Trang 4 activities for ethnic minorities in Vietnam, the PhD student chose the topic: "Help legal rights for ethnic minorities in the Northwest region" as the topic of his doctoral thesi
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY BUI HUY TOAN LEGAL AID FOR COMMUNITORS ETHNIC MINORITY IN THE NORTHWEST REGION Major : Theory and history of state and law Code : 9380106 SUMMARY OF DOCTOR OF LAW THESIS Ha Noi - 2024 The project was completed at Hanoi Law University Scientific instructors: PhD Nguyen Van Nam PhD Nguyen Quoc Hoan Reviewer 1: Reviewer 2: Reviewer 3: The thesis will be defended before the Academy-level Thesis Council meeting at Hanoi Law University At hour day month year 20 The thesis can be found at: National Library and Hanoi Law University Library INTRODUCTION Urgency of the topic Ethnic minorities (EMs) often reside in extremely difficult socio-economic areas, and are also strongly influenced by customary laws, customs, and practices in their daily activities and labor There are many customs and practices that have become old and outdated but are still maintained Ethnic minorities are a group with relatively low legal knowledge, so they are easily likely to violate the law, while they have difficulty accessing the law and not have the skills to use the law, so Protecting your legitimate rights and interests faces many difficulties Compared to the Kinh people, ethnic minorities are a disadvantaged group, they always need deep attention from the Party, the State as well as the entire society The consistent policy of our Party and State is to care for and care for ethnic minorities, improve people's lives, especially ethnic minorities in the Northwest, Central Highlands and Southwest, ensuring to narrow the gap between regions mountains versus lowlands, between ethnic minorities versus Kinh people One of the good social policies of the state is legal aid This is a policy that contributes to ensuring the legal rights and interests of disadvantaged people, helping them to use the law to protect their legal rights and interests, creating fairness in access to justice physical Current law has quite specific regulations on subjects eligible for legal aid, subjects, content, forms, methods, principles, funding, and procedures for legal aid for subjects, including ethnic minorities Although specifically prescribed by law, in reality, legal aid for ethnic minorities in general and for ethnic minorities in the Northwest region in particular still has many shortcomings, affecting their rights , legitimate interests of ethnic minority people in the Northwest region, distorting good social policies of the Party and State, and in some cases being used by bad forces to sabotage the Party and State Theoretically, legal aid is a subject of widespread research interest among domestic and foreign scientists, both on a general level and on the application level in building and perfecting institutions and policies as well as in the implementation organization However, there has not been a single research project that has comprehensively and extensively addressed legal aid activities for ethnic minorities in the Northwest region, so the specificities of subject, content, form, and method are unknown , as well as the factors affecting legal aid for this subject in the Northwest area have not been clarified This is not only a theoretical deficiency but also one of the reasons why the quality and effectiveness of legal aid activities for ethnic minorities in the Northwest region in recent times have not been as expected The above analysis shows that comprehensive and in-depth research on legal aid activities for ethnic minorities in the Northwest region of our country is very necessary in both theory and practice With the desire to clarify the theoretical, legal and practical basis of legal aid activities, thereby contributing to improving the effectiveness of legal aid activities for ethnic minorities in Vietnam, the PhD student chose the topic: "Help legal rights for ethnic minorities in the Northwest region" as the topic of his doctoral thesis Objectives and tasks of the thesis 2.1 Objective of the thesis The thesis is researched to contribute to perfecting the theoretical framework of legal aid activities for ethnic minorities in the Northwest region of our country today Based on theoretical research and assessment of the current status of legal aid activities for ethnic minorities in the area in recent times, the thesis proposes perspectives and solutions to improve the effectiveness of legal aid for ethnic minorities in the Northwest region 2.2 Thesis mission With the above objective, the thesis has the following tasks: - Fully identify the characteristics of legal aid activities for ethnic minorities in the Northwest region compared to legal aid for Kinh people in the area as well as compared to legal aid for ethnic minorities in other areas; Determine the subject, content, principles, and methods of implementation; Develop criteria to evaluate the effectiveness of legal aid activities for ethnic minorities in the Northwest region - Analyze recent achievements and limitations in legal aid activities for ethnic minorities in the Northwest region, clearly pointing out the causes of those achievements and limitations - Propose directions and solutions to improve the effectiveness of legal aid activities for ethnic minorities in the Northwest region in the coming time Subject and scope of research of the thesis - Thesis researching legal aid activities for ethnic minorities - The scope of the research is limited to the provinces in the Northwest region of our country, including the following provinces: Son La, Dien Bien, Lai