PART THREE
PROCEDURES FOR RESOLUTION OF CASES AT APPELLATE COURTS
Chapter XV
NATURE OF APPELLATE TRIAL AND THE APPEAL AGAINST JUDGMENTS, DECISIONS OF FIRST-INSTANCE COURTS
Article 270. Nature of appellate trial
Appellate trial means the re-trial by the appellate Court of a case with the first-instance court's judgment or decision having not yet taken legal effect and being appealed against.
Article 271. Persons having the right to appeal
The involved parties or their representatives, agencies, organizations or individuals initiating lawsuits shall have the right to lodge their appeals against judgments or decisions of the first-instance Courts to suspend or terminate the resolution of lawsuits in order to request the appellate Courts to conduct re-trials according to the appellate procedures.
Article 272. Application for an appeal
1. When exercising his/her right to appeal, the appellant shall formulate an application for appeal. An application for an appeal must have the following principal contents:
a) Date on which the application is made;
b) Name, address; phone number, fax number, e-mail address (if any) of the appellant;
c) The section of judgment or decision of the first-instance Court which has not yet taken legal effect and is appealed;
d) The reason(s) for appealing and the appellant's claims.
dd) Signature or fingerprint of the appellant.
2. Any appellant being individual who has fully civil procedure act capacity may formulate application for appeal himself/herself. Regarding the blanks for name and address of the appellant on the application form, full name, address, phone number, fax number, e-mail address (if any) of the appellant must be written. At the end of the application form, the appellant must append his/her signature or fingerprint.
3. For appellant specified in clause 2 of this Article, if the appellant cannot apply for appeal himself/herself, he/she may authorize a representative to conduct the application for appeal. Regarding the blanks for name and address of the appellant on the application form, full name and address of the proxy representative of the appellant; phone number, fax number, e-mail address (if any) of the appellant must be written and the written authorization for conduct application for appeal must be enclosed therewith. At the end of the application form, the proxy representative of appellant must append his/her signature or fingerprint.
4. Lawful representatives of involved parties being agencies or organizations may make appeal themselves. Regarding the blanks for name and address of the appellant on the application form, names, addresses, phone numbers, fax numbers, e-mail addresses (if any) of the involved parties being agencies, organizations and full names and positions of the lawful representatives of the involved parties being must be written. At the end of the application form, the lawful representatives must append signature and affix seal of such agencies/organizations; if the appellant is an enterprise, the seal shall be used according to provisions of the Law on Enterprise.
If the lawful representatives of involved parties being agencies/organizations authorize other persons to conduct appeal, at the blanks for name and address of the appellant on the application form, full names and addresses of the lawful representatives of such agencies/organizations; phone numbers, fax numbers, e-mail addresses (if any) of the agencies/organizations; full names, positions of lawful representatives of such agencies/organizations must be written and written authorizations must be enclosed therewith. At the end of the application form, the proxy representative of appellant must append his/her signature or fingerprint.
5. The lawful representatives of the involved parties being minors or legally incapacitated persons may formulate application for appeal by themselves. At the blanks for name and address of the appellant on the form, full names and addresses of the lawful representatives; full names and addresses of involved parties being minors or legally incapacitated persons must be written. At the end of the application form, the proxy representatives of appellant must append their signatures or fingerprints.
If the lawful representatives of involved parties authorize other persons to conduct appeal, at the blanks for name and address of the appellant on the application form, full names and addresses of the authorized representatives; full names and addresses of the lawful representatives of the involved parties; full names and addresses of involved parties being minors or legally incapacitated persons must be written and the written authorization must be enclosed therewith. At the end of the application form, the proxy representatives of appellant must append their signatures or fingerprints.
6. The authorization specified in clauses 3, 4 and 5 of this Article must be carried out under written authorizations that are lawfully notarized and authenticated, except for cases where such authorizations are formulated under the witness of the Judges or persons assigned by the Chief Justices. The written authorizations must contain the contents of the judgments/decisions on suspension/termination of the cases issued by the first-instance Courts that the involved parties authorized the proxy representatives to file appeals against.
7. The appeal application must be filed with the first-instance Court which rendered the first-instance-judgment or decision being appealed against. Where the appeal application is filed with the appellate Court, the appellate Court must transfer the application to the first-instance Court for carrying out necessary procedures and sending the case file to the appellate Court as provided for in this Code.
