VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES L TRAN THI QUYNH CHAU REPRESENTATIVE OF LITIGANT IN CIVIL PROCEEDING IN VIET NAM Major: Economic Law Major code: 9.38.01.07 SUMMARY OF THE DOCTORAL DISSERTATION IN LAW HaNoi - 2019 The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr Duong Anh Son Reviewer 1: Prof Dr Hoang The Lien Reviewer 2: Assoc Prof Dr Bui Thi Huyen Reviewer 3: Assoc Prof Dr Nguyen Thi Que Anh The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library; Graduate Academy of Social Sciences Library INTRODUTION Rationale of the dissertation In recent years, representatives of the litigants in civil proceedings have gradually claimed their position and role in the proceedings, increasingly proved to be one of the indispensable components in Civil Procedure The proper determination of the role of the litigant's representatives in civil procedures is a necessary and important work The activities of the litigants' representatives in civil procedures impact not only the activities of the participants in procedures but also the activities of proceeding authorities, contributing to the promotion of social democracy and progress, perfecting and defending socialist legislation The representative of the litigant is a person involving in civil procedures and acting on behalf of the involved party to implement his/her procedural rights and obligations to protect his/her rights and interests Participation in the proceedings of the litigant's representative in civil proceedures play a significant role in resolving civil cases, especially cases in which the involved parties cannot implement their rights and obligations themselves According to the provisions of the Civil Procedure Code (CPC), there are types of representatives of the involved parties: the representatives at law, the proxy representatives and representatives appointed by the Court The participation in civil procedure of the litigant's representative is important to protect the lawful rights and interests of the litigant as well as finding the truth in civil cases Recent years’ reality shows that it is very necessary to prescribe a "representative" in procedures, in order to ensure that the oral argument takes place in accordance with the law to properly protect the lawful rights and interests of the involved parties However, over the past time, the provisions on "representative" in procedures are not only not specific enough but also lack of uniformity, affecting procedural activities of many proceeding authorities, leading to unguaranteed lawful rights and interests of the litigants Provisions on representative of the involved parties in civil procedures were first introduced in Ordinance No 27-LCT/HDNN8 on Procedures for resolving civil cases issued by the State Council on December 7th, 1989 and continued to be prescribed in the Civil Procedure Code 2004 Most recently, the regulations on representative of litigants are stipulated in the Civil Procedure Code 2015 However, practice shows that the provisions of the law have revealed some inadequacies as many regulations are not clear or appropriate while there are som necessary issues not yet codified In addition, there are still a lot of difficulties in applying provisions of law in real life Stemming from the role of the litigant's representative, the reality of the law and the practice of applying the law, it is essential to study the litigant’s representative in civil proceedures On the other hand, the provisions of the law as well as research on representatives in civil procedures are still incomplete, and it is necessary to conduct a study which is more fulfilling Comprehensive study and assessment of the provisions of the law related to the representative of the litigants in civil procedures, practical assessment of the application of law in civil proceedings, from which to propose solutions to improve the law and improve the effectiveness of the above-mentioned issues, improve the efficiency of legal proceedings in the Court, better protect the rights and interests of the parties to the dispute For the abovementioned reasons, the author decide to choose the topic: "Representative of litigant in Vietnam civil procedures at present" in order to partially contribute to solving the above issues Purpose and duty of the thesis 2.1 Purpose The dissertation's purpose is to contribute to supplementing and completing the legal and scientific theoretical system on representative of the involved parties in civil procedures; assess the provisions of current law and law application practice; henceforth, propose specific solutions to contribute to enhancing the law governing the representative of the litigant - an integral part of civil procedure 2.2 Duty To achieve the above-mentioned objectives, the thesis's duty is specified as follows: - Getting an overview of the research carried out on the topic before to clarify the points to be inherited and the ones that need to be further studied in the thesis; clarify the theoretical basis of the thesis’s topic; - Studying, analyzing and clarifying legal and theoretical issues on the representative of the involved parties in civil procedures; - Analyzing and assessing the current situation of Vietnamese law and law