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The Supreme People's Court of Vietnam: Benchbook Online

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2.2.2. The Judge should consider issuing proceeding decisions during preparation for appellate hearing


Within the time limit for the preparation of appellate hearing, the Judge who is assigned to preside at the trial should consider issuing one of the following proceeding decisions:

  • On temporary suspension of the appellate hearing of the case;
  • On suspension of the appellate hearing of the case;
  • On appellate hearing of the case;
  • On application, alteration, or rescission of provisional measures.

Related legal documents
  • CPC (Articles 189, 190, 191, 192)
  • CPC (Articles 258, 259, 260)
  • Resolution No. 02/2005/NQ 03/2005-HDTP dated 27 April 2005 of the SPCJC (hereinafter referred to as Resolution No. 05/2005/NQ-HDTP)

  • Main tasks and practical skills:

    • Time limit for the preparation for appellate hearing shall be two months from the date of acceptance of the case. With respect to a case of a complex nature or due to objective obstructions, the Judge who is assigned to preside at the trial must report to the Chief Justice of the Court of Appeal or the Chief Justice of the Appellate Court of the Supreme People’s Court for consideration of the decision on extension of the time limit for the preparation for hearing during the preparation for appellate hearing. The extension shall not exceed one month.
    • When issuing the decision on temporary suspension, the Judge should not remove the name of the case. The Judge should write a notation into the book of acceptance and follow the status of the case. When conditions for temporarily suspending the case no longer exist, the case shall be resumed.
    • Within one month from the date of issuance of the decision on bringing the case to trial, the Court of Appeal must open the trial. This time limit may be two months with proper reasons.
    • The decision on bringing the case to trial must be forwarded to the Procuracy of the same level and persons in relation to the appeal or protest.