8. The appeal application must be accompanied with additional materials and/or evidences (if any) to prove that their appeals are well-grounded and lawful.
Article 273. Time limit for an appeal
1. The time limit for an appeal against the first-instance court's judgment is 15 days as from the date of judgment pronouncement; for the involved parties or representatives of agencies/organizations/individuals initiating lawsuits being absent from the Court sessions or absent when the Court pronounces the judgment with good and sufficient reason, the time limit for an appeal shall be counted from the date the judgment is handed to them or publicly posted up.
For cases where involved parties, representatives of agencies/organizations/individuals initiating lawsuits are present in Court sessions but absent when the Court pronounces the judgment without good and sufficient reason, time limit for an appeal shall be counted from the date of judgment pronouncement.
2. The time limit for an appeal against the first-instance court's decision on to suspend or terminate the resolution of the case is 07 days counting from the day on which the involved parties and the agencies, organizations and individuals initiating lawsuits receive the decision or from the day on which the decision is posted up as prescribed in this Code.
3. For cases where the appeal applications are sent by post, time limit for an appeal shall be determined pursuant to the date written on the post seal of the sending post office. If the appellant is incurring a detainment, the date of appeal shall be the day on which the appeal application is certified by the prison officers.
Article 274. Examination of appeal applications
1. After receiving the appeal applications, the first-instance Courts must examine their validity as provided for in Article 272 of this Code.
2. In case of overdue appeals, the first-instance Courts shall request the appellants to further explain the reasons therefor and provide materials and/or evidences (if any) to prove that the reasons for late submission of their appeal applications are plausible.
3. Where the appeal applications are made not in compliance with the provisions of Article 272 of this Code, the first-instance Courts shall request the appellants to amend or supplement them.
4. An appeal application shall be returned by the Court in the following cases:
a) The appellant is not entitled to file an appeal;
b) The appellant fails to make another appeal application or fails to amend or supplement the appeal application at the request of the Court as prescribed in clause 3 of this Article.
c) Cases specified in clause 2 Article 276 of this Code.
Article 275. Overdue appeals and consideration for overdue appeals
1. Appeals that are not made within the time limit stipulated in Article 273 of this Code shall be the overdue appeals. After receiving overdue appeal applications, the first-instance Courts must forward the applications and the appellants' explanation of the reasons for late filing the appeals, materials and/or evidences (if any) to the appellate Courts.
2. Within 10 days after receiving the overdue appeal applications and the accompanied materials and/or evidences, the Courts of appeal shall set up a Panel consisting of three Judges to consider the overdue appeals. The meetings for considering overdue appeals must be under the presence of representatives of the procuracies of the same level and the overdue appeal applicants. If the appellants and/or the procurators are absent, the meetings shall be still carried on by the Court.
3. Pursuant to materials and evidences related to the overdue appeals, opinions of the overdue appeal applicants and representatives of the procuracies at the meetings, the overdue-appeal-considering Panel shall issue decisions under the majority rule on the acceptance or refusal of the overdue appeals that contain explanation for such acceptance or refusal. The appellate Courts must send their decisions to the overdue appeal applications, the first-instance Courts and the procuracies of the same level. If the appellate Courts accept the overdue appeals, the first-instance Courts shall carry out procedures stipulated in this Code.
Article 276. Notification of payment of appellate Court fee advance
1. After accepting the valid appeal applications the first-instance Courts must notify the appellants thereof so that they pay the appellate Court fee advances as required by law, if they do not fall cases of being exempt from, or having not to pay, the appellate Court fee advances.
2. Within 10 days as from the day on which the courts' notifications of payment of the appellate Court fee advances are received, the appellants must pay the Court fee advances and submit to the first-instance Courts the receipts of the payment of Court fee advances. After such time limit, if the appellants fail to pay the appeal fee Court advances, they shall be deemed to have given up their appeals, unless they have plausible reasons therefor.
If the appellants pay submit the Court the receipts of the payment of Court fee advances after 10 days as from the day on which the courts' notifications of payment of the appellate Court fee advances are received without explanation, the first-instance Courts shall request the appellant to send a writing presenting reasons for the lateness of submission of such receipts to the first-instance Courts within 03 working days from the day on which the courts’ notifications are received to be recorded in the case files. Such cases shall be settled according to the overdue appeal consideration procedures.