application practice on representative of the involved parties in civil procedures; indicate the limits and inadequacies in practice of law and in the reality of solving civil cases relating to the involved parties' representatives participating in civil procedures; - On the basis of theoretical and practical research, the thesis proposes orientations and some solutions to improve the law as well as improve the efficiency of law application on representative in civil procedures in Vietnam nowadays Subject and scope of the thesis 3.1 Subject of the thesis - Researching basic theoretical issues about the litigant's representative in civil procedures: concept, classification, bases for establishing representative relations, requirements to become a representative, term of representation, scope of representation, contents of the representative relationship, grounds for termination of the representative relationship and legal consequences of such termination - Studying the law of some countries in the world on representation of the involved parties in civil procedures - Studying the provisions of Vietnamese law on representation of the involved parties in civil procedures - Studying practice of applying current law provisions on representation of the involved parties in civil procedures at courts over the years 3.2 Scope of the thesis Content: The research scope of the thesis is theoretical and practical issues of the litigant's representative in civil procedures in accordance with the civil procedure law Space: The thesis focuses on studying Vietnamese legal system of the litigant's representative in civil procedures, as well as the practice of applying law on represetation of the litigant in civil proceedings at People's Courts in Vietnam The study of legal experience of countries on representation in civil proceedings through secondary sources is only to clarify the legal theoretical model on this matter Period: The thesis focuses on researching issues related to representation of the litigants in civil procedures according to the Civil Procedure Code 2015 However, the part of the thesis about law applying practice does mention cases that happened earlier The methodology and research methods of the thesis The thesis is conducted based on the philosophy of Marxism and Leninism, directly use the combination of theory and practice, general analysis, specific history and specialized research methods such as: methods of normative analysis, practical survey methods, comparative statistics, meta analysis, case studies New scientific contributions of the thesis The thesis conducts a comprehensive and systematic study on litigant's representation in civil procedures; basic contents of the law on representation; analyes the practice of law and law application on representation in civil procedures; Hence, it proposes solutions to improve the law and improve the effectiveness of applying law on representation in civil procedures Theoretically, the thesis explains matters relating to representation in civil procedures; analyzes and gives a definition of a representative; clarifies the basic purpose of representation The thesis explains theoretical aspects of representation in civil procedures such as: content of representation relations, bases for establishing representation relations, legal consequences of establishing and termination of representation, term and scope of representation The thesis also shows some regulations on legal representation in a number of countries, thereby drawing lessons for Vietnam The thesis has analyzed and objectively evaluated the current reality of law and practical application of law on representation in civil procedures in Vietnam; clarified the inadequacies, overlaps and limitations of the legal provisions on representation in protecting the interests of involved parties in civil procedures Key contents of provisions of Vietnam law on rights and obligations of representatives, the bases as well as the legal consequences of establishing and terminating representative relations have also been systematized, analyzed, explained and clarified Based on the theoretical and practical issues that have been clarified, the thesis proposes synchronous and scientific legal suggestions and solutions to overcome the limitations and complete the provisions of law on representation in civil procedures of Vietnam today Theoretical and practical meanings of the thesis The conclusions, proposals and recommendations given by the thesis are based on scientific and practical basis Therefore, they can be refered to in amending and supplementing civil procedure law At the same time, the findings of the thesis are also useful for reference in studying, researching and teaching about law on representation of the litigant in civil procedures at institutions either specialized in law training or not The structure of the thesis In addition to the introduction, conclusion and references, the thesis consists of four chapters: Chapter 1: Literature review Chapter 2: Theoretical issues about litigant's representation in civil procedures Chapter 3: Reality of law on litigant's representation in civil procedures and law application Chapter 4: Recommendations and solutions to improve the law on