In a civil case, can one person represent involved parties in Vietnam?

In a civil case, can one person represent involved parties in Vietnam?

I am an intern at the Court. I recently watched a civil trial and saw that there was only one representative who could represent many people in a civil case. I found it strange. Therefore, please ask: can one person represent many involved parties in a civil case?

Reply:

In Clause 1, Article 87 of the 2015 Civil Procedure Code, it is stipulated:

1. Persons must not act as representatives at law in the following cases:

a) They are also the involved parties in the same case with the represented persons where their legitimate rights and interests are contrary to those of the represented persons;

b) They are acting as representatives at law in civil procedures for other involved parties whose legitimate rights and interests are contrary to those of the represented persons in the same case.

We can understand that a person is not allowed to represent multiple involved parties in the same civil case when their legal rights and interests are in opposition to each other. Thus, if they represent many involved parties in the same civil case and the legal rights and interests of these represented do not conflict with each other, a representative can represent many involved parties in Vietnam.

In a civil case, can one person represent involved parties in Vietnam? (Image from the Internet)

What are regulations on presence of involved parties, their representatives and defense counsels of legitimate rights and interests in Vietnam?

What are regulations on presence of involved parties, their representatives and defense counsels of legitimate rights and interests in Vietnam?

Reply:

Pursuant to Article 227 of the 2015 Civil Procedure Code, regulations on presence of involved parties, their representatives and defense counsels of legitimate rights and interests are as follows:

1. For the first time duly summoned by the Court, involved parties or their representatives and defense counsels of their legitimate rights and interests must be present at the Court session; if any of them is absent, the trial panel shall postpone the Court session, unless such person requests for trial in his/her absence.

The Courts must notify the involved parties, their representatives and defense counsels of legitimate rights and interests of the postponement of the Court session.

2. For the second time duly summoned by the Court, involved parties or their representatives and defense counsels of their legitimate rights and interests must be present at the Court session, unless they request for trials in their absence; if any of them is absent due to a force majeure event or an objective obstacle, the Court may postpone the Court session, otherwise the Court shall handle as follows:

a) If the plaintiff is absent and his/her representative does not participate in the Court session, such plaintiff shall be considered giving up the lawsuit initiation, thus the Court shall issue a decision to terminate the case resolution for his/her request for lawsuit initiation, unless such plaintiff requests for trials in their absence. The plaintiff may re-initiate lawsuits according to law provisions;

b) If the defendant without counter-claims or a person with relevant interests and duties without independent claims is absent and his/her representative does not participate in the Court session neither, then the Court shall direct the trial according to absence-trial procedure;

a) If the defendant has counter-claims but is absent and his/her representative does not participate in the Court session, such defendant shall be considered giving up the counter claims, thus the Court shall issue a decision to terminate the resolution for his/her counter claims, unless such defendant requests for trial in his/her absence. The defendant may re-initiate lawsuits for his/her counter-claims according to law provisions;

a) If the person with relevant interests and duties has independent claims but is absent and his/her representative does not participate in the Court session, such person shall be considered giving up the independent claims, thus the Court shall issue a decision to terminate the resolution for his/her independent claims, unless such person requests for trial in his/her absence. Such person may re-initiate lawsuits for his/her independent claims according to law provisions;

dd) If the defense counsels of legitimate rights and interests of the involved parties are absent, the Court shall direct the trial according to absence-trial procedures.

Can appellant authorize a representative to conduct the application for appeal in Vietnam?

Because work is quite busy, after the Court's decision on the dispute between me and Mr. B, I want to continue to appeal but if I want to authorize someone else, is that possible? Look forward to receiving your feedback.

Reply:

In Clause 3, Article 272 of the 2015 Civil Procedure Code, it is stipulated:

3. For appellant specified in clause 2 of this Article, if the appellant cannot apply for appeal himself/herself, he/she may authorize a representative to conduct the application for appeal. Regarding the blanks for name and address of the appellant on the application form, full name and address of the proxy representative of the appellant; phone number, fax number, e-mail address (if any) of the appellant must be written and the written authorization for conduct application for appeal must be enclosed therewith. At the end of the application form, the proxy representative of appellant must append his/her signature or fingerprint.

Above is the consulting content. Hope this shared information will be helpful to you.

Best regards!