Chau, Yen Bai, Lao Cai, Hoa Binh - The research period is limited from 2006 to present Research method of the thesis The thesis is researched on the basis of the methodology of MarxismLeninism and Ho Chi Minh's ideology The thesis uses specific research methods such as analysis and synthesis method, comparison method, statistical method, abstraction method In particular, to research this topic, the thesis also uses Using sociological methods and some other fieldwork methods New scientific contributions of the thesis The thesis is the first doctoral-level monograph researching legal aid for ethnic minorities in the Northwest region of our country With the desire to contribute to improving the effectiveness of legal aid work for ethnic minorities in the Northwest region of our country, the thesis has the following new contributions: - The thesis analyzes the characteristics of natural, economic and social conditions in the Northwest region On that basis, the thesis has completed the theoretical framework of legal aid activities for ethnic minorities in the area, ensuring compatibility with natural conditions, current economic and social life of the locality The thesis develops criteria to evaluate the effectiveness of activities for ethnic minorities in the Northwest region of our country The thesis also clearly points out the factors that ensure legal aid activities for ethnic minorities in the area - The thesis has objectively and comprehensively evaluated the current situation of legal aid activities for ethnic minorities in the Northwest region of our country and explained the causes of that situation - The thesis proposes authentic and feasible perspectives and solutions to improve the effectiveness of legal aid activities for ethnic minorities in the Northwest region of our country, including solutions on perfecting institutions and building an apparatus , solutions on physical and technical conditions, solutions on human resources, solutions on implementation organization Theoretical and practical significance of the thesis The thesis provides new knowledge about legal aid for ethnic minority people in the Northwest region; supplement and perfect knowledge about legal aid in general The research results of the thesis are useful reference documents in legal research and training activities at legal research and training facilities across the country The research results of this thesis are also a good reference for relevant agencies in the process of building and perfecting legal aid institutions in general, especially in the process of organizing the implementation of legal aid for ethnic minorities in the Northwestern provinces of our country Structure of the thesis In addition to the introduction, conclusion, list of references and appendices, the thesis content includes an overview and chapters Chapter 1: Theoretical issues about legal aid activities for ethnic minorities in the Northwest region of Vietnam Chapter 2: Current status of legal aid activities for ethnic minorities in the Northwest region of Vietnam Chapter 3: Perspectives and solutions to improve the effectiveness of legal aid activities for ethnic minorities in the Northwest region of Vietnam today OVERVIEW OF RELATED RESEARCH TO THE THESIS TOPIC AND THE PROBLEMS RAISED FOR THE THESIS 1.1 Overview of the research topic 1.1.1 Research situation of theoretical issues on legal aid As a topic with many scientific, theoretical and practical values, legal aid has long attracted the attention and research of many generations at home and abroad under many different research levels such as monographs , scientific articles, research topics at all levels, with many diverse and rich approaches aimed at certain specific purposes Regardless of the approach, the research works bring a lot of value to the field of legal science in general and to the topic of legal aid in particular In particular, the topics have made certain contributions to perfecting the theory of legal aid, serving as a basis for implementing legal aid in practice in different countries as well as for each specific target group 1.1.2 Research situation on the current status of legal provisions on legal aid and the current status of legal aid activities for ethnic minorities in the Northwest region 1.1.2.1 Regarding the practice of legal regulations on legal aid in Vietnam In this group we can mention the following projects: "The Global Study on Legal Aid" (The Global Study on Legal Aid); The topic "Scientific arguments and practice of amending and supplementing the Law on Legal Aid" was carried out by the Institute of Legal Sciences Research in collaboration with the Legal Aid Department under the Ministry of Justice in 2014 Research in articles: " Directions for developing the Law on Legal Aid" Journal of Democracy and Law No 10/2006 by Dr Dinh Trung Tung; “Legal Aid Law - an important law that creates conditions for legal aid recipients to exercise their rights and obligations” by Dr Vu Duc Khien; "Legal aid law - functions of the socialist rule of law state of the people, by the people and for the people" by Prof Dr Tran Ngoc Duong In general, new works only focus on assessing the legal status of legal aid from before and after the Law on Legal Aid from 2006 to 2015 During the period from 2015 to present, the law has had many changes, including The 2017 Legal Aid Law has been in effect for nearly years, but there has been no work to research or evaluate the current state of this law 1.1.2.2 About legal aid practice in Vietnam * Researching the current state of legal aid in a certain locality, there are quite a few works, but mainly master's theses as well as scientific articles, including: