2023: How to calculate the working time based on actual working sessions which applies to legal aid cases in the form of participation in proceedings and extrajudicial representation in Vietnam?

How to calculate the working time based on actual working sessions which applies to legal aid cases in the form of participation in proceedings and extrajudicial representation in Vietnam? - Mr. Quang (Lam Dong)

Pursuant to Circular 02/2021/TT-BTP guiding the calculation of working time based on actual working sessions.

In Article 3 of Circular 02/2021/TT-BTP, there are regulations on the working time based on actual working sessions as follows:

Working time based on actual working sessions
1. Working time based on actual working sessions (a half of working day) applies to legal aid case in the form of participation in proceedings, extrajudicial representation by legal aid-providing persons as a basis for payment of remuneration and gratuity for the performance of legal aid services.
2. An actual working session is calculated on the basis of 04 working hours. In case the legal aid-providing person works less than 04 hours, the calculation shall be as follows:
a) Calculated as a half of working session if the number of working hours is less than 03 hours;
b) Calculated as a working session if the number of working hours is at least 03 hours.
3. When applying the method of calculating working time based on actual working sessions, the legal aid-providing person must list the tasks and equivalent time performed in the Schedule of actual working time (Form TP-TGPL-01) ) issued together with this Circular.

Accordingly, an actual working session is calculated on the basis of:

- 04 working hours = 01 actual working session

- In case the legal aid-providing person works less than 04 hours, the calculation shall be as follows:

+ Calculated as a half of working session if the number of working hours is less than 03 hours;

+ Calculated as a working session if the number of working hours is at least 03 hours.

2023: How to calculate the working time based on actual working sessions which applies to legal aid cases in the form of participation in proceedings and extrajudicial representation in Vietnam?

Pursuant to Article 7 of Circular 02/2021/TT-BTP as follows:

Time for extrajudicial representation
1. Grounds for calculating the working time to provide legal aid for cases participating in extrajudicial representation include:
a) Meeting and contacting legally-aided persons and their relatives; witnesses;
b) Studying case files, preparing documents to perform the representation;
c) Verifying and collecting documents, objects, evidence, and facts related to the representation;
d) Working with relevant agencies, organizations and individuals;
dd) Participate in representation before agencies, organizations, and individuals competent to handle the case.
2. The working time of the legal aid-providing person must be certified by agencies, organizations, or individuals as follows:
a) The time for performing the activities specified at Points a, d, dd, Clause 1 of this Article shall be certified by the person working with the legal aid-providing person or the relevant agency, organization or individual, or organizations and individuals competent to settle the case;
b) The time for performing the activities specified at Points b, c Clause 1 of this Article shall be certified by the Center or Branch or the organization signing the contract to provide the legal aid.

Thus, Grounds for calculating the working time to provide legal aid for cases participating in extrajudicial representation include:

- Meeting and contacting legally-aided persons and their relatives; witnesses;

- Studying case files, preparing documents to perform the representation;

- Verifying and collecting documents, objects, evidence, and facts related to the representation;

- Working with relevant agencies, organizations and individuals;

- Participate in representation before agencies, organizations, and individuals competent to handle the case.

Clause 3, Article 8 of Circular 02/2021/TT-BTP has the following provisions:

Calculation of time in certain special circumstances
...
3. In case of replacement or change of legal aid-providing person
a) The period used as a basis for payment of remuneration or gratuity to the predecessor is the actual time that he/she has provided legal aid up to the time of being replaced or changed;
b) The time used as a basis for payment of remuneration and gratuity to the successor is the actual time during which he/she performs the subsequent tasks since being appointed as a substitute.
If the substitute chooses the form of fixed working time, the remuneration, gratuity paid to both two persons (the predecessor and the successor) shall not exceed the corresponding amount for fixed working time in the Appendixes No. 01, 02 and 03 issued together with this Circular.

Thus, In case of replacement or change of legal aid-providing person, the time according to the actual working session is calculated according to the content specified above.

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