Joint Circular No. 66/2007/TTLT-BTC-BTP stipulates the fees and payment of expenses for lawyers when participating in litigation at the request of investigative agencies. This document applies to investigative agencies, lawyers, and defendants. Notably, it specifies the fee levels, working hours, and travel expenses.
适用范围
Investigative agencies (investigating bodies, People's Procuracy, People's Court), lawyers, defendants.
要点
- Lawyers shall be paid fees and expenses according to the Lawyers Law, Decree No. 28/2007/NĐ-CP, and this Circular. The fee level is VND 120,000 per day of work (VND 60,000 per session).
- The working time of lawyers includes meeting with persons under temporary detention, defendants; collecting relevant materials, objects, and circumstances; studying case files and preparing materials at investigative agencies; and participating in court sessions.
- Lawyers shall be reimbursed for travel expenses such as transportation, accommodation, according to current regulations on travel allowances for state officials traveling domestically. Travel time must be confirmed by the investigative agency.
- Funds for paying fees and expenses to lawyers participating in litigation at the request of investigative agencies are allocated in the annual budget estimate. Investigative agencies are responsible for preparing the budget estimate and making direct payments.
- Lawyers may not accept any additional payments from defendants or their relatives other than the fees and expenses paid by the investigative agency.
🌐 本文件的社会影响
- Positive impact: Ensuring the rights of lawyers when participating in litigation at the request of investigative agencies, creating favorable conditions for the defense work.
- Negative impact: It may impose a financial burden on investigative agencies if the budget is insufficient.
❓ 常见问题
How much fee does a lawyer receive per day?
A lawyer receives VND 120,000 per day of work (VND 60,000 per session).
What does the working time of a lawyer include?
The working time of a lawyer includes meeting with persons under temporary detention, defendants; collecting relevant materials, objects, and circumstances; studying case files and preparing materials at investigative agencies; and participating in court sessions.
Are lawyers reimbursed for travel expenses?
Yes, lawyers are reimbursed for travel expenses such as transportation, accommodation, according to current regulations on travel allowances for state officials traveling domestically. Travel time must be confirmed by the investigative agency.
Which agency is responsible for paying fees and expenses to lawyers?
Investigative agencies are responsible for payment. Specifically: Investigating bodies pay during the investigation phase, People's Procuracy pays during the prosecution phase, and People's Court pays during the trial phase.
Can lawyers receive additional money from defendants?
No, apart from the fees and expenses paid by the investigative agency, lawyers may not accept any additional payments from defendants or their relatives.
全文
JOINT CIRCULAR
Guidelines on remuneration and payment of expenses for lawyers when participating in litigation at the request of judicial authorities
lawyers participating in litigation at the request of the investigating authority
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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 Law on State Budget;
Pursuant to Decree No. 28/2007/NĐ-CP dated February 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Lawyers Law;
The Ministry of Finance and the Ministry of Justice jointly issue guidelines on remuneration and payment of expenses for lawyers when they participate in litigation at the request of the investigating authority as stipulated in Article 11 of Decree No. 28/2007/NĐ-CP dated February 26, 2007 of the Government as follows:
Chapter I. GENERAL PROVISIONS
1. When a lawyer is requested by the investigating authority to participate in litigation in a case, the lawyer shall be paid remuneration and expenses according to the provisions of the Lawyers Law, Decree No. 28/2007/NĐ-CP dated February 26, 2007 of the Government, and this Circular. The period for implementing the remuneration system for lawyers shall be calculated from the date Decree No. 28/2007/NĐ-CP dated February 26, 2007 of the Government comes into effect.
2. In addition to the remuneration and expenses paid by the investigating authority, the lawyer shall not receive any additional amount of money from the defendant, accused, or their relatives.
3. Investigating authorities have the responsibility to pay lawyers who are requested to participate in litigation the remuneration and expenses as prescribed, and to report the settlement of funds used to the financial authority at the same level in accordance with the law.
Chapter II. SPECIFIC PROVISIONS
1. The remuneration paid to lawyers participating in litigation at the request of the investigating authority is VND 120,000 per day of work of the lawyer. A day of work of the lawyer is counted as two sessions. If only one session is worked, the remuneration for each session is VND 60,000 per session.
2. The working time of lawyers includes:
a) Time meeting persons under temporary detention, defendants, or accused: Determined based on the schedule allowing meetings with persons under temporary detention, defendants, or accused at the detention center of the investigating authority.
b) Time collecting evidence, objects, and circumstances related to defense: Determined based on the agreement document regarding the number of days for collecting evidence, objects, and circumstances related to defense between the investigating authority and the lawyer, depending on the complexity of each case.
c) Time studying files and preparing materials at the investigating authority: Determined based on the attendance sheet confirmed by the place where the lawyer studies the file.
d) Time participating in court hearings: Determined based on the duration of the court hearing; in cases where the hearing is postponed without the lawyer's request and the lawyer was not informed beforehand, the investigating authority must be responsible for paying remuneration to the lawyer equivalent to one session of work of the lawyer.
e) Other reasonable time at the request of the investigating authority to carry out participation in litigation. The working time of the lawyer must be confirmed by the investigating authority and the person directly handling the case based on the total working time at points a, b, c, d, and e of this item, serving as the basis for paying remuneration to the lawyer.
3. In addition to the remuneration, during the preparation and participation in defense at the court hearing, the lawyer is reimbursed for travel, accommodation expenses according to the current regulations on travel expenses for state officials traveling within the country. The lawyer's travel time must be confirmed by the investigating authority.
4. Source of funds and payment procedures:
a) Source of funds: Funds for paying remuneration and expenses for lawyers participating in litigation at the request of the investigating authority are allocated in the annual budget estimates of the investigating authorities. For the year 2007, the investigating authorities arrange the funds within the allocated budget estimates to implement.
b) Payment procedures: The investigative body requesting the lawyer to defend shall prepare the budget estimate and directly pay the lawyer, specifically: The investigative body requesting the lawyer to participate in the case during the investigation phase shall be responsible for paying the lawyer for the lawyer's activities during the investigation phase; the People's Procuracy is responsible for paying the lawyer for the lawyer's activities during the prosecution phase; the People's Court is responsible for paying the lawyer for the lawyer's activities during the trial phase.
5. Preparation, execution, and settlement of funds: The preparation, execution, and settlement of funds for paying lawyers participating in litigation at the request of the investigating authority shall be carried out in accordance with the State Budget Law, Accounting Law, and other guiding documents.
Chapter III. IMPLEMENTATION. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 108/2002/TTLT-BTC-BTP dated December 6, 2002, jointly issued by the Ministry of Finance and the Ministry of Justice guiding remuneration and payment of expenses when lawyers participate in litigation at the request of judicial authorities. During implementation, if there are any difficulties, units are requested to report to the Ministry of Finance and the Ministry of Justice for study, amendment, and supplementation as appropriate.
During implementation, if there are any difficulties, units are requested to report to the Ministry of Finance and the Ministry of Justice for study, amendment, and supplementation as appropriate./.
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