Vietnam: When do civil judgments take effect? What are the first-instance courts' judgments immediately enforced though they may be appealed against, complained, or recommended about?
When do first-instance courts' judgments in civil procedures in Vietnam take effect?
For first-instance courts' judgments in civil procedures, pursuant to Clause 2, Article 282 of the Civil Procedure Code 2015, there are the following provisions:
Effects of an appeal
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2. The first-instance courts' judgments/decisions or parts thereof which are not appealed against shall take legal effect from the day on which the appeal time limit expires.
Accordingly, the first-instance courts' judgments or parts thereof which are not appealed against shall take legal effect from the day on which the appeal time limit expires.
At the same time, pursuant to Clause 1, Article 273 of the Civil Procedure Code 2015 as follows:
Time limit for an appeal
1. The time limit for an appeal against the first-instance court's judgment is 15 days as from the date of judgment pronouncement; for the involved parties or representatives of agencies/organizations/individuals initiating lawsuits being absent from the Court sessions or absent when the Court pronounces the judgment with good and sufficient reason, the time limit for an appeal shall be counted from the date the judgment is handed to them or publicly posted up.
For cases where involved parties, representatives of agencies/organizations/individuals initiating lawsuits are present in Court sessions but absent when the Court pronounces the judgment without good and sufficient reason, time limit for an appeal shall be counted from the date of judgment pronouncement.
And Clause 1, Article 280 of the Civil Procedure Code 2015 stipulates:
Time limit for an appeal
1. The time limit for making an appeal against a first-instance court's judgment shall be 15 days for the procuracy of the same level and 1 month for the immediate superior procuracy, counting from the date of judgment pronouncement. In cases where the procurators do not attend the Court sessions, the appeal time limit shall be counted from the day on which the procuracy of the same level receives the judgment.
Thus, the time limit for an appeal against the first-instance court's judgment is 15 days as from the date of judgment pronouncement. The time limit for making an appeal against a first-instance court's judgment shall be 15 days for the procuracy of the same level and 1 month for the immediate superior procuracy, counting from the date of judgment pronouncement
Note: for the involved parties or representatives of agencies/organizations/individuals initiating lawsuits being absent from the Court sessions or absent when the Court pronounces the judgment with good and sufficient reason, the time limit for an appeal shall be counted from the date the judgment is handed to them or publicly posted up.
For cases where involved parties, representatives of agencies/organizations/individuals initiating lawsuits are present in Court sessions but absent when the Court pronounces the judgment without good and sufficient reason, the time limit for an appeal shall be counted from the date of judgment pronouncement.
Thus, depending on each case, the time limit for an appeal is different according to the above provisions.
At the end of the time limit for an appeal, if the first-instance court's judgment is not appealed according to the appellate procedure, it shall take effect immediately on the expiry date of the time limit for an appeal.
When do appellate judgments in civil procedures in Vietnam take effect?
Pursuant to Article 313 of the Civil Procedure Code 2015, there are the following provisions:
Appellate judgments
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6. The appellate judgments shall take effect from the date they are pronounced.
Accordingly, the appellate judgments in Vietnam shall take effect from the date they are pronounced.
What are the first-instance courts' judgments immediately enforced though they may be appealed against or complained/recommended about?
Pursuant to Article 482 of the Civil Procedure Code 2015, there are the following provisions:
To be-enforced judgments/decisions of courts
1. The to-be-enforced civil judgments/decisions of Courts are those that already took effect, including:
a) Judgments/decisions or parts of judgments/decisions of the first-instance courts, which are not appealed against according to the appellate procedures;
b) Judgments/decisions of appellate Courts;
c) Cassation/reopening decisions of courts; decisions of Councils of Judges of the Supreme People’s Court prescribed in Article 360 of this Code;
d) Civil judgments/decisions of foreign courts, foreign arbitral award, which have been recognized and permitted for enforcement in Vietnam.
2. The following judgments/decisions of first-instance Courts shall be immediately enforced though they may be appealed against or complained/recommended about:
a) Judgments/decisions on alimonies, remuneration, reinstatement of employees, wages, severance pays, compensation for loss of capacity for work, redundancy pays, social insurance, unemployment insurance, health insurance or compensations for loss of lives, health or mental damage suffered by citizens; decisions on lawfulness of labor strikes;
b) Decisions on application of provisional emergency measures.
Accordingly, the first-instance courts' judgments immediately enforced though they may be appealed against or complained/recommended about are judgments on alimonies, remuneration, reinstatement of employees, wages, severance pays, compensation for loss of capacity for work, redundancy pays, social insurance, unemployment insurance, health insurance or compensations for the loss of lives, health or mental damage suffered by citizens; decisions on the lawfulness of labor strikes
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