Under the Penal Proceeding
Code of Vietnam, the appeal process will be applied when the first-instance
judgments or decisions in such cases are appealed or protested against before
they become legally valid.
Under the applicable
regulations, the entitled persons, e.g. defendants, victims and their lawful
representatives, civil plaintiffs, civil defendants and their lawful
representatives, etc… will be entitled to appeal while the procuracy bodies
shall have the right to protest against first-instance judgments or decisions.
In case of appeal or
protest, the appellants or protestants must send their written appeals to the
courts within fifteen days after the date of pronouncement of judgments and the
competent court of appeal must open appellate court sessions within sixty days
for provincial-level court; within ninety days for Supreme People’s Court after
receiving the case files. The appellants must send their written appeals to the
courts within fifteen days after the date of pronouncement of judgments. The
late appeals may be accepted if plausible reasons can be given that are
reviewed and decided by the trial panel of the court of appeal.
The courts of first
instance must notify in writing appeals and protests to the same level
procuracy body and participants in the procedure within seven days after their
receipt of appeal and meanwhile must send the case files and appeals or
protests to the courts of appeal within seven days after the expiry of the time
limit for lodging appeals or protests.
The consequence of appeals and protests is that
the whole or parts of the judgments which are appealed or protested against,
shall not be executed. The appellants or procuracy body shall have the right to
supplement or change, or withdraw part or the whole of their appeals or
protests before the opening of or during the court session, provided that such
supplementation or change must not aggregate the situation of the defendants.
In cases where the whole appeal or protest is withdrawn, the appellate trial
must be ceased and the first-instance judgment shall become legally valid from
the date the courts of appeal issue decisions to cease the appellate trial.