Vietnam: Who are defense counsels of involved parties' legitimate rights and interests?

Vietnam: Who are defense counsels of involved parties' legitimate rights and interests? (Internet image) 

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

1. Who are defense counsels of involved parties' legitimate rights and interests?

According to Article 75 of the Civil Procedure Code 2015, regulations on defense counsels of involved parties' legitimate rights and interests are as follows:

- The defense counsels of involved parties' legitimate rights and interests are persons who participate in the procedures to protect the involved parties' legitimate rights and interests.

- The following persons can act as defense counsels of the involved parties legitimate rights and interests when they were asked by the involved parties and have been accepted by Courts to participate in the procedures to protect the involved parties’ legitimate rights and interests:

+ Lawyers who participate in the procedures under the provisions of the legislation on lawyers;

+ Legal aid officers or persons participating in legal aid under the law on legal aid;

+ Representatives of employee collective’s representative organizations who are defense counsels of employee’s legitimate rights and interests in labor cases according to legislation on labor and trade union;

+ Vietnamese citizens who have full civil act capacity, have clean criminal records or have been expunged convictions, who do not fall into the cases subject to the application of administrative handling measures; who are not cadres or civil servants in the Court or procuracy sector, officers or non-commissioned officers in the public security force.

- The defense counsels of the involved parties' legitimate rights and interests can defend the legitimate rights and interests of more than one involved party in the same case, if those persons' legitimate rights and interests do not conflict each other. Many defense counsels of the involved parties' legitimate rights and interests may jointly defend the legitimate rights and interests of one involved party in a case.

- When applying the Court to carry out the registration procedure for defense counsels of involved parties’ legitimate rights and interests, the applicant shall present the following papers:

+ The lawyers shall present papers according to regulations in the Law on lawyers;

+ Legal aid officers or persons participating in legal aid under the law on legal aid shall present the written appointment for legal aid issued by the organizations providing legal aid and the cards of legal aids or lawyer’s card;

+ Representatives of employee collective’s representative organization shall present the writing that such organizations have appointed them to defend the legitimate rights and interests of the employees/collective labor;

+ Vietnamese citizens satisfying conditions specified in point d clause 2 of Article 75 of the Civil Procedure Code 2015 shall present the written petitions of the involved parties and their identity papers.

- After checking papers, if the applicant is satisfactory to act as the defense counsel of the involved parties’ legitimate rights and interests as prescribed in clauses 2, 3 and 4 of Article 75 of the Civil Procedure Code 2015, within 03 working days from the day on which the application is received, the Court shall record to the register the defense counsel of the involved parties’ legitimate rights and interests and shall certify the application for defense counsels of the involved parties.

If the application is rejected, the Court shall send the applicant a written notification containing the explanation.

2. Rights and obligations of defense counsels of the involved parties' legitimate rights and interests in Vietnam

Rights and obligations of defense counsels of the involved parties' legitimate rights and interests in Vietnam according to Article 76 of the Civil Procedure Code 2015 are as follows:

- To participate in the procedures right at the time of lawsuit initiation or at any stage in the civil procedures.

- To collect and supply materials and evidences to courts; to study case files and to take notes, to copy necessary materials in the case files in order to defend the legitimate rights and interests of the involved parties, except for materials and evidences specified in clause 2 Article 109 of the Civil Procedure Code 2015.

- To participate in mediation, Court sessions or make their written defense of the legitimate rights and interests of the involved parties to Courts for consideration.

- To petition on behalf of the involved parties the replacement of proceeding officers and/or other procedure participants according to the provisions of the Civil Procedure Code 2015.

- To provide involved parties with legal aid related to the defense of their legitimate rights and interests; if they are authorized by the involved parties, they shall receive the papers and procedural documents that are transmitted or notified by the Court on behalf of the involved parties and shall give then to the involved parties.

- To comply with rights and obligations specified in clauses 1, 6, 16, 17, 18, 19 and 20 of Article 70 of the Civil Procedure Code 2015.

- To have other rights and obligations prescribed by law.

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