What is the name of authorized persons to participate in the court sessions in Vietnam? Does the Procuracy have right to ask people to provide materials in Vietnam?

What is the name of authorized persons to participate in the court sessions in Vietnam? 

I am the authorized person, (the principal is my brother) to represent my brother in court in the property dispute. So let me ask, what is the name of authorized person?

Reply:

Article 85 of the Civil Procedure Code 2015 provides:

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.ư

Thus, in case you are authorized by your brother to participate in the proceedings in a property dispute case, you are the representative, because you have not specified whether your brother is the plaintiff or the defendant in this case, so depending on the case you will act as the plaintiff/defendant's representative to the Trial Panel in Vietnam.

Does the Procuracy have right to ask people to provide materials in Vietnam?

I just received a letter from the District Procuratorate requesting to provide documents related to the settlement of a civil case. Do I have to provide it to the Procuracy?

Reply:

Pursuant to Article 21 of the 2015 Civil Procedure Code, the Procuracies shall supervise the law observance in civil procedures and exercise the rights to petition, recommendation or appeal according to law provisions in order to ensure lawful and timely resolution of civil cases.

Requesting agencies, organizations and individuals to supply materials and evidences is specified in Article 106 of the 2015 Civil Procedure Code, whereby:

3. When there are requests of involved parties or when it is deemed necessary, the Courts shall issue decisions requesting agencies, organizations and individuals that are managing or keeping the materials/evidences to supply those materials/evidences to the Courts.

Agencies, organizations and individuals managing or keeping the materials/evidences have the responsibility to supply adequately materials and evidences at the request of the Courts within 15 days from the day on which the requests are received; after such time limit, if such agencies, organizations or individuals fail to supply adequately materials and evidences at the request of the Courts, they shall make written responses containing explanation. Any agencies, organizations or individuals failing to comply with the requests of the Courts without good and sufficient reasons shall be administratively sanctioned or shall face criminal prosecution as prescribed by law, depending on nature and severity of the violations. The administrative penalties or criminal prosecution as prescribed by law imposed on the agencies, organizations or individuals shall not mean the exemption from supply of materials/evidences to the Courts.

4. If the procuracies request the materials/evidences, the agencies, organizations and individuals shall comply with regulations in clause 3 of this Article.

Thus, upon receiving the Procuracy's request to provide documents, you are responsible for providing sufficient documents and evidences upon request within 15 days from the date of request in Vietnam; If after this time limit expires, if you do not provide sufficient documents at the request of the Procuracy, you must reply in writing and clearly state the reason.

If you fail to comply with the Procuracy's request without a legitimate reason, depending on the nature and seriousness of your violation, you may be administratively sanctioned or liable for penal liability in accordance with law in Vietnam.

Can procurators who are relatives of involved parties participate in the proceedings in Vietnam?

I am the plaintiff in a civil dispute case being tried by appellate trial, I know that the prosecutor participating in the upcoming proceedings is a person of the defendant's side. May I ask if the prosecutor who is a relative of the defendant can participate in the proceedings? Thank you!

Reply:

- According to Article 52 of the Civil Procedure Code 2015, cases where proceeding officers must refuse to conduct the procedures or be replaced:

The proceeding officers must refuse to conduct the procedures or be replaced in the following cases:

1. They are concurrently the involved parties, the representatives or relatives of the involved parties;

2. They have participated in the proceedings in the capacity as defense counsels of the legitimate rights and interests of involved parties, witnesses, expert-witnesses or interpreters in the same case;

3. There are clear grounds to believe that they may not be impartial in performing their tasks.

- Also according to the above provisions in Article 60 of the Civil Procedure Code 2015, procurators/inspectors must refuse to conduct civil procedures or be replaced in the following cases:

1. In one of the cases prescribed in Article 52 of this Code;

2. They have acted as proceeding officers in such cases in the capacity as the Judge, People’s Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector.

Thus, based on the above provisions in Vietnam, the procurator who is a relative of the involved party must refuse to conduct the proceedings.

Here is the support content.

Best regards!