Circular No. 18/2013/TT-BTP guides the calculation of time for implementation and procedures for payment of costs for legal aid cases.

CIRCULAR

Guidelines for calculating the time spent and procedures for settling costs of legal aid cases

costs for implementing the legal aid case

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Pursuant to the Legal Aid Law on June 29, 2006;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 07/2007/NĐ-CP dated January 12, 2007, issued by the Government, detailing and guiding the implementation of certain provisions of the Legal Aid Law;

Pursuant to Decree No. 14/2013/NĐ-CP dated February 5, 2013 of the Government amending and supplementing certain articles of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of some provisions of the Legal Aid Law;

To implement the consensus opinion of the Ministry of Finance and the Ministry of Justice at Circular Joint No. 209/2012/TTLT-BTC-BTP dated November 30, 2012 of the Ministry of Finance and the Ministry of Justice guiding the preparation, management, utilization, and settlement of funds ensuring the operation of state legal aid agencies, the Minister of Justice issues this Circular on guidelines for calculating the time spent and procedures for settling costs of legal aid cases as follows:

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the calculation of time for implementation and procedures for payment of costs for implementing legal aid cases.

2. This Circular applies to State Legal Aid Centers (hereinafter referred to as Centers), Branches of Centers (hereinafter referred to as Branches), and legal aid volunteers; in the case where legal aid officers provide legal aid in the form of participating in litigation, representing outside litigation, or mediation, the calculation of time spent and procedures for settling costs of legal aid cases shall be carried out according to the provisions of this Circular, and legal aid officers shall enjoy a case allowance equal to 20% of the rate applicable to legal aid volunteers.

Article 2. Implementation Principles

1. In accordance with the complexity of each case as prescribed in Circular No. 05/2008/TT-BTP dated September 23, 2008 of the Ministry of Justice guiding legal aid business operations and state management of legal aid; creating conditions for Centers, Branches, legal aid officers, and legal aid volunteers in settling costs of legal aid cases.

Clause 2. When approving the payment of costs for implementing legal aid cases, the Director of the Center is responsible for the legality and rationality of the approval.

Clause 3. When declaring the time spent on implementing legal aid cases, the person implementing legal aid is responsible for the authenticity of the declaration.

Clause 4. When confirming the working hours of the person implementing legal aid, the person confirming is responsible for the authenticity of the confirmation.

Article 3. Time for Legal Consultation

1. Oral legal consultation time (measured in hours) and the basis for determining legal consultation time include:

a) Direct meeting and contact time with the person receiving legal aid or their relatives confirmed by the person receiving legal aid or their relatives;

b) Verification and working time at agencies, organizations, and individuals related to the legal aid case confirmed by the agency, organization, or individual where the work is performed;

c) Time spent researching legal aid case files; time spent preparing materials for legal counseling services confirmed by Centers or Branches based on proposals from legal aid providers.

2. For legal counseling cases conducted in writing, the settlement of costs shall be carried out according to the provisions at Section 1.4 of the Appendix issued together with Circular Joint No. 209/2012/TTLT-BTC-BTP dated November 30, 2012 of the Ministry of Finance and the Ministry of Justice guiding the preparation, management, utilization, and settlement of funds ensuring the operation of state legal aid agencies and organizations.

Article 4. Time for Participation in Litigation Proceedings

1. The time and basis for determining the time spent participating in litigation to resolve legal aid cases include:

a) Time spent meeting detained persons, defendants, accused persons at Detention Centers or Temporary Detention Houses confirmed by staff of Detention Centers or Temporary Detention Houses; in the case of defendants or accused persons not in custody, the time spent meeting is confirmed by the defendants or accused persons themselves;

b) Time spent participating in interrogating defendants or accused persons or taking statements from victims, witnesses, or interested parties together with Investigators or Prosecutors confirmed by Investigators or Prosecutors conducting the interrogation or taking statements;

c) Time spent meeting and working with relatives of detained persons, defendants, or accused persons; time spent working with victims, interested parties, witnesses, or other participants in criminal litigation cases confirmed by these individuals;

d) Time spent meeting and working with civil plaintiffs, civil defendants, witnesses, interested parties, or other participants in civil litigation cases confirmed by these individuals;

