Appellate trial in the field of legal proceedings under the law in Vietnam

Appellate trial in the field of legal proceedings under the law in Vietnam

1. What is appellate trial?

* Appellate trial in civil proceedings

Appellate trial means the re-trial by the appellate Court of a case with the first-instance court's judgment or decision having not yet taken legal effect and being appealed against.

(According to Article 270 of Vietnam's Civil Procedure Code 2015)

* Appellate trial in criminal proceedings

Appellate trial means that the immediate superior Court re-tries a case or re-considers the decisions passed by the first instance court, whose judgments and rulings pronounced for the case are appealed before coming into force.

(According to Clause 1, Article 330 of Vietnam's Criminal Procedure Code 2015 (amended 2021))

* Appellate trial in administrative proceedings

Appellate trial means the retrial by an appellate court of a case with the first-instance court’s judgment or ruling having not yet taken legal effect and being appealed or protested against.

(According to Article 203 of Vietnam's Law on Administrative Procedures 2015)

2. Appellate trial jurisdiction

* Appellate trial jurisdiction in civil procedures: Immediately after receiving the case files, appeals and accompanying materials and evidences, the appellate Courts must record them to the acceptance books.

(Clause 1, Article 285 of Vietnam's Civil Procedure Code 2015)

* Appellate trial jurisdiction in criminal proceedings

Specifically, in Article 344 of the Criminal Procedure Code 2015(amended 2021), the appellate trial jurisdiction in specific criminal proceedings is as follows:

- A provincial People’s Court shall have appellate jurisdiction over a district People’s Court's judgments and rulings being appealed.

- The higher People’s Court shall have appellate jurisdiction over a provincial's judgments and rulings being appealed. However, such appellate jurisdiction shall be subject to territorial jurisdiction.

- A military court of a military zone shall have appellate jurisdiction over a local military court's judgments and rulings being appealed.

- The Central military court shall have appellate jurisdiction over the judgments and rulings that were passed by a military court of a military zone and are being appealed.

* Appellate jurisdiction in administrative procedures: According to Clause 1, Article 217 of the Law on Administrative Procedures 2015, right after receiving a case file, an appeal petition or a protest decision and enclosed documents and evidences, the appellate court shall record it in the case acceptance book.

3. Scope of appellate trial

* For civil proceedings

The scope of appellate trial in civil procedures is specified in Article 293 of Vietnam's Civil Procedure Code 2015, specifically as follows:

The appellate Courts shall only review the parts of the first-instance judgments/decisions, which are appealed against or related to the review of the appealed contents.

* For criminal proceedings

An appellate court shall review the content of sentences and rulings being appealed. It can review other parts of such sentences and rulings, which are not appealed, if necessary.

However, the appellate court, when considering the first-instance court’s judgments justified and conformable to the laws, shall reject appeals and sustain the first-instance court’s judgments.

(According to Article 345, Article 356 of the Criminal Procedure Code 2015 (amended 2021)

* For administrative proceedings

Specifically, in Article 220 of the Law on Administrative Procedures 2015, the appellate court shall only review part of the first-instance judgment or ruling which is appealed or protested against or related to the appealed or protested contents.

4. Composition of the appellate trial panel

* For civil proceedings: Specifically specified in Articles 64 and 65 of Vietnam's Civil Procedure Code 2015, The panel for appellate trial over civil lawsuits shall be composed of three Judges, except for the first-instance trial, appellate trial procedures for civil lawsuits under simplified procedures being conducted by one Judge.

* For criminal proceedings: The composition of the appellate trial panel consists of three judges. (According to Clause 2, Article 254 of the Criminal Procedure Code 2015 (amended 2021))

* For administrative proceedings: According to Article 222 of the Law on Administrative Procedures 2015, An appellate trial panel is composed of 3 judges, except the case specified in Clause 1, Article 253 the Law on Administrative Procedures 2015, specifically. as follows: if the appellate trial of an administrative case follows summary procedures, it will be conducted by a judge.

Thanh Rin

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