After how long does the appellate Court send the divorce judgment to husband and wife in a civil divorce case in Vietnam?

After how long does the appellate Court send the divorce judgment to husband and wife in a civil divorce case in Vietnam?

The divorce case of my husband and I was just tried by the provincial court on November 25th, when will we receive the judgment from the court?

Reply:

According to Clause 1, Article 315 of the 2015 Civil Procedure Code, there are regulations on forwarding appellate judgments/decisions, as follows:

1. Within 15 days as from the day on which the appellate judgments or decisions are issued, the appellate Courts must forward the judgments and/or decisions to the Courts which conducted the first-instance trials, the procuracies of the same levels, the competent civil judgment-executing bodies, the appellants, persons whose rights and obligations are related to the appeals or their lawful representatives.

If the appellate trial is conducted by a Collegial People’s Court, such time limit may be extended for not exceeding 25 days.

...

Thus, according to the regulations in Vietnam, within a period of 15 days, from the day on which the appellate judgment is issued, the appellate Court must send the judgment to the appellant, the person with rights, obligations related to the appeal, protest, or their legal representative.

After how long does the appellate Court send the divorce judgment to husband and wife in a civil divorce case in Vietnam? (Image from the Internet)

Do the People’s Jurors need to be people who are working at Communist Youth Union when adjudicating a civil case involving minor people in Vietnam?

In the trial of civil cases involving minor people, it is mandatory to have the People’s Jurors being people who are working at Communist Youth Union of Ho Chi Minh City, Vietnam Women’s Union,...?

Reply:

In Article 63 of the 2015 Civil Procedure Code, it is stipulated:

The panel for first-instance trial over civil lawsuits shall be composed of one Judge and two People’s Jurors, except for cases specified in Article 65 of this Code. In special cases, the first-instance trial panel may consist of two Judges and three People’s Jurors.

If the case involves minor people, People’s Jurors being people who are working at Communist Youth Union of Ho Chi Minh City, Vietnam Women’s Union, family affair authorities, children affair authorities must participate in the first-instance trial panel.

Regarding labor cases, People’s Jurors being people who have worked or are working in a employee collective’s representative organization or people having knowledge in labor law shall participate in the first instance trial panel.

...

According to regulations in Vietnam, the People's Jurors in civil cases involving minor people must be people who are working at Communist Youth Union of Ho Chi Minh City, Vietnam Women’s Union, family affair authorities, children affair authorities. Therefore, the People's Jurors are not required to be currently working at these organizations; people who have worked there still have the qualifications to participate in the first instance trial panel.

Who has right to request a confrontation when resolving a civil case in Vietnam?

Please ask: Who can request confrontation when resolving a civil case?

Reply:

Pursuant to Clause 1, Article 100 of the 2015 Civil Procedure Code stipulates:

1. At the request of the involved parties or when contradictions are deemed to have existed in the testimonies of the involved parties or witnesses, Judges may conduct confrontations among the involved parties, between the involved parties and the witnesses or among the witnesses.

According to the regulations in Vietnam, only involved parties have right to request confrontation (The parties to a civil case are agencies, organizations, individuals including plaintiffs, defendants, persons with related rights and obligations).

Best regards!