representation of litigant in civil proceedings CHAPTER LITERATURE REVIEW 1.1 Literature review 1.1.1 Research on theoretical and practical issues of law on representation 1.1.2 Research on theoretical and practical issues of law on rights and obligations of representatives in civil procedures 1.1.3 Research on reality of law and law application on representatives of the litigants in civil procedures 1.1.4 Proposals to improve the law on litigant's representatives in civil procedures of published research 1.2 Value and shortcomings of related research 1.2.1 The issues related to the thesis which have been solved Published research results on litigant's representatives have clearly indicated concepts, bases for establishment, rights and obligations, grounds for termination of representation and legal consequences of such termination Studies have pointed out the differences between the content represented in the law in Vietnam and the laws of other countries in the world The above works have analyzed and assessed the current practice of the provisions on representatives of the involved parties in civil procedures prescribed in Vietnamese law and proposed some solutions to enhance the role of these people Some articles published in journals have also mentioned the experience of some countries for reference in the process of completing Vietnamese law 1.2.2 Points that the thesis will inherit and continue to study further The author recognizes the results that the researches related to the topic have achieved, hence, the thesis will continue to research in order to inherit and develop the content of the litigant's representative in civil proceedings 1.2.3 The issues that the thesis will continue to research However, the above studies have left a number of issues unexlained and this thesis will conduct a more comprehensive study of such issues as follows: Firstly, the thesis will further clarify the concept relating to the representative of litigant in civil procedures, characteristics of representative relations, classifications of representative of the litigants in civil proceedings, state the differences between representatives of the involved parties in civil procedures and in other branches of law Secondly, the thesis will research the matter of adjusting the law on litigant's representative in civil procedures and provide overall assessment on litigant's representation in civil procedures through versions of law Thirdly, the thesis will analyze and assess Vietnamese law’s provisions on representatives of litigants in civil procedures, point out the inadequacies, inconsistences or overlaps in Vietnamese law in comparisons with the law of some countries in the world Fourthly, the thesis will propose more solutions to improve the effectiveness of law enforcement on representation of the involved parties in civil procedures 1.3 Theoretical basis 1.3.1 The theories studied *The theory of representatives: Jensen and Meckling (1976) in "The theory of companies: management behavior, agent costs and ownership structure" introduced their views on representative theory This theory may also apply to the study of litigants' representatives in civil proceedings The reason is that, in civil procedures, in order to protect their legitimate rights and interests, litigants often perform their rights and obligations by themselves However, in some cases, other persons may participate in the proceedings and exercise the rights and obligations of the litigants in order to protect their legal Chapter THEORETICAL ISSUES ABOUT LITIGANT'S REPRESENTATION IN CIVIL PROCEDURES 2.1 Overview of theory about the litigant's representative in civil procedures 2.1.1 The concept of litigants in civil proceedings and the concept of representation 2.1.1.1 Concept of litigants in civil procedures The litigants in civil proceedings are individuals, legal entities or other entities with interests in dispute or need to be identified participating in the process of resolving civil cases to protect their legitimate rights and interests 2.1.1.2 The concept of representation Representation is the establishment, implementation of a legal act by a person, agency or organization within the scope of its representation competence A representative is a person who, on behalf of and for the benefit of another person, enters into and performs transactions within the scope of representation authorized 2.1.2 The concept of the representative of the involved party in civil proceedings The representative of litigant in civil proceedings is the person who takes part in civil procedures on behalf of him/ her, and exercises rights and obligations to protect his/her lawful rights and interests in civil procedures 2.1.3 Characteristics of the litigant's representatives in civil procedures - Representative is an organization or individual with full civil procedure legal capacity - Representatives participating in the procedural relations on the basis of their representation and exercising rights and obligations on behalf of the litigants 11 - The rights and obligations of the representative depend on the rights and obligations of the involved parties and the nature of the representative relationship 2.1.4 Classification of involved parties' representatives