Do families be entitled to reject lawyers to defend their children in Vietnam?

Do families be entitled to reject lawyers to defend their children in Vietnam?

Pursuant to Article 77 of the 2015 Criminal Procedure Code stipulates replacement or rejection of defense counsels as follows:

1. The following persons are entitled to reject or request the replacement of defense counsels:

a) Persons facing charges;

b) Representatives of persons facing charges;

c) Kin of persons facing charges.

All rejections or replacements of defense counsels must be approved by persons facing charges, executed in writing and inputted in case files, unless otherwise stated in Point b, Section 1, Article 76 of this Law.

2. If kin of arrestees, temporary detainees or persons in detention reject defense counsel(s) during the stage of investigation, the investigator and such defense counsel(s) shall directly meet the person in custody to confirm the rejection.

3. If a defense counsel is appointed according to Point 1, Article 76 of this Law, the accused person and his representative or kin shall preserve the right to petition for the replacement or rejection of such defense counsel.

If a defense counsel is replaced, a new defense counsel shall be appointed according to Point 2, Article 76 of this Law.

If a defense counsel is rejected, competent procedural authorities shall record in writing such rejection by accused persons or their representatives or kindred according to Point b, Section 1, Article 76 of this Law, shall terminate the appointment of defense counsels.

Thus, relatives in the person facing charge's family have the right to refuse or propose to change the defense counsel. Therefore, you have the right to reject the defense attorney and change the defense counsel for your child. The change or reject of the defense counsel must have the consent of your child and be recorded in the case file in Vietnam.

When registering activities of pleading, what documents do lawyers have to present in Vietnam?

According to Article 78 of the 2015 Criminal Procedure Code, procedures for registration of defense counsel are as follows:

1. In all legal proceedings, a defense counsel must register his activities of pleading.

2. A defense counsel, when registering activities of pleading, must present these documents:

a) A lawyer shall present his lawyer registration card with a certified copy of such, and the letter of application for defense counsel by representatives or kin of accused persons;

b) A representative of accused persons must present identity card or citizen identification card with certified copies of such, and the letter of confirmation by competent authorities of their relationship with the accused persons;

c) A people’s advocate must present his identity card or citizen identification card with certified copies of such, and the letter of appointment b the Committee and affiliations of Vietnam Fatherland Front;

d) A legal assistant or solicitor providing legal aid must present the letter of appointment by legal aid providers and his legal assistant's card or lawyer registration card, respectively, with certified copy of such.

3. If a defense counsel is appointed as per Article 76 of this Law, the following papers must be presented:

a) A lawyer shall present his lawyer registration card with certified copy of such and the letter of appointment by the law firm at which such lawyer practices law, or the letter of assignment by the bar association for individual lawyers;

b) A people's advocate shall present his identity card or citizen identification card with certified copy of such and the letter of appointment by the Committee or affiliations of Vietnam Fatherland Front;

c) A legal assistant or solicitor providing legal aid shall present his legal assistant’s card or lawyer registration card, respectively, with certified copy of such and the letter of appointment by a governmental legal aid center.

4. In 24 hours upon receiving sufficient documents as stated in Point 2 or Point 3 of this Article, competent procedural authorities must verify such papers and the absence of an application for rejection of defense counsel as stated in Point 5 of this Article. Competent procedural authorities, upon completing its verification, shall enter information into a written record for registration of defense counsel, promptly send a notice of defense counsel to the entities registering such defense counsel, and retain papers regarding the registration of defense counsel in the case file. If requirements are not satisfied, denial of registration of defense counsel and reasons shall be informed in writing.

5. Competent procedural authorities deny the registration of defense counsel in one of the following events:

a) As per Point 4, Article 72 of this Law;

b) The accused person and qualified for defense counsel appointment rejects a defense counsel.

6. The written notice of defense counsel takes effect during legal proceedings, save the following events:

a) The accused person rejects or requests to have the defense counsel replaced;

b) A representative or kin of the accused person, according to Point b, Section 1, Article 76 of this Law, reject or request to have the defense counsel replaced;

7. Competent procedural authorities remove the registration of defense counsel and inform the defense counsel and detention facility in one of the following events:

a) The defense counsel falls to circumstances as defined in Point 4, Article 72 of this Law;

b) The laws are violated during the progress of pleading.

According to this Article, when registering activities of pleading, a lawyer must present the documents specified above in Vietnam.

Best Regards!