Workshop on Legal Representation
Workshop on “Sharing international experiences on legal representation”
Mr Michael Siegner, Resident Representative of HSF Vietnam spoke at the workshop
HSF
Representation is vital in social and legal life, allowing individuals and entities to act on behalf of others, enabling civil transactions in their absence. It plays a key role in business, property management, and legal matters, ensuring rights and interests are protected. While Vietnam's Civil Code 2015 provides a solid legal framework, challenges remain, including ambiguous laws, inconsistent applications, and a lack of standardized forms for representation agreements. Disputes often arise, highlighting the need for clearer guidelines, standardized templates, and educational campaigns to enhance awareness of rights and duties. As a result, the workshop on legal representation is aimed to support governmental stakeholders and lawmakers in improving research and refinement of legal frameworks related to civil representation, marriage and family, as well as business and commerce.
Participants at the workshop had the opportunity to understand about key provisions of the Vietnamese Civil Code on representation, focusing on practical challenges encountered during implementation. Drawing from the perspective of a notary professional, the presentation highlights areas for improvement to enhance legal clarity and efficiency. Representation in civil law allows individuals or legal entities (representatives) to act on behalf of others in civil transactions. It is categorized into legal representation, prescribed by law, and authorized representation, based on mutual agreements. The 2015 Civil Code introduced notable advancements, including the recognition of legal entities as representatives, but practical implementation still faces significant challenges. Presentations by speakers from Hanoi Law University and the Notary Office highlighted different types of representation, including parent-child, spousal, and legal entities. Several practical challenges were identified, including unclear definitions of critical terms such as "joint business activities" and insufficient guidance for situations involving the absence or incapacity of legal representatives. These gaps complicate enforcement and can hinder the effective governance of representation. To address these challenges, the presentations recommended clearer regulations, consistent interpretations of ambiguous terms, and enhanced legal awareness among stakeholders. These steps would strengthen the implementation of representation provisions and support effective governance under Vietnamese civil law. As international expert at the workshop, Mr. Tsukahara Masanori, JICA legal expert provided a comparative perspective on representation under the Japanese Civil Code, emphasizing principles, conditions, and protections against abuse of authority. Key topics included the preservation of property, delegation of authority, and addressing unauthorized representation, along with the importance of transparency and continuity in commercial representation.
HSF Vietnam looks forward to continuing its collaboration with MOJ on this important topic under the Rule of Law Dialogue between Germany and Vietnam, fostering further improvements in the legal framework for representation.