Procedures for conducting appellate meetings to resolve civil matters in Vietnam

Procedures for conducting appellate meetings to resolve civil matters in Vietnam (Internet image) 

Procedures for conducting appellate meetings to resolve civil matters in Vietnam

Pursuant to Article 375 of the 2015 Civil Procedure Code 2015, regulations on procedures for conducting appellate meetings to resolve civil matters are as follows:

(1) An appellate meeting to resolve civil matters shall be conducted in the following order:

- The meeting clerk shall report on the presence or absence of meeting participants;

- The Judge shall open the meeting; check the presence or absence of persons who are summoned to the meeting and their identity cards, introduce and explain rights and obligations of participants in the meeting;

- Defense counsel of rights and interests of the appellant, the appellant or his/her lawful representative shall present about the appealed contents and grounds for such appeal;

If there is only appeal from the procuracy, the procurator shall present about the appealed contents and grounds for such appeal. If there is both appeal and appeal, involved parties shall present about the appealed contents and grounds for such appeal, then the procurator shall present about the appealed contents and grounds therefor. If the procuracy does not appeal, the procurator shall express their opinions of the procuracy about the handling of the appeal before the appellate panel makes decision.

Right after the meeting finishes, the procurator shall send the written opinion to the Court to be recorded in civil matter files;

- Defense counsel of rights and interests of person with relevant interests and duties, persons with relevant interests and duties or their lawful representatives shall express their opinions on matters pertaining to their rights and obligations in the appealed contents;

- Witnesses shall present their opinions; or expert-witnesses shall present their conclusions and explain issues which remain unclear or contradictory.

(2) If any person summoned by the Court to the meeting is absent, the Judge shall pronounce the testimonies, materials and evidences provided by such person.

(3) The appellate panel shall consider the decision of the first-instance Court that is appealed against and relevant materials and evidences and issue one of the following decisions:

- To uphold the decision on resolution of civil matter issued by the first-instance Court;

- To modify the decision on resolution of civil matter issued by the first-instance Court;

- To repeal the decision on resolution of civil matter issued by first-instance Court to re-settle according to first-instance procedures;

- To repeal the decision on resolution of civil matter issued by the first-instance Court and terminate the resolution of the civil matter;

- Terminate the consideration of the petition according to appellate procedures if in the meeting all the appellants withdraw their appeal petitions and the procuracy withdraw the appeal petition.

(4) Decisions to conduct appellate review of civil matter resolution shall take effect from the day on which they are issued and shall be sent to agencies, organizations and individuals as prescribed in clauses 2 and 3 Article 370 of this Code.

(5) Legally effective decisions to conduct appellate review of civil matter resolution shall be posted on e-portal of the Court (if any), except for decisions containing information specified in clause 2 Article 109 of this Code.

Mai Thanh Loi

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