What are regimes and policies for Legal aid assistants of the state legal aid centers in Vietnam?

What are regimes and policies for Legal aid assistants of the state legal aid centers in Vietnam?

Article 11 of Decree 144/2017/ND-CP stipulates regimes and policies for Legal aid assistants of the state legal aid centers as follows:

1. Legal aid assistants have the professional titles of public employees as prescribed by law.

2. Legal aid assistants are entitled to a responsibility allowance according to their profession equal to 25% of their current salary plus allowances for leadership positions and allowances beyond the bracket (if any).

3. Legal aid assistants are provided with their own clothing according to the following standards and deadlines:

a) Vest clothes: issued every 02 years, 01 set for the first time, 01 set for each time;

b) Long-sleeve shirt: issued annually, the first time is granted 02 pieces, the following times 01 piece;

c) Spring-summer clothes: issued annually, 02 sets are given for the first time, 01 set each time;

d) Leather shoes: 01 pair/1 year;

dd) Back strap sandals: 01 pair / 01 year;

e) Belt: 01 piece/02 years;

g) Necktie: 01 piece/02 years;

h) Socks: 02 pairs/ 01 times/ 01 year;

i) Document bag: 01 piece/02 years;

k) Signboard: 01 piece (issued 01 time).

Costume samples, the management, allocation and use of costumes comply with the guidance of the Ministry of Justice.

What is period for providing legal aid as a basis for payment of remuneration for legal aid cases of the state legal aid centers in Vietnam?

In Article 12 of Decree 144/2017/ND-CP stipulating period for providing legal aid as a basis for payment of remuneration for legal aid cases of the state legal aid centers is as follows:

1. The remuneration for providing legal aid is determined on the basis of the actual working time that the legal aid-providing person has spent to directly perform the legal aid case.

2. Time to provide legal aid is determined including: Time to meet and contact legal aid recipients or their relatives, time to verify legal aid cases, working time working at agencies, organizations and individuals related to legal aid cases; the time for studying case files, preparing documents at the legal aid-providing organization and other reasonable time in direct service of the legal aid case implementation is determined on the basis of certification of relevant agencies, organizations and individuals.

What are remuneration, retraining and expenses for legal aid cases of legal aid-providing persons of the state legal aid centers in Vietnam?

In Article 13 of Decree 144/2017/ND-CP stipulating remuneration, retraining and expenses for legal aid cases of legal aid-providing persons of the state legal aid centers as follows: 

1. When performing a legal aid case in the form of legal aid, a lawyer who signs a legal aid contract with the Center is entitled to a working session (1/2 working day) remuneration of 0.38 base salary / 01 working session but not more than 30 working sessions / 01 case or in the form of contract payment for each case with the minimum level equal to 03 base salary / 01 case and the minimum no more than 10 base salary per case (based on the complexity, procedural requirements and content of each specific case).

When applying the payment of remuneration according to the working session, time to study case files, time to meet, time to prepare documents, defense arguments, and time to perform tasks other reasonable, up to a maximum of no more than the number of paid sessions to perform these tasks, according to the case-by-case contract.

2. When performing legal aid cases in the form of representation outside the proceedings, lawyers who sign a legal aid contract with the Center are entitled to a remuneration of 0.31 base salary/working session but not more than 20 working sessions/1 case.

3. Legal assistants, when performing legal aid cases in the form of participating in proceedings, are entitled to a compensation equal to 40% of the remuneration applied to lawyers specified in Clause 1 of this Article of the compensation level is equal to 20% of the remuneration applied to lawyers when providing legal aid in the form of representation outside of the proceedings as prescribed in Clause 2 of this Article.

4. When providing legal aid in the form of legal advice as assigned by the Center's leaders, lawyers and legal aid collaborators who sign a contract to provide legal aid with the Center are entitled to compensation. labor from 0.08 to 0.15 base salary/01 legal advice document depending on the complexity and content of the case.

5. In addition to the remuneration and fostering for the case specified in Clauses 1, 2 and 3 of this Article, when performing by participating in the proceedings, the non-procedural representative needs time to collect evidences or verify. To clarify the case, the legal aid-providing person shall also be paid expenses incurred in performing the legal aid case as follows:

a) Charges payable in accordance with the law on fees, charges and other administrative expenses directly serving the provision of legal aid;

The basis for determining reasonable expenses is receipts of collection of fees and charges, financial invoices or receipts of competent agencies or organizations in accordance with the provisions of law on finance.

b) In case of going on a business trip to serve the settlement of a legal aid case, the legal aid-providing person shall be paid according to current regulations on the diem mode as applicable to cadres, civil servants and public employees.

6. The nature and content of the case, the method of calculating the session, and the time to serve as a basis for payment of remuneration for the performance of the case to the legal aid-providing person according to the actual working session or the contract to pay for the guidelines of the Ministry of Justice.

Best Regards!