Maximum Remuneration for Lawyers Participating in Criminal Proceedings Cases

What is the maximum remuneration for lawyers when participating in criminal proceedings?

According to Article 18 of Decree 123/2013/ND-CP, the maximum remuneration for lawyers participating in criminal proceedings is stipulated as follows:

1. The remuneration for lawyers participating in criminal proceedings is agreed upon between the client and the law office or law firm in the legal service contract based on the provisions of Clause 1, Article 55 of the Law on Lawyers. The fee is calculated either hourly or per case, but the highest rate for one hour of a lawyer's work shall not exceed 0.3 times the statutory pay rate as stipulated by the Government of Vietnam.

The working hours of the lawyer are agreed upon between the lawyer and the client.

2. Law offices and law firms are encouraged to waive or reduce lawyer fees for the poor and policy beneficiaries.

Based on the above regulations, the highest remuneration for one hour of a lawyer's work shall not exceed 0.3 times the statutory pay rate as stipulated by the Government of Vietnam.

Clause 2, Article 3 of Decree 38/2019/ND-CP stipulates the statutory pay rate as follows:

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

Thus, the highest remuneration for one hour of a lawyer's work shall not exceed VND 447,000/hour.

What is the remuneration paid for cases where the investigative agency requests a lawyer?

According to Article 19 of Decree 123/2013/ND-CP, the remuneration and expenses for lawyers in cases where the investigative agency requests the lawyer to participate in the proceedings are stipulated as follows:

1. For cases where the investigative agency requests a lawyer, the remuneration paid for one working day of the lawyer is 0.4 times the statutory pay rate as stipulated by the Government of Vietnam.

2. The working hours of the lawyer are calculated to include:

a) Time spent meeting with the detainee, the accused, or the defendant;

b) Time spent collecting relevant documents, objects, and circumstances for the defense;

c) Time spent studying files and preparing documents;

d) Time spent attending court sessions;

e) Other reasonable time to perform participation in proceedings as requested by the investigative agency.

The working hours of the lawyer must be confirmed by the investigative agency or the person directly handling the case.

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For cases where the investigative agency requests a lawyer, the remuneration paid for one working day of the lawyer is 0.4 times the statutory pay rate. With the current statutory pay rate being VND 1,490,000, the lawyer's remuneration is VND 596,000.

Respectfully!