Is the person concerned eligible for consideration for overdue appeals in Vietnam?

Hello, Lawnet would like to answer as follows:

1. Regulations on time limit for an appeal in Vietnam

According to Article 273 of the Civil Procedure Code 2015, the time limit for an appeal is as follows:

- 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.

- 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.

- 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.

2. Is the person concerned eligible for consideration for overdue appeals in Vietnam?

According to Article 276 of the Civil Procedure Code 2015, regulations on overdue appeals and consideration for overdue appeals are as follows:

- Appeals that are not made within the time limit stipulated in Article 273 of this Code shall be the overdue appeals. After receiving overdue appeal applications, the first-instance Courts must forward the applications and the appellants' explanation of the reasons for late filing the appeals, materials and/or evidences (if any) to the appellate Courts.

- Within 10 days after receiving the overdue appeal applications and the accompanied materials and/or evidences, the Courts of appeal shall set up a Panel consisting of three Judges to consider the overdue appeals.

+ The meetings for considering overdue appeals must be under the presence of representatives of the procuracies of the same level and the overdue appeal applicants.

+ If the appellants and/or the procurators are absent, the meetings shall be still carried on by the Court.

+ Pursuant to materials and evidences related to the overdue appeals, opinions of the overdue appeal applicants and representatives of the procuracies at the meetings, the overdue-appeal-considering Panel shall issue decisions under the majority rule on the acceptance or refusal of the overdue appeals that contain explanation for such acceptance or refusal.

+ The appellate Courts must send their decisions to the overdue appeal applications, the first-instance Courts and the procuracies of the same level.

+ If the appellate Courts accept the overdue appeals, the first-instance Courts shall carry out procedures stipulated in this Code.

Thus, the litigant can appeal when the prescribed appeal period expires. However, overdue appeals will be considered by a panel of three judges: the court will open a meeting to consider the appeal with the participation of the litigants and representatives of the procurement; the council will decide by majority and clearly state the reasons why it accepts and does not accept the overdue appeal in the decision.

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