in civil procedures Based on the will of the subject, representatives are divided into two categories: - Proxy representative; - Legal representative 2.1.5 Roles of representatives of litigants in civil procedures First, the representative acting on the litigant’s behalf exercises the rights and obligations which the litigant should have performed by himself, thereby protecting the involved parties' legitimate rights and interests Second, the representative helps the proceeding authorities connect with the litigants in a convenient, effective way to find the truth in civil cases 2.2 Generalizing legal arguments about litigants' representatives in civil procedures 2.2.1 Concepts and legal characteristics of the involved parties' representatives in civil procedures Firstly, the development of legal provisions on litigants 'representatives in civil procedures is conducted on the basis of the principle of the parties' right to self-determination Secondly, the development of legal provisions on litigants' representatives in civil proceedings is conducted on the basis of ensuring the right to participate in the litigation in the Court to protect the rights and interests of the litigants Thirdly, the development of legal provisions on the litigant's representation in civil procedures is conducted on the basis of ensuring the connection between the Civil Code and the Civil Procedure Code in stipulating about representation 12 Fourthly, the development of legal provisions on the litigant's representation in civil proceedings comes from the requirements of procedural practice in Courts 2.2.2 Basic contents of law on the representatives of the involved parties in civil procedures First, the provisions on requirements to become litigant's representatives in civil procedures Second, the provisions on the basis for establishing representation Establishment of authorized representatives means the involved parties and their representatives enter into authorization transactions; Establishment of legal representative is the case in which it is obliged to have a representative of the involved party and the representative is prescribed in law Third, the provisions on the term of representation and scope of representation Fourth, the provisions on the rights and obligations of the person representing the litigants in civil procedures Fifth, the provisions on termination of representation in civil procedures Conclusion of chapter 13 Chapter REALITY OF LAW ON LITIGANT'S REPRESENTATION IN CIVIL PROCEDURES AND LAW APPLICATION INVIET NAM TODAY 3.1 Reality of legal provisions on representative of the litigant in civil proceedings in Vietnam today 3.1.1 Conditions to become a representative of the litigant First, identify the representative of the litigant in civil proceedings Article 85 of the CPC 2015 regulates: “The representative in civil procedures includes the legal representative and authorized representative” and refers to the provisions of the Civil Code: “The representative may be an individual, legal entity according to the Civil Code”; "The legal representative as prescribed in the Civil Code is the legal representative in civil procedures, except for the case where the legal representative right is restricted" and "The authorized representative under provisions of the Civil Code are authorized representatives in civil procedures” Second, the subjective capacity of the person representing the litigant The 2015 CPC does not specify conditions on the subject capacity of the representative but referred to the 2015 Civil Code Clause 3, Article 134 of the 2015 Civil Code is prescribed as follows: “The representative, if required by law, must have legal personality and/or legal capacity in accordance with the transactions that he/she enters into and performs” For representatives being legal entities, they must have civil procedure legal personality and capacity Third, people who are not allowed to be representatives 3.1.2 Basis for establishment of representation of the involved parties in civil procedures 14 First, legal representatives of natural persons: - The father and/or mother with respect to a minor (under 18) This is regulated by clause Article 136 Civil Code 2015 and Article 69 CPC 2015 - The guardian with respect to a ward, in which the ward is a minor who has no father or mother or has no father or mother identified; minors having fathers or mothers but lost their legal capacity; fathers and mothers have difficulties in cognition and behavior control; both parents have limited legal capacity - The guardian of a person with limited cognition and behavior control is a legal representative if appointed by a court - The person appointed by a court with respect to a person with limited legal capacity - The person appointed by a court in case where it is not able to determine the representative to be the father or the other regarding minor Second, legal representatives of juridical persons For non-commercial legal entities, the person who is competent to be the representative is prescribed by law A competent authority decide to appoint the head of a legal entity to be the legal representative of the legal entity Third, the authorized representative of litigant in civil proceedings Fourth, appointing