Vietnam: What is the latest application form for review under the civil cassation procedures?

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• What is the latest application form for review under the civil cassation procedures in Vietnam?
• In what cases must a civil case be reviewed under the civil cassation procedure in Vietnam?
• Which agency has the authority of the Director to examine judgments and decisions of the Court that have the force of law to be appealed in Vietnam?

What is the latest application form for review under the civil cassation procedures in Vietnam?

The application form for consideration according to the civil cassation procedure is the form No. 82-DS issued together with Resolution 01/2017/NQ-HDTP. Below is a picture of the Civil Case Judge's Procedural Review Petition:

Download the Application Form for review under the latest civil cassation procedures: Here.

Vietnam: What is the latest application form for review under the civil cassation procedures?

In what cases must a civil case be reviewed under the civil cassation procedure in Vietnam?

Pursuant to Clause 2, Article 6 of the Law on Organization of People's Courts in Vietnam 2014 provides as follows:

Article 6. Guarantee of the first-instance and appellate trial system

1. The first-instance and appellate trial system shall be guaranteed.

First-instance judgments and decisions of courts may be appealed or protested against in accordance with the procedural law. First-instance judgments and decisions that are not appealed or protested against within the time limit prescribed by law shall take legal effect.

Cases in which first-instance judgments or decisions are appealed or protested against shall be brought to appellate trial. Appellate judgments and decisions of courts shall take legal effect.

2. In case a violation of law is detected in a legally effective judgment or decision of a court or a new circumstance arises as prescribed by the procedural law, such judgment or decision shall be re-considered according to cassation or reopening procedures.

Thus, according to the above provisions, it is necessary to reconsider civil cases according to the procedure of the chief judge when the judgment or decision of the Court has taken legal effect and finds that there are violations of the law or new circumstances according to the provisions of the Code of Civil Procedure 2015.

Which agency has the authority of the Director to examine judgments and decisions of the Court that have the force of law to be appealed in Vietnam?

Pursuant to Point a, Clause 2, Article 22 of the Law on Organization of People's Courts in Vietnam 2014 provides as follows:

Article 22. Judicial Council of the Supreme People's Court in Vietnam

1. The number of members of the Judicial Council of the Supreme People's Court in Vietnam must be between thirteen and seventeen, including the Chief Justice, Deputy Chief Justices being judges of the Supreme People's Court in Vietnam and other judges of the Supreme People's Court in Vietnam.

2. The Judicial Council of the Supreme People's Court in Vietnam has the following duties and powers:

a/ To review according to cassation or reopening procedure in accordance with the procedural law judgments and decisions of courts which have taken legal effect and are protested against;

b/ To issue resolutions to guide courts in uniformly applying law;

c/ To select its cassation trial decisions and judgments and decisions of courts which have taken legal effect and are of standard nature, summarize and develop them into court precedents and publicize court precedents for courts to study and apply in trial;

d/ To discuss and give its opinions on reports of the Chief Justice of the Supreme People's Court in Vietnam on people’s courts’ work for submission to the National Assembly, National Assembly Standing Committee and President;

dd/ To give its opinions on draft laws and resolutions for submission to the National Assembly, and draft ordinances and resolutions for submission to the National Assembly Standing Committee;

e/ To discuss and give its opinions on draft legal documents in Vietnam falling under the promulgating competence of the Chief Justice of the Supreme People's Court in Vietnam and draft legal documents in Vietnam to be jointly promulgated by the Supreme People's Court in Vietnam and related agencies in accordance with the Law on Promulgation of Legal Documents in Vietnam.

3. A meeting of the Judicial Council of the Supreme People's Court in Vietnam shall be attended by at least two-thirds of its total members. Decisions of the Judicial Council of the Supreme People's Court in Vietnam shall be voted for by more than half of its total members.

The Procurator General of the Supreme People’s Procuracy and the Minister of Justice shall attend meetings of the Judicial Council of the Supreme People's Court in Vietnam where resolutions of the Judicial Council of the Supreme People's Court in Vietnam are discussed and adopted.

4. Cassation or reopening trial decisions of the Judicial Council of the Supreme People's Court in Vietnam are the highest and cannot be protested against.

Thus, according to the above provisions, the Council of Judges of the Supreme People's Court in Vietnam has the authority to judge judgments and decisions of the Court that have the force of law to be appealed.