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The Supreme People's Court of Vietnam: Benchbook Online

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5.1. Preparation for appellate hearing


Related legal documents
  • OPRAC (Article 56)
  • Resolution No. 03/2003/NQ-HDTP dated 18 April 2003 of the SPCJC (hereinafter referred to as Resolution No. 03/2003)
  • OPRAC (Articles 60, 61)

  • Main tasks and practical skills:

    • Determining time limit for preparation for appellate hearing of the administrative case (Item 2 of Article 60 of the OPRAC).
    • Checking whether the appeal or protest is made in accordance with legal provisions on time limits, jurisdiction, or procedure or not. If the appeal or protest is overdue, the Judge must check whether there has been any verification of the Court of first instance relating to the reason for the overdue appeal or protest (Article 56 of the OPRAC).
    • Considering which issue of the judgment or decision of first instance is referred to in the content of the appeal or protest, thereby determining the scope of appellate jurisdiction.
    • Checking whether the status of persons participating in the proceedings was properly determined by the Court of first instance, or whether any person has been omitted.
    • Checking documents and evidence of the case. When there is necessary evidence added, the Judge can themselves or upon request by the litigants, or by delegation to another Court, conduct verification of newly added evidence.
    • Considering whether it is necessary to issue a decision on application, alteration or annulment of provisional measures, temporary or complete suspension of resolution of the case.
    • Determining persons who need to be summoned to the appellate trial.
    • Considering whether it is necessary to summon the litigants or not, in the case where the trial is opened (Article 61 of the OPRAC).
    • Carrying out necessary procedures for opening the trial.