Number: 18 /2013/TT-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, November 20, 2013
IT ' S SMART
Guide to the time calculation and payment procedure
The cost of doing legal assistance.
Legal Aid Base on June 29, 2006;
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 07 /2007/NĐ-CP December 12, 2007 of the Government rules the details and guidelines for some of the provisions of the Legal Aid Act;
Base of Protocol 14 /2013/NĐ-CP 05 February 2013 of the Government amended, adding some of the provisions of the Digital Protocol. 07 /2007/NĐ-CP December 12, 2007 of the Government rules the details and guidelines for some of the provisions of the Legal Aid Act;
To implement the unified opinion of the Ministry of Finance and the Ministry of Justice at No. 209 /2012/TTLT-BTC-BTP November 30, 2012 of the Ministry of Finance and the Ministry of Justice guidelines for the establishment, management, use and determination of the funding of the activities of the state legal aid agency, the Minister of Justice that issued the Information Guide to the timing of the implementation. and the procedure for payment of the cost of doing legal help. as follows:
What? 1. The tuning range and subject apply
1. This message guides how the timing of the execution and the procedure payment procedure is done by the legal aid.
2. This information applies to the State Legal Aid Center (later called the Centre), Branch of the Centre (later called the Branch) and the legal aid community; the case of the legal aid that imples legal assistance in accordance with the applicable law. The form of litigation, external representation, reconciliation, implementation of the time of execution and the procedure to pay the costs of carrying out the legal aid that is done in accordance with this information, and the Assistant Legal Aid is entitled to the compensation. A 20% job application to the legal aid community.
What? 2. Principles of execution
1. Fit into the complex nature of each incident by regulation at the Digital Notice. 05 /2008/TT-BTP September 23, 2008 of the Ministry of Justice guidelines for a career in legal aid and state management of legal assistance; facilitalization of the Centre, Branch, Legal Aid, the legal aid community in payment of the cost of carrying out the case. It's a legal aid.
2. When browsing the cost payment of a legal aid case, the Director of the Center is responsible for the rationalization, the legalization of approx.
3. When prescribation is a legal aid, the person who performs legal assistance is responsible for the authenticity of the manifest.
4. When confirming the working time of the person who performs the legal help, the confirmed person is responsible for the authenticity of the confirmation.
1. The time of oral law (which is calculated by hours) and the base that determines the time of law consultation includes:
a) Time to meet, contact with the person who is given legal help or their relatives due to their legal or personal assistance to confirm;
b) The time of verification, working at the agency, organization, and individual is involved in the aid of the legal assistance provided by the agency, the organization, the individual where to the validation;
c) The time of the study of the legal aid case; the time for the preparation of the document for the consultation of the law by the Centre or Branch confirmed on the basis of a proposal by the person carrying out the legal aid.
2. For the case of written law consulting the cost payment is made as stipulated at the section 1.4 Annex issued by the Information of the Number of Affiliates. 209 /2012/TTLT-BTC-BTP November 30, 2012 of the Ministry of Finance and the Ministry of Justice guidelines for the establishment, management, use and determination of the agency's activities, the organization of state legal assistance.
Article 4. Duration of the proceedings
1. Time and base defining time of participation in the proceedings of the resolution of the legal aid include:
a) Time to meet the detained man, the defendant, the defendant at the detention facility, the custody of the detention facility, the custody confirmed; the case of the defendant, the defendant on bail, the time of the arrest, the defendant confirmed;
b) The time to participate in the question of the body, the defendant, or the testimony of the defendant, the witness, who has the right to gain, the obligation to be associated with the Investigation of the Investigation or the examination by the Inquisor, or by the Inquisship, or by the examination of the testimony;
c) The meeting time, working with the body of the suspended person, was involved, defendant; the time worked with the harm, the person with the rights, the related obligation, the witness, the witness, the other participant in the case of criminal proceedings due to the crimes. This man confirmed.
d) The time of meeting, working with civil plaintiffs, defendant, the witness, who has the rights, the related obligations, the other participant in the case of civil litigation by these people;
) Time working with the starter, the defendant, the other litiger, who has the rights, the relevant obligation in the case of the administrative proceedings due to these people confirmed;
e) Time for the study of the case and the preparation of a document at the agency to conduct the proceedings due to the person directly addressing the case of the body's case of confirmation; the time of meeting, working with the person who conducted the proceedings by the conduct of the proceedings;
g) Time verification, collection of documents, objects, evidence, necessary details related to the defense, protection; duration of the current review; the time to visit dialogue in the administrative case by the Centre or Branch confirmation on a proposed basis. published by the Attorney General, the Legal Aid;
h) The time of reconciliation for the civil case is obligated to reconcile before the trial by law chaired by the Court of Justice.
i) Time to join the trial by Judge presiding;
) Time of work required with the agency, organization, other individuals involved in the case of legal assistance provided by the agency, the organization, that individual confirmed.
2. In case the agency conducts a suspended or suspended sentence of suspensing the case, the time as the duty base payment of the Attorney General's Legal Aid, Legal Aid is the actual time that the Attorney General, Legal aid has been involved in legal assistance to the time of suspension or temporary suspension of the case.
What? 5. Time of participation in the field of representation
The time and base that determines the time of the event in addition to the proceedings include:
1. Time to meet, contact with the legal helper, their relatives, who testify to those who confirm;
2. The time of filing research, preparation of documents to carry out the representative due to the Centre or Branch confirmed on the basis of the proposed basis of the Associate Counsel, the Legal Aid;
3. Time of verification, collection of documents, objects, evidence, details related to the representation of the Centre or Branch confirmed on the basis of a proposed basis by the Attorney General Counsel, Legal Aid;
4. The time of the Associate Counsel, the Legal Aid meets, works with the agency, the organization, the individual involved by the agency, the organization, that individual confirms;
5. The time of the Associate Counsel, the Legal Aid involved in the representative of the agency, the organization, the individual who has the authority to address the case of the legal assistance provided by the agency, the organization, that individual confirmed.
What? 6. The procedure recommended payment of the cost of carrying out legal help
1. After the completion of the consultation, participation in the proceedings, participation in the agent in addition to the proceedings, the person who performs the legal assistance of 1 sets of files offers the cost of doing the task of assisting the legal aid of the Centre or Branch. The profile consists of:
a) The cost table and the time of the implementation of the legal advice, participation in the proceedings, the representation of the prosecution (Form 01 issued by this message);
b) The vote confirms the time of work (Form 02 issued by this message);
c) The invoice, certification, and valid papers demonstrate the administrative costs associated with the implementation of the legal aid (if any) according to financial current regulation.
2. After the completion of the mediation, the person who performed the legal aid created the mediation board for the mediation (Form 3 issued by this message) to the Centre or Branch recommended payment.
3. Payment mode for legal aid.
In the period of three (03) of working days, since the date of receiving a payment recommended by the regulation at paragraph 1 and paragraph 2 This, the Branch where the recipient of the legal aid is responsible for transferring the file to the Centre for payment by regulation.
In the period of the year (05) working day, since the date of receiving a valid valid profile at this time, the Centre is responsible for paying the cost of carrying out the legal aid to the prescribed proponer.
In the case of an unvalid case, in the period of three (03) days of work, since the date of receiving the file, the Centre requires the recipient of the complete legal help.
This announcement came into effect on 10 January 2014.
In the process of implementation, if there is difficulty, entangrium arise, recommend that the local Ministry of Justice reflect on the Ministry of Justice to study, modify, replenicate in time and match.