What first-instance civil judgment must be publicly posted on newspapers in Vietnam?

What first-instance civil judgment must be publicly posted on newspapers in Vietnam?

Let me ask, according to current legal regulations, are there any cases where the first instance civil judgment must be publicly posted on the newspaper? Thanks for advice.

Reply:

Clause 3, Article 269 of the 2015 Civil Procedure Code stipulates:

3. An effective first-instance judgment of the Court about resolution of civil lawsuit pertaining to interests of consumers initiated by a social organization protecting interests of consumers must be publicly posted at the office of the Court and must be publicly posted on one of central or local dailies for three consecutive issues.

An effective first-instance judgment of the Court relevant to the compensation responsibility of the State must be sent to State management agencies competent in state compensation by the Court.

An effective first-instance judgment of the Court relevant to the change of civil status of an individual must be notified by the Court in writing enclosed with judgment extracts to People’s Committee where such individual registered for civil status as prescribed in the Law on civil status.

Time limit for public disclosure, posting or delivery of judgments and notices prescribed in this clause is 05 working days from the day on which the judgment takes legal effect.

Thus, according to this regulation in Vietnam, the legally effective first-instance judgment of the Court resolving civil cases protecting consumer rights sued by social organizations participating in consumer protection must be posted on one of central or local dailies for three consecutive issues.

What first-instance civil judgment must be publicly posted on newspapers in Vietnam? (Image from the Internet)

How many copies are there in the divorce decision in Vietnam? 

I would like to ask, when there is a divorce decision, there will be 2 copies, each party keeps 1 copy, right?

Reply:

Clause 2, Article 370 of the 2015 Civil Procedure Code stipulates:

2. Decisions to resolve civil matters must be forwarded to the procuracies of the same level, the petitioners for the resolution of civil matters and person with interests and duties relevant to the resolution of civil matters within 05 working days from the day on which the decisions are issued.

The forwarding of decisions to resolve civil matters to enforcement authorities shall comply with provisions of the Law on enforcement of civil judgments.

Thus, a divorce by mutual consent is a civil matter, meaning that both husband and wife request a divorce, so the decision to resolve the civil matter (divorce decision) must be sent to both people in Vietnam.

When does the civil case appellate trial open in Vietnam?

My family is currently participating in a lawsuit over an inheritance dispute at the district people's court. The first instance trial took place in August 2020, but the appeal trial has not yet been heard. So how long does it take from first instance trial to appeal?

Reply:

Pursuant to Article 270 of the 2015 Civil Procedure Code, an 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.

Thus, an appeal trial can be opened when a judgment or decision of the first instance court that has not yet taken legal effect is appealed or protested against (that is, not all cases have an appeal trial). 

Article 285 of the 2015 Civil Procedure Code stipulates acceptance of appellate trial as follows:

1. Immediately after receiving the case files, appeals and accompanying materials and evidences, the appellate Courts must record them to the acceptance books.

Within 03 working days from the date of judgment acceptance, the Court shall send written notifications to involved parties, agencies, organizations and individuals initiating lawsuits and procuracy of the same level informing that it has accepted the petition; such information shall be also posted on e-portal of the Court (if any).

2. The Chief Justice of the appellate Court shall set up an appellate trial panel and assign a Judge to be the presiding Judge of the Court session.

And Article 286 of the 2015 Civil Procedure Code stipulates time limit for preparation for appellate trials as follows:

1. Within 02 months as from the day on which the petition is accepted, the competent Court shall, on a case-by-case basis, issue one of the following decisions:

a) To suspend the appellate trial over the cases;

b) To terminate the appellate trial over the cases;

c) To bring a case to appellate trial.

Regarding complicated cases or due to force majeure events or objective obstacles, the Chief Justices of the appellate Courts may issue decisions to extend the time limit for preparation for appellate trial for not exceeding 01 month.

2. Within 01 month form the day on which the decision to bring a case to trial is issued, the Court shall open an appellate Court session; if there is good and sufficient reason, such period shall be 02 months.

3. If there is a decision to suspend the appellate trial over the case, time limit for preparation for the appellate trial shall be calculated from the day on which the decision to resume the lawsuit settlement issued by the Court takes legal effect.

4. Time limit prescribed in this Article shall not be applicable to cases that are appealed according to simplified procedures and cases involving foreign elements.

It can be seen that to open an appeal trial for a civil case, the trial preparation time can last up to 4 months from the date the case is accepted in Vietnam.

Please base on the above regulations in Vietnam to determine the time for opening the appeal trial (if any).

Best regards!