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The Supreme People's Court of Vietnam: Benchbook Online

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2.1. The Judge should consider the legality of appeals and protests


Related legal documents
  • CPC (Chapter XV)

  • Main tasks and practical skills:

    • The Judge must determine who has the right to appeal, and determine the right of the Procuracy to protest, and the scope of the appeal.
    • When the Court of Appeal receives the application for the appeal, the Court of Appeal shall transfer it to the Court of First Instance for it to conduct necessary procedures and return the case file to the Court of Appeal.
    • Noting that if the appellant sends the application to both the Court of First Instance and the Court of Appeal, the Court of Appeal shall not transfer it to the Court of First Instance.
    • If an appeal is lodged outside the time limits, the Court of Appeal shall consider accepting or refusing the appeal pursuant to provisions on the time limit for appeals and protests, or on the basis of reasons that can be considered as force majeure or objective obstructions;
    • After issuing a decision on the resolution of the overdue appeal, the Court of Appeal shall forward its decision to the appellant and the Court of First Instance.
    • Where the appellant fails to pay a court fee deposit for an appellate hearing, the Court of First Instance shall consider and decide to accept or refuse the application for the appeal.