Article 277. Notice of appeal
1. After receiving the valid appeal applications, the first-instance Courts must notify such in writing to the procuracies of the same level and the involved parties, enclosed with copies of the appeal applications and additional materials and evidences that the appellants enclosed with the appeal applications.
2. Involved parties relevant to the appeal who are notified of the appeals shall be entitled to send to the appellate Courts documents expressing their opinions on the appealed matters. Such documents shall be included in the case files.
Article 278. Appeal by procuracies
The head of the procuracy of the same level or the immediate superior level shall be entitled to appeal against the first-instance court's judgments or decisions to suspend or terminate the resolution of the cases in order to request the immediate superior Court to directly settle the cases according to the appellate procedures.
Article 279. Appeal decisions of procuracies
1. The procuracies' appeal decisions must be made in writing and contain the following principal contents:
a) Issuing date and serial number of the appeal decision;
b) Name of the procuracy that issues the appeal decision;
c) Appealed sections of parts or the whole first-instance court's judgments or decisions which have not yet taken legal effect;
d) Reason(s) for such appeal and the procuracy's claims.
dd) Full name of the person signing the appeal decision and seal of the procuracy issuing the appeal decision.
2. The appeal decisions must be immediately sent to the first-instance Courts that have rendered the appealed judgments or decisions so that such Courts shall carry out procedures stipulated by this Code and send the case files to the appellate Courts as provided for in Article 283 of this Code.
3. Enclosed with the appeal decisions shall be additional documents and/or evidences (if any) to prove that the procuracies' appeals are well grounded and lawful.
Article 280. Time limit for an appeal
1. The time limit for making an appeal against a first-instance court's judgment shall be 15 days for the procuracy of the same level and 1 month for the immediate superior procuracy, counting from the date of judgment pronouncement. In cases where the procurators do not attend the Court sessions, the appeal time limit shall be counted from the day on which the procuracy of the same level receives the judgment.
2. The time limit for making an appeal against the first-instance court's decision on suspension or termination of the resolution of the case shall be 07 days for procuracy of the same level and 10 days for immediate superior procuracy, counting from the day on which the procuracy of the same level receives such decision.
3. If the Court receives the appeal decision from the procuracy after the time limit prescribed in clauses 1 and 2 of this Article, the first-instance Court shall request the procuracy to provide explanation in writing.
Article 281. Notification of appeals
1. The procuracy issuing an appeal decision must promptly send the appeal decision to the parties relating to the appeal.
2. Persons who are notified of the appeal shall be entitled to send to the appellate Court documents expressing their views on the appealed matters. Such documents shall be included in the case files.
Article 282. Effects of an appeal
1. First-instance courts’ judgments/decisions or parts thereof that are appealed against shall not be enforced, except where the law requires the immediate enforcement thereof.
2. The first-instance courts' judgments/decisions or parts thereof which are not appealed against shall take legal effect as from the day on which the appeal time limit expires.
Article 283. Forwarding case files and appeals
The first-instance Courts must forward case files, appeals and accompanying materials and evidences to the appellate Courts within 05 working days from the date:
1. The time limit for an appeal expires;
2. The appeal time limit expires and the appellant has submitted the receipt of the payment of appellate Court fee advance to the first-instance court.
Article 284. Modifying, supplementing, withdrawing appeals
1. If the time limit for appeal specified in Article 273 of this Code has not expired, the appellant is entitled to modify or supplement the appeal regardless of the scope of the original appeal.
If the time limit for appeal specified in Article 280 of this Code has not expired, the procuracy shall be entitled to modify or supplement the appeal regardless of the scope of the original appeal.
2. Before the opening of appellate Court sessions or in appellate Court sessions, the appellants may modify or supplement their appeals and the procuracies issuing appeal decisions may modify or supplement their appeals, provided that the modification or supplementation must not go beyond the scope of the original appeals or appeals, if the appeal or appeal time limit has expired.
3. Before the opening of appellate Court sessions or in appellate Court sessions, the appellants may withdraw their appeals and the procuracies issuing appeal decisions or the immediate superior procuracy may withdraw their appeals.
The appellate Courts shall terminate the appellate trial over parts of the cases against which the appellants have withdrawn their appeals or the procuracies have withdrawn their appeals.
