What is the time limit for filing an appeal against the first-instance administrative judgment in Vietnam? What is the form of appeal against the first-instance administrative judgment in Vietnam?
What is the time limit for filing an appeal against the first instance administrative judgment in Vietnam?
Pursuant to Article 206 of the 2015 Law on Administrative Procedures in Vietnam stipulating as follows:
- The time limit for filing an appeal against the first-instance court’s judgment is 15 days counting from the date of judgment pronouncement; for involved parties that are absent from the court hearing or when the judgment is pronounced for a plausible reason, the time limit for filing an appeal shall be counted from the date the judgment is handed over to them or publicly posted up.
For involved parties that have participated in the court hearing but are absent when the court pronounces the judgment without a plausible reason, the time limit for filing an appeal shall be counted from the date of judgment pronouncement.
- The time limit for filing an appeal against the first-instance court’s ruling on suspension or termination of the settlement of a case is 7 days counting from the date the person having the right to appeal receives such ruling or the date such ruling is publicly posted up at the head office of the commune-level People’s Committee of locality where he/she resides or is based in case the person having the right to appeal is an agency or organization.
- In case the appeal petition is sent by post, the appeal date is the date postmarked on the envelope by the sending post service provider. In case the appellant is detained or held in custody, the appeal date is the date of filing the appeal petition as certified by the competent person of the detention camp or custody house.
Thus, the time limit for filing an appeal against the first-instance court’s judgment is 15 days counting from the date of judgment pronouncement.
What is the time limit for filing an appeal against the first instance administrative judgment in Vietnam? What is the form of appeal against the first instance administrative judgment in Vietnam?
What is the form of appeal against the first instance administrative judgment in Vietnam?
The form of appeal against the first-instance administrative judgment is form No. 24-HC issued together with Resolution 02/2017/NQ-HDTP.
Download the form of appeal against the first-instance administrative judgment: here.
Instructions on how to write an appeal against the first-instance administrative judgment in Vietnam?
(1) Enter the name of the Court that conducted the first-instance trial of the case:
- If it is a district-level People's Court, it is necessary to specify which district People's Court belongs to which province or centrally run city (for example: People's Court of District Y, province of DN);
- If it is a provincial People's Court, it is necessary to specify which province (city) People's Court (for example, the People's Court of Hanoi).
The specific address of the Court is required (if the appeal is sent by postal service).
(2) If the appellant is an individual, enter the individual's full name; in case the appellant is the lawful representative of a minor, a person who has lost his/her civil act capacity, a person with restricted civil act capacity, or a person with difficulties in perception or behavior control, at the same time must clearly state the full name and address of the represented person;
If the appellant is an agency or organization, write the name of that agency or organization and the full name and position of the legal representative of that agency or organization (for example: Appellant: Corporation X is represented by Mr. Nguyen Van A, General Director).
(3) If the appellant is an individual, the full address of the place of residence (for example: Address: residing in village B, commune C, district H, province T);
If the appellant is an agency or organization, write the address of the head office of that agency or organization (for example: Address: located at 20 NP Street, District D, City H).
(4) Enter the status of the appellant to participate in the proceedings (for example, as the petitioner (the person being sued) in the lawsuit about the administrative violation handling decision; as the authorized representative of the appellant. the petitioner Tran Van Nam resides at house number 34, street X, district H, city Y as authorized on dated.../.../…; is the authorized representative of Import-Export Company A by Mr. Nguyen Van Nam - Representative General Director according to the power of attorney dated.../.../…).
(5) Specify the appeal against the first-instance judgment or decision or part of the first-instance judgment or decision that has not yet taken legal effect (for example, appeal the entire first-instance administrative judgment No. 01/ 2017/HC-ST dated March 15, 2017 of the People's Court of province H).
(6) Enter the specific reason for the appeal.
(7) Specify each issue that the appellant requests the appellate Court to settle.
(8) In case there are additional documents and evidences, the full names of additional documents and evidences must be enclosed with the appeal.
(9) If the appellant is an individual, the name or signature and full name of the appellant must be indicated; if it is an appealing agency or organization, the at-law representative of the appellant agency or organization shall sign it, clearly state his/her full name and position and affix the seal of that agency or organization.
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