Master's thesis in law majoring in Theory and history of state and law by author Nguyen Thi Thanh Thuy, defended at the Ho Chi Minh National Academy of Politics and Administration, in 2010, with the topic: "Implementing the law on aid legal assistance for the poor and policy beneficiaries in Quang Ninh province"; Master's thesis in law in the major of Theory and history of state and law by author Nguyen Huu Long, defended at the Faculty of Law - Hanoi National University, in 2014 with the topic "Legal aid in Thanh Hoa province"; The article "Looking back at the innovation of legal aid work in recent times" by authors Nguyen Thi Minh & Trinh Thi Thanh Article "Legal aid in Quang Nam province" by author Le Hong Van The article "Legal aid activities difficulties and solutions in Lang Son", by author Bui Huyen Scientific research projects such as theses and research articles on legal aid mentioned above initially help the author have an overview of legal aid work for the poor, ethnic minorities, and other policy beneficiaries How should legal aid work for specific subjects such as ethnic minorities be carried out? How to make the solution effective and feasible? Assessing the current situation of this work must comprehensively assess the subject, content, form, order, procedures, funding, identify causes, achievements, limitations clearly indicate the cause these are great advantages for the author when researching this thesis topic * Regarding the current status of legal aid for a certain group of subjects, there are also a number of researched projects However, through the author's review and research, it has been shown that there has not been a scientific topic at the State, Ministry, or industry level, or a doctoral thesis researching legal aid for ethnic minorities in the Northwest region of Vietnam There are only a few research projects such as master's thesis in law, some scientific magazine articles, and electronic information portals of the Government, ministries, branches and localities; Some presentations at conferences , including: Monograph "Legal aid policy for the poor and ethnic minorities" by Do Xuan Lan, People's Culture Publishing House clan, Hanoi, 2015; Article "Some issues on legal aid for the poor and policy beneficiaries" by Dr Tran Huy Lieu published on Legal Science Information, Legal Aid Topic, No 4/2005; "Legal aid activities for women in Son La" by Master Bui Huy Toan, Journal of Democracy and Law, May 2016 Through studying these works, the author draws explanations, approaches, and practical experiences for researching his topic For example, assessing the current situation must comprehensively evaluate the subject, content, form, order, procedures, funding, identifying causes There are works that clearly point out the causes of advantages and disadvantages mechanism for implementing legal aid for the poor and ethnic minorities, these are great advantages for the author when researching this thesis topic On the contrary, the works only mention in general terms the implementing subjects, legal aid beneficiaries, implementation solutions, and guaranteed resources, which is a difficulty for the author when researching this topic It can be said that research on the current situation of legal aid for ethnic minorities in the Northwest region of Vietnam is still a "blank area" in legal research This is both an opportunity and a challenge for those interested in this research field 1.1.3 Overview of research on perspectives and solutions to improve the effectiveness of legal aid for ethnic minorities in the Northwest region of Vietnam Due to the lack of research on the current status of legal aid for ethnic minorities in the Northwest region of Vietnam, the number of studies on perspectives and solutions to improve the effectiveness of legal aid for ethnic minorities in the Northwest region of Vietnam is not much , mainly appearing in a number of master's theses and some magazine articles, such as: Master's thesis in jurisprudence in the major of Theory and history of state and law by author Trinh Thi Thuy Anh, defender at the Faculty of Law, Hanoi National University, in 2012, with the topic: "Legal aid for ethnic minorities in Thanh Hoa province"; Master's thesis in jurisprudence in the major of Theory and history of state and law by author Bui Huy Toan, defended at Ho Chi Minh National Academy of Politics and Administration, in 2014, with the topic: “ Innovating the organizational structure and legal aid activities in Son La province"; Article "Some solutions to promote socialization of legal aid activities" by author Le Thi Thu Ha, Journal of Democracy and Law, thematic issue 1/2018 1.2 Evaluation of the research situation related to the thesis topic and subsequent studies 1.2.1 The achievements are inherited and used in the thesis from research projects related to the thesis Starting from the research purpose, the research projects listed by the author above have achieved certain goals set by the topic The research results of the above topics, books, theses, dissertations, and articles are important and useful bases for the author to refer to, inherit, and use in the process of completing the research Improve your thesis topic Specifically: Theoretically: Works have developed the concept of legal aid with different approaches; Explain issues such as subject, content, form, principles, and role of legal aid in general In particular, domestic and foreign research projects all affirm that the nature of legal aid activities is the state providing free public services to certain social subjects, this activity demonstrates the nature of the state state and regime, and is also a content in the implementation