The termination of the appellate trials before the opening of the appellate Court sessions shall be decided by the presiding Judges of the Court sessions; the termination of the appellate trials in the Court sessions shall be decided by the trial panels.
4. The modification, supplementation or withdrawal of appeals before the opening of appellate Court sessions must be made in writing and sent to the appellate courts. The appellate Courts must notify involved parties of the modification, supplement or withdrawal of appeals and notify the procuracies of the same level of the modification, supplement or withdrawal of the appeals.
The modification, supplementation or withdrawal of appeals in Court sessions must be recorded in the minutes of the Court sessions.
Chapter XVI
PREPARATION FOR AN APPELLATE TRIAL
Article 285. Acceptance of appellate trial
1. Immediately after receiving the case files, appeals and accompanying materials and evidences, the appellate Courts must record them to the acceptance books.
Within 03 working days from the date of judgment acceptance, the Court shall send written notifications to involved parties, agencies, organizations and individuals initiating lawsuits and procuracy of the same level informing that it has accepted the petition; such information shall be also posted on e-portal of the Court (if any).
2. The Chief Justice of the appellate Court shall set up an appellate trial panel and assign a Judge to be the presiding Judge of the Court session.
Article 286. Time limit for preparation for appellate trials
1. Within 02 months as from the day on which the petition is accepted, the competent Court shall, on a case-by-case basis, issue one of the following decisions:
a) To suspend the appellate trial over the cases;
b) To terminate the appellate trial over the cases;
c) To bring a case to appellate trial.
Regarding complicated cases or due to force majeure events or objective obstacles, the Chief Justices of the appellate Courts may issue decisions to extend the time limit for preparation for appellate trial for not exceeding 01 month.
2. Within 01 month form the day on which the decision to bring a case to trial is issued, the Court shall open an appellate Court session; if there is good and sufficient reason, such period shall be 02 months.
3. If there is a decision to suspend the appellate trial over the case, time limit for preparation for the appellate trial shall be calculated from the day on which the decision to resume the lawsuit settlement issued by the Court takes legal effect.
4. Time limit prescribed in this Article shall not be applicable to cases that are appealed according to simplified procedures and cases involving foreign elements.
Article 287. Provision of materials and evidences during the preparation for appellate trial
1. Involved parties are entitled to supplement the following materials and evidences during the preparation for appellate trial:
a) Materials and evidences requested by the first-instance Court that have not been provided by the involved parties due to good and sufficient reason;
b) Materials and evidences not requested by the first-instance Court or
2. Procedures for supplying materials and/or evidences shall be conformable with provisions of Article 96 of this Code.
Article 288. Suspension of the appellate trial
1. If the appellate Court issues a decision to suspend the appellate trial over a case, the effects of such suspensions and the resumption of appellate trial shall conform to provisions of Articles 214, 215 and 216 of this Code.
2. A decision to suspend the appellate trial over a case shall be effective immediately and shall be immediately sent to involved parties, agencies/organizations/individuals initiating the lawsuit and the procuracy of the same level.
Article 289. Termination of the appellate trial
1. The appellate Court shall issue a decision to suspend the appellate trial over a case or a part of a case in the following cases:
a) Cases specified in points a and b clause 1 Article 217 of this Code;
b) The appellant withdraw the whole appeal or the procuracy withdraw the whole appeal;
c) The appellant withdraw a part of the appeal or the procuracy withdraw a part of the appeal;
d) Other cases as prescribed by law.
2. If the appellant withdraws the whole appeal or the procuracy withdraws the whole appeal before the appellate Court issues the decision to bring a case to appellate trial, the decision to terminate the appellate trial shall be issued by the Judge assigned to preside the Court session; if the appellant withdraws the whole appeal or the procuracy withdraws the whole appeal when the Court has issued the decision to bring a case to appellate trial, the decision to terminate the appellate trial shall be issued by the appellate trial panel.
In such cases, first-instance judgments/decisions shall take legal effect from the day on which the appellate Courts issue the decisions to terminate the appellate trial.
3. If the appellant withdraws a part of the appeal or the procuracy withdraws a part of the appeal, the appellate trial panel shall consider such withdrawal and issue a decision on termination of a part of the appeal in the appellate judgment.
