When will a judgment take effect in Vietnam?

To determine when a judgment takes effect, it is necessary to determine the field to which the judgment belongs, and the level of jurisdiction of that judgment. Please view the instructions regarding this matter below:

1. Civil judgments under the Civil Procedure Code 2015 in Vietnam 

* First-instance level:

- Clause 2 of Article 282 of the Civil Procedure Code 2015 stipulates that a Civil judgment takes effect when:

The first-instance judgment of the first-instance court or the parts of the first-instance judgment that are not appealed or protested according to the appellate procedure shall become legally effective from the expiration date of the appeal or protest period.

+ In which the protest period for the judgment of the first-instance court of the same level as the prosecutor's office is 15 days, of the higher-level prosecutor's office is directly 01 month, from the date of the judgment. In the event that the prosecutor does not participate in the trial, the protest period shall be counted from the date the same-level prosecutor's office receives the judgment. (Clause 1 of Article 280 of the Civil Procedure Code 2015)

+ For the plaintiff, the representative of the agency, organization, or individual initiating the lawsuit who is not present at the trial or not present at the time of the judgment with a legitimate reason, the appeal period shall be counted from the date they receive the judgment or the judgment is posted.

>>> Therefore, after 30 days from the date of the judgment, if the judgment is not appealed or protested, it officially takes effect.

The first-instance judgment of the first-instance court or the parts of the first-instance judgment that are appealed or protested shall not be enforced, except in cases where the law provides for immediate enforcement (Cause 1 of Article 282 of the Civil Procedure Code 2015).

+ The following judgments and decisions of the first-instance court shall be enforced immediately despite the possibility of appeal, complaint, protest, or petition (Article 482):

>>> Judgments and decisions on maintenance, labor remuneration, re-employment, salary payment, severance pay, loss of labor capacity allowance, loss of employment allowance, social insurance, unemployment insurance, health insurance, or compensation for damages to the life, health, and mental health of citizens; decisions on the legality of strikes;

* Appellate level

>>> The appellate judgment takes effect from the date of the judgment (Article 313 of the Civil Procedure Code 2015)

2. Criminal judgments under the Criminal Procedure Code 2015 in Vietnam  

* First-instance level

According to Article 343 of the Criminal Procedure Code 2015, a judgment, decision, and the parts of the first-instance judgment, decision that are not appealed or protested become legally effective from the expiration date of the appeal or protest period.

+ The appeal period for the first-instance judgment is 15 days from the date of the judgment. For the defendant, the absent person at the trial, the appeal period shall be counted from the date they receive the judgment or the date the judgment is posted according to the law. (Clause 1 of Article 333 of the Criminal Procedure Code 2015)

+ The protest period of the same-level prosecutor's office for the judgment of the first-instance court is 15 days, of the higher-level prosecutor's office is directly 30 days from the date of the court's judgment.

* Appellate level

According to Clause 2 of Article 355, the appellate judgment takes effect from the date of the judgment.

3. Judgments under the Law on Administrative Procedures 2015 in Vietnam 

* First-instance level

+ The appeal period for the judgment of the first-instance court is 15 days from the date of the judgment; for the absent person at the trial or not present at the time of the judgment with a legitimate reason, the appeal period shall be counted from the date the judgment is handed over to them or posted. (Article 206)

+ The protest period for the judgment of the first-instance court of the same-level prosecutor's office is 15 days, and that of the higher-level prosecutor's office is directly 30 days from the date of the court's judgment. Within the 30-day period from the expiration date of the appeal or protest period without appeal or protest, the first-instance court shall send the legally effective judgment to the plaintiff, the same-level prosecutor's office, the same-level civil enforcement agency, and the higher-level agency directly in charge of the defendant. (Article 196)

>>> The judgment, decision, or part of the judgment, decision of the first-instance court that is not appealed or protested takes effect from the expiration date of the appeal or protest period. (Clause 2 of Article 215)

The part of the first-instance judgment that is appealed or protested shall not be enforced, except in cases where the law provides for immediate enforcement.

+ The person responsible for enforcement must enforce the judgment specified in point e, clause 1, Article 311, from the date of receiving the judgment, decision of the court;

>>> In case the judgment, decision of the court requires the agency to amend, supplement the voter list, the person responsible for enforcement must immediately carry out the amendment, supplementation upon receiving the judgment, decision of the court;

* Appellate level

The appellate judgment take effect on the date of the judgment.

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Key word: in Vietnam | Vietnam | Judgments | Criminal judgments | Civil judgments |

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