Can the appellate trial panel in Vietnam modify the whole of the first-instance judgment?

Can the appellate trial panel in Vietnam modify the whole of the first-instance judgment?

According to the the law, can the appellate trial panel in Vietnam modify the whole of the first-instance judgment?

Answer:

Pursuant to Clause 2 Article 241 of the Law on Aministrative Procedures in 2015 stipulating jurisdiction of appellate trial panel as follows:

- To modify part or the whole of the first-instance judgment if the first-instance court made an unlawful decision in the following cases:

- The burden of proof or collection of evidences was adequately carried out in accordance with Chapter VI of this Law;

-The burden of proof or collection of evidences was not adequately carried out at the first-instance level but evidences have been sufficiently added at the appellate court hearing.

As regulations above, the appellate trial panel in Vietnam may modify the whole of the first-instance judgment in above cases.

Can the appellate trial panel in Vietnam modify the whole of the first-instance judgment? - Source: Internet

Is it permissible to send the judgment of the first instance administrative trial to the Prosecutor Office in Vietnam?

In an administrative trial at first instance, is it necessary for the Court to send the judgment to the Prosecutor Office after issuing the judgment?

Answer:

Pursuant to Clause 2 Article 196 of the Law on Aministrative Procedures in 2015 stipulating provision or sending of judgment extracts and judgments as follows:

1. Within 3 working days after the conclusion of a court hearing, involved parties shall be provided with judgment extracts by the court.

2. Within 7 days after the date of judgment pronouncement, the court shall provide or send the judgment to involved parties and the same-level procuracy.

According to the above regulations, after the judgment is announced and issued, it is mandatory to send it to the parties involved along with the People's Procuracy at the same level. This is a mandatory regulation.

Can the first instance administrative judgment in the field of land in Vietnam be protested?

Can the judgment of the first instance administrative trial of an administrative act issued by the Chairman of the Provincial People's Committee that is inconsistent with the law be appealed or protested?

Answer:

Pursuant to Clause 1 Article 11 of the Law on Aministrative Procedures in 2015 stipulating guarantee of the first-instance and appellate trial regime as follows:

1. The first-instance and appellate trial regime is guaranteed, except the trial of administrative cases involving lawsuits over voter lists.

First-instance court judgments and rulings may be appealed or protested against in accordance with this Law.

First-instance court judgments and rulings, if not appealed or protested against according to appellate procedures within the time limit prescribed in this Law, shall become legally effective. For first-instance court judgments or rulings which are appealed or protested against, the cases shall be settled according to appellate procedures. Appellate court judgments and rulings shall be legally effective.

According to the above regulations, in principle, the judgment or decision of the first instance of the Court can also be protested, not just appealed.

Best regards!