How much is lawyer's remuneration when asked to participate by the proceeding agency in Vietnam?

How much is lawyer's remuneration when asked to participate by the proceeding agency in Vietnam?

In Clause 1, Article 2 of Joint Circular 191/2014/TTLT-BTC-BTP stipulating the remuneration for lawyers when requested to participate by the procedure-conducting agency as follows:

1. The remuneration paid for 01 working day of lawyers participating in legal proceedings in a case requested by the procedure-conducting agency is 0.4 times the base salary prescribed by the Government. 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.

In Clause 2, Article 3 of Decree 38/2019/ND-CP, the base salary is as follows:

2. From July 1, 2019, the statutory pay rate is VND 1,490,000 per month.

Thus, when a lawyer is requested by a procedure-conducting agency to participate in the defense of an offender, the lawyer shall be entitled to a remuneration of 0.4 times the base salary for a working day. A lawyer's working day is 08 hours. Equivalent to 1,490,000 x 0.4 = 596,000 VND. In case a lawyer works less than 8 hours/day, the lawyer's remuneration will be calculated according to the lawyer's specific working time according to the above provisions in Vietnam.

What is calculation of working time of Lawyers when asked to participate by the proceeding agency in Vietnam?

In Clause 2, Article 2 of Joint Circular 191/2014/TTLT-BTC-BTP, the working time of lawyers is as follows:

2. The lawyer's working time is calculated including:

a) Time to meet the person arrested, detained, detained, prosecuted, investigated, prosecuted and tried: Determined by the actual time the lawyer meets the person arrested, detained, detained or prosecuted, investigating, prosecuting and adjudicating in custody houses, detention camps or detention centers of procedure-conducting agencies according to the permitted schedule;

b) Time to collect documents, objects and circumstances related to the defense: Determined according to the 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 complicated nature of each case;

c) Time to study dossiers and prepare documents at the procedure-conducting agency: Determined according to the timesheet certified by the place where the lawyer comes to study the file;

d) Time to participate in the court hearing: 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.

dd) 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, detained, prosecuted, investigated, prosecuted, tried according to a schedule that allows meeting with the person arrested, detained, detained, prosecuted, investigated, prosecuted, If the trial is held at a detention house, detention camp, detention center or the time to participate in the trial is outside of office hours, days off, and public holidays, the working time shall be calculated according to the principle of payment of wages for working hours, overtime for cadres, civil servants and public employees, specifically as follows:

150% rate applies to overtime on weekdays.

The 200% rate applies to overtime on weekly rest days.

The rate of 300% applies to overtime on public holidays or compensatory days off if the public holiday coincides with 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, dd of this clause, as a basis for paying attorneys' remuneration.

According to this Article, the lawyer's working time includes the above-mentioned periods in accordance with the law in Vietnam.

In addition to the remuneration in process of participating in proceedings when requested by the procedure-conducting agency, what other remuneration shall the lawyer receive in Vietnam?

In Clause 3, Article 2 of Joint Circular 191/2014/TTLT-BTC-BTP stipulating other remunerations of lawyers when requested to participate by the procedure-conducting agency as follows:

3. In addition to the remuneration, in the process of preparing and participating in the defense at the court hearing, if the lawyer has to go on a business trip, he/she shall be paid a business trip according to current regulations on the regime of working-trip allowances for officials, State civil servants traveling on domestic work at the expense level applicable to civil servants who do not hold leadership positions.

The time and place of the lawyer's business trip must be confirmed by the procedure-conducting agency.

The above are remunerations that lawyers receive in addition to remuneration during their participation in the proceedings when they are requested by the procedure-conducting agency to participate in accordance with the law in Vietnam.

Best regards!