Joint Circular No. 191/2014/TTLT-BTC-BTP guiding remuneration and payment of expenses for lawyers participating in litigation at the request of the prosecution agency.

JOINT CIRCULAR

Guidelines on remuneration and payment of expenses for lawyers when participating in litigation at the request of judicial authorities

 where lawyers participate in litigation at the request of judicial authorities

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

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. 123/2013/NĐ-CP dated October 14, 2013 of the Government detailing certain provisions and measures for the implementation of the Lawyers Law;

The Minister of Finance and the Minister of Justice issue this Circular guiding on remuneration and payment of expenses for lawyers when participating in litigation at the request of judicial authorities.

Article 1. Scope of Regulation and Applicability

1. This Circular guides on the payment of remuneration and expenses for lawyers when participating in litigation at the request of judicial authorities.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Investigative agencies;

b) Lawyers participating in litigation at the request of judicial authorities;

c) Other agencies and organizations related to the establishment, management, use, and settlement of funds allocated for lawyers participating in litigation at the request of judicial authorities.

Article 2. Level of Remuneration and Expenses

1. The level of remuneration paid for one day's work of a lawyer participating in litigation at the request of judicial authorities is 0.4 times the basic salary set by the Government. A lawyer's working day is based on 8 hours of work.

In cases where a lawyer works for multiple days but does not complete 8 hours each day, the number of working days for the lawyer is calculated based on the total actual working hours. Any remaining hours less than a full day are calculated as follows:

If the remaining hours are less than 6 hours, they are counted as half a working day.

If the remaining hours are 6 hours or more, they are counted as one working day.

2. The working time of lawyers includes:

a) Time meeting with persons under arrest, detention, pre-trial investigation, prosecution, trial: Determined by the actual time lawyers spend meeting with such persons at temporary detention centers, detention facilities, prisons of judicial authorities according to approved schedules;

b) Time collecting evidence, objects, and circumstances related to defense: Determined based on agreements between judicial authorities and lawyers regarding the number of days for collecting evidence, objects, and circumstances related to defense, depending on the complexity of each case;

c) Time studying files and preparing materials at judicial authorities: Determined based on attendance records confirmed by the place where the lawyer studies the files;

d) Time participating in court sessions: Determined by the duration of the court session; if a court session is postponed without the lawyer's request and the lawyer was not informed in advance, the judicial authority must be responsible for paying half a day's remuneration to the lawyer;

đ) Other reasonable time requested by judicial authorities to perform litigation activities.

In cases where lawyers meet with persons under arrest, detention, pre-trial investigation, prosecution, trial according to approved schedules at temporary detention centers, detention facilities, prisons or participate in court sessions outside regular working hours, weekends, or holidays, the working time is calculated at rates applicable to night work and overtime pay for civil servants, public officials, and employees, specifically as follows:

A rate of 150% applies to overtime on weekdays.

A rate of 200% applies to overtime on weekly holidays.

A rate of 300% applies to overtime on public holidays or compensatory holidays if a public holiday falls on a weekly holiday.

The working time of lawyers must be confirmed by judicial authorities and those directly handling the case based on the total time worked at points a, b, c, d, đ of this clause, serving as the basis for paying remuneration to lawyers.

3. In addition to remuneration, during the preparation and participation in defense at court sessions, if lawyers have to travel, they will be reimbursed travel expenses according to current regulations on travel allowances for state civil servants and officials traveling domestically at the rate applicable to non-leadership positions.

The time and location of the lawyer's travel must be confirmed by the judicial authority.

4. Apart from the remuneration and expenses stipulated in clauses 1, 2, and 3 of this Article, which are paid by judicial authorities, lawyers shall not demand any additional monetary or other benefits from persons under arrest, detention, pre-trial investigation, prosecution, trial, or their relatives.

Article 3. Payment Procedures

1. Payment Procedures:

The investigative body that requests a defense lawyer to participate shall prepare a budget estimate and directly pay the lawyer, specifically: If the investigation agency requests the assignment of a lawyer to participate in the case during the investigation phase, the investigation agency is responsible for paying the lawyer for their activities during the investigation phase; the People's Procuracy is responsible for paying the lawyer for their activities during the prosecution phase; the People's Court is responsible for paying the lawyer for their activities during the trial phase.

2. Time of Payment:

After the completion of each stage in the proceedings (investigation, prosecution, trial), the participating lawyer must complete the payment request documentation for remuneration and related expenses according to Article 2 of this Circular and submit it to the investigative body that requested the lawyer's participation.

Within five working days from the date of receiving the complete payment request documentation for remuneration and related expenses of the lawyer as stipulated, the investigative body is responsible for paying the participating lawyer.

Article 4. Source of Funds

The funds for paying remuneration and related expenses for lawyers participating in proceedings at the request of the investigative body are allocated in the annual budget estimates of the investigative bodies.

Article 5. Budget preparation, execution, and settlement of funds

The preparation of budget estimates, implementation, and settlement of funds for paying lawyers participating in proceedings at the request of the investigative body shall be carried out in accordance with the provisions of the State Budget Law, Accounting Law, and guiding documents.

Article 6. Implementation Provisions

1. This Circular takes effect from February 1, 2015, replacing Circular Joint Circular No. 66/2007/TTLT-BTC-BTP dated June 19, 2007, issued by the Ministry of Finance and the Ministry of Justice, guiding remuneration and payment of expenses for lawyers in cases where lawyers participate in proceedings at the request of the investigative body.

2. The remuneration system for lawyers prescribed in this Circular shall apply from November 28, 2013.

The funds to implement the remuneration system for lawyers in 2013 and 2014 shall be arranged within the allocated budget estimates by the investigative bodies to implement.

3. In the course of implementation, if there are difficulties or obstacles, they should be reported to the Ministry of Finance and the Ministry of Justice for appropriate amendments and supplements.