of social functions of the state Regarding legal aid subjects, research projects all determine that the state does not directly assist subjects, but the state can establish state legal aid centers or competent state agencies organize signings Contract with other social institutions to provide legal assistance to subjects Regarding the form of legal aid, research projects have identified three main forms: consulting, participating in proceedings and representing subjects in legal relations These research achievements are authored by the authors The thesis author inherits and develops to research his subject in depth In terms of practice: Studies on the process of formation and development of legal aid regulations in general are referenced by the thesis author in researching specific regulations on legal aid activities for ethnic minorities in the Northwest region Current status of legal aid activities for people receiving legal aid in general Evaluations, comments, and analyzes of the current status of legal aid activities in localities across the country as well as legal aid for specific subjects are used by the author of this thesis as a reference to study legal aid for a group Specific subjects in a specific geographical area are ethnic minority people in the Northwest region, especially explaining the causes of achievements and limitations; Practical lessons learned Regarding viewpoints and solutions: On the basis of theoretical analysis, assessment of the current situation, and determination of causes, research projects have proposed viewpoints and solutions to improve the law on legal aid, improve quality, TGPL effectiveness The viewpoints and solutions mentioned in the works are also referenced for the author of this thesis to research and propose viewpoints and solutions to improve the effectiveness of legal aid for ethnic minority people in the Northwest region However, it should also be noted that the mentioned research projects are either solutions to improve the quality of legal aid or perspectives and solutions to improve the effectiveness of legal aid in general Therefore, the research achievements that have been achieved are only used as suggestions for the author to propose viewpoints and solutions in chapter of the thesis Regarding research methods, it can be said that the research works use methods such as analysis, synthesis, abstraction, generalization The author of this thesis inherits the research methods that have been used used above to continue researching this thesis topic 1.2.2 The issues raised need to be further researched and resolved Issues that need to be further researched and resolved include: Issues that have been successfully resolved but are no longer appropriate due to changed circumstances and new issues that need to be researched The research projects mentioned above generally approach legal aid on the most general level, either legal aid in a certain locality, or legal aid for a certain group of subjects within the space of a certain province Due to not approaching the specific conditions and socio-economic circumstances of the Northwest region, especially the socio-economic conditions of ethnic minorities in this area, there is no work that has mentioned this the specificities of legal aid for ethnic minorities in the Northwest region in terms of subject, content, form, methods, principles ; We have not analyzed the factors affecting legal aid for ethnic minorities in the Northwest region Therefore, there is no basis to evaluate the current situation, identify achievements, limitations, and point out the causes of the current state of legal aid for ethnic minorities in the Northwest region That leads to there not being an authentic and feasible proposal to improve the quality and effectiveness of legal assistance for ethnic minorities in the Northwest region of Vietnam On the other hand, many studies have been conducted on the basis of old legal regulations Up to now, over time, the law on legal aid has changed many points of view, ideology, content, and form The birth of the Law on Legal Aid in 2017 is a big milestone, marking a step forward after 10 years of implementing the Law on Legal Aid in 2006, which has led to a series of Decrees and Circulars guiding the implementation with updates and changes new In recent years, the socio-economic conditions of the country in general, and the socio-economic conditions of the Northwest region in particular, have changed and developed strongly, so information and data on these Summary and forecasts made in the past are no longer relevant and no longer meaningful in helping managers plan legal aid policies in current conditions The above analysis shows that this thesis needs to research and clarify the following issues: - Specific characteristics in legal aid activities for ethnic minorities in the Northwest region in general - The necessity of legal aid activities for ethnic minorities in the Northwest region - Subject, content, form, method, principles Legal aid for ethnic minorities in the Northwest region - Influencing factors and guarantees for legal aid activities for ethnic minorities in the Northwest region - Recent achievements and limitations in legal aid activities for ethnic minorities in the Northwest region, causes of those achievements and limitations - Perspectives and solutions to improve the effectiveness of legal aid activities for ethnic minorities in the Northwest region in the coming time 1.3 Research hypotheses and research questions 1.3.1 Research hypothesis Legal aid activities for ethnic minorities in the Northwest region of Vietnam are different from legal aid activities for Kinh people living in the Northwest