The level of remuneration of lawyers participating in the proceedings at the request of the procedure-conducting agency in Vietnam

The level of remuneration of lawyers participating in the proceedings at the request of the procedure-conducting agency in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. The level of remuneration of lawyers participating in the proceedings at the request of the procedure-conducting agency in Vietnam

The remuneration and fees for lawyers participating in the proceedings at the request of the procedure-conducting agency under Article 2 of Joint Circular 191/2014/TTLT-BTC-BTP are as follows:

- The remuneration paid for 01 working day of lawyers participating in legal proceedings in the case requested by the procedure-conducting agency is 0.4 times the base salary prescribed by the Government. A lawyer's working day is calculated on the basis of 08 working hours.

In the event that the lawyer works for many days, but each day does not work for enough 08 hours, the number of working days of the lawyer is calculated based on the total actual working hours of the lawyer. The remaining odd working hours (if any) are calculated as follows:

+ If the odd number of working hours is not enough (06 hours), it will be counted as ½ working day.

+ If the number of odd working hours is six hours or more, it will be counted as 01 working day.

- The lawyer's working time is calculated, including:

+ Time to meet the person arrested, detained, suspended, prosecuted, investigated, prosecuted and tried: Determined by the actual time the lawyer meets the person who is arrested, detained, suspended, prosecuted, investigated, prosecuted, or tried at a detention house, detention camp, or detention center of a procedure-conducting agency. as scheduled;

+ Time to collect documents, objects, and circumstances related to the defense: Determined according to a written agreement on the number of days for collection of documents, objects, and circumstances related to the defense between the procedure-conducting agency and the lawyer, depending on the complexity of each case;

+ Time to study records and prepare documents at the proceeding agency: Determined according to the timesheet certified by the place where the lawyer comes to study the file;

+ Time to participate in the trial: Determined according to the time of the trial; In case the trial is adjourned not because of the lawyer's request and the lawyer is not notified in advance, the procedure-conducting agency must pay the lawyer's remuneration equal to ½ of the lawyer's working day. ;

+ Other reasonable time at the request of the procedure-conducting agency to participate in the proceedings.

In case a lawyer meets a person who is arrested, held in custody, detained, prosecuted, investigated, prosecuted, or tried according to the allowed schedule at a custody house, detention center, or prison, or the time to participate in the court hearing is outside of office hours, holidays, and public holidays, the working time is calculated according to the principle of paying wages for working at night and overtime for cadres, civil servants, and public employees, specifically as follows:

++ The rate of 150% applies to overtime on weekdays.

++ 200% rate applies to overtime on weekly rest days.

++ The rate of 300% applies to overtime on public holidays or compensatory days off if the holiday coincides with a weekly rest day.

The lawyer's working time must be certified by the procedure-conducting agency or person who directly settles the case on the basis of the summary of the working time at Points a, b, c, d, and dd of Clause 2 Article 2 of Joint Circular 191/2014/TTLT-BTC-BTP, serving as a basis for payment of remuneration for lawyers.

- In addition to the remuneration, during the process of preparing and participating in the defense at the court hearing, if the lawyer has to go on a business trip, he/she will be paid travel expenses according to current regulations on the regime of working-trip allowances for state cadres and civil servants who go on business trips in the country at the rate applicable to civil servants who do not hold leadership positions.

The time and place of the lawyer's business trip must be confirmed by the procedure-conducting agency.

- In addition to the remuneration and expenses specified in Clauses 1, 2, 3 of Article 2 of Joint Circular 191/2014/TTLT-BTC-BTP paid by the proceeding agency, lawyers may not demand any additional money or other benefits from persons arrested, detained, suspended, prosecuted, investigated, prosecuted, tried, or their relatives.

2. Procedures for payment of remuneration to lawyers participating in the proceedings at the request of the procedure-conducting agency in Vietnam

Procedures for payment of remuneration to lawyers participating in the proceedings at the request of the proceedings-conducting agency under Article 3 of Joint Circular 191/2014/TTLT-BTC-BTP are as follows:

Payment procedure:

A procedural agency that requests a defense lawyer shall make an estimate and directly pay the lawyer, specifically:

+ The investigating agency requests to appoint a lawyer to participate in the case at the investigation stage, the investigating agency shall have to pay the lawyer for the lawyer's activities during the investigation stage;

+ The People's Procuracy is responsible for paying lawyers for their activities at the prosecution stage;

+ People's courts are responsible for paying lawyers for their activities at the trial stage.

Payment time:

After the conclusion of each stage in the proceedings (investigation, prosecution, trial), the lawyer participating in the case completes the documents requesting the payment of remuneration and related expenses as prescribed in Section 1 and sends them to the procedural agency requesting the lawyer's participation.

Within 5 working days, from the date of receipt of sufficient dossiers of requests for payment of remuneration and related expenses of lawyers as prescribed, the procedural agencies shall have to pay for lawyers participating in the proceedings.

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