06 things you should know about cassation in Vietnam

06 things you should know about cassation in Vietnam (Internet image)

1. Nature of cassation in Vietnam

Article 325 of the Civil Procedure Code 2015 stipulates the nature of cassation as follows:

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

2. Grounds and conditions for appeal according to cassation procedures in Vietnam

In Article 326 of the Civil Procedure Code 2015, the grounds and conditions for appeal according to cassation procedures are as follows:

- A legally effective judgment/decision of the Court shall be appealed against according to cassation procedures when there is one of the following grounds:

+ Conclusion in the judgment/decision is incompatible with the objective details of the cases, causing damage to legitimate rights and interests of the involved parties;

+ There are serious violations against procedures that prevent involved parties from executing their procedural rights and obligations, as the result, their legitimate rights and interests are not protected as prescribed in law;

+ There are mistakes in the application of law leading to the issuance of wrong judgments/decisions, causing bad effect to legitimate rights and interests of involved parties, infringing upon public benefits, State benefits, legitimate rights and interests of the third parties.

- Persons competent to lodge appeals specified in Article 331 of the Civil Procedure Code 2015 shall lodge appeals against Courts’ judgments/decisions that are legally effective when there is one of the grounds specified in clause 1 of Article 326 of the Civil Procedure Code 2015 and shall file applications as provided for in Article 328 of the Civil Procedure Code 2015 or make notifications/recommendations as prescribed in clauses 2 and 3 Article 327 of the Civil Procedure Code 2015.

If the judgments/decisions infringe upon public benefits, State benefits, legitimate rights and interests of the third parties, the applications are not required.

3. Persons competent to appeal according to cassation procedures in Vietnam

Article 331 of the Civil Procedure Code 2015 stipulates the persons competent to appeal according to cassation procedures as follows:

- The Chief Justice of the Supreme People's Court and the Chairperson of the Supreme People’s Procuracy shall be competent to appeal according to cassation procedures against the legally effective judgments or decisions of the Collegial People’s Court;

Legally effective judgments or decisions of other Courts when it is deemed necessary, except for cassation decisions of the Council of Judges of the Supreme People's Court.

- The Chief Justices of the Collegial People’s Courts and the chairpersons of the shall be entitled to appeal according to the cassation procedures against legally effective judgments or decisions of People’s Courts of provinces or People’s Courts of districts within territorial competence.

4. Decisions to appeal according to cassation procedures in Vietnam

According to Article 333 of the Civil Procedure Code 2015, a decision to appeal according to cassation procedures shall consist of the following principal contents:

- Date and number of the appeal decision;

- Position of the person who makes the appeal decision;

- Number and date of the legally effective judgment or decision being appealed against;

- Decisions of the legally effective judgment or decision being appealed against;

- Comments, analysis of the violations or errors of the legally effective judgment or decision being appealed against;

- Legal grounds for making the appeal decision;

- Whether the appeal is against parts or whole of the legally effective judgment or decision;

- Name of the Court that is competent to conduct cassation of such case;

- Proposals of the appellant.

5. Time limit for appeal according to cassation procedures in Vietnam

In Article 334 of the Civil Procedure Code 2015, the time limit for appeal according to cassation procedures is as follows:

- Persons competent to appeal according to cassation procedures are entitled to lodge the appeal within 03 year from the day on which the Court’s judgments/decisions takes legally effect, except for cases specified in clause 2 of Article 334 of the Civil Procedure Code 2015.

- If the time limit for appeal prescribed in clause 1 of Article 334 of the Civil Procedure Code 2015 expires such time limit shall be extended by 02 years from the day on which such time limit expires if the following conditions are satisfied:

+ The involved parties have submitted applications provided for in clause 1 Article 328 of the Civil Procedure Code 2015 and maintain the application when the time limit for appeal provided for in clause 1 of Article 334 of the Civil Procedure Code 2015 has expired;

+ Courts’ legally effective judgments/decisions are contrary to law as prescribed in clause 1 Article 326 of the Civil Procedure Code 2015, seriously affecting legitimate rights and interests of involved parties and/or third parties, public benefits, State benefits and are subject to appeal to eliminate faults in such legally effective judgments/decisions.

6. Jurisdiction to review cases according to cassation procedures in Vietnam

Article 337 of the Civil Procedure Code 2015 stipulates the jurisdiction to review cases according to cassation procedures as follows:

- The Committee of Judges of the Collegial People’s Courts shall review according to cassation procedures legally effective judgments/decisions of the provincial-level people’s Courts or district-level people's courts, which are appealed against, within competence as follows:

+ The Committee of Judges of the Collegial People’s Courts shall review according to cassation procedures, through trial panels composed of 3 Judges, legally effective judgments/decisions of the provincial-level people’s Courts or district-level people's Courts which are appealed against:

+ If courts’ legally effective judgments/decisions prescribed in point a of this clause are complicated, or judgments/decisions have been reviewed according to cassation procedures by Committee of Judges of Collegial People’s Courts, through trial panels composed of 3 Judges, but no agreement is reached upon the vote on the decisions on case resolution, then the whole of Committee of Judges of Collegial People’s Courts shall review such judgments/decisions according to cassation procedures.

- The Council of Judges of the Supreme People's Court shall review according to cassation procedures legally effective judgments/decisions of Collegial People’s Courts which are appealed against as follows:

+ The Council of Judges of the Supreme People’s Court shall review according to cassation procedures, through trial panels composed of 5 Judges, legally effective judgments/decisions of Collegial People’s Courts that are appealed against according to cassation procedures;

+ If courts’ legally effective judgments/decisions prescribed in point a of this clause are complicated, or judgments/decisions have been reviewed according to cassation procedures by the Council of Judges of the Supreme People’s Court, through trial panels composed of 5 Judges, but no agreement is reached upon the vote on the decisions on case resolution, then the whole of Council of Judges of Supreme People’s Courts shall review such judgments/decisions according to cassation procedures.

- Complicated cases mentioned in point b clause 1 and point b clause 2 of Article 337 of the Civil Procedure Code 2015 are the following cases:

+ Law provisions applicable to matters to be resolved in the case are unclear or are not applied consistently;

+ There is argument over the assessment of evidences and application of law provisions;

+ The case resolution is related to public benefits, State benefits, human’s right protection, civil right protection that are specially concerned.

- Chief Justices of Collegial People’s Courts shall consider deciding to conduct cassation trials for cases specified in clause 1 of Article 337 of the Civil Procedure Code 2015 Chief Justices of Supreme People’s Courts shall consider deciding to conduct cassation trials for cases specified in clause 2 of Article 337 of the Civil Procedure Code 2015

- If legally effective judgments/decisions are on the same civil lawsuits and within the competence to review according to cassation procedures of both Collegial People’s Courts and the Supreme People’s Court, then the Supreme People’s Court shall have the competence to review according to cassation procedures for the whole of the case.

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