4. A decision to terminate the appellate trial over a case shall be effective immediately and shall be immediately sent to involved parties, agencies/organizations/individuals initiating the lawsuit and the procuracy of the same level.
Article 290. Decision to bring a case to appellate trial
1. A decision to bring a case to appellate trial shall consist of the following principal contents:
a) Information specified in points a, b, c, d, g, h and I clause 1 Article 220 of this Code;
b) Full name of the Judge, Court clerk; full name of alternate Judge (if any);
c) Full name, procedural capacity of the appellant;
d) Procuracy lodging appeal (if any);
dd) Full name of the procurator participating in the Court session; full name of the alternate procurator (if any).
2. A decision to bring a case to appellate trial must be sent to involved parties and procuracy of the same level within 03 working days from the day on which it is issued.
Article 291. Decision to apply, change or cancel provisional emergency measures
Within the preparation for appellate trials, appellate Courts shall be entitled to issue decisions to apply, change or cancel provisional emergency measures prescribed in Chapter VIII of this Code.
Article 292. Forwarding the case files to the procuracies for study
1. Appellate Courts must forward the case files and decisions to bring the case to trial to procuracies of the same levels for study.
2. The procuracies shall study the files within 15 days as from the day on which such case files are received; upon the expiry of such time limit, the procuracies must return the case files to the Courts.
Chapter XVII
APPELLATE TRIAL PROCEDURES
Section 1. PROCEDURES FOR OPENING AN APPELLATE COURT SESSION
Article 293. Scope of appellate trial
The appellate Courts shall only review the parts of the first-instance judgments/decisions, which are appealed against or related to the review of the appealed contents.
Article 294. Participants in appellate Court sessions
1. The appellants, the involved parties, agencies/organizations/individuals that are related to the resolution of the appeals and the defense counsels of the involved parties' legitimate rights and interests must be summoned to the appellate Court sessions. The Courts can summon other procedure participants to Court sessions if they deem it necessary for the resolution of the appeals.
2. Procurators of the procuracy of the same level shall participate in the appellate Court session.
Article 295. Suspension or termination of appellate trials in Court sessions
At appellate Court sessions, the suspension or termination of the appellate trail of cases shall comply with the provisions of Articles 288 and 289 of this Code.
Article 296. Postponement of appellate Court sessions
1. If the procurators assigned to participate in the appellate Court sessions are absent, the trial panels shall not postpone the Court sessions and shall carry on the trial, unless the procuracy lodge appeals.
2. If people who file appeals, people who do not file appeals but have interests and duties related to the appeals or defense counsels of their legitimate rights and interests are absent at the first time they are duly summoned, the Court sessions must be postponed. If they apply for trial in their absence, the Judge shall carry out the appellate Court sessions according to procedures for trial in their absence.
3. If the appellants who have been duly summoned twice but are still absent, they shall be considered having waived their appeals and the Courts shall issue decisions to stop the appellate trial over the appeals of such appellants; if such appellants apply for trials in their absence, the Court shall carry out the appellate Court sessions in their absence.
If the appellants are absent due to force majeure events or objective obstacles, the Court sessions must be postponed.
If there are more than one appellants and any of whom has been duly summoned twice but are still absent without application for trials in their absence, he/she shall be considered having waived their appeals and the Court shall bring the case to trial. In the decision of the judgment, the Court shall terminate the appellate trial for the appeal of such absent appellant.
If people who do not file appeals but have interests and duties related to the appeals and other participants who have been duly summoned twice by the Courts but still absent, the Court shall carry on the trial.
4. The duration for postponement of, and the decisions to postpone, the appellate Court sessions shall comply with the provisions of Article 233 of this Code.
Article 297. Preparation for the opening of appellate Court sessions and procedures for starting the appellate Court sessions
The preparation for the opening of appellate Court sessions and the procedures for starting the appellate Court sessions shall comply with the provisions of Articles 237, 239, 240, 241 and 242 of this Code.
Article 298. Asking about the appeals and processing of change of appeals in Court sessions
1. After the conclusion of the procedures for opening an appellate Court session, a member of the trial panel shall announce the contents of the case, the decision of the first-instance judgment and the appealed contents.
