Vietnam: How much is the remuneration of the lawyer participating in the proceedings at the request of the procedure-conducting agency?
How much is the remuneration of lawyer participating in the proceedings at the request of the procedure-conducting agency?
According to the provisions of Article 2 of Joint Circular No. 191/2014/TTLT-BTC-BTP on the remuneration of lawyers participating in the proceedings at the request of the procedure-conducting agency as follows:
- The remuneration paid for 01 working day of lawyers participating in the proceedings in the case requested by the procedure-conducting agency is 0.4 times the statutory pay rate.
A lawyer's working day is calculated on the basis of 08 working hours.
In case, the lawyer works for many days, but each day does not work for enough 08 hours, the number of working days of the lawyer is calculated on the total actual working hours of the lawyer. The remaining odd working hours (if any) are calculated as follows:
If the odd number of working hours is not enough 06 hours, it will be counted as ½ working day.
If the number of odd working hours is from 06 hours or more, it will be counted as 01 working day.
- The lawyer's working time is calculated including:
+ Time to meet the person arrested, detained, detained, prosecuted, investigated, prosecuted, tried: Determined by the actual time the lawyer meets the person arrested, detained, detained, prosecuted, investigating, prosecuting and adjudicating in custody houses, detention camps, detention camps of procedure-conducting agencies according to the permitted schedule;
+ Time to collect documents, objects and circumstances related to the defense: is determined according to a written agreement on the number of days to collect documents, objects and circumstances related to the defense between the procedure-conducting agency and the lawyer, depending on the complexity of each case;
+ Time to study records and prepare documents at the proceeding agency: Determined according to the timesheet certified by the place where the lawyer comes to study the file;
+ Time to participate in the trial: Determined according to the time of the trial; in case the court session is adjourned not because of the lawyer's request and the lawyer is not notified in advance, the procedure-conducting agency must pay the lawyer's remuneration equal to ½ of the lawyer's working day;
+ Other reasonable time at the request of the procedure-conducting agency to participate in the proceedings.
In case a lawyer meets a person who is arrested, detained, prosecuted, investigated, prosecuted, tried according to a schedule that allows meeting with the person arrested, detained, detained, prosecuted, investigated, prosecuted, tried at a custody house, detention camp, detention center or attended court sessions outside office hours, inside day off and public holidays, the working time shall be calculated according to the principle of paying wages for working at night and overtime for cadres, civil servants and public employees, specifically as follows:
+ 150% rate applies to overtime on weekdays.
+ The rate of 200% applies to overtime hours on weekly rest days.
+ The rate of 300% applies to overtime on holidays or compensatory days off if the holiday falls on a weekly rest day.
The lawyer's working time must be certified by the procedure-conducting agency or person who directly settles the case on the basis of the summary of the working time at Points a, b, c, d, and dd of this Clause, serving as a basis for paying lawyers' fees.
- In addition to the remuneration, in the process of preparing and participating in the defense at the court hearing, if a lawyer has to go on a business trip, he/she may be paid a trip trip according to current regulations on the regime of working-trip allowances for state cadres and civil servants who go on a business trip to the country according to the level of expenditure applicable to civil servants who do not hold leadership positions.
- In addition to the above remuneration and expenses, the lawyer must not claim any other money or benefits from persons arrested, detained, detained, prosecuted, investigated, prosecuted, tried, or their relatives.
In which, the statutory pay rate as prescribed in Clause 2, Article 3 of Decree No. 38/2019/ND-CP, applied until the end of June 30, 2023, the provisional remuneration of lawyers participating in the proceedings at the request of the procedure-conducting agency is VND 596,000/day.
Vietnam: How much is the remuneration of lawyer participating in the proceedings at the request of the proceeding agency?
What are the rights of lawyers in criminal cases in Vietnam?
According to the provisions of Clause 2, Article 72 of the 2015 Criminal Procedure Code of Vietnam:
Defense counsels
…
2. Defense counsels may be:
a) Lawyers;
...
Thus, lawyers can be defense counsels in criminal cases. As defense counsels, lawyers have the rights under Clause 1, Article 73 of the 2015 Criminal Procedure Code of Vietnam, specifically as follows:
- Meet and inquire about persons facing charges;
- Be present during the extraction of statements from arrestees and temporary detainees or the interrogation of suspects, and question arrestees, temporary detainees and suspects with the consent of individuals authorized to acquire statements or conduct interrogation. After authorized individuals end a session of statement extraction or interrogation, defense counsels may raise questions to arrestees, temporary detainees and suspects;
- Engage in the activities of confrontation, identification, recognition of voice and other investigative activities as per this Law;
- Be informed by competent procedural authorities of timing and location for taking statements or interrogating, and schedule and venue for other activities of investigation as per this Law;
- Read the records of legal proceedings, in which they have participated, and decisions on legal procedure against persons whom they defend;
- Request the replacement of persons given authority to institute legal proceedings, expert witnesses, valuators, interpreters and translators; and request the changes or termination of preventive and coercive measures;
- Petition for legal proceedings according to this Law; for summoning of witness testifiers, other participants in legal procedure or authorized procedural persons;
- Gather and present evidences, documents, items and request;
- Inspect, assess and confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;
- Request competent procedural authorities to collect evidences, add or repeat expert examinations or revaluate property;
- Read, transcribe and photocopy documents from case files related to their activities of pleading upon the end of investigations;
- Engage in debates and questioning sessions in court;
- File complaints about competent procedural authorities and persons’ decisions and legal proceedings;
- Lodge appeals against the Court’s judgments and rulings if defendants are less than 18 years old or have mental or physical defects as per this Law.
What are the duties of a lawyer in criminal cases in Vietnam?
According to the provisions of Clause 2, Article 73 of the 2015 Criminal Procedure Code of Vietnam:
- Implement all measures as defined by the laws to clarify facts absolving persons facing charges or mitigating criminal liabilities of suspects and defendants;
- Provide legal assistance to protect legitimate rights and benefits of persons facing charges;
- Preserve no right to refuse to defend charged persons whom they have agreed to plead for, if excuses do not rely on force majeure or objective obstacles;
- Respect the truth and be inhibited to bribe, coerce or incite other people to provide false statements or documents;
- Appear as per the Court’s subpoena; or, if defense counsels are appointed according to Point 1, Article 76 of this Law, as per a subpoena by investigation authorities or The procuracy;
- It is inhibited to disclose investigation secrets perceived during their activities of pleading; or exploit documents transcribed or copied from case files to violate the government’s interests, public benefits, legitimate rights and benefits of authorities and entities;
- It is forbidden to divulge information on the lawsuit and charged person, which they attain when pleading, unless otherwise agreed by the accused person. It is inhibited to exploit such information to infringe the Government’s interests, public benefits, legitimate rights and benefits of authorities and entities.
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