To determine the time to pay legal aid in special cases in Vietnam

To determine the time to pay legal aid in special cases in Vietnam (Illustration)

The way to determine the time of legal aid in some special cases shall comply with Article 8 of Vietnam's Circular 02, specifically:

* Case 1: In case two or more legal aid-providing persons provide legal aid to one legally-aided person within the same case:

The time as a basis for payment of remuneration or gratuity for the performance of legal aid is the actual time each legal aid-providing person has provided, but the total time must not exceed:

•  30 working sessions per case for participation in proceedings
•  20 working sessions per case for extrajudicial representation.

* Case 2: In case the presiding agency temporarily suspends the case:

The period used as a basis for payment of remuneration or gratuity for the performance of legal aid is the actual time performed up to the time of suspension of the case;

When the case continues to be resolved, the time used as a basis for payment of remuneration, gratuity for the performance of legal aid is the actual time performing subsequent tasks from the time the case resumes until the end of the case.

* Case 3: In case of replacement or change of legal aid-providing person:

The period used as a basis for payment of remuneration or gratuity to the predecessor is the actual time that he/she has provided legal aid up to the time of being replaced or changed;

The time used as a basis for payment of remuneration and gratuity to the successor is the actual time during which he/she performs the subsequent tasks since being appointed as a substitute.

If the substitute chooses the form of fixed working time, the remuneration, gratuity paid to both two persons (the predecessor and the successor) shall not exceed the corresponding amount for fixed working time in the Appendixes No. 01, 02 and 03 issued together with this Circular.

* Case 4: In case of providing legal aid for the person against which a whistleblowing report is filed, the person proposed for prosecution, the accused person at the time of arrest or temporary custody, or the victim in accordance with the procedural law, the time and time certification shall be done as follows:

- The time for verification, collection and evaluation of relevant documents, objects and evidence shall be certified and collected by the agency, organization or individual where the legal aid-providing person comes to verify and collect evidence;

- The time for taking testimonies of the person against which a whistleblowing report is filed, the person being proposed for prosecution, the victim or other related persons; participating in confrontation, identification and recognition of the voice of the person against which a whistleblowing report is filed, the person proposed for prosecution together with the investigator or the procurator shall be certified by the investigator or the procurator;

- The time for working with the accused at the custody room of the border guard station, the remand center, the detention center shall be certified by the accused or officers of the border guard station, the remand center, the detention center or the presiding agency;

- Time for meeting the person against which a whistleblowing report is filed, the person proposed for prosecution or their relatives; the victim or kindred of the victim; other related persons shall be certified by these persons, but not exceeding the maximum number of sessions to perform this task in the form of fixed working time specified in Appendix 01 issued with Circular 02 according to the level of misdemeanor crime.

Vietnam's Circular 02/2021/TT-BTP takes effect from July 15, 2021, replacing Vietnam's Circular 18/2013/TT-BTP and Circular 05/2017/TT-BTP.

Bao Ngoc

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