region, as well as differences compared to legal aid activities for ethnic minorities living in other areas different areas across the country in terms of subject, content, form, method, principles Therefore, it is necessary to have appropriate legal regulations as well as to select and determine the subject to conduct, Appropriate content and form ; Only then will legal aid activities for these subjects be most effective 1.3.2 Research question From the above hypothesis, the writer poses research questions that need to be answered in his research work, specifically as follows: (1) What are the specialties of legal aid for ethnic minorities in the Northwest region compared to legal aid for Kinh people in the Northwest, as well as for ethnic minorities living in other areas in terms of subject, content, and form? , method of proceeding? (3) What is the current status of legal aid for ethnic minorities in the Northwest region; What is the cause of that achievement and limitation? (4) To improve the effectiveness of legal aid for ethnic minorities in the Northwest region, what perspectives need to be thoroughly grasped? What are the solutions to promote positive results, eliminate and minimize weaknesses in legal aid activities for Northwest ethnic minorities in the coming time? 11 Fifth, legal aid for ethnic minorities in the Northwest region in many cases still requires the initiative of helpers In summary, from the above analysis, it can be understood: Legal aid for ethnic minorities in the Northwest region is a free legal assistance activity of agencies, organizations and individuals according to the provisions of law in the legal cases, associated with the specifics of beneficiaries, subjects, and implementation methods, in order to effectively protect the legal rights and interests of ethnic minority people in the Northwest region 1.1.2.2 The necessity of legal aid activities for ethnic minorities in the Northwest region of Vietnam Along with building a socialist-oriented market economy, building a rule-oflaw State of the people, by the people and for the people; The need for legal assistance for fellow citizens is increasing as well as the role of the State in legal aid activities is increasingly properly recognized and expressed more clearly The necessity of legal aid activities can be summarized in the following two aspects: - Originating from people's life requirements - Originating from the state 1.2 Legal basis of legal aid activities for ethnic minorities in the Northwest region of Vietnam Legal aid must be regulated by law, however, the best adjustment is by legal documents promulgated by the legislature Theory and practice have proven that legal documents and legal documents issued by the legislature - the highest state authority, the highest representative body of the people, fully represent the will, aspirations of the entire people - promulgation will best and most effectively regulate social relations arising in the process of legal aid However, due to objective and subjective conditions, legal documents may not be able to regulate in detail all social relationships arising in the process of legal aid At that time, it is necessary to concretize and detail by sub-law documents such as decrees, circulars, resolutions of the People's Council, decisions of the People's Committee, creating a system of legal documents Adjust legal aid activities In that case, it is required that the system of legal documents must be comprehensive, unified, synchronous, appropriate, with high-level language and legislative techniques, relatively stable and as compact as possible 1.3 Subjects, subjects, content, forms and principles of legal aid for ethnic minorities in the Northwest region of Vietnam 1.3.1 Subjects receiving legal aid Ethnic minorities are one of the subjects receiving legal aid, but not all ethnic minorities are entitled to the state's legal aid policy Because, as stated, legal aid is a free legal service that the state provides to citizens, while the state does not have full capacity to provide public services to the entire society, only one Only certain subjects can benefit from this service 1.3.2 Subject of legal aid Legal aid subjects include: organizers of legal aid activities and implementers of legal aid activities 12 1.3.3 Content of legal aid for ethnic minorities From the real life of ethnic minorities in the Northwest region, it can be seen that the content of legal aid for ethnic minorities in the Northwest region can focus on the following areas: - Legal assistance in the field of criminal law and criminal proceedings - Legal aid in the fields of civil law, marriage and family, and civil proceedings is also a major field of legal aid for ethnic minorities in the Northwest region - Legal assistance in the field of administrative law - Legal assistance in other areas of law 1.3.4 Forms of legal aid for ethnic minorities Theory as well as practice in the Northwest ethnic minority area shows that there are often forms of legal aid used as follows: Firstly, legal advice Second, participate in litigation Third, extra-litigation representation Fourth, reconciliation activities Fifth, other forms 1.3.5 Principles of legal aid Legal aid work in the Northwest region must be carried out based on basic viewpoints, ideas, directions and throughout the implementation process The implementation of legal aid activities is carried out based on the following principles: - Comply with the Constitution and laws - Comply with ethics and professional rules - Ensure the legal and legitimate rights and interests of the person being assisted in the best and highest way - Free for people with legal aid - Harmoniously