What is the time limit for appeal against criminal judgment in Vietnam? What are results of appeals in Vietnam?

What is the time limit for appeal against criminal judgment in Vietnam?

Pursuant to Clause 1 Article 333 of the Criminal Procedure Code in 2015 stipulating the time limit for appeal against a criminal first-instance court’s judgment:

Time limit for appeal

1. The time limit for appeal against a first-instance court’s judgments is 15 days upon the pronouncement of such judgments. If the defendant or litigant is absent from the court, the time limit for appeal commences upon his receipt or the proclamation of the judgments according to the laws.

2. The time limit for appeal against a first-instance court’s rulings is 07 days and commences when the person entitled to appeal receives such rulings.

3. The entry date of an appeal is determined as follows:

a) The date shown in the postmark on the mail containing the written appeal sent by post;

b) If the written appeal is forwarded by the warden of the detention center or head of the detention facility, the entry date of the appeal shall be the date when the warden or detention head receives the written appeal. The warden or detention head must specify and confirm the date of receipt by affixing his signature on the written appeal;

c) If the appellant submits the written appeal in court, the entry date of the appeal shall be fixed upon the Court’s receipt of the written appeal. If the appellant directly appeals in court, the entry date of the appeal shall be fixed upon the Court’s written record of such appeal.

As regulated above, the time limit for appeal against a first-instance court’s judgments is 15 days upon the pronouncement of such judgments.

What is the time limit for appeal against criminal judgment in Vietnam? What are results of appeals in Vietnam? - image from internet

What are results of appeals in Vietnam?

Pursuant to Article 339 of the Criminal Procedure Code in 2015 stipulating results of appeals in Vietnam:

Results of appeals or protests

Parts of the Court's judgments and rulings being appealed shall not be enforced, unless otherwise defined in Article 363 of this Law. If an appeal is filed against the whole of the Court’s judgments or rulings, the enforcement of all judgments or rulings shall be postponed, except for circumstances as defined in Article 363 of this Law.

The first-instance Court must provide the appellate Court with the case file, written appeal and documents, evidences and items (if any) in 07 days upon the expiration of the time limit for appeals or protests.

As regulated above, results of appeals in Vietnam are as follows:

- Parts of the Court's judgments and rulings being appealed shall not be enforced, unless otherwise defined in Article 363 of the Criminal Procedure Code in 2015.

- If an appeal is filed against the whole of the Court’s judgments or rulings, the enforcement of all judgments or rulings shall be postponed, except for circumstances where the court’s sentences and rulings that are immediately enforced.

If the content of the written appeal conforms to this Law in Vietnam but the time limit for appeal expires, will the appeal be handled?

Pursuant to Article 334 of the Criminal Procedure Code in 2015 stipulating procedures for admission and processing of appeals:

Procedures for admission and processing of appeals

1. The first-instance court, after receiving the written appeal or executing a written record of the appeal, must enter details into a receipt journal and verify the validity of such appeal according to this Law.

2. If the written appeal is valid, the first-instance Court shall send a notice of appeal according to Article 338 of this Law;

3. If the written appeal is valid but its content is obscure, the first-instance Court must promptly inform the appellant for the latter's elucidation.

4. If the content of the written appeal conforms to this Law but the time limit for appeal expires, the first-instance court shall request the appellant to present his excuses and evidences, documents and items, if available, which justify his late submission of the written appeal.

5. If the petitioner does not have the right to appeal, the Court shall return the petition, in 03 days upon the receipt of such paper, and notice the petitioner and equivalent Procuracy in writing. Such written notice must specify reasons for the return of the petition.

A complaint can be lodged against the return of such petition in 07 days upon the receipt of the notice. The processing of such complaint shall abide by the stipulations in Chapter XXXIII of this Law.

As regulated above, if the content of the written appeal conforms to this Law but the time limit for appeal expires, the first-instance court shall request the appellant to present his excuses and evidences, documents and items, if available, which justify his late submission of the written appeal.