Case-based Expense Rates Depending on the Nature of the Case Involved in Litigation

As stipulated in Circular 05/2017/TT-BTP, fixed-cost per case applies to participation in legal proceedings selected by legal aid providers in writing after assignment to serve as the basis for reimbursement policies for handling the case. When applying fixed-cost per case, the Director of the Center shall determine the cost based on the content and nature of the case in the proceedings. Specifically:

Illustration (internet source)

- For participation in criminal legal proceedings, the nature of the case serving as the basis for implementing fixed-cost per case is determined based on the classification of crimes under the Criminal Procedure Code;- For participation in civil legal proceedings, the nature of the case serving as the basis for implementing fixed-cost per case is determined according to Clause 3, Article 337 of the Civil Procedure Code;- For participation in administrative legal proceedings, the nature of the case serving as the basis for implementing fixed-cost per case is determined according to Clause 12, Article 3 of the Administrative Procedures Law.

When selecting the form of fixed-cost per case, depending on the nature and content of the case, the legal aid provider must perform the following tasks:

Participation in criminal legal proceedings: meeting and working with the accused person, the victim, persons having related rights and obligations, other participants in the proceedings; participating in activities of the proceedings; working with procedural authorities, procedural persons, and other necessary related tasks for defense and protection. Details of necessary tasks, corresponding time for each task, and the maximum fixed-cost time for each case are specified in Appendix No. 01 attached to Circular 05/2017/TT-BTP.

Participation in civil and administrative legal proceedings: meeting and working with the involved parties, participants in the proceedings, procedural persons; participating in activities of the proceedings; working with procedural authorities, procedural persons, relevant agencies, organizations, individuals, and performing other necessary related tasks for protection. Details of necessary tasks, corresponding time for each task, and the maximum fixed-cost time for each case are specified in Appendix No. 02 and No. 03 attached to Circular 05.

For payment of remuneration to legal aid providers in the form of fixed-cost per case, it must be based on the tasks that the legal aid provider has performed. If the legal aid provider does not perform one or several tasks as prescribed in this Circular, those tasks will not be considered the basis for the payment of remuneration.

Example: Lawyer A is assigned by the Legal Aid Center to provide legal aid in a serious crime case. Under the fixed-cost system, Lawyer A must perform the tasks specified in Part A of Appendix No. 01 (Participation from the investigation stage to the first-instance trial for serious crimes). During the legal aid process, if Lawyer A meets the legally aided person at least once, the time for making the remuneration payment will be equated to one session equivalent to 500,000 VND, regardless of the number of meetings or the length of each meeting. If Lawyer A does not perform this task, one session equivalent to one session will be deducted.

Note, the legal aid provider should report the tasks performed and confirm the tasks performed on Form No. 02 issued with Circular 18/2013/TT-BTP dated November 20, 2013, of the Minister of Justice guiding the calculation of implementation time and procedures for payment of legal aid case costs.

More details can be found in: Circular 05/2017/TT-BTP effective from July 1, 2017.

Thu Ba

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