combine the law with the traditions, customs, and lifestyle of ethnic minorities in the Northwest region - Attach the responsibility of the person providing the assistance to the assistance activity 1.4 Conditions to ensure legal aid activities for ethnic minorities in the Northwest region of Vietnam To ensure that legal aid activities for ethnic minorities in the Northwest region achieve the best results, it is necessary to have all economic, political, social factors to ensure that legal aid activities can take place conveniently and easily and get the desired results These are the following guarantees: 1.4.1 Political guarantees 1.4.2 Organizational assurance 1.4.3 Legal guarantee 1.4.4 Economic guarantee 1.4.5 Social assurance 13 1.4.6 Other factors (customs, social environment ) 1.5 Criteria for evaluating the effectiveness of legal aid activities for ethnic minorities in the Northwest region of Vietnam The above analysis shows that, evaluating the effectiveness of legal aid activities for ethnic minorities in the Northwest region, it is necessary to consider the following aspects: First, the needs of the person receiving legal aid Second, transparency, accuracy, speed and the ability to handle complexity in legal aid cases Third, costs for legal aid activities Fourth, the level of satisfaction of people being helped with legal aid activities Conclusion of chapter Legal aid for ethnic minorities in the Northwest region is the activity of agencies, organizations and individuals providing free help in legal cases to protect the legal rights and interests of ethnic minority people Northwest region Legal aid activities for ethnic minorities have all the characteristics of legal aid activities in general Besides, this activity also has specific characteristics in terms of help objects and scope of help; form of assistance Legal aid for ethnic minorities in the Northwest region is a policy to ensure human rights and civil rights for people who not have the conditions to access and use the law, in order to protect legitimate rights and interests them according to the provisions of law This work is a legal service associated with the state's responsibility to provide public services TGPL only provides services to a special group of citizens to meet the help needs of policy beneficiaries, vulnerable people and the poor The subject of law enforcement is relatively broad, including those who organize legal aid activities for ethnic minorities; those who carry out assistance activities; for ethnic minorities The content of legal aid for ethnic minorities in the Northwest region is to answer the law, guide people being helped to carry out legal activities in accordance with the order, procedures, and time prescribed by law guide them to properly exercise their rights and obligations; support and help them protect their rights and interests Forms of legal aid for ethnic minorities in the Northwest region include legal advice, participation in proceedings, non-litigation representation and other forms Factors affecting legal aid activities for ethnic minorities in the Northwest region are economic, political, social, legal, organizational and other factors 14 Chapter CURRENT STATUS OF LEGAL AID FOR ETHNIC MINORITY IN THE NORTHWEST REGION OF VIETNAM 2.1 Current status of the law regulating legal aid activities for ethnic minorities in the Northwest region, Vietnam 2.1.1 About legal form It can be said that the law on legal aid for ethnic minorities in the Northwest region in particular and legal aid in general is relatively compact, stipulated in not too many documents, and generally easy to access for both people and state agencies relevant countries, organizations and individuals 2.1.2 Regarding legal content In terms of comprehensiveness: It can be said that legal documents on legal aid have relatively comprehensive regulations on the principles of legal aid operations; State policy on legal aid; financial sources for legal aid work; Subjects eligible for legal assistance; organize the implementation of legal aid; legal aid implementer; legal aid activities; scope and field of legal aid; form of legal aid; Responsibilities of state agencies, organizations, and individuals for legal aid activities as mentioned above In terms of unity and synchronization: It can be said that basically the regulations on legal aid have a fairly high level of unity and synchronization Regulations on subjects eligible for legal aid, their rights and obligations; The regulations on legal aid organizations, legal aid providers, and the rights and obligations of these subjects are relatively consistent and synchronized with each other, unified and synchronized with the provisions in the Criminal Procedure Code and the Criminal Procedure Code Civil litigation, Administrative Procedure Law, regulations in the Complaint Law, Denunciation Law In terms of suitability: The regulations on legal aid are all built on the basis of policies of the Communist Party of Vietnam on hunger eradication, poverty reduction, ethnic and mountainous policies, and ensuring social security Association The Law on Legal Aid ensures compatibility with the socioeconomic conditions of our country, taking into account the characteristics of the living areas of ethnic minorities, in accordance with the good traditions of the nation To some extent, it can be said that our country's legal aid regulations are similar to the legal aid laws of many countries around the world, which is a free legal aid policy for certain subjects intend In terms of transparency: The 2017 Law on Legal Aid and regulations in other legal documents on legal aid are generally transparent, clear, and easy to understand