Circular 191/2014/ttlt-Btc-Btp: A Guide On Remuneration And Payment Of Expenses For The Lawyers In The Case Of Lawyers Involved In The Proceedings At The Request Of The Agency Conducting The Proceedings

Original Language Title: Thông tư liên tịch 191/2014/TTLT-BTC-BTP: Hướng dẫn về thù lao và thanh toán chi phí cho luật sư trong trường hợp luật sư tham gia tố tụng theo yêu cầu của cơ quan tiến hành tố tụng

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DEPARTMENT OF JUSTICE-JUSTICE DEPARTMENT
Number: 191 /2014/TTLT-BTC-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 12, 2014

FEDERAL INFORMATION

Guidelines for remuning and payment of cost to lawyers in case

The attorney will participate in the proceedings as required by the law enforcement agency.

______________________

Base of Protocol 60 /2003/ND-CP June 6, 2003, of the Government Regulation and guidelines for the Law of the State Budget;

Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Finance;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Justice;

Base of Protocol 123 /2013/NĐ-CP October 14, 2013 of the Government rules out certain things and measures the Law of Law;

The Minister of Finance, the Minister of Justice for the Ministry of Justice, issued the Statutory Guidance guidelines and payment of the cost to the lawyer in the case of a lawyer to join the proceedings at the request of the proceedings.

What? 1. The tuning range and subject apply

1. A guide to the payment of remunation and the cost of a lawyer in the case of a lawyer to join the proceedings at the request of the proceedings of the proceedings.

2. Subject applies:

a) The agencies conduct proceedings;

b) Counsel to the proceedings at the request of the agency to conduct proceedings;

c) The other agencies, organizations that are involved with the establishment, management, use and accounting of the cost of paying for the attorney to participate in accordance with the requirements of the proceedings of the proceedings.

What? 2. TB levels and expenses

1. The salary of TB paid for the 1 day of employment by the lawyer to participate in the case due to the agency ' s execution of the request was 0.4 times the base salary specified by the Government. The working day of the lawyer is charged on a 8-hour basis.

In the case, the lawyer works for days, but every day does not make up to 8 hours, the number of days the work of the lawyer is counted on the total number of hours the actual work of the lawyer. The number of hours of remaining odd jobs (if any) are calculated as follows:

If an odd number of hours is not enough for 0600 hours, you will be able to count for half a day of work.

If the number of hours is an odd number of hours, it will be 1 day of work.

2. The working time of the lawyer is calculated including:

a) Time to meet the arrested, hold, detention, prosecution, investigation, prosecution, trial, trial: Be determined by the actual time the lawyer meets the arrested, suspended, detention, prosecution, investigation, prosecution, trial, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility, detention facility The judge of the law, the judge of the law,

b) The time of collecting documents, objects, details related to the defense: Being determined to be based on the document of the number of days of collecting documents, objects, and the details associated with the defense of the body to the lawyer depending on the law. The complexity of every case.

c) The time for the study of the case and the preparation of the document at the agency conducting the proceedings: Be determined according to the confirmed scoreboard of the place where the lawyer came to the case study;

d) Time to take part in the trial: Be determined by the time of the trial; in case the trial adjourn is not due to the request of the lawyer and the lawyer not foretold, then the body of conduct proceedings must be in charge of payment. And the hand of the law shall be for the law of ½ days, the work of the lawyers.

Yet another logical time at the request of the agency to conduct the proceedings to carry out the proceedings.

The case of a lawyer meets with the arrested, suspended, detention, prosecution, investigation, prosecution, prosecution, schedule for the arrest, detention, detention, prosecution, investigation, prosecution, trial, detention facility, detention facility, detention facility, or session of session. The day of the day, on the day of the day, on the day of holidays, the day of holidays is calculated according to the principle of paying the wage at night, to do overtime with the cadres, officials, officials, and the following:

The level of 150% applies to overtime.

The level of 200% applies to overtime on weekdays.

The level of 300% applies to overtime or compensation dates if the holidays coincide with the week off.

The working time of the lawyer must be carried out by the law, who conducts direct proceedings to resolve the confirmation case on the basis of the sum of time working at a point a, b, c, d, this clause, as the basis of the remunation of the lawyer.

3. In addition to the payback, in the preparation and defense of the trial, if the lawyer must go to work, the payment of the work is charged by the existing regulations on the employment regime for the officer, the state civil service that goes to work in the country. According to the extent applicable to the public, the office does not hold leadership.

The time and location of the lawyer's work must be confirmed by the body.

4. In addition to the remunation and expenses at paragraph 1, 2, 3 This is due to the agency ' s conduct of payment proceedings, lawyers are not required for any additional funds, other benefits from the arrested, suspended, detention, prosecution, investigation, prosecution, trial, and prosecution. Or their relatives.

What? 3. Pay procedure

1. The procedure to pay:

The prosecution required a defense lawyer to make a bill and directly pay for the lawyer, namely: The investigative agency asked for a lawyer to join the case at the investigation stage, and the investigative body was responsible for paying the lawyers for the operation. The trial of the lawyer in the investigation period; the Institute for Human Control is liable to pay for lawyers on the activities of lawyers at the prosecution stage; the Court of People is liable to pay for lawyers for lawyers ' activities at the stage. The trial.

2. Cost time:

After the end of each phase in the proceedings (investigation, prosecution, trial), the lawyer participated in the complete case of the evidence from the payment of the payment of the labor and the relevant costs under the provisions of Article 2 of this Information. Oh,

During the 5-day period of work, since the date received enough time for payment of the payment payment and the relevant costs of the law by statute, the litigation agency is responsible for paying the lawyer to the proceedings.

What? 4.

The funding to pay for remunation and the costs of the attorney to participate in accordance with the requirements of the proceedings of the proceedings are arranged in the annual budget bill of the proceedings of the proceedings.

What? 5. Accounting, acceptance, and business decision.

The establishment of the bill, which accepts and determines the costs of paying for the attorney to participate in accordance with the requirements of the law to conduct the implementation by the provisions of the State Budget Law, Accounting Law, and the manual text.

What? 6. Terms of execution

1. This private sector has been in effect since 1 February 2015, replacing the Digital Federal Information. 66 /2007/TTLT-BTC-BTP June 19, 2007 of the Ministry of Finance and the Ministry of Justice guidelines for remuning and payment of the cost to the lawyer in the case of a solicitor to the proceedings at the request of the proceedings.

2. The hate regime for the prescribed lawyer at this Smart News was applied on 28 November 2013.

The funding of the labor regime for the lawyer in 2013 and 2014 was organized by the agencies in which the operation was delivered to perform.

3. In the course of execution if there is difficulty in the subject, the offer reflects on the Ministry of Finance, the Ministry of Justice for the amendment, added to the appropriate ./.

KT. MINISTER OF FINANCE
Chief.

KT. Minister of Justice.
Chief.

(signed)

(signed)

Cheung Chi

Nguyen Thúy