2. The presiding Judge shall ask the following issues:
a) Whether or not the plaintiff wishes to withdraw his/her/its lawsuit petition or not;
b) Whether or not the appellant or the procurator wishes to change, supplement or withdraw their appeal;
c) Whether or not the involved parties can reach mutual agreements on the resolution of the case.
3. If the appellant withdraws a part of the appeal or the procuracy withdraws a part of the appeal, Court shall accept such withdrawal. If the appellant or the procuracy supplement contents that exceed the original scope of appeal, the Court shall not consider such contents.
Article 299. Plaintiffs withdraw lawsuit petitions before the opening of, or in, appellate Court sessions
1. If the plaintiffs withdraw their lawsuit petitions before the opening of, or in, appellate Court sessions, the appellate Trial Panels must ask the defendants whether they agree therewith or not and may settle on a case-by-case basis as follows:
a) Disapproving the withdrawal of lawsuit petitions by the plaintiffs if the defendants disagree;
b) Approving the withdrawal of lawsuit petitions by the plaintiffs if the defendants agree. The Appellate Trial Panels shall issue decisions to abrogate first-instance judgments and terminate the resolution of the cases. In this case, the involved parties are still required to pay the first-instance Court fees as decided by the first-instance Courts and half of the appellate Court fees as provided for by law.
2. In cases where the Appellate Trial Panels issue decisions to terminate the resolution of the cases as prescribed in point b clause 1 of this Article, the plaintiffs shall be entitled to re-institute the cases according to the procedures prescribed by this Code.
Article 300. Recognizing the agreement of the involved parties in appellate Court sessions
1. In appellate Court sessions, if the involved parties can reach mutual agreement on the resolution of their cases and their agreements are voluntary and not contrary to law or social ethics, the appellate trial panels shall render appellate judgments to revise the first-instance Court judgments and recognize the agreement of the involved parties.
2. The involved parties may also reach agreement on the payment of the first-instance Court fees. If they fail to reach such agreement, the Courts shall make decision according to law provisions.
Section 2. ORAL ARGUMENT IN APPELLATE Court SESSIONS
Section 301. Contents and forms of oral argument in appellate Court sessions
Contents and forms of oral argument in appellate Court sessions shall comply with regulations in Article 247 of this Code.
Article 302. Presentations of the involved parties and procurators in appellate Court sessions
If the involved parties maintain the appeals and the procuracies maintain the appeals, the presentations in appellate Court sessions shall be performed as follows:
1. Presentation of appeals:
a) Defense counsels of legitimate rights and interests of the appellant shall make presentation of the contents of appeals and grounds for the appeals. The appellants may give additional opinions.
In cases where all involved parties appeal, the presentations shall be made in the following order: the defense counsels of legitimate rights and interests of the appellants being plaintiffs and the plaintiffs; the defense counsels of legitimate rights and interests of the appellants being defendants and the defendants; the defense counsels of the legitimate rights and interests of the appellants being persons with related interests and duties and the persons with related interests and duties;
b) In case where only the procuracies file appeals, the procuracies shall make presentation of the appealed contents. In cases where there are both appeal, the involved parties shall present the appealed contents and the grounds therefore first, then the procurators shall present the appealed contents and the grounds therefor;
c) In cases where the involved parties have no defense counsels, they shall themselves present their opinions on the appealed contents as well as their proposals.
2. The defense counsels of legitimate rights and interests of other parties related to the appeal shall present their opinions on the appealed contents. The involved parties may give additional opinions.
3. In the appellate Court sessions, the involved parties and procurators may product additional evidences.
Article 303. Procedures for inquiries and publication of materials and evidences examination of exhibits in appellate Court sessions
1. Procedures for inquiring participants and publishing materials and evidences, examining exhibits prescribed in Article 287 of this Code in appellate Court sessions shall be the same as those applicable in first-instance Court sessions.
2. The inquiry shall be made on matters falling within the scope of appellate trials as stipulated in Article 293 of this Code.
Article 304. Postponement of appellate Court sessions
The postponement of appellate Court sessions shall comply with regulations in Article 259 of this Code.
Article 305. Arguments in appellate Court sessions
1. In appellate Court sessions, involved parties and defense counsels of legitimate rights and interests of involved parties shall argue only about matters falling within the scope of appellate trials that have been inquired in appellate Court sessions.
