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The Supreme People's Court of Vietnam: Benchbook Online

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2.9. Rendering of the appellate judgment and decisions


Related legal documents
  • CPC (Article 192)
  • CPC (Articles 275, 276, 277, 278)
  • CPC (Article 281)

  • Main tasks and practical skills:

    • Deliberation of judgment shall be conducted in the same way as during the trial at first instance.
    • After the Court of Appeal adds sufficient evidence to the evidence which the Court of first instance has collected, the Trial Panel shall correct the judgment of first instance which the Court of first instance has issued in contradiction with law.
    • The Trial Panel shall rescind the judgment of first instance and transfer the case file to the Court of first instance for rehearing the case when:
      - the evidence which the Court of first instance has collected contradicts the provisions of Chapter VII of the CPC or is not sufficient but the Court of Appeal is unable to provide additional evidence.
      - there are breaches of the proceedings, such as the composition of the Trial Panel is not lawfully set up, or the Court does not summon persons required to participate in the trial of first instance which seriously affects their legal rights and interests, etc.
    • Within fifteen days from the date when the appellate judgment and decisions are rendered, the Court of Appeal must forward them to the Procuracy of the same level, the Court of first instance which heard the case and persons relating to the appeal or protest.
    • Procedure for forwarding the appellate judgment and decisions shall be conducted in the same way as for forwarding the judgment and decisions of first instance.