What are regulations on authorization of filing a lawsuit or participating in legal proceedings regarding settlement of bad debts in Vietnam?
Hello Lawnet. I have a question. What are regulations on authorization of filing a lawsuit or participating in legal proceedings regarding settlement of bad debts in Vietnam? Thank you!
Pursuant to Article 6 of the Resolution 03/2018/NQ-HĐTP stipulating authorization of filing a lawsuit or participating in legal proceedings regarding settlement of bad debts in Vietnam as follows:
1. Entitlement to authorize
a) A natural person is entitled to authorize another juridical person or natural person to participate in legal proceedings at the competent court to settle a dispute over settlement of NPL or collateral associated with NPL.
The lawsuit petition of a natural person shall be made in accordance with Clause 2 Article 189 of the Civil Procedure Code.
b) A juridical person is entitled to authorize another juridical person or natural person to file a lawsuit at the competent court to settle a dispute over settlement of NPL or collateral associated with NPL.
c) The authorized natural person or juridical person may re-authorize to another natural or juridical person to participate in the legal proceedings if the authorizer gives a consent in writing.
2. The authorization prescribed in Clause 1 hereof shall be made in writing and the scope and content of authorization shall be clarified.
3. A lawsuit petition of juridical person shall be written and signed as follows:
a) If the authorized representative of plaintiff is a natural person, the plaintiff section shall contain name and address or juridical person plaintiff, and full name and address of the authorized representative of plaintiff; the bottom of lawsuit petition shall contain the phrase “representative of plaintiff” and full name and signature of the authorized person. The legal representative of the juridical person plaintiff is not obliged to bear his/her name and signature at the bottom of the lawsuit petition;
b) If the authorized representative of plaintiff is a juridical person, name and address or juridical person plaintiff and name and address of juridical person authorized representative, full name and position of legal representative of juridical person authorized representative shall be written in the plaintiff section; the bottom of the lawsuit petition shall contain the phrase “representative of plaintiff, authorized juridical person, legal representative" and legal representative’s signature, full name and authorized juridical person's seal. The legal representative of the juridical person plaintiff is not obliged to bear his/her name and signature at the end of the lawsuit petition.
4. During settlement of dispute over settlement of NPL or collateral associated with NPL, if an authorization contract which is established before January 1, 2017 has not been performed or has been performed but its content or form is not compliant with the Civil Code 2015 and no dispute over such an authorization contract arises while the court is considering the case, the court shall recognize the validity of such authorization contract without requiring the involved parties to re-establish it.
Above are authorization of filing a lawsuit or participating in legal proceedings regarding settlement of bad debts in Vietnam.
Best regards!
