When a dispute goes to court, many people ask: can I have a lawyer go to court on my behalf and handle all procedural steps for me? The answer is YES — Vietnamese law recognizes lawyers participating in proceedings in two different capacities, each with a different scope of powers and different authorization procedures. Divorce cases carry one important exception.
1. Capacity 1: Authorized Representative of the Litigant
Under Article 75.2(a) of the 2015 Civil Procedure Code, a litigant may authorize a representative in writing to participate in proceedings. A lawyer can serve in this role — Articles 22.1, 22.2 and 27 of the Lawyers Law recognize lawyers participating in proceedings as authorized representatives.
- The lawyer acts in the name of the litigant, within the scope stated in the authorization document;
- The litigant’s procedural rights under Article 70 of the Civil Procedure Code are exercised by the lawyer only within the scope of the authorization (Article 85);
- The authorization document must state the scope clearly: signing petitions, submitting evidence, attending mediation and hearings, or only selected tasks.
Practical note: a vague authorization such as “authorized to handle everything” may prompt the court to ask for clarification of each group of rights. List the powers specifically — especially key rights like withdrawing the lawsuit, amending claims, settling/mediating, and appealing — because these are exercisable only when expressly authorized (Article 85).
2. Capacity 2: Defender of the Litigant’s Lawful Rights and Interests
In addition, a lawyer may participate as a defender of the litigant’s lawful rights and interests — a lawyer-specific capacity under the Lawyers Law (Article 22), recognized by Articles 75 and 76 of the Civil Procedure Code.
- The defender does not act in the litigant’s name but independently defends the litigant’s lawful rights and interests before the court;
- The litigant remains present and exercises their own procedural rights in parallel;
- Simpler procedure: the lawyer registers with the court (lawyer card, registration form) with no mandatory power of attorney in the same sense as the representative capacity.
In practice, litigants often combine both: the lawyer acts as rights defender (arguing directly) while also being authorized to handle filings and receive court documents, so the litigant does not need to attend court repeatedly.
3. Important Exception: Divorce Cases
Article 85.4 of the Civil Procedure Code provides: in divorce cases, a litigant may not authorize another person to participate in proceedings on their behalf. This is the only absolute exception in civil disputes.
- A spouse cannot have a lawyer attend court entirely in their place in a divorce case;
- A lawyer may still participate as a defender of one party’s lawful rights and interests — but that party must still attend the hearing (unless the court permits absence under the general rules);
- Mediation and agreements on divorce, child custody and asset division still require the litigant’s direct expression of will.
4. Criminal Cases: Suspects and Defendants May Retain Defense Counsel
Under Articles 72.1–72.2 of the 2015 Criminal Procedure Code, a suspect or defendant has the right to self-defense or to retain a lawyer for defense. Defense counsel registers with the procedural authority and participates from the investigation stage through prosecution and trial.
5. Procedure for Retaining a Lawyer: What Is Needed?
- Legal services contract with a law-practicing organization (Article 27 of the Lawyers Law) — defining scope, fees and responsibilities;
- Authorization document (power of attorney or authorization contract) if the lawyer acts as authorized representative — stating the scope per Article 85;
- Registration as rights defender filed with the court if the lawyer acts as defender of lawful rights and interests.
Frequently Asked Questions
Can an individual have a lawyer go to court on their behalf?
Yes, in two capacities: authorized representative (Art. 75.2(a) Civil Procedure Code) or defender of lawful rights and interests (Art. 22 Lawyers Law, Arts. 75–76 Civil Procedure Code).
Can a lawyer be authorized to attend court in place of a party in a divorce case?
No. Article 85.4 prohibits authorizing another person to participate in proceedings on one’s behalf in divorce cases. The lawyer may only act as rights defender.
Can a representative lawyer withdraw the lawsuit for the litigant?
Only if the authorization document expressly grants that power. Key rights (withdrawal, claim amendment, settlement, appeal) require specific authorization.
Can a suspect or defendant retain a lawyer in a criminal case?
Yes. Article 72 of the Criminal Procedure Code: suspects and defendants may defend themselves or retain defense counsel from the investigation stage.
Legal Basis
- Lawyers Law (amended 2012): Article 22 (participation in proceedings), Article 27 (legal services contracts).
- 2015 Civil Procedure Code: Article 75 (participants in proceedings), Article 85 (scope of representation; 85.4 — divorce exception).
- 2015 Criminal Procedure Code: Article 72 (defense counsel).
Need a lawyer to join your civil, commercial or criminal case from the early stages? Contact FLAT Law Firm via the Contact page.
The information above is for reference only and does not constitute legal advice.
Transparency note: This article was drafted by FLAT Law Firm’s AI content production system and reviewed by the internal review board (AI Legal Council QA). It has not been reviewed by a human lawyer.
