

3. The lodging of complaints or initiation of lawsuits in legal aid not falling into the case specified in Clause 1 of this Article must comply with the law on complaints and other relevant laws.”.

20. To add or replace a number of phrases and annul a number of articles as follows:

a/ To add the phrase “, proceedings-conducting agencies or persons” below the phrase “agencies or persons with the proceedings-conducting competence” in Clause 2, Article 8;

b/ To add the word “, preferential” above the word “policies” in Point d, Clause 2, Article 18;

c/ To replace the phrase “the Ministry of Justice’s Portal” in Clause 2, Article 10 and Clause 2, Article 17 with the phrase “the National Law Portal”;

d/ To annul Articles 23 and 29.

Article 2. To amend and supplement a number of articles of relevant laws

1. To annul Clause 6, Article 177 of Law No. 59/2024/QH15 on Justice for Minors, which has a number of articles amended and supplemented under Law No. 85/2025/QH15.

2. To annul Article 61 of Law No. 53/2024/QH15 on Human Trafficking Prevention and Combat, which has a number of articles amended and supplemented under Law No. 86/2025/QH15.

Article 3. Effect

This Law takes effect on January 1, 2027.

This Law was passed on April 23, 2026, by the 16^th National Assembly of the Socialist Republic of Vietnam at its first session.-

Chairman of the National Assembly
TRAN THANH MAN