Basis and method for calculating remuneration for legal advice in Vietnam

Basis and method for calculating remuneration for legal advice in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer  as follows: 

1. Basis and method for calculating remuneration for legal advice in Vietnam

The basis and method for calculating legal consulting remuneration in Vietnam according to Article 9 of Circular 01/2010/TT-BTP are as follows:

- The rate of remuneration for legal advice for a case or work is calculated on the following bases:

+ Content and nature of the work;

+ Time and effort of lawyers, legal consultants, and legal consultancy collaborators performing the work;

+ Experience and reputation of the center's lawyers, legal consultants, and legal consulting collaborators.

- Remuneration is calculated according to the following methods:

+ Working hours of lawyers, legal consultants, and legal consultants;

+ Cases and jobs with package remuneration;

+ Long-term contract with fixed remuneration.

- Remuneration of lawyers working for the Legal Counseling Center when participating in criminal proceedings shall comply with the provisions of the Law on Lawyers.

Remuneration of lawyers working for the Legal Counseling Center when participating in civil, administrative, and other legal proceedings is carried out according to the agreement between the Legal Consulting Center, the Branch, and the client, in accordance with the remuneration schedule prescribed by the governing organization.

2. Regulations on remuneration for legal advice and financial and accounting regimes in Vietnam

Regulations on remuneration for legal advice and financial and accounting regimes according to Article 8 of Circular 01/2010/TT-BTP are as follows:

- Remuneration from legal consultancy activities and operating funds of the Legal Counseling Center specified in Article 9 of Decree 77/2008/ND-CP used to cover the operation of the Center, the Branch, includes:

+ Expenses for regular operations of the Center and Branch; paying salaries and allowances to Directors, Deputy Directors, Branch Heads, legal consultants, lawyers, legal consultancy collaborators, and other employees;

+ Procurement of equipment, regular maintenance, and repair of facilities; stationery, books, newspapers, professional documents, databases, and other necessary means for legal consultancy activities;

+ Directing expenses for meetings, conferences, propaganda, professional training, and business trips outside the headquarters of the center or branch;

+ Other reasonable expenses for the work of the Center and Branch.

- The collection of remuneration for the Legal Counseling Center, the Branch must be done on the basis of a legal service contract made in writing, except for simple consultations done through the customer's request form provided by the Center or Branch.

A legal service contract includes the following main contents:

+ Name and address of the customer or the customer's representative;

+ Name, address, representative of the legal consulting center, branch;

+ Content of work; Contract execution time;

+ Rights and obligations of the parties;

+ Calculation method and specific remuneration level; expenses (if any);

Liability for breach of contract;

Methods of dispute resolution.

- Legal consultancy center, branch performing financial and accounting operations according to the financial and accounting regime of the governing organization; recording in accounting books of remuneration and expenses; and preserving and keeping accounting books and accounting records in accordance with the provisions of law on finance, accounting, and archival.

- Legal consulting centers, branches shall perform tax obligations in accordance with the provisions of tax law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE