In a society governed by the rule of law, the legitimate rights and interests of individuals and organizations are always recognized and protected by law. However, in practice, there are numerous cases in which the lawful rights of citizens and enterprises are infringed due to illegal acts, lack of awareness of their own rights, or failure to utilize appropriate legal instruments for self-protection. Thus, the need for legal consultation for the protection of legitimate rights and interests is significantly increasing currently among the weak parties. The following article by NPLaw clarifies the legal regulations governing such matters.
I. Current demand for legal consultation on the protection of legitimate rights and interests
In the context of rapid social development, individuals and enterprises are increasingly aware of the importance of protecting their legitimate rights and interests in accordance with the law. Nevertheless, in reality, not everyone has sufficient financial resources or legal knowledge to effectively safeguard such rights on their own.
In particular, in rural, remote, and disadvantaged areas, vulnerable groups (including workers, low-income individuals, women, children, ethnic minorities, etc.) often lack access to quality legal services, resulting in a higher risk of rights violations without awareness or knowledge of lawful remedies.
For such cases, the demand for free legal consultation and community legal assistance continues to rise, especially in the following areas:
- Civil, land, and marriage and family disputes;
- Protection of the rights and interests of employees and consumers;
- Complaints against unlawful administrative acts or decisions;
- Infringement of property rights, personal rights, honor, and dignity;
- Legal issues arising from transactions, contracts, and financial obligations.
In addition, many individuals and organizations seek guidance on basic legal procedures and documents to protect themselves or mitigate legal risks in daily life and business activities.
The expansion of free legal consultation channels, such as hotlines, email consultations, in-person assistance at legal aid centers, and services provided by social organizations, mass associations, and law firms, is increasingly necessary to ensure equal access to justice for all citizens.
II. Legal provisions on legal consultation for the protection of legitimate rights and interests
1. What is legal consultation on the protection of legitimate rights and interests?
Pursuant to Article 2 of the Law on Legal Aid 2017, as amended and supplemented in 2024, legal aid refers to the provision of free legal services to legal aid beneficiaries in legal aid cases in accordance with this Law, contributing to the protection of human rights and citizens’ rights in accessing justice and ensuring equality before the law.
Accordingly, free legal consultation on the protection of legitimate rights and interests may be understood as the provision of free legal services to eligible beneficiaries in legal aid cases as prescribed by law, contributing to the protection of human rights and citizens’ rights in justice and legal equality.
2. Who is authorized to provide legal consultation on the protection of legitimate rights and interests?
According to Article 10 of the Law on Legal Aid 2017, as amended in 2024, organizations providing legal aid include State Legal Aid Centers and organizations participating in legal aid. Departments of Justice publish the list of legal aid providers in their respective localities on their official websites and submit such lists to the Ministry of Justice for publication on its national portal.
- State Legal Aid Centers are public non-business units under the Departments of Justice, established by provincial-level People’s Committees, possessing legal entity status, official seals, offices, and independent accounts.
- Organizations participating in legal aid include those that enter into contracts to provide legal aid and those registered to participate in legal aid. Contracted organizations include law-practicing organizations and legal consultancy organizations that have signed legal aid service contracts with the Departments of Justice in accordance with law.
3. Legal responsibilities in providing consultation on the protection of legitimate rights and interests
Pursuant to Article 13 of the Law on Legal Aid 2017, as amended in 2024, legal responsibilities in providing legal aid include:
- Requesting relevant agencies and organizations to coordinate and provide information and documents related to legal aid cases;
- Compensating for damage caused by faults within their organizations during the provision of legal aid;
- Implementing statistical, reporting, and communication obligations related to legal aid;
- Making recommendations to competent State authorities regarding issues arising in the handling of legal aid cases.
III. Questions on legal consultation for the protection of legitimate rights and interests
1. What scope are lawyers authorized to provide consultation and protect clients’ legitimate rights and interests?
Pursuant to Article 22 of the Law on Lawyers 2006, the scope of consultation includes:
- Participating in legal proceedings as defense counsel for detainees, suspects, or defendants, or as legal representatives protecting the rights and interests of victims, civil plaintiffs, civil defendants, and other related parties in criminal cases;
- Participating in legal proceedings as representatives or protectors of legitimate rights and interests of plaintiffs, defendants, and related parties in civil, marriage and family, business, commercial, labor, administrative cases, and other legal matters as prescribed by law;
- Providing legal consultation services;
- Acting as out-of-court representatives for legal-related matters;
- Providing other legal services in accordance with law.
Accordingly, lawyers are authorized to consult and protect clients’ legitimate rights and interests within the above scope of legal practice.
2. Can people in remote and disadvantaged areas access free legal consultation services?
Pursuant to Article 7 of the Law on Legal Aid 2017, as amended in 2024, ethnic minorities residing in areas with particularly difficult socio-economic conditions are eligible for free legal aid. Accordingly, people in remote and disadvantaged areas are entitled to access free legal consultation services for the protection of legitimate rights and interests.
3. What issues commonly require legal consultation on the protection of legitimate rights and interests?
Common issues requiring such consultation include:
- Land use and housing disputes;
- Divorce, property division, and child custody matters;
- Infringement of personal rights, honor, and reputation;
- Civil and commercial contract disputes;
- Improper administrative sanctions;
- Unlawful termination of labor contracts;
- Failure to ensure entitlements related to insurance and wages;
- Infringement of intellectual property rights and personal property;
- Complaints and denunciations of legal violations.
4. Is it mandatory to sign a service contract before providing consultation?
Pursuant to Article 26 of the Law on Lawyers 2006, lawyers must enter into a legal service contract when providing legal services, except where lawyers participate in proceedings at the request of procedural authorities or practice as individuals under employment contracts with agencies or organizations. Legal service contracts must be made in writing.
5. Are foreigners residing in Vietnam entitled to consultation on the protection of legitimate rights and interests?
Pursuant to Article 44 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, foreigners entering, exiting, transiting, or residing in Vietnam are entitled to protection of their life, honor, property, and other legitimate rights and interests under Vietnamese law during their residence in the territory of the Socialist Republic of Vietnam.
Accordingly, foreigners lawfully residing and working in Vietnam are entitled to legal consultation and protection of their legitimate rights and interests in accordance with Vietnamese law and international treaties to which Vietnam is a member.
IV. Legal consultation services related to the protection of legitimate rights and interests
The above constitutes all detailed information provided by NPLaw to assist clients regarding legal consultation on the protection of legitimate rights and interests. Should you have any further questions concerning the above matters or other legal issues, please contact NPLaw directly for professional consultation and guidance.
