Is meeting witnesses of legal aid providers calculated as working time to provide legal aid in Vietnam?
Is meeting witnesses of legal aid providers calculated as working time to provide legal aid in Vietnam? Does joining the dialogue in administrative proceedings serve as ground for calculating the working time to provide legal aid in Vietnam?
Is meeting witnesses of legal aid providers calculated as working time to provide legal aid in Vietnam?
Pursuant to Clause 1, Article 5 of Circular 02/2021/TT-BTP regulating grounds for calculating the working time to provide legal aid for cases participating in civil procedures include:
a) Working with legally-aided persons and related people to determine the disputed legal relationship; assess the requirements for initiating lawsuits, counterclaims, and independent claims; advice and guidance on writing lawsuit petitions, petitions for application of provisional urgent measures, and counter-claims; independent petitions, providing evidence to the court; guiding the preparation of lawsuit dossiers or other tasks during the stage of lawsuit initiation and case handling;
b) Working with legally-aided persons, litigants and related agencies, organizations and individuals on root causes and matters of dispute, evidence or other work during the preparation stage for adjudication;
c) Participating in meetings to examine the handover, assessment and disclosure of evidence; verifying, collecting and evaluating relevant necessary documents, objects and evidence;
d) Taking part in taking testimonies of involved parties, witnesses and other related persons; participating in activities of appraisal and valuation of assets and performing other procedural work at the request of presiding agencies;
dd) Participating in mediation in accordance with law;
e) Working with presiding officers, presiding agencies according to procedural stages;
g) Meeting with litigants, witnesses and other proceeding participants on other relevant matters;
h) Studying case files, copying, and preparing documents at the presiding agencies or at the Center, Branch, or organization signing contract to provide legal aid;
i) Preparing defense arguments;
k) Participating in court hearings or meetings to resolve non-litigious civil cases. In case a legal aid-providing person appears in court but the court session is adjourned not due to the request of the legal aid-providing person and without prior notice, the working time of the legal aid-providing person begins from the time when he/she has worked with presiding agencies and presiding persons on related matters to the time when the court session is adjourned;
l) Performing work related to procedures for appealing the first-instance judgments, appellate judgments, cassation procedures or reopening procedures;
m) Performing other reasonable tasks as prescribed by law in service of defense.
Thus, the time spent meeting witnesses about other related contents is calculated as working time to provide legal aid for cases participating in civil procedures according to the above regulations in Vietnam.
Is meeting witnesses of legal aid providers calculated as working time to provide legal aid in Vietnam? (Image from the Internet)
Does joining the dialogue in administrative proceedings serve as ground for calculating the working time to provide legal aid in Vietnam?
According to the provisions of Clause 1, Article 6 of Circular 02/2021/TT-BTP on grounds for calculating the working time to provide legal aid for cases participating in administrative procedures include:
a) Participating in activities specified at Points a, b, c, d, e, g, h, i, k, l, m Clause 1 Article 5 of this Circular;
b) Joining the dialogue.
According to this Article, participating in dialogue is considered a ground for calculating the working time to provide legal aid for cases participating in administrative procedures in Vietnam.
Best regards!