representatives in civil procedures 3.1.3 Term of representation and scope of representation in civil procedures Firstly, regarding the term of representation: the CPC 2015 does not state a time limit for representation, therfore, according to the general principle, the term of representation in civil procedures is in accordance with the provisions of the Civil Code However, it can 15 also be understood that the litigant's legal representative must perform all of the involved parties' procedural rights and obligations until the civil cases are solved Secondly, regarding the scope of representation: The scope of representation is determined according to the reference from Article 85 of the CPC 2015 to Article 141 of the Civil Code 2015 3.1.4 Rights and obligations of representatives Firstly, the rights and obligations of the legal representative in civil procedures The legal representative in civil procedures shall exercise his/her civil procedural rights and obligations within the scope of his/her representation (Article 86 of the CPC 2015) Second, the rights and obligations of the authorized representative in civil procedures: In this case, the representative of the involved party takes part in the proceedings to protect the rights of the litigant who is legally capabled The litigants themselves can also exercise their procedural rights and obligations Therefore, the litigant's authorized representative shall only perform his/her procedural rights and obligations within the scope of authorization Clause 2, Article 86 of the CPC 2015 states: “The authorized representative in civil procedures shall exercise his/her civil procedural rights and obligations according to the contents of the authorization document” 3.1.5 Termination of representation in civil procedures Firstly, the provisions on termination of representation: the CPC 2015 did not specifically stipulate the termination of the status of the representative, but referred to the provisions of the Civil Code: “The representatives at law, the proxy representatives in civil procedures shall terminate their representation according to the provisions of the Civil Code" According to the provisions of Clauses and 4, Article 140 of the Civil Code 2015, the termination of 16 representation is considered in two cases, corresponding to two forms of representation: termination of legal representation and termination of authorized representation Secondly, about the legal consequences of the termination of representation: In cases where the proxy representation terminates, the involved parties or their heirs shall participate in civil procedures in person or authorize other persons to participate in the procedures according to the procedures prescribed by CPC 3.2 Law on representative of the involved parties in civil procedures applying practice 3.2.1 The implementation of the provisions on conditions to become a representative Shortcoming in authorizing in divorce cases: Clause 4, Article 85 of the CPC 2015 provides that in divorce cases, parties cannot authorize other people to participate in the proceedings on their behalf 3.2.2 The implementation of regulations on the establishment of representation First, determining the representative in case a branch or representative office of the enterprise participates in the proceedings Second, determining the representative in case the private enterprise’s owner participates in the proceedings Third, determining the representative in the event that the partriarch participates in the proceedings regarding the family’s assets Fourth, determining the representative in the case of households Fifth, authorization to different people makes it difficult for the Court to resolve the case 17 3.2.3 The implementation of the provisions on the term and scope of representation Firstly, regarding term of representation Secondly, the unclear content, scope of authorization make it difficult for the Court to solve cases Thirdly, the representative exceeds the scope of authorization and handling the consequences of exceeding the scope of authorization 3.2.4 The implementation of regulations on rights and obligations of representatives 3.2.5 The implementation of the provisions on termination of representation 3.2.6 A few comments, reviews on limitations, inadequacies and their causes Conclusion of chapter 18 Chapter RECOMMENDATIONS AND SOLUTIONS TO IMPROVE THE LAW ON REPRESENTATION OF LITIGANT IN CIVIL PROCEEDINGS 4.1 Proposes to improve the law on the representatives of the involved parties in civil procedures in Vietnam 4.1.1 Completing the law on representatives of the involved parties in civil procedures is to ensure human rights and civil rights in civil procedures Completing legal provisions on litigants' representatives in civil procedures is to ensure the right to justice and the right that citizen’s legitimate rights and interests are protected In a new perspective in a lawful society, the right to get access to justice is the right to access judicial institutions so that citizens can protect their rights, the basis of which is the framework of citizen's rights and obligations and the framework of institutions that enable everyone to exercise or receive assistance in order to obtain the compensation and