What are remunerations and costs of implementing legal aid cases for organizations that sign contracts to provide legal aid in Vietnam?

What are remunerations and costs of implementing legal aid cases for organizations that sign contracts to provide legal aid in Vietnam?

Article 14 of Decree 144/2017/ND-CP stipulates remunerations and costs for implementing legal aid cases of organizations signing contracts to provide legal aid as follows:

1. The Department of Justice pays remunerations and expenses for implementing legal aid cases to organizations that sign contracts to provide legal aid.

2. The level of remuneration and costs for implementing legal aid cases paid to law-practicing organizations and legal consulting organizations that sign contracts to provide legal aid are made corresponding to the level of payment for lawyers and collaborators to sign legal aid contracts with the Center specified in Article 13 of this Decree.

What are procedures for requesting payment of remuneration, allowances and costs for implementing legal aid cases in Vietnam?

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

1. For payment by session, the legal aid provider 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 provider 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 provider 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 provider 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.

What is procedure for issuing a collaborator card in Vietnam?

Article 16 of Decree 144/2017/ND-CP stipulates procedures for granting legal aid collaborator cards as follows:

1. People who meet the standards specified in Clause 2, Article 24 of the Law on Legal Aid, if they wish to become legal aid collaborators (hereinafter referred to as collaborators) and agree with the contents basic legal aid contract according to the guidance of the Ministry of Justice, send 01 set of documents to the Center in the locality where you reside. Application documents to become a collaborator include:

a) Application form to become a collaborator;

b) Documents proving that you are retired according to regulations;

c) Personal curriculum vitae certified by the People's Committee of the commune, ward or town of residence and 02 color portrait photos sized 2 cm x 3 cm.

2. Submitting the application to become a collaborator is done as follows:

a) In case of direct submission at the Center's headquarters, the person applying to become a collaborator submits the documents specified in Points a and c, Clause 1 of this Article; Present the original or submit a certified copy of documents proving that you are retired according to regulations;

b) In case of submitting documents via postal service, the person requesting to be a collaborator shall send the documents specified in Points a and c, Clause 1 of this Article, and certified copies of documents proving that he is the person who submitted the application. retirement according to regulations;

c) In case of sending via fax or electronic form, the person applying to become a collaborator sends the documents specified in Clause 1 of this Article to the Center.

3. Within 04 working days from the date of receiving the dossier, based on the legal aid needs of the people and actual local conditions, the Center Director selects the dossier to submit to the Department Director. The judiciary considers granting collaborator cards. In case the application is invalid, return the application to the person requesting to become a collaborator and clearly notify the reason in writing.

4. Within 03 working days from the date of receiving the valid dossier submitted by the Center Director, the Director of the Department of Justice shall consider and decide to issue a collaborator card according to the form issued by the Ministry of Justice. The Ministry of Justice issues collaborator cards.

In case of refusal, the reason must be clearly informed in writing to the person requesting to become a collaborator. The refused person has the right to appeal the refusal to issue a collaborator card. Complaint resolution is carried out in accordance with the law on complaints.

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