Do defense counsels of lawful rights and interests of involved parties have the right to appeal against judgments of the first-instance court according to appellate procedures in Vietnam?
- Who may act as defense counsels of the lawful rights and interests of involved parties in administrative cases in Vietnam?
- What are the rights and obligations of defense counsels of lawful rights and interests of involved parties in Vietnam?
- Do defense counsels of lawful rights and interests of involved parties have the right to appeal against judgments of the first-instance court according to appellate procedures in Vietnam?
Who may act as defense counsels of the lawful rights and interests of involved parties in administrative cases in Vietnam?
Pursuant to the provisions of Clause 2, Article 61 of the Law on Administrative Procedures 2015, the following persons may act as defense counsels of the lawful rights and interests of involved parties when requested by such involved parties and registered by the court as defense counsels of the lawful rights and interests of involved parties:
- Lawyers who participate in procedures in accordance with the law on lawyers;
- Legal counsels or persons who join in providing legal aid in accordance with the Law on Legal Aid 2017;
- Vietnamese citizens who have the full civil act capacity and legal knowledge, have not yet been convicted or had been convicted but have had their criminal records remitted, are not subject to any administrative handling measure and are not cadres or civil servants of courts, procuracies, inspectorates or judgment enforcement agencies or civil servants, officers or noncommissioned officers in public security forces.
Do defense counsels of lawful rights and interests of involved parties have the right to appeal against judgments of the first-instance court according to appellate procedures in Vietnam? (Image from the Internet)
What are the rights and obligations of defense counsels of lawful rights and interests of involved parties in Vietnam?
Pursuant to the provisions of Clause 6, Article 61 of the Law on Administrative Procedures 2015 on defense counsels of lawful rights and interests of involved parties:
Defense counsels of lawful rights and interests of involved parties
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6. Defense counsels of the lawful rights and interests of involved parties have the following rights and obligations:
a/ To participate in procedures from the time when the lawsuit is instituted or at any stage of the administrative proceedings:
b/ To collect documents and evidences and furnish the court with documents and evidences, study case files and take notes of and copy necessary documents included in case files for the purpose of defending the lawful rights and interests of involved parties, except documents and evidences not permitted to be disclosed under Clause 2, Article 96 of this Law;
c/ To participate in court hearings or sessions or send documents for defending the lawful rights and interests of involved parties to the court for examination in case of failure to participate in court hearings or sessions;
d/ To request on behalf of involved parties the change of procedure-conducting persons and other procedure participants in accordance with this Law;
dd/ To assist involved parties in legal matters related to the defense of their lawful rights and interests; to receive on behalf of involved parties procedural papers and documents delivered or notified by the court in case of being authorized by involved parties and forward such papers and documents to involved parties;
e/ The rights and obligations provided in Clauses 1, 6, 9, 16, 19 and 20, Article 55 of this Law.
g/ Other rights and obligations provided by law.
Thus, rights and obligations of defense counsels of lawful rights and interests of involved parties are as follows:
- To participate in procedures from the time when the lawsuit is instituted or at any stage of the administrative proceedings:
- To collect documents and evidences and furnish the court with documents and evidences, study case files and take notes of and copy necessary documents included in case files for the purpose of defending the lawful rights and interests of involved parties, except documents and evidences not permitted to be disclosed under Clause 2, Article 96 of this Law;
- To participate in court hearings or sessions or send documents for defending the lawful rights and interests of involved parties to the court for examination in case of failure to participate in court hearings or sessions;
- To request on behalf of involved parties the change of procedure-conducting persons and other procedure participants in accordance with this Law;
- To assist involved parties in legal matters related to the defense of their lawful rights and interests; to receive on behalf of involved parties procedural papers and documents delivered or notified by the court in case of being authorized by involved parties and forward such papers and documents to involved parties;
- The rights and obligations provided in Clauses 1, 6, 9, 16, 19 and 20, Article 55 of this Law.
- Other rights and obligations provided by law.
Do defense counsels of lawful rights and interests of involved parties have the right to appeal against judgments of the first-instance court according to appellate procedures in Vietnam?
Pursuant to the provisions of Article 204 of the Law on Administrative Procedures 2015:
Persons having the right to appeal
Involved parties or their lawful representatives have the right to appeal against judgments or decisions of the first-instance court to suspend or terminate the settlement of cases in order to request the appellate court to conduct retrial according to appellate procedures.
Pursuant to the provisions of Clause 1 Article 60 of the Law on Administrative Procedures 2015, representatives in administrative procedures include at-law representatives and authorized representatives
Involved parties or their lawful representatives have the right to appeal against judgments or decisions of the first-instance court. In addition, representatives in administrative procedures include at-law representatives and authorized representatives.
Thus, pursuant to Article 204 of this Law, defense counsels of lawful rights and interests of involved parties do not have the right to appeal against judgments of the first-instance court according to appellate procedures.
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