APPEALING A COURT JUDGMENT OR DECISION AND SOME NOTABLE POINTS

An appeal is one of the procedural acts conducted after the judgment or decision of the first-instance court is issued. When disagreeing with the judgment or decision of the first-instance court, the involved parties have the right to appeal to the higher Court to review the case. However, there are many cases where the litigants do not understand the appeal as well as how to do it, which directly affects their interests. Here are some of our consulting information related to the above issue.

Legal Grounds:

Civil Procedure Code 2015;

1. Persons having the right to appeal

According to the provisions of Article 271 of Civil Procedure Code 2015, concerned parties or their legal representatives and the agency, organization or individual as the litigants who have the right to make appeals against a first instance judgment or a decision on temporarysuspension of a civil case or a decision on suspension of a civil case made by the Court of the first instance, in order to request the appellate Court to resolve the matter under the appellate proceedings.

2. Applications for appeal

According to the provision of Article 272 of Civil Procedure Code 2015, upon exercising the right to lodge an appeal, the appellant shall make an appeal application. The appeal application shall include the following main contents:

(i) The date of the appeal application;

(ii) The name, address, telephone number, facsimile and email address (if any) of the appellant;

(iii) Specifying that appealing all or part of the judgment or decision of the Court of the first instance which is not yet legally enforceable and which is being appealed against;

(iv) The grounds for the appeal and the claims of the appellant;

(v) The signature or finger-print of the appellant.

The appellant shall send the appeal application accompanied by additional data and evidences (if any) to substantiate that his or her appeal is well grounded and lawful.

The authority receiving the appeal: The appeal application shall be submitted to the Court of first instance which made the judgement or decision which is being appealed against. Where the appeal application is submitted to the appellate Court, such Court shall forward it to the Court of first instance to enable it to carry out necessary procedures following Civil Procedure Code 2015.

3. Time-limit for lodging an appeal

To be considered for an appeal, the person with the right to appeal must file an appeal within the time limit for appeal, specifically:

(i) The time-limit for lodging an appeal against a judgement of the Court of first instance is fifteen (15) days as from the date of pronouncement of the judgment.

• Where the concerned parties, and applicable to the representative of the agency, organization or individual as the litigants who were absent from the trial or upon pronouncement of the judgment for a proper reason, this period shall be calculated from the date a copy of the judgment is received by them or from the date the judgment is publicized;

• Where a concerned party or representative of the agency, organization or individual as the litigants who participated at the trial but was absent upon pronouncement of judgment without any proper reason, the time limit for lodging an appeal shall be calculated from the date of pronouncement of the judgment.

(ii) The time-limit for lodging an appeal against a decision of temporary suspension or suspension of a proceeding made by the Court of first instance is seven (7) days from the date on which the concerned party or representative of the agency, organization or individual as the litigants who receives the decision or from the date on which the decision is publicized in accordance with Civil Procedure Code.

(iii) Where the appeal application is sent by postal services, the date of appeal shall be determined on the basis of the date indicated in the date stamp postmark on the envelope affixed by the postal service provider. Where the appellant is being temporarily detained, the date of the appeal shall be the date on which the appeal application is certified by the jaile.

Note: In some cases, subjects are entitled to overdue appeals but must have proper reasons and be considered and approved by the Court.

4. Authorization of appeal

The appellant may make themself an appeal application or authorize another person to act as their representative to lodge an appeal. The power of attorney needs to meet the requirements specified in Article 272.6 of Civil Procedure Code 2015.

(i) The authorization shall be made in writing and lawfully notarized or authenticated, unless such written authorization is made at the Court in the presence of the judge or person assigned by the chief justice of the Court.

(ii) The written authorization must contain a statement that the concerned party authorizes its authorized representative to lodge an appeal against the judgement or decision on temporary suspension or suspension made by the Court of first instance.

ADK & Co Vietnam Lawyers Law Firm