2. Appellate arguments shall be conducted according to the following order:
a) Defense counsels of legitimate rights and interests of the appellant shall make presentation. The appellants may give additional opinions;
b) Defense counsels of legitimate rights and interests of the involved parties shall present arguments, question and answer. The involved parties may give additional opinions;
c) When it is deemed necessary, the trial panel may request involved parties to present additional arguments about specific matters to form basis for the resolution of the case.
3. Appeal arguments shall be conducted according to the following order:
a) Defense counsels of legitimate rights and interests of the involved parties shall present about the lawfulness and the groundedness of the appeal. The involved parties may give additional opinions;
b) Procurators shall present opinions about matters presented by defense counsels of legitimate rights and interests of involved parties and/or involved parties.
4. If the involved parties have no defense counsels of legitimate rights and interests, they shall argue themselves.
5. If any of the involved parties or other participants is absent, the presiding Judge of the Court session must publish their testimonies, base on which the involved parties present in the Court session can argue and question and answer.
Article 306. Presentations of the procurators in appellate Court sessions
When the arguments and questioning and answering finish, the procurators shall present opinions of the procuracies on the compliance with law provisions during the resolution of civil lawsuits in appellate trial period.
Immediately when the Court sessions finish, the procurators must send the writing containing the procuracies’ opinions to the Courts to be kept in the case files.
Article 307. Deliberation and judgment pronouncement
The deliberation, the inquiry resumption and arguments, the time for deliberation, pronouncement, amendment and supplementation of appellate judgments shall comply with the first-instance trial procedures.
Article 308. Jurisdiction of the appellate trial panels
The appellate trial panels shall have the power as follows:
1. To uphold the first-instance judgments;
2. To revise the first-instance judgments;
3. To repeal the whole or parts of first-instance judgments and transfer the case files to the first-instance Courts for retrial over the cases according to first-instance procedures;
4. To repeal the first-instance judgments and terminate the resolution of the cases;
5. To terminate the appellate trial;
6. To suspend the case resolution in case the Chief Justice of the Supreme People’s Court recommend competent agencies to consider amending, supplementing or repealing legislative documents denoting contrary to provisions of Constitutions, laws, Resolutions of National Assembly, ordinances, Resolutions of the Standing committee of the National Assembly, legislative documents of superior regulatory agencies until the competent agencies respond in writing.
Article 309. Amendment to first-instance judgments
The appellate trial panels can revise part or whole of a first-instance judgment if the first-instance Court made a decision in contravention of law in the following cases:
1. The collection of evidences and proof has been carried out sufficiently and in accordance with the provisions of Chapter VII of this Code;
2. The collection of evidences and proof that have not been carried out sufficiently in first-instance Courts are completely supplemented in appellate Court sessions.
Article 310. Repeal of the whole or parts of first-instance judgments and transfer of the case files to the first-instance Courts for retrial over the cases according to first-instance procedures
The appellate trial panels shall repeal the whole or parts of first-instance judgments and transfer the case files to the first-instance Courts for retrial over the cases according to first-instance procedures in any of the following cases:
1. The collection of evidences and proof have failed to comply with the provisions of Chapter VII of this Code or have not yet been fully carried out while the supplementation thereof cannot be made in the appellate Court sessions;
2. The composition of the first-instance Trial Panels has fail to comply with the provisions of this Code or other serious procedural violations have been committed and affect lawful rights and interests of the involved parties.
Article 311. Annulment of first-instance judgments and termination of case resolution
The appellate trial panels shall annul first-instance judgments and terminate the case adjudication if during the resolution of the cases in the first-instance Court sessions, the cases fell under one of the circumstances stipulated in Article 217 or point b clause 1 Article 299 of this Code.
Article 312. Termination of the appellate trial
The appellate trial panels shall terminate the appellate trial and uphold the first-instance judgment in any of the following cases:
1. Cases specified in clause 2 Article 289 of this Code;
2. The appellant is absent though has been duly summoned twice as prescribed in clause 3 Article 296 of this Code, unless the case is appealed against by another appellant by the procuracy.
Article 313. Appellate Court judgments
1. The appellate trial panels shall, in the name of the Socialist Republic of Vietnam, render appellate Court judgments.
2. An appellate Court judgment shall be composed of:
a) The introduction;
b) The case contents, appeal, assessment;
c) The Court decision.
