On what basis does the court appoint representatives in civil proceedings in Vietnam?

On what basis does the court appoint representatives in civil proceedings in Vietnam?

On what basis does the court appoint representatives in civil proceedings in Vietnam? In a civil trial, in what cases does the Court appoint a representative? Look forward to consulting. Thank you very much! Bich Phuong, Hanoi (Phone number: 098***)

Reply:

A representative appointed by the Court is a representative who participates in proceedings to protect the legal rights and interests of the litigant as appointed by the Court.

According to Article 88 of the 2015 Civil Procedure Code, appointment of representatives in civil proceedings is regulated as follows:

1. While civil procedures are conducted, if any involved party is the minor persons, legally incapacitated persons, persons with limited capacity of exercise, persons with limited cognition or behavior control but has no representative or his/her representative at law falls into one of the cases specified in Clause 1, Article 87 of this Code, the Court must appoint the representative to participate in the proceedings at courts.

2. In labor cases where involved parties are those specified in clause 1 of this Article or where the employees are minor persons and they have no representatives and the Courts fail to appoint the employee collective’s representative organization as prescribed in clause 1 of this Article, the Courts shall appoint organization representing collective labor to represent such employees.

Above is our advice on the basis for court-appointed representatives in civil proceedings. You should refer to the 2015 Civil Procedure Code in detail to clearly understand this regulation in Vietnam.

On what basis does the court appoint representatives in civil proceedings in Vietnam? (Image from the Internet)

What are rights and obligations of representatives at law in civil proceedings in Vietnam?

Hello, my name is Khanh Hoa, currently an office employee in HCM. Let me ask: What are regulations on rights and obligations of representatives at law in civil proceedings in Vietnam? Looking forward to receiving advice from you. Thank you very much!

Reply:

According to Article 86 of the 2015 Civil Procedure Code, rights and obligations of representatives:

1. The representatives at law in civil procedures shall exercise the procedural rights and obligations of the involved parties within the scope they represent.

2. The proxy representatives in civil procedures shall exercise the procedural rights and obligations of the involved parties according to the written authorization.

Above is our advice on the rights and obligations of legal representatives in civil proceedings in Vietnam. You should refer to the 2015 Civil Procedure Code in detail to clearly understand this regulation.

What are regulations on representatives filing lawsuits to request termination of adoption relationship in Vietnam? 

Mr. A and Mrs. B had no children together, so in 1998 they adopted their niece C. In 2013, Mrs. B died, Mr. A left, so Mr. C lived with Mrs. B's relatives. In 2015, Mr. A returned, forced Mr. Mrs. B's biological mother filed a lawsuit to request termination of the adoption relationship between Mr. A and child C. Is Mrs. D the representative of child C? Look forward to consulting. Thank you very much!

Reply:

According to the provisions of Article 85 of the 2015 Civil Procedure Code:

1. The representatives in civil procedures comprise the representatives at law and the proxy representatives. The representatives can be individuals or legal entities as defined in Civil Code

2. The representatives at law as defined in the Civil Code shall be the representatives at law in the civil procedures, except where the representative right is restricted under law provisions.

Agencies, organizations and individuals that initiate lawsuit to protect the legitimate rights and interests of others shall also be the representatives at law of the protected persons in the civil procedures.

3. Employee collective’s representative organizations shall be lawful representatives of collective of employees initiating lawsuits over labor cases, participate in procedures at Courts when legitimate rights and interests of the collective of employees are infringed upon; employee collective’s representative organizations are in charge of representing employees in initiating lawsuits over labor cases and participate in procedures when being authorized by employees.

If multiple employees filing the same claim towards the employer of the same enterprise/unit, such employees may authorize a representative from the employee collective’s representative organization to represent them in initiating lawsuits over labor cases and participate in procedures at the Court.

4. The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in clause 2 Article 51 of the Law on marriage and family, they such be the representatives.

At the same time, based on Article 86 of the 2015 Civil Procedure Code:

1. The representatives at law in civil procedures shall exercise the procedural rights and obligations of the involved parties within the scope they represent.

2. The proxy representatives in civil procedures shall exercise the procedural rights and obligations of the involved parties according to the written authorization.

Thus, C's aunt has the right to represent C to sue to terminate the adoption relationship. You should refer to the 2015 Civil Procedure Code in detail to clearly understand this regulation in Vietnam.

Best regards!