Vietnam: Are cassation and reopening in civil cases levels of adjudication?

1. Cassation procedures in Vietnam

Under Article 325 of the Civil Procedure Code 2015, cassation means the review of courts' legally effective judgments or decisions, which are appealed against when there are grounds specified in Article 326 of this Code are satisfied.

The cassation procedure has the following characteristics:

In essence, cassation is the procedure of "re-review" of judgments that have taken legal effect, rather than "re-adjudication" of those judgments and decisions. In Vietnam, there are two levels of trial acknowledged: first-instance trial and appellate trial. These two levels serve the role of judging cases or rulings that have not yet taken legal effect when there are lawsuits appeals, or protests. On the other hand, cassation essentially is the procedure to re-examine judgments and decisions that have already taken legal effect when there is a protest following the cassation procedures.

Regarding the subjects, the subjects of the cassation procedures are judgments and decisions that have taken legal effect. As a principle, judgments and decisions that have taken legal effect will be enforced following the civil judgment enforcement procedure. In cases where the court's judgments or decisions that have taken legal effect are not consistent with the nature of the case or contain serious legal errors causing damage to the legitimate rights of the involved parties, the procedure to re-examine those judgments and decisions through the Cassation procedures becomes necessary.

Regarding the entities, unlike the levels of civil trials, where persons with rights and related interests can file an appeal to protect their rights and interests when they are not ensured. In cassation procedures, they do not have the right to appeal. Instead, only competent authorities can initiate the cassation protest procedure. The entities with the authority to protest according to the Cassation procedures are regulated in Article 331 of the Civil Procedure Code 2015.

In terms of form, under Clause 1, Article 338 of the Civil Procedure Code 2015, the cassation procedures are not public and must involve a representative from the prosecutor's office. Those with legitimate rights and interests can participate in the cassation trial if summoned by the court.

Thus, cessation in Vietnam is a special procedure and not a level of trial.

2. Reopening procedures in Vietnam

Similar to the cassation procedures, rehearing is also the re-review of judgments and decisions that have taken legal effect, but it differs in that it is protested due to the discovery of new facts that could fundamentally change the content of the judgments and decisions, which the courts and involved parties were unaware of when the judgments and decisions were issued.

Judgments and decisions that have taken legal effect are protested according to the reopening procedures when one of the following grounds is present:

-  Significant facts of the case that the parties could not have known during the case resolution are discovered.

- There is evidence to prove that the expert's conclusions or the interpreter's interpretation were not truthful, or that evidence was falsified.

- Judges, People's assessors, and Prosecutors intentionally distorted case files or deliberately rendered unlawful conclusions.

- Criminal, administrative, civil, marriage and family, business, trade, and labor court judgments and decisions, or decisions of state agencies that the court has relied upon to resolve the case, have been annulled.

Entities authorized to protest according to the reopening procedures include:

- The Chief Justice of the Supreme People's Court of Vietnam and the Head of the Supreme People's Procuracy of Vietnam have the authority to protest according to the reopening procedures against judgments and decisions that have taken legal effect on the High-level People's Court; judgments and decisions of other courts that have legal effect when considered necessary, except for the cassation decisions of the Judicial Council of the Supreme People's Court.

- The Chief Justice of the High-level People's Court and the Head of the High-level People's Procuracy have the authority to protest according to the reopening procedures against judgments and decisions that have taken legal effect on the provincial People's Court, district People's Court within their territorial jurisdiction.

- Persons who have protested against judgments and decisions that have taken legal effect have the right to decide to temporarily suspend the enforcement of those judgments and decisions until a rehearing decision is made.

Note: Other regulations on the reopening procedures shall follow the Civil Procedure Code 2015 regarding the cassation procedures.

Thuy Tram

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