Can a defendant hire more than one defense lawyer in Vietnam?

Can a defendant hire more than one defense lawyer in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Can a defendant hire more than one defense lawyer in Vietnam?

According to Clause 5, Article 72 of the Criminal Procedure Code 2015, it is stipulated:

A defense counsel may defend various persons facing charges in one lawsuit if such persons' rights and benefits do not come into collision.

Various defense counsels may defend one person facing charges.

Thus, according to the above regulations, many defense counsels can defend an accused person. Therefore, a defendant can hire many lawyers to defend him or her without limitation in number.

2. Does the defendant have the right to choose a defense counsels? in Vietnam

Article 75 of the Criminal Procedure Code 2015 stipulates:

- Defense counsels are selected by the accused person, his representative or kindred.

- In 12 hours upon receiving a written request for defense counsel(s) from an arrestee or temporary detainee, competent authorities managing such arrestee and temporary detainee are responsible for conveying such request to the defense counsel(s), their representatives or kindred.

If an arrestee or temporary detainee does not specify a defense counsel, competent authorities managing such arrestee or temporary detainee must impart his written request to a representative or kindred, who shall seek defense counsel(s).

In 24 hours upon receiving a written request for defense counsel(s) from a person held in detention, competent authorities managing such person are responsible for conveying such request to defense counsel(s), their representative or kindred.

If a person in detention does not specify a defense counsel, competent authorities managing such person shall give his written request to a representative or kindred, who shall seek defense counsel(s).

- If a representative or kin of arrestees, temporary detainees or persons in detention lodge a written request for defense counsel(s), competent authorities are responsible for promptly informing such persons in custody to attain their opinions on soliciting defense counsels.

- Personnel of the Committee or affiliations of Fatherland Front in districts, communes, provincial cities or centrally-affiliated cities' metropolis, or their representatives or kindred request the said authorities to assign people’s advocate(s) to defend such personnel, who face charges.

3. What should be done if the defendant is not able to invite a defense lawyer in Vietnam ?

- Competent procedural authorities shall appoint defense counsels, who are not sought by accused persons, their representative or kin in the following events:

= Suspects or defendants facing charges that may lead to the harshest sentence of 20 years in prison, life imprisonment or death as per the Criminal Code;

= Persons facing charges and not capable of defending themselves due to physical defects; those with mental disabilities or those under 18 years of age.

- Competent procedural authorities must demand or ask the following organizations to assign defense counsels for the cases defined in Point 1 of Article 76 of the Criminal Procedure Code 2015:

= A bar association assigns a law firm to appoint defense counsel(s);

= A governmental legal aid center appoints a legal assistant or lawyer to defend persons qualified for legal aid;

= The committee or affiliations of Vietnam Fatherland Front appoint people's advocate(s) for their personnel who face charges.

(Article 76 of the Criminal Procedure Code 2015)

Nguyen Ngoc Que Anh

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