It can be said that people with a normal level of knowledge when approaching these regulations can easily grasp the regulations on legal aid relatively completely and comprehensively To some extent, it can be said that ethnic minority people in the Northwest region of Vietnam can also access and grasp the regulations on legal aid without too much difficulty 15 In terms of stability: The law on legal aid has quite high stability For the first time, the Law on Legal Aid was promulgated in 2006, and this law was maintained for a period of more than 10 years By 2017, due to the requirements and demands of life, the 2006 Law on Legal Aid was comprehensively amended and supplemented and replaced by the 2017 Law on Legal Aid Compared to many other legal documents in Vietnam, In the South, a law with a lifespan of more than 10 years is considered quite stable In addition, other regulations on legal aid stipulated in other legal documents such as the Criminal Procedure Code 2017, Civil Procedure Code 2015 have also been relatively stable since then now 2.2 Current status of subject, content, form, implementation of principles and effectiveness of legal aid for ethnic minorities in the Northwest region recently During the years of implementing the legal aid policy for ethnic minorities according to the law on legal aid in the Northwest region from 2017-2021, state legal aid centers have carried out 15,720 legal aid cases with 11,318 legal consulting cases, 3,615 legal advice cases cases participating in legal proceedings, 160 cases of non-litigation representation and 627 other cases for 413,143 subjects receiving legal aid, including 14,756 ethnic minorities, 964 people who are both poor households and ethnic minorities Through legal aid activities Specific cases have helped the poor and ethnic minorities protect their legal rights and interests, improve their understanding and awareness of the law, and on that basis they can behave in accordance with the law and respect them and comply with the law, contributing to ensuring justice, implementing social justice, maintaining social order and safety, and preventing violations of the law Below is an assessment of the current status of the subject, content, form, implementation of principles and effectiveness of legal aid for ethnic minorities in the Northwest region recently 2.2.1 About the subject - For entities that are organizations implementing legal aid - For the subject being the individual who performs legal aid + About legal professional capacity + Regarding ethnic minority language proficiency + About the level of understanding of the culture, lifestyle, and way of thinking of ethnic minorities + Regarding coordination and support in legal aid activities 2.2.2 Regarding fields and help content According to the Report summarizing the legal aid work of the Northwest provinces, in the period (2017-2021), the cases that have received legal aid are 15,720 cases divided by field as follows: - Legal aid in the field of criminal law is 5,033 cases, accounting for 32% such as crimes of smuggling, drugs, intentional injury, murder - Legal aid in the field of civil law, marriage and family is 4,086 cases, accounting for 26% such as loan procedures for production and business, child marriage phenomenon, anti-child marriage 16 - Legal aid in the field of administrative law 3,615 cases, accounting for 23% - Legal aid in other areas of law: 2,986 cases accounting for 19%, mainly in the land field, such as procedures for transferring land use rights, registering changes 2.2.3 About the form of help - About forms of communication support - Level of use of each form - Results of each form 2.2.4 On the implementation of the principle of assistance - In principle of compliance with the Constitution and laws - Regarding the principle of compliance with ethics and professional rules - In principle, it best ensures the legal and legitimate rights and interests of the person being assisted - In principle, not collect money, material benefits or other benefits from the person receiving legal aid - In principle, harmoniously combine the law with the moral concepts, traditions and customs of ethnic groups, and the lifestyle of ethnic minorities - Regarding the principle of attaching the responsibility of the person providing assistance to the assistance activity 2.2.5 Current status of assistance effectiveness in the period from 2017 to 2021 - Regarding the number of cases requiring assistance - Regarding the level of meeting support needs: - Regarding the level of hunger eradication and poverty reduction after legal assistance - Regarding the level of access to the law after receiving assistance In summary, legal aid activities for ethnic minorities in the Northwest region have been carried out relatively effectively People's requests for legal assistance are met promptly and fully, with regulations that create maximum favorable conditions for people to submit requests for legal assistance, stipulating time limits for resolving cases to help resolve cases The work is done quickly and conveniently, avoiding causing trouble and wasting people's time By organizing participation in legal aid, the quality of legal aid is improved, creating people's trust in this humane policy Although TGPL is the provision of free legal services, quality is emphasized The coordination mechanism in legal aid activities has been strengthened to help a large number of people know about this activity, and at the same time create favorable conditions for legal aid organizations in the process of coordinating the implementation of specific legal aid cases Thanks to legal aid activities, the lives of ethnic minority people