Vietnam: What is the application form for an appeal in a civil case (Form 54-DS) in 2022? Who has the right to appeal?
Who has the right to appeal in a civil case in Vietnam?
Pursuant to Article 271 of the Code of Civil Procedure 2015 stipulates as follows:
“Article 271. Persons having the right to appeal
The involved parties or their representatives, agencies, organizations or individuals initiating lawsuits shall have the right to lodge their appeals against judgments or decisions of the first-instance Courts to suspend or terminate the resolution of lawsuits in order to request the appellate Courts to conduct re-trials according to the appellate procedures.”
Thus, the involved parties, their legal representatives, agencies, organizations and individuals initiating lawsuits have the right to appeal against the first-instance judgments of the Courts.
Vietnam: What is the application form for an appeal in a civil case (Form 54-DS) in 2022? Who has the right to appeal?
What are the contents of application form for an appeal in a civil case in Vietnam?
Pursuant to Article 272 of the Code of Civil Procedure 2015 stipulates as follows:
“Article 272. Application for an appeal
1. When exercising his/her right to appeal, the appellant shall formulate an application for appeal. An application for an appeal must have the following principal contents:
a) Date on which the application is made;
b) Name, address; phone number, fax number, e-mail address (if any) of the appellant;
c) The section of judgment or decision of the first-instance Court which has not yet taken legal effect and is appealed;
d) The reason(s) for appealing and the appellant's claims.
dd) Signature or fingerprint of the appellant.
2. Any appellant being individual who has fully civil procedure act capacity may formulate application for appeal himself/herself. Regarding the blanks for name and address of the appellant on the application form, full name, address, phone number, fax number, e-mail address (if any) of the appellant must be written. At the end of the application form, the appellant must append his/her signature or fingerprint.
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7. The appeal application must be filed with the first-instance Court which rendered the first-instance-judgment or decision being appealed against. Where the appeal application is filed with the appellate Court, the appellate Court must transfer the application to the first-instance Court for carrying out necessary procedures and sending the case file to the appellate Court as provided for in this Code.
8. The appeal application must be accompanied with additional materials and/or evidences (if any) to prove that their appeals are well-grounded and lawful.”
Accordingly, an appeal against the first-instance judgment or decision of the Court will have the following contents as prescribed above.
What is the latest application form for an appeal in a civil case in Vietnam?
Currently, when involved parties or their legal representatives in civil cases want to prepare an appeal, they must prepare an application form for an appeal (form No. 54-DS) issued together with Resolution 01/2017/NQ-HDTP as follows:
Download the application form for an appeal in a civil case in Vietnam: Here.
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