remedy of the injustices and damages they have suffered 4.1.2 Completing the law on the representatives of the involved parties in civil procedures must aim at ensuring and respecting the parties' right to self-determination In civil proceedings, the principle of self-determination is expressed by the ability to participate in the proceedings, the freedom to determine one's civil rights and the rights of legal proceedings to protect legitimate rights and interests that are infringed upon The involved parties have the right to decide to file a lawsuit, the content of the petition In the course of the Court resolving a civil case, the involved parties have the right to terminate, change their requests or agree with each other voluntarily, not in contravention of law and social morality, and the right to participate in mediation, bargaining, the right to provide evidence, the right to debate, the right to appeal etc 19 4.1.3 Improving the law on the litigants' representatives in civil procedures must aim to ensure the right to oral argument in the Court to protect the rights and interests of the litigants The principle of assurance of oral argument in adjudication is provided in Article 24 of the CPC 2015 This principle is the concretization of Clause 5, Article 103 of the Constitution 2013"The principle of litigation in trials is guaranteed" Therefore, perfecting the law on the representative of the litigants in civil procedures must institutionalize guidelines and policies of the Party on judicial reform, determine the requirements for renewing the trial, define more clearly the positions, entitlements and responsibilities of proceeding officers and participants; promote and consider improving the quality of litigation at the trial as a breakthrough in the trial activities; make it easier for the litigants to actively collect evidence, protect their legitimate rights and interests 4.1.4 Completing the law on representatives of the involved parties in civil procedures shall be conducted on the basis of ensuring the connection between the Civil Code and the Civil Procedure Code The requirement to complete the legal provisions on the litigant's representation in civil procedures must ensure the role of creating an effective legal mechanism to promote legal stability; recognize, respect, protect and ensure the rights and interests of parties participating in civil procedures Law on representative of litigant must meet the requirements of stability, systematic, transparency, rationality, feasibility 4.1.5 Completing the law on representatives of the involved parties in civil procedures must ensure the element of inheritance and respond to the requirements of procedural practice Completing the law on the litigant's representative in civil procedures must also ensure the inheritance and development of regulations which are still in accordance with the practice of civil procedure law as well as cultural values and ethics of Vietnam; with 20 reference to experience in developing laws on litigants' representatives in civil procedures of developed countries in the world, especially those with similar socio-economic conditions to Vietnam 4.2 Solutions to improve the law on the litigants' representatives in civil procedures in Vietnam 4.2.1 Solutions to perfect legal regulations on the representatives of the involved parties in civil procedures Firstly, amending and supplementing regulations on conditions to become a representative Secondly, amending and supplementing regulations on the form of authorized representatives Thirdly, amending and supplementing regulations on the scope of authorized representation Fourthly, amending and supplementing regulations on reauthorization Fifthly, amending and supplementing regulations on termination of authorized representatation Sixthly, issuing legal documents guiding the implementation of a number of CPC's provisions on representatives of the involved parties 4.2.2 Solutions to improve the effectiveness of the implementation of the law on the representatives of the involved parties in civil procedures Firstly, improving the quality and efficiency of applying civil procedure law of court officials Secondly, strengthening the propagation and dissemination of laws to raise people's awareness about litigants' representatives in civil procedures 21 CONCLUSION In recent years, along with the socio-economic development, the number of civil disputes has increased in number and complexity Along with that, the participation of the representative of the litigants in the process of resolving civil cases is also increasing Therefore, the study of the litigant's representative issues in civil procedures has profound implications both in theory and practice After a thorough research on this topic, the author allows to draw some conclusions as follows: Representatives of litigants in civil procedures are those who represent and participate in civil procedures, and exercise procedural rights and obligations to protect the parties’ lawful rights and interests in proceedings The representative of the litigant is divided into two types: legal representatives and authorized representatives corresponding to two bases for establishing representation The representation of the