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The Supreme People's Court of Vietnam: Benchbook Online

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5.2.6. Appellate judgment


Main tasks and practical skills:

An appellate judgment consists of: Introduction; Content which includes a brief of the case’s content, appeal or protest and review; Decision.

  • The Introduction of an appellate judgment must specify name of the Court of Appeal, number and date of acceptance of the case, number of the judgment and date of pronouncement of the judgment, full names of members of the Trial Panel, Court Clerk, Procurators, examiner, interpreter (if any) ; name and address of the petitioner, the petitioned, persons having related rights and obligations; their legal representative and persons protecting their legal rights and interests (if any); appellant, the protesting Procuracy; open or secret hearing; time and place of the hearing.
  • The Content must summarize the content of the case, decision of the Court of first instance; content of the application for appeal or protest; review of the Appellate Trial Panel; points, items and articles of the legal documents which have been used by the Appellate Trial Panel as a ground for resovling the case. The review of the Appellate Trial Panel must analyze grounds for accepting or denying the appeal or protest.
  • The Decision of the appellate judgment must specify decisions of the Appellate Trial Panel on each issue which needs to be resolved in the case, due to the appeal or protest, and the bearing of court fees of first instance and appellate levels.