What is the time limit for an appeal since a civil judgment goes into effect? Is the appeal application required to be filed with the first-instance Court or the appellate Court?
Who have the right to appeal?
Pursuant to Article 271 of the Code of Civil Procedure 2015 of Vietnam on persons having the right to appeal:
“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.”
According to that, 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.
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What are the contents in the application for an appeal?
Pursuant to Clause 1 Article 272 of the Code of Civil Procedure 2015 of Vietnam on application for an appeal:
“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.
[…]”
According to that, an application for an appeal must have the following principal contents:
- Date on which the application is made;
- Name, address; phone number, fax number, e-mail address (if any) of the appellant;
- The section of judgment or decision of the first-instance Court which has not yet taken legal effect and is appealed;
- The reason(s) for appealing and the appellant's claims.
- Signature or fingerprint of the appellant.
Is the appeal application required to be filed with the first-instance Court or the appellate Court?
Pursuant to Article 272 of the Code of Civil Procedure 2015 of Vietnam:
“Article 272. Application for an appeal
[…]
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.
[…]”
Therefore, the appeal application must be filed with the first-instance Court which rendered the first-instance-judgment or decision being appealed against.
What is the time limit for an appeal since a civil judgment goes into effect?
Pursuant to Article 273 of the Code of Civil Procedure 2015 of Vietnam on time limit for an appeal:
“Article 273. 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.
2. The time limit for an appeal against the first-instance court's decision on to suspend or terminate the resolution of the case is 07 days counting from the day on which the involved parties and the agencies, organizations and individuals initiating lawsuits receive the decision or from the day on which the decision is posted up as prescribed in this Code.
3. For cases where the appeal applications are sent by post, time limit for an appeal shall be determined pursuant to the date written on the post seal of the sending post office. If the appellant is incurring a detainment, the date of appeal shall be the day on which the appeal application is certified by the prison officers.”
Thus, 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.
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