đ) Time spent working with plaintiffs, defendants, other participants, or interested parties in administrative litigation cases confirmed by these individuals;

e) Time spent researching case files and preparing materials at prosecution agencies confirmed by the person directly handling the case at the prosecution agency; time spent meeting and working with prosecution personnel confirmed by the prosecution personnel themselves;

g) Time spent investigating, collecting documents, objects, evidence, and relevant circumstances related to defense or protection; time spent reviewing the scene; time spent participating in dialogue in administrative cases confirmed by Centers or Branches based on proposals from volunteer lawyers or legal aid officers;

h) Time spent mediating in mandatory pre-trial civil cases as required by law confirmed by the Presiding Judge presiding over the mediation session;

i) Time spent participating in court sessions confirmed by the Presiding Judge presiding over the court session;

k) Necessary time spent working with other agencies, organizations, or individuals related to legal aid cases confirmed by these agencies, organizations, or individuals;

2. In the event that prosecution agencies suspend or temporarily suspend cases, the time serving as the basis for settling allowances for volunteer lawyers or legal aid officers is the actual time they have participated in legal aid until the suspension or temporary suspension of the case.

Article 5. Time for representation outside litigation proceedings

The time and basis for determining the time for representation outside litigation proceedings include:

1. Time spent meeting and contacting the person receiving legal aid, their relatives, and witnesses confirmed by these individuals;

2. Time spent studying case files and preparing materials for representation confirmed by the Center or Branch based on the proposal of collaborating lawyers or legal aid officers;

3. Time spent investigating, collecting documents, objects, evidence, and relevant circumstances related to representation confirmed by Centers or Branches based on proposals from volunteer lawyers or legal aid officers;

4. Time spent by collaborating lawyers or legal aid officers meeting and working with relevant agencies, organizations, or individuals confirmed by those agencies, organizations, or individuals;

5. Time spent by collaborating lawyers or legal aid officers representing before agencies, organizations, or individuals authorized to resolve legal aid cases confirmed by those agencies, organizations, or individuals.

Article 6. Procedures for requesting payment of costs for implementing legal aid cases

1. After completing legal counseling, participating in litigation, or representing outside litigation, the legal aid provider prepares one set of documents to request settlement of costs for legal aid cases to be sent to Centers or Branches. The documents include:

a) A list of expenses and time spent on legal advice, participation in litigation, and representation outside litigation proceedings (Form No. 01 issued together with this Circular);

b) A work time confirmation form (Form No. 02 issued together with this Circular);

c) Invoices, vouchers, and other valid documents proving administrative expenses related to the implementation of legal aid cases (if any) in accordance with current financial regulations.

2. After completing mediation, the legal aid provider prepares a list of expenses incurred in the mediation case (Form No. 03 issued together with this Circular) to be sent to Centers or Branches requesting settlement.

3. Payment deadline for the allowance for implementing legal aid cases.

Within three (03) working days from the date of receipt of the payment claim file in accordance with Clause 1 and Clause 2 of this Article, the Branch where the person to provide legal aid was assigned shall be responsible for transferring the file back to the Center for payment in accordance with the regulations.

Within five (05) working days from the date of receipt of the valid file in accordance with this Circular, the Center shall be responsible for paying the costs of handling the legal aid case to the applicant in accordance with the regulations.

If the documents are not complete, within three (03) working days from the date of receipt of the documents, the Center requests the person implementing legal aid to complete them.

Article 7. Implementation Provisions

This Circular takes effect from January 10, 2014.

During the implementation process, if difficulties or obstacles arise, localities are requested to report to the Ministry of Justice for research, amendment, and supplementation in a timely and appropriate manner.