Is it permissible to apply fingerprints in the application for appeal in Vietnam? Can a petition for appeal be withdrawn after the court has accepted the petition in Vietnam?

Is it permissible to apply fingerprints in the application for appeal in Vietnam?

Can I use a fingerprint instead of a signature when writing a petition for appeal in a civil case? For example, in the case of a person who cannot read or write, can they ask someone else to write the content of the petition and then use a fingerprint instead of a signature?

Answer:

Pursuant to Clause 1 Article 272 of the Civil Procedure Code in 2015 stipulating application for an appeal as follows:

When exercising his/her right to appeal, the appellant shall formulate an application for appeal. An application for an appeal must have the following principal contents:

- Date on which the application is made;

- Name, address; phone number, fax number, e-mail address (if any) of the appellant;

- The section of judgment or decision of the first-instance Court which has not yet taken legal effect and is appealed;

- The reason(s) for appealing and the appellant's claims.

- Signature or fingerprint of the appellant.

Pursuant to Clause 2 Article 272 of the Civil Procedure Code in 2015 stipulating as follows:

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.

As regulations above, it is permissible to apply fingerprints in the application for appeal in Vietnam.

Is it permissible to apply fingerprints in the application for appeal in Vietnam? Can a petition for appeal be withdrawn after the court has accepted the petition in Vietnam? - Source: Internet

Can a petition for appeal be withdrawn after the court has accepted the petition in Vietnam?

According to the current law, can a petition for appeal be withdrawn after the court has accepted the petition in Vietnam? Thank you!

Answer:

Pursuant to Article 342 of the Criminal Procedure Code in 2015 stipulating amendment or withdrawal of appeals as follows:

- The appellant or Procuracy deciding to appeal shall be entitled to amend the appeal but not to aggravate the defendants' circumstances, in the appellate court or prior to the start of the trial. The right to withdraw parts or all of the appeal shall be granted to the appellant, the Procuracy deciding to appeal or the immediate superior Procuracy in the appellate court or prior to the start of the trial.

Pursuant to Clause 3 Article 248 of the Civil Procedure Code in 2015 stipulating as follows:

- Before the opening of appellate Court sessions or in appellate Court sessions, the appellants may modify or supplement their appeals and the procuracies issuing appeal decisions may modify or supplement their appeals, provided that the modification or supplementation must not go beyond the scope of the original appeals or appeals, if the appeal or appeal time limit has expired.

- Before the opening of appellate Court sessions or in appellate Court sessions, the appellants may withdraw their appeals and the procuracies issuing appeal decisions or the immediate superior procuracy may withdraw their appeals.

The appellate Courts shall terminate the appellate trial over parts of the cases against which the appellants have withdrawn their appeals or the procuracies have withdrawn their appeals.

The termination of the appellate trials before the opening of the appellate Court sessions shall be decided by the presiding Judges of the Court sessions; the termination of the appellate trials in the Court sessions shall be decided by the trial panels.

Based on the above regulations, both in criminal and civil proceedings, both the appellant in criminal and civil cases are allowed to withdraw the petition for appeal even if the court has accepted the petition for appeal even at the trial of the appeal case.

To whom should the petition for appeal in Vietnam be sent?

When we divorced, my husband and I agreed to divide our assets ourselves. However, after the divorce decision was sent out, we were unable to resolve the issue of our assets, so we had a dispute between us. We filed a lawsuit with the court. After the court ruled, I did not agree with the decision, so I am planning to appeal. In this case, who should I send the petition for appeal to?

Answer:

Pursuant to Clause 7 Article 272 of the Civil Procedure Code in 2015 stipulating as follows:

The appeal application must be filed with the first-instance Court which rendered the first-instance-judgment or decision being appealed against. Where the appeal application is filed with the appellate Court, the appellate Court must transfer the application to the first-instance Court for carrying out necessary procedures and sending the case file to the appellate Court as provided for in this Code.

The appeal application must be accompanied with additional materials and/or evidences (if any) to prove that their appeals are well-grounded and lawful.

When exercising right to appeal, the appellant shall formulate an application for appeal. An application for an appeal must have the following principal contents:

a) Date on which the application is made;

b) Name, address; phone number, fax number, e-mail address (if any) of the appellant;

c) The section of judgment or decision of the first-instance Court which has not yet taken legal effect and is appealed;

d) The reason(s) for appealing and the appellant's claims.

dd) Signature or fingerprint of the appellant.

Best regards!