Chương XIX Bộ luật tố tụng dân sự 2015: Giải quyết vụ án dân sự theo thủ tục rút gọn tại tòa án cấp phúc thẩm

Chapter XIX

RESOLUTION OF CIVIL LAWSUITS ACCORDING TO SIMPLIFIED PROCEDURE AT APPELLATE TRIALS

Article 322. Time limit for appeal against judgments/decisions made according to simplified procedures

1. Time limit for filing appeal against a judgment/decision of first-instance Court issued according to simplified procedures shall be 07 days from the day on which the judgment is pronounced. Regarding involved parties who were absent from the Court sessions, time limit for them to appeal against judgments/decisions shall be counted from the day on which such judgments/decisions are received or the day on which such judgments/decisions are posted.

2. Time limit for filing appeal against a judgment/decision of the first-instance Court issued according to simplified procedure shall be 07 days (applicable to appeals made by procuracies of the same levels) or 10 days (applicable to appeals made by the immediately superior procuracies) from the day on which such judgment/decision is received.

Article 323. Time limit for preparation for appellate trials conducted according to simplified procedures

1. Within 01 month from the day on which the cases are accepted, for specific cases, the Judge assigned to resolve the cases according to appellate procedures shall issue one of the following decisions:

a) To suspend the appellate process of the case;

b) To terminate the appellate process of the case;

c) To bring the case to appellate trial.

2. The decisions to bring cases to trial shall contain the information specified in clause 1 Article 290 of this Code. The decisions to bring cases to trial must be immediately sent to persons related to the appeal process and the procuracies of the same level, enclosed with the file cases for study.

Time limit for the procuracies to study the case files shall be 05 working days counting from the day on which the case files are received; when such time limit expires, the procuracies must return them to the Courts.

3. If a decision to terminate the appellate process for the case is issued, time limit for preparation for the appellate trial shall be re-counted from the day on which the Court resume the appellate trial process when the reasons for suspension are resolved.

4. If new details are found out as prescribed in clause 3 Article 317 of this Code, the Courts shall issue decisions to transfer the cases for resolution according to common procedures. In these cases, time limit for preparation for the resolution of the cases shall be counted according to regulations in clause 4 Article 317 of this Code.

Article 324. Appellate simplified procedures for judgments/decisions of first-instance Courts that are appealed against

1. Within 15 days from the day on which decisions to bring cases to appellate trial are issued, the Judges shall hold the appellate Court sessions.

2. Involved parties, procurators of procuracies of the same levels must attend the appellate Court sessions. If the procurators are absent, the trial panels shall still carry out the trials, unless the procuracies file appeals. Involved parties may apply for trial in their absence.

If the involved parties who do not file appeals are absent without good and sufficient reasons though have been duly summoned, the Judges shall still carry out the trials.

3. The Judge shall present briefly the contents of the first-instance judgments/decisions that are appealed against, contents of the appeals and the enclosed materials/evidences (if any).

4. Defense counsels of legitimate rights and interests of the involved parties shall make presentation and the involved parties shall supplement opinions about the contents of the appeals, present arguments, questions, answers and opinions about the resolution of the cases.

5. When the argument, questioning and answering finish, the procurators shall express the procuracies’ opinions about the compliance with law during the resolution of the civil lawsuits in the appellate stage.

Immediately when the Court sessions finish, procurators must send the writings containing procuracies’ opinions to the Courts to be kept in the case files.

6. When reviewing judgments/decisions of first-instance Courts that are appealed against, the Judges shall be entitled to:

a) Uphold the judgments/decisions of first-instance Courts;

b) Modify judgments/decisions of first-instance Courts;

c) Repeal the judgments/decisions of first-instance Courts and transfer the case files to first-instance Courts so that the cases could be resolve again according to simplified procedure, or according to common procedures in cases conditions for resolution according to simplified procedures are not fully satisfied;

d) Repeal the first-instance judgments and terminate the resolution of the cases;

dd) Terminate the appellate trials and uphold the first-instance judgments.

7. Appellate judgments/decisions shall be legally effective from the day on which the judgments/decisions are issued.