Application form for an appeal in civil case in Vietnam 2023

Application form for an appeal in civil case in Vietnam 2023 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Application form for an appeal in civil case in Vietnam 2023

The application form for an appeal in civil case in Vietnam, made according to Form No. 54-DS issued together with Resolution 01/2017/NQ-HDTP, is as follows:

Form No. 54-DS

* How to fill out application form for an appeal in civil case

- (1) Enter the name of the Court that conducted the first-instance trial of the case. If it is a district-level People's Court, it is necessary to specify which district People's Court, which province, or which centrally-run city (for example: People's Court of district Y, province of DN);

If it is a provincial People's Court, it is necessary to specify which province (city) People's Court (for example, the People's Court of Hanoi). The specific address of the Court is required (if the appeal is mailed).

- (2) If the appellant is an individual, write the full name of that individual; if the appellant authorizes another person, write the full name of the authorized representative of the appellant, of the appellant authorizing the appeal;

If the appellant is an agency or organization, write the name of that agency or organization (as an appeal) and the full name and position of the legal representative of that agency or organization;

If the legal representative of an agency or organization authorizes another person to make an appeal, write the full name of the authorized representative, with the involved party being the authorizing agency or organization (eg: Appellant: Corporation X represented by Mr. Nguyen Van A, General Director).

- (3) If the appellant is an individual, write the full address of the place of residence (for example: Address: residing in village B, commune C, district H, province T); if it is an agency or organization, write the address of the head office of that agency or organization (for example: Address: located at 20 NP Street, District D, City H).

- (4) Record the status of the appellant to participate in the proceedings (for example, as the plaintiff (defendant) in the case of a property loan contract dispute; is the authorized representative of plaintiff Tran Van Nam residing at house number 34, street X, district H, city Y as authorized on date...month...year...;

Being the authorized representative of Import-Export Company A represented by Mr. Nguyen Van Nam - General Director according to the power of attorney dated...month...…).

- (5) Specify the appeal against the first-instance judgment or decision or which part of the first-instance judgment or decision has not yet taken legal effect (for example, appealing against the entire first-instance civil judgment No. 01/2017/DS-ST dated January 15, 2017 of the People's Court of province H).

- (6) Enter specific reasons for the appeal.

- (7) Specify each issue that the appellant requests the appellate Court to settle.

- (8) In case there are additional documents and evidence, the full names of the additional documents and evidence must be enclosed with the appeal to prove that their appeal is grounded and lawful (for example, documents attached to the application include: 1) a copy of the debt confirmation; 2) a copy of the debt collection paper).

- (9) If the appellant is an individual, he/she must sign or fingerprint and clearly state the appellant's full name; if it is an appealing agency or organization, the at-law representative of the appellant agency or organization shall sign it, clearly state his/her full name and position, and affix the seal of that agency or organization; In case the enterprise makes an appeal, the use of the seal shall comply with the provisions of the Law on Enterprise.

2. Regulations on application for an appeal in civil cases in Vietnam

Regulations on application for an appeal in civil cases in Vietnam under Article 272 of the Civil Procedure Code 2015 are 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.

- 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.

- For appellant specified in clause 2 of Article 272 of the Civil Procedure Code 2015, 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.

- Lawful representatives of involved parties being agencies or organizations may make appeal themselves.

Regarding the blanks for name and address of the appellant on the application form, names, addresses, phone numbers, fax numbers, e-mail addresses (if any) of the involved parties being agencies, organizations and full names and positions of the lawful representatives of the involved parties being must be written.

At the end of the application form, the lawful representatives must append signature and affix seal of such agencies/organizations; if the appellant is an enterprise, the seal shall be used according to provisions of the Law on Enterprise.

If the lawful representatives of involved parties being agencies/organizations authorize other persons to conduct appeal, at the blanks for name and address of the appellant on the application form, full names and addresses of the lawful representatives of such agencies/organizations; phone numbers, fax numbers, e-mail addresses (if any) of the agencies/organizations;

Full names, positions of lawful representatives of such agencies/organizations must be written and written authorizations must be enclosed therewith. At the end of the application form, the proxy representative of appellant must append his/her signature or fingerprint.

- The lawful representatives of the involved parties being minors or legally incapacitated persons may formulate application for appeal by themselves.

At the blanks for name and address of the appellant on the form, full names and addresses of the lawful representatives; full names and addresses of involved parties being minors or legally incapacitated persons must be written.

At the end of the application form, the proxy representatives of appellant must append their signatures or fingerprints.

If the lawful representatives of involved parties authorize other persons to conduct appeal, at the blanks for name and address of the appellant on the application form, full names and addresses of the authorized representatives; full names and addresses of the lawful representatives of the involved parties;

Full names and addresses of involved parties being minors or legally incapacitated persons must be written and the written authorization must be enclosed therewith. At the end of the application form, the proxy representatives of appellant must append their signatures or fingerprints.

- The authorization specified in clauses 3, 4 and 5 of Article 272 of the Civil Procedure Code 2015 must be carried out under written authorizations that are lawfully notarized and authenticated, except for cases where such authorizations are formulated under the witness of the Judges or persons assigned by the Chief Justices.

The written authorizations must contain the contents of the judgments/decisions on suspension/termination of the cases issued by the first-instance Courts that the involved parties authorized the proxy representatives to file appeals against.

- 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 the Civil Procedure Code 2015.

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

Le Truong Quoc Dat

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