Who is the defense counsel of involved parties' legitimate rights and interests in civil proceedings in Vietnam?
- Who is the defense counsel of involved parties' legitimate rights and interests in civil proceedings in Vietnam?
- What documents must be present to obtain a certificate of the participation in the civil proceedings in Vietnam?
- What are the rights and obligations of defense counsels of the involved parties' legitimate rights and interests in civil proceedings in Vietnam?
Who is the defense counsel of involved parties' legitimate rights and interests in civil proceedings in Vietnam?
Pursuant to Article 75 of the Code of Civil Procedure 2015 stipulating the defense counsel of involved parties' legitimate rights and interests as follows:
Defense counsels of involved parties' legitimate rights and interests
1. The defense counsels of involved parties' legitimate rights and interests are persons who participate in the procedures to protect the involved parties' legitimate rights and interests.
2. The following persons can act as defense counsels of the involved parties legitimate rights and interests when they were asked by the involved parties and have been accepted by Courts to participate in the procedures to protect the involved parties’ legitimate rights and interests:
a) Lawyers who participate in the procedures under the provisions of the legislation on lawyers;
b) Legal aid officers or persons participating in legal aid under the law on legal aid;
c) Representatives of employee collective’s representative organizations who are defense counsels of employee’s legitimate rights and interests in labor cases according to legislation on labor and trade union;
d) Vietnamese citizens who have full civil act capacity, have clean criminal records or have been expunged convictions, who do not fall into the cases subject to the application of administrative handling measures; who are not cadres or civil servants in the Court or procuracy sector, officers or non-commissioned officers in the public security force.
3. The defense counsels of the involved parties' legitimate rights and interests can defend the legitimate rights and interests of more than one involved party in the same case, if those persons' legitimate rights and interests do not conflict each other. Many defense counsels of the involved parties' legitimate rights and interests may jointly defend the legitimate rights and interests of one involved party in a case.
4. When applying the Court to carry out the registration procedure for defense counsels of involved parties’ legitimate rights and interests, the applicant shall present the following papers:
a) The lawyers shall present papers according to regulations in the Law on lawyers;
b) Legal aid officers or persons participating in legal aid under the law on legal aid shall present the written appointment for legal aid issued by the organizations providing legal aid and the cards of legal aids or lawyer’s card;
c) Representatives of employee collective’s representative organization shall present the writing that such organizations have appointed them to defend the legitimate rights and interests of the employees/collective labor;
d) Vietnamese citizens satisfying conditions specified in point d clause 2 of this Article shall present the written petitions of the involved parties and their identity papers.
5. After checking papers, if the applicant is satisfactory to act as the defense counsel of the involved parties’ legitimate rights and interests as prescribed in clauses 2, 3 and 4 of this Article, within 03 working days from the day on which the application is received, the Court shall record to the register the defense counsel of the involved parties’ legitimate rights and interests and shall certify the application for defense counsels of the involved parties. If the application is rejected, the Court shall send the applicant a written notification containing the explanation.
Accordingly, the following persons can act as defense counsels of the involved parties legitimate rights and interests
- Lawyers who participate in the procedures under the provisions of the legislation on lawyers;
- Legal aid officers or persons participating in legal aid under the law on legal aid;
- Representatives of employee collective’s representative organizations who are defense counsels of employee’s legitimate rights and interests in labor cases according to legislation on labor and trade union;
- Vietnamese citizens who have full civil act capacity, have clean criminal records or have been expunged convictions, who do not fall into the cases subject to the application of administrative handling measures; who are not cadres or civil servants in the Court or procuracy sector, officers or non-commissioned officers in the public security force.
Who is the defense counsel of involved parties' legitimate rights and interests in civil proceedings in Vietnam?
What documents must be present to obtain a certificate of the participation in the civil proceedings in Vietnam?
Pursuant to Clause 2, Article 27 of the Law on Lawyers 2006, as amended by Clause 14, Article 1 of the Law on amending and supplementing a number of articles of the Law on Lawyers 2012, stipulates as follows:
The lawyer’s participation in proceedings
...
2. When participating in proceedings as a protector of the lawful rights and interests of a litigant in a civil case, an administrative lawsuit, protecting the lawful rights and interests of a victim, a civil plaintiff, a civil defendant, and persons having relevant rights and obligations in a criminal lawsuit, the lawyer must present the lawyer’s card and the written request for a lawyer of the client. Within 03 working days from the day the lawyer presents his or her lawyer’s card and the written request for a lawyer of the client, the presiding agency shall issue a certificate of the participation in the proceedings of the lawyers. The refusal must be notified and explained in writing.
In case an apprentice lawyer comes with an instructing lawyer in a civil case, an administrative lawsuit as prescribed in Clause 3 Article 14 of this Law, the instructing lawyer shall present the certificate of apprentice lawyer and written agreement of the client when contacting with other organizations and individuals.
According to the above provisions, a lawyer will be granted a certificate of the participation in the proceedings by the presiding agency when participating in proceedings as a protector of the lawful rights and interests of a litigant in a civil case if they can present:
- the lawyer’s card;
- the written request for a lawyer of the client.
In case an apprentice lawyer comes with an instructing lawyer in a civil case, an administrative lawsuit, the instructing lawyer shall present the certificate of apprentice lawyer and written agreement of the client when contacting with other organizations and individuals.
What are the rights and obligations of defense counsels of the involved parties' legitimate rights and interests in civil proceedings in Vietnam?
Pursuant to Article 76 of the Code of Civil Procedure 2015, which stipulates the rights and obligations of defense counsels of the involved parties' legitimate rights and interests as follows:
- To participate in the procedures right at the time of lawsuit initiation or at any stage in the civil procedures.
- To collect and supply materials and evidences to courts; to study case files and to take notes, to copy necessary materials in the case files in order to defend the legitimate rights and interests of the involved parties, except for materials and evidences specified in clause 2 Article 109 of this Code.
- To participate in mediation, Court sessions or make their written defense of the legitimate rights and interests of the involved parties to Courts for consideration.
- To petition on behalf of the involved parties the replacement of proceeding officers and/or other procedure participants according to the provisions of this Code.
- To provide involved parties with legal aid related to the defense of their legitimate rights and interests; if they are authorized by the involved parties, they shall receive the papers and procedural documents that are transmitted or notified by the Court on behalf of the involved parties and shall give then to the involved parties.
- To comply with rights and obligations specified in clauses 1, 6, 16, 17, 18, 19 and 20 of Article 70 of this Code.
- To have other rights and obligations prescribed by law.
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