How much allowance do legal aid assistants participating in procedure receive in Vietnam?

How much allowance do legal aid assistants participating in procedure receive in Vietnam?

Pursuant to Clause 3, Article 13 of Decree 144/2017/ND-CP regulating training for legal aid assistants as follows:

Legal assistants, when performing legal aid cases by participating in legal proceedings, are entitled to an allowance level equal to 40% of the allowance level applicable to lawyers specified in Clause 1 of this Article. maintenance equal to 20% of the allowance applicable to lawyers when providing legal aid in the form of non-litigation representation as prescribed in Clause 2 of this Article.

In addition, Clause 1, Clause 2, Article 13 of Decree 144/2017/ND-CP stipulates:

1. When carrying out a legal aid case by participating in proceedings, a lawyer who signs a legal aid contract with the Center is entitled to a session-based allowance (1/2 working day) of 0.38 base salary/01 working session but no more than 30 working sessions/01 case or in the form of lump sum payment for cases with a minimum level equal to 03 base salary/01 case and the minimum rate No more than 10 base salaries/case (based on complexity, procedural requirements and content of each specific case).

When applying the payment of allowance according to working sessions, time to research case files, time to meet, time to prepare documents, defense arguments, defense and time to perform tasks Other reasonable expenses must not exceed the maximum number of sessions paid to perform these tasks according to case costs.

2. When carrying out a legal aid case in the form of non-litigation representation, a lawyer who signs a legal aid contract with the Center will receive an allowance of 0.31 base salary/session but no more than 20 working sessions/case.

According to this Article, legal assistants participating in legal proceedings will receive compensation equal to 40% of the allowance applicable to lawyers signing legal aid contracts as prescribed above in Vietnam.

How much allowance do legal aid assistants participating in procedure receive in Vietnam? (Image from the Internet)

How do I receive allowance for carrying out a legal aid case in Vietnam?

According to the provisions of Article 15 of Decree 144/2017/ND-CP on procedures for requesting payment of remuneration, allowances and expenses for implementing legal aid cases as follows:

1. For payment by session, the legal aid assistant sends the following documents to the Center or Branch:

a) A statement of actual time spent following the form issued by the Ministry of Justice with confirmation from the agency, organization or individual where the legal aid assistant comes to work or meet;

b) List of costs for providing legal aid, accompanied by valid invoices and documents according to current financial regulations.

2. For case payment, the legal aid assistant sends the following documents to the Center or Branch:

a) A list of work performed according to the form issued by the Ministry of Justice with confirmation from the agency, organization or individual where the legal aid assistant comes to work or meet;

b) List of costs for providing legal aid, accompanied by valid invoices and documents according to current financial regulations.

3. For requests for payment of legal consulting cases, lawyers and legal aid collaborators send legal consulting documents to the Center or Branch.

4. The organization signing a contract to provide legal aid, when requesting payment for a legal aid case according to a working session or a lump sum payment, shall send the following documents to the Department of Justice of the province or city where the contract was signed:

a) Documents specified in Clause 1 or Clause 2 of this Article;

b) Written request for payment.

5. The organization signing a legal aid contract when requesting payment for a legal consulting case shall send the following documents to the Department of Justice of the province or city where the contract was signed:

a) Legal advice documents;

b) Written request for payment.

Thus, to receive allowance for performing legal aid cases, the person providing assistance must submit the documents specified above to the Legal Aid Center or Branch for payment in Vietnam.

Best regards!