This Circular guides the level of remuneration and expenses for lawyers when participating in litigation at the request of judicial authorities. The remuneration level is specifically defined, along with other expenses such as travel expenses.
적용 범위
Lawyer; judicial authority
핵심 사항
- A lawyer participating in litigation at the request of a judicial authority shall be paid remuneration and expenses (Article II).
- The remuneration for a lawyer is VND 70,000 per working day, equivalent to VND 35,000 per half-day (Point 1, Article II).
- The working time of a lawyer includes meeting with the defendant, reviewing case files, and participating in court sessions (Point 2, Article II).
- When traveling for work related to a case, a lawyer shall be reimbursed for expenses according to current regulations on travel allowances for state officials (Point 3, Article II).
- The budget for paying remuneration and other expenses to lawyers is allocated from the annual budget estimate of the judicial authority (Article III).
🌐 이 문서의 사회적 영향
- To ensure the rights of lawyers when participating in litigation at the request of judicial authorities.
- Increase budget expenditures for judicial authorities to pay remuneration and expenses to lawyers.
- Improve the quality of legal services within the litigation system.
❓ 자주 묻는 질문
How is remuneration paid to a lawyer participating in litigation at the request of a judicial authority?
The remuneration for a lawyer is VND 70,000 per working day, equivalent to VND 35,000 per half-day.
What expenses does a lawyer get reimbursed for when traveling for work related to a case?
Travel expenses and accommodation costs according to current regulations on travel allowances for state officials.
Where is the budget for paying remuneration and expenses to lawyers allocated from?
Allocated from the annual budget estimate of the judicial authority.
전문
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MINISTRY OF FINANCE-MINISTRY OF JUSTICE |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 108/2002/TTLT-BTC-BTP |
Hanoi, December 6, 2002 |
JOINT CIRCULAR
JOINT CIRCULAR NO. 108/2002/TTLT/BTC-BTP OF THE MINISTRY OF FINANCE AND THE MINISTRY OF JUSTICE ON DECEMBER 6, 2002 GUIDING REGULATIONS ON COMPENSATION AND EXPENSES FOR LAWYERS IN CASES WHERE LAWYERS PARTICIPATE IN PROCEEDINGS UPON REQUEST OF THE PROSECUTING AUTHORITIES
Pursuant to the current Code of Civil Procedure;
Pursuant to Article 31 of the Lawyer Ordinance adopted by the Standing Committee of the National Assembly on July 25, 2001;
Pursuant to Article 26 of Decree No. 94/2001/NĐ-CP dated December 12, 2001 of the Government detailing the implementation of the Lawyer Ordinance;
The Ministry of Finance and the Ministry of Justice guide the regulations on compensation and payment of expenses for lawyers participating in proceedings upon request of the prosecuting authorities as follows:
I. SCOPE OF APPLICATION:
When a lawyer is requested by the prosecuting authority to participate in proceedings in a case, they shall be paid compensation and expenses according to the provisions of the Lawyer Ordinance, Decree No. 94/2001/NĐ-CP dated December 12, 2001 of the Government, and the provisions of this Circular.
II. LEVEL OF COMPENSATION AND EXPENSES:
1. The level of compensation paid to a lawyer in a case requested by the prosecuting authority is 70,000 VND per day of work of the lawyer. A day of work of the lawyer is calculated as two sessions. Compensation for each session of work of the lawyer is 35,000 VND per session.
2. The working time of lawyers includes:
a. Time spent meeting with the accused;
b. Time spent reviewing files and preparing materials at the prosecuting authority;
c. Time spent participating in court sessions;
In cases where the court session is postponed without the lawyer's request and the lawyer was not informed in advance, the prosecuting authority must bear the responsibility to pay compensation to the lawyer equivalent to one session of work of the lawyer.
The time worked by the lawyer must be confirmed by the prosecuting authority as the basis for paying compensation to the lawyer.
3. In addition to the compensation amount, during the participation in the case, if the lawyer travels for the needs of the case, they will be reimbursed for travel and accommodation expenses according to the current regulations on travel allowances for state officials and civil servants traveling within the country.
The time spent traveling by the lawyer must be confirmed by the prosecuting authority.
III. SOURCE OF FUNDS AND METHOD OF PAYMENT:
1. The source of funds to pay compensation and related expenses for lawyers participating in proceedings upon request of the prosecuting authority is allocated from the annual budget of the prosecuting authority.
The prosecution agency that requests the Bar Association to appoint a defense counsel shall prepare the budget and directly pay the lawyer, specifically:
If the investigation agency requests the appointment of a lawyer to participate in the case during the investigation stage, then the investigation agency is responsible for paying the lawyer for their activities during the investigation stage; the Prosecutor's Office is responsible for paying the lawyer for their activities during the prosecution stage; the Court is responsible for paying the lawyer for their activities during the trial stage.
2. Payment of compensation and other related expenses to the lawyer shall be carried out through a legal service contract between the prosecuting authority and the law firm according to the provisions of Article 25 of the Lawyer Ordinance.
3. Management, distribution, and settlement of funds shall be conducted in accordance with the current financial management regulations.
IV. IMPLEMENTATION ORGANIZATION:
This Circular takes effect from January 1, 2002. The compensation and expense funds for lawyers in 2002 are included in the 2002 budget already allocated to the prosecuting authorities. From 2003, the compensation and expense funds for lawyers will be allocated in the annual budget of the prosecuting authorities.
During the implementation process, if there are difficulties or obstacles, please promptly report them to the Joint Ministries for study and resolution.
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Ha Hung Cuong (Signed) |
Nguyen Cong Nghiep (Signed) |
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