litigants in civil procedures may be terminated on the basis of wills, acts and agreements of the parties or under the cases prescribed by law When the representative relationship terminates, the representative will lose his/her eligibility to participate in the proceedings, the parties may participate in the proceedings themselves, exercise their procedural rights or obligations, or continue to ask another person to represent them in the proceedings Practice in Vietnam in recent years, besides the achieved results, still shows limitations and shortcomings Regarding the provisions of the law, the biggest probem that need to be addressed is the vague of the regulations They are general and not provide the related order and procedures In addition, there are many practical limitations not due to the provisions of law but due to reasons from the representatives, litigants or the Court, such as: Wrong in determining the status of the litigants' representative; in case of ineligibility but the Court still recognizes as the representative of the involved party; the involved parties authorize many people to 22 participate in the proceedings; The agreement of the parties in the authorization relationship is unclear about the content and scope of authorization, which confuses the Court in resolving cases On the basis of clarifying the theoretical model of the litigant's representative in civil procedures, assessing the reality of law and practice of implementing the law on representation in civil procedures in In Vietnam, the author has shown specific directions such as: Completing the law on the representatives of the involved parties in civil procedures must ensure human rights and civil rights in civil procedures, ensure and respecte the litigants' right to selfdetermination; aim to ensure the right to litigation in the Court to protect the rights and interests of the litigants; ensure the relationship between the Civil Code and the Civil Procedure Code; ensure inheritance and meeting the requirements of procedural practice In addition to perfecting the law, the author has also introduced solutions to improve the efficiency of law enforcement on representatives, including: improving the quality and effectiveness of court officials' legal proceedings; enhancing the propagation and dissemination of laws, thereby raising people's awareness of the position and role of litigants' representatives in civil procedures./ 23 CONCLUSION From different perspectives, opinions, the thesis has synthesized and analyzed the most basic theoretical and legal issues on representation in general and representatives in particular, especially based on the provisions of Vietnamese Civil Code and CPC over time The Civil Code 2015and Civil Procedure Code 2015 marked a major step forward in the provisions of civil law and civil procedure, including provisions on the representative of litigant In general, these two laws have nearly overcome the existing shortcomings in the previous documents, especially the addition of new points of term of representation, representative for legal entities and organizations as representatives However, during the implementation process in practice, the current provisions on representatives still reveal certain shortcomings and limitations These are the issues in determining the representative status of some special subjects, determining the right to write and sign a petition, representing in a divorce case, Given the current legal situation and the practice of applying the law as analyzed, in order to meet the needs and demands of political, economic, cultural and social life, specific solutions are needed We need to continue to complete the current civil law and civil procedural law’s provisions on representation In addition, it is necessary to constantly improve the professional qualifications, ethics and ethical qualities of the Court's staff This must be done in parallel with promoting law propagation and dissemination to raise the legal awareness for the people This also aims to improve the quality of representatives Once eliminated the causes that limit the effectiveness of law enforcement, surely the application of the law on representation will be much easier to protect the rights and interests of parties and also contribute to the protection of justice and socialist legislation 24 LIST OF PUBLISHED RESEARCH OF THE AUTHOR Một số vướng mắc, tồn thực tiễn thực quy định người đại diện theo ủy quyền đương tố tụng dân Việt Nam hành, Tạp chí Cơng thương, số tháng 10 năm 2018 Đại diện vượt phạm vi ủy quyền hậu pháp lý theo pháp luật dân sự, Tap chí Dân chủ Pháp luật, số tháng 11 (320) năm 2018 25 ... effectiveness of the above-mentioned issues, improve the efficiency of legal proceedings in the Court, better protect the rights and interests of the parties to the dispute For the abovementioned reasons,... Duty To achieve the above-mentioned objectives, the thesis's duty is specified as follows: - Getting an overview of the research carried out on the topic before to clarify the points to be inherited... proceedings through secondary sources is only to clarify the legal theoretical model on this matter Period: The thesis focuses on researching issues related to representation of the litigants