VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
• Appeals must be filed within a certain period after the decision of the lower court. This period is typically 15 days. • Appeals must be filed in writing and must include specific grounds for appeal. The grounds for appeal must be based on errors of law or fact in the decision of the lower court. • The appellate court will review the decision of the lower court based on the written submis- sions of the parties and on the evidence that was presented in the lower court. • The appellate court may uphold the decision of the lower court, overturn the decision of the lower court, or order a new trial. An appeal to a higher court in Vietnam may be granted if the lower court made an error of law, fact, or procedure. Errors of law can include mis- interpreting the law or applying the law incor- rectly to the facts of the case. Errors of fact can include finding the facts incorrectly or weighing the evidence incorrectly. Errors of procedure can include failing to give the parties a fair hearing or failing to consider all of the evidence. 10.3 Procedure for Taking an Appeal According to Article 273 of the CPC, the time limit for appealing against the first instance judg- ment is 15 days from the date of judgment pro- nouncement; for a party who was absent from the court hearing or was absent at the time of the pronouncement of the judgment for a plausible reason, the time limit for filing an appeal shall be counted from the date the judgment is handed over to him/her or publicly displayed. Therefore, to appeal a first instance judgment, the appellant must file an appeal within 15 days of the date of the date of judgment pronounce- ment. In the appeal, the appellant should specify the grounds for the appeal, outlining the errors
or issues in the court’s judgment that warrant review. After receiving the appeal application, the appel- late court must examine its validity as provided for by the CPC. Within three working days from the date of acceptance, the appellate court must send a written notice of acceptance for settle- ment of the case to the litigants, the authorities, the organisations, the individuals initiating law- suits, and the equivalent-level procuracy regard- ing the acceptance for settlement of the case. The appellate court may uphold the decision of the lower court, overturn the decision of the lower court, or order a new trial. The triggering event for the appellate procedure is the actual receipt of the written judgment by the appellant. Once the appellant receives the written judgment, the clock starts ticking, and they must file an appeal within the prescribed timeframe if they wish to challenge the first instance judgment. 10.4 Issues Considered by the Appeal Court at an Appeal The appellate court may consider a variety of issues in an appeal, including: • whether the lower court made an error of law (this could include an error in interpreting the law or applying the law to the facts of the case); • whether the lower court made an error of fact (this could include an error in finding the facts of the case or in weighing the evidence); • whether the lower court failed to follow proper procedures (this could include failing to give the parties a fair hearing or failing to consider all of the evidence); and • whether the lower court’s decision is fair and reasonable (this could include whether the
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