3. The introduction section must clearly state the name of the appellate court; the code number and date of the case acceptance; the serial number of the judgment and the date of judgment pronouncement; full names of the members of the trial panel, Court reporter, procurator, expert-witness and interpreter; full names and addresses of the plaintiffs, defendants, persons with related rights and obligations; agencies or organizations initiating the lawsuit or their lawful representatives, the defense counsels of their legitimate rights and interests; appellants or appealing procuracy; public or closed trial, time and place of trial.
4. The section on the case contents, the appeal and assessment must summarize the contents of the case and decision of the first-instance court; content of the appeal.
The Court must base themselves on materials and evidences examined at the Court session and result of argument at the Court session to analyze and assess comprehensively and objectively the appeal, details of the case, the adjudication and resolution of the first-instance court, legal grounds applied by the Court, if the case is of the cases specified in clause 2 Article 4 of this Code, the Court shall also base themselves on customs, legal similarity, basic principles of civil law, precedent or the justice to decide to accept or not to accept the appeal and to resolve relevant matters.
The decision must state legal grounds, decisions of the trial panel on each matters to be resolved in the case, on the application of provisional emergency measures, first-instance court’s fees, appellate court’s fees and procedural charges (if any).
5. When retrying cases whose judgments or decisions have been partial or wholly repealed according to cassation/reopening decisions, the Court shall resolve all issues pertaining to properties and/or duties that have been executed (if any) according to legally effective judgments and decisions that are repealed; such shall be recorded in the judgment.
6. The appellate judgments shall take effect as from the date they are pronounced.
Article 314. Procedures for appellate revision of decisions of the first-instance Courts which are appealed against
1. When conducting appellate trial over first-instance courts' decisions, which are appealed against, the appellate trial panels shall not be required to open Court sessions nor summon the involved parties, except where it is necessary to hear their opinions before making decisions.
2. Within 01 month form the day on which the appeal against a decision of a first-instance Court is accepted, the Court shall open an appellate meeting to review such decision; if there is good and sufficient reason, such period shall be 02 months. Procurators of the procuracy of the same level shall participate in the appellate meeting. If the procurators are absent, the meetings shall be still carried on by the Court, unless the procuracy lodges an appeal.
3. One member of the appellate panel shall present the summarized contents of the first-instance judgments which are appealed against, the contents of the appeals and accompanying materials as well as evidences (if any).
4. The procurators shall state the procuracies' opinions on the resolution of the appeals before the appellate trial panels make decisions.
5. When reviewing the first-instance courts' decisions, which are appealed against, the appellate trial panels shall have the power to:
a) Uphold the first-instance courts' decisions;
b) Amend the first-instance courts' decisions;
c) Repeal the first-instance courts' decisions and transfer the case files to the first-instance Courts to continue the resolution of the cases.
6. The appellate decisions shall take effect as from the day on which they are issued.
Article 315. Forwarding appellate judgments/decisions
1. Within 15 days as from the day on which the appellate judgments or decisions are issued, the appellate Courts must forward the judgments and/or decisions to the Courts which conducted the first-instance trials, the procuracies of the same levels, the competent civil judgment-executing bodies, the appellants, persons whose rights and obligations are related to the appeals or their lawful representatives.
If the appellate trial is conducted by a Collegial People’s Court, such time limit may be extended for not exceeding 25 days.
2. An appellate judgment/decision pertaining to interests of consumers initiated by a social organization protecting interests of consumers must be publicly posted at the office of the Court and must be publicly posted on one of central or local dailies for three consecutive issues.
An appellate judgment/decision relevant to the compensation responsibility of the State must be sent to State management agencies competent in state compensation by the appellate Court.
Regarding appellate judgments/decisions related to the change of civil statuses of individuals, within 05 working days from the day on which such judgments/decisions take legal effect, the appellate Courts shall send written notifications enclosed with copies of the judgments/decisions to People’s Committees where such individuals registered civil statuses as prescribed in the Law on civil status.
3. The appellate judgments shall be posted on e-portal of the Court (if any), except for court’s judgments containing information specified in clause 2 Article 109 of this Code.
Tìm kiếm
Bộ luật tố tụng dân sự 2015 (Bản Word)
Bộ luật tố tụng dân sự 2015 (Bản Pdf)