in the Northwest region have been one step improved, and people's trust in the Party and State has been strengthened and enhanced 2.3 Causes of the current situation of legal aid for ethnic minorities in the Northwest region There are many reasons for the current situation of legal aid for ethnic minorities in the Northwest region, including: 17 Firstly, there are major changes in institutions related to legal aid work Second, the work of legal communication and dissemination of the Law on Legal Aid and legal regulations in the Northwest provinces is mainly carried out through coordination with other agencies, the main subjects of communication mainly officials, civil servants, and public employees who have not yet targeted the poor, ethnic minorities, and policy beneficiaries Third, there are limitations in the level of awareness of ethnic minorities in the Northwest region Fourth, the quantity and quality of human resources for legal aid for ethnic minorities in the Northwest region are not guaranteed, lacking in quantity and weak in quality, not commensurate with the needs and tasks of legal aid work in the new situation Fifth, there is still a situation where legal aid is considered the sole responsibility of the justice sector, so in some places the Department of Justice and the Provincial Ethnic Committee have not been proactive in coordinating to carry out legal aid for ethnic minorities or have coordinated but not yet synchronously, leading to low effectiveness in implementing legal aid policy Sixth, the quality management mechanism of legal aid activities has not received proper attention from party committees and local authorities The issue of the quality of legal aid activities and the assessment and confirmation of the quality of legal aid activities is usually only conducted by state legal aid centers or the judiciary, with few views and assessments from third parties Seventh, facilities and funding to ensure operations are still limited and lacking Funding for purchasing, repairing, and maintaining equipment and facilities to serve the unit's professional work is also very tight Eighth, monitoring, inspection, and reporting are still very limited and irregular Conclusion of chapter After more than two decades of formation and development, our country's system of legal documents on legal aid has increasingly improved and affirmed its position and role in ensuring the implementation of social policies such as hunger eradication poverty reduction, preferential policies for people with meritorious services, social security policies, protection of legal rights and interests for ethnic minorities in general and ethnic minorities in the Northwest region in particular The current status of the subject, content, form, and implementation of the principle of legal aid for ethnic minorities in the Northwest region basically meets the requirements of legal aid work for ethnic minorities in the Northwest region under the current conditions continue to build and perfect the Vietnamese Socialist Rule of Law State in the new period Besides the advantages, the shortcomings and limitations of legal aid work need to be absorbed and researched to amend the 2017 Law on Legal Aid as well 18 as guiding documents such as: expanding the subjects of legal aid, consolidating and perfecting the organization of the ministry machinery, leanness, efficiency in accordance with Resolution No 18-NQ/TW dated October 25, 2017 on a number of issues of continued innovation and organizational arrangement of the streamlined political system, operations effectiveness, efficiency; Resolution No 19-NQ/TW dated October 25, 2017 on continuing to innovate the organization and management system, improve the quality and operational efficiency of public service units, contributing to perfecting the State Vietnam's socialist rule of law of the people, by the people, for the people, and led by the Communist Party has a complete legal system, strictly and consistently implemented; uphold the Constitution and the law, respect, ensure and effectively protect human rights and civil rights Chapter VIEWPOINTS AND SOLUTIONS TO IMPROVE EFFICIENCY LEGAL AID FOR ETHNIC MINORITY THE NORTHWEST AREA OF VIETNAM NOW 3.1 Perspectives on improving the effectiveness of legal aid activities for ethnic minorities in the Northwest region To improve the effectiveness of legal aid activities for ethnic minorities in the Northwest region, it is necessary to consistently follow the following guiding viewpoints: First, thoroughly implement the principle of taking the legal rights and interests of the person receiving legal aid as the center Second, expand legal aid subjects to ethnic minorities in general, and ethnic minorities in the Northwest region in particular Third, synchronously implement legal aid with hunger eradication and poverty reduction, ensuring fairness, equality, and social security; Integrating legal aid with law dissemination and education Fourth, widely attract resources to implement legal aid 3.2 Solutions to improve the effectiveness of legal aid activities for ethnic minorities in the Northwest region To promote the positive significance of legal aid work for ethnic minorities in the Northwest region, it is necessary to identify a comprehensive set of solutions to not only meet urgent requirements but also ensure sustainable, longterm development I think the solutions mentioned below will contribute to achieving that goal: 3.2.1 Raising awareness about legal aid for ethnic minorities in the Northwest region It can be seen that this is a fundamental, sustainable and long-term solution Once social actors and ethnic minorities are well aware of legal aid for ethnic