May the defense counsels of lawful rights and interests of the involved parties participate in a cassation hearing in Vietnam?
- Vietnam: May a person who is not a lawyer act as a defense counsel of the lawful rights and interests of an involved party?
- May the defense counsels of the lawful rights and interests of involved parties have the right to request on behalf of involved parties the change of procedure-conducting persons in Vietnam?
- May the defense counsels of lawful rights and interests of the involved parties participate in a cassation hearing in Vietnam?
Vietnam: May a person who is not a lawyer act as a defense counsel of the lawful rights and interests of an involved party?
Pursuant to the provisions of Clause 2, 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
1. Defense counsels of the lawful rights and interests of involved parties are persons participating in procedures to defend the lawful rights and interests of involved parties.
2. 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;
a/ Lawyers who participate in procedures in accordance with the law on lawyers;
b/ Legal counsels or persons who join in providing legal aid in accordance with the Law on Legal Aid;
c/ 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.
...
Defense counsels of the lawful rights and interests of involved parties are persons participating in procedures to defend the lawful rights and interests of involved parties.
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;
- 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.
Thus, persons who are not lawyers may act as defense counsels of the lawful rights and interests of involved parties when meeting the above requirements.
Vietnam: May a person who is not a lawyer act as a defense counsel of the lawful rights and interests of an involved party? (Image from the Internet)
May the defense counsels of the lawful rights and interests of involved parties have the right to request on behalf of involved parties the change of procedure-conducting persons in Vietnam?
Pursuant to the provisions of point d 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
...
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.
Defense counsels of the lawful rights and interests of involved parties have the right to request on behalf of involved parties the change of procedure-conducting persons and other procedure participants in accordance with this Law.
May the defense counsels of lawful rights and interests of the involved parties participate in a cassation hearing in Vietnam?
Pursuant to the provisions of Article 286 of the Law on Administrative Procedures 2015 on the application of the provisions of cassation procedures as follows:
Application of provisions of cassation procedures
Other provisions on reopening competence and procedures are applied like those on cassation procedures in this Law.
Other provisions on reopening competence and procedures are applied like those on cassation procedures in this Law.
Pursuant to the provisions of Article 267 of the Law on Administrative Procedures 2015:
Cassation hearing participants
1. A cassation hearing shall be participated by the same-level procuracy.
2. When finding it necessary, the court may summon the involved parties, lawful representatives or defense counsels of lawful rights and interests of the involved parties and other procedure participants involved in the protest to participate in a cassation hearing. The cassation trial panel shall still conduct the court hearing in the absence of these persons.
Therefore, when finding it necessary, the court may summon the involved parties, lawful representatives or defense counsels of lawful rights and interests of the involved parties and other procedure participants involved in the protest to participate in a cassation hearing. The cassation trial panel shall still conduct the court hearing in the absence of these persons.
Defense counsels of lawful rights and interests of the involved parties may participate in a cassation hearing in some cases.
LawNet