In civil cases, it is not allowed to request another person to appeal in Vietnam?

In civil cases, it is not allowed to request another person to appeal in Vietnam?

Pursuant to Clause 3, Article 272 of the 2015 Civil Procedure Code stipulates:

2. Any appellant being individual who has fully civil procedure act capacity may formulate application for appeal himself/herself. Regarding the blanks for name and address of the appellant on the application form, full name, address, phone number, fax number, e-mail address (if any) of the appellant must be written. At the end of the application form, the appellant must append his/her signature or fingerprint.

3. For appellant specified in clause 2 of this Article, if the appellant cannot apply for appeal himself/herself, he/she may authorize a representative to conduct the application for appeal. Regarding the blanks for name and address of the appellant on the application form, full name and address of the proxy representative of the appellant; phone number, fax number, e-mail address (if any) of the appellant must be written and the written authorization for conduct application for appeal must be enclosed therewith. At the end of the application form, the proxy representative of appellant must append his/her signature or fingerprint.

Thus, it is possible to authorize another person to represent to appeal in case the appellant cannot come for some reason in Vietnam.

If appellants die, will appellate Courts be suspended in Vietnam?

Pursuant to Clause 1, Article 289 of the 2015 Civil Procedure Code, termination of the appellate trial:

1. The appellate Court shall issue a decision to suspend the appellate trial over a case or a part of a case in the following cases:

a) Cases specified in points a and b clause 1 Article 217 of this Code;

b) The appellant withdraw the whole appeal or the procuracy withdraw the whole appeal;

c) The appellant withdraw a part of the appeal or the procuracy withdraw a part of the appeal;

d) Other cases as prescribed by law.

According to Points a and b, Clause 1, Article 217 of the 2015 Civil Procedure Code, after accepting cases which fall within their respective jurisdiction, the Courts shall issue decisions to terminate the resolution of the civil lawsuits in the following circumstances:

a) The plaintiffs or defendants being individuals have died while their rights and obligations are not inherited;

b) Agencies or organizations have been dissolved or are bankrupt without any agencies, organizations or individuals inheriting their procedural rights and obligations;

Thus, according to the above provisions in Vietnam, the appellant's rights and obligations will be inherited. In this case, the heirs of the appellant's rights and obligations will continue to participate in the proceedings. Therefore, if the appellant dies but has an heir, the Court will not terminate the appellate trial.

Where should an appeal against judgments of the first-instance Courts be sent in Vietnam?

Article 271 of the 2015 Civil Procedure Code provides:

The involved parties or their representatives, agencies, organizations or individuals initiating lawsuits shall have the right to lodge their appeals against judgments or decisions of the first-instance Courts to suspend or terminate the resolution of lawsuits in order to request the appellate Courts to conduct re-trials according to the appellate procedures.

According to this Article, the appeal must be sent to the first-instance court which issued judgments or decisions of the first-instance Courts in Vietnam. In case the appeal is sent to the Court of Appeal, that Court must transfer it to first-instance Courts for carrying out necessary procedures as prescribed in this Code (Clause 2, Article 271).

Thus, according to the above provisions in Vietnam, an appeal can be submitted to the first instance Court or appellate Courts. However, to simplify the procedure, it is necessary to make an appeal and send it to the first-instance court that issued the judgment or decision.

Best Regards!