CASSATION AND REOPENING PROCEDURES FOR COURTS’ LEGALLY EFFECTIVE JUDGMENTS AND DECISIONS IN VIETNAM

Under Vietnamese law, a legally effective Judgment or Decision issued by the Court is binding on enforcement (hereinafter referred to as Judgment or Decision). However, there are some exceptions where such Judgment or Decision is reviewed and may be annulled or amended under Cassation or Reopening procedures. What is the ground for appealing against the Judgment or Decision under Cassation or Reopening procedures; who has the authority to settle the case under these procedures and what are the steps in carrying out these procedures? In this article, we will share our legal experiences on the above issues to help you better understand Cassation and Reopening procedures for the Court’s legally effective Judgment and Decision in Vietnam.

1. Grounds for appeal under Cassation and Reopening procedures

1.1. Grounds for appeal under Cassation procedures

A legally effective Judgment or Decision issued by the Court may be appealed against under Cassation procedures when there is one of the following grounds:

(i) Conclusion in the Judgment or Decision is incompatible with the objective details of the cases, causing damage to legitimate rights and interests of the involved parties;

(ii) There are serious violations against procedures that prevent involved parties from executing their procedural rights and obligations, as the result, their legitimate rights and interests are not protected as prescribed in law;

(iii) There are mistakes in the application of law leading to the issuance of the wrong Judgment or Decision, causing a bad effect to legitimate rights and interests of involved parties, infringing upon public benefits, State benefits, legitimate rights, and interests of the third parties.

1.2. Grounds for appeal under Reopening procedures

A legally effective Judgment or Decision will be appealed against under Reopening procedures due to the appearance of newly detected details that may substantially change the contents of the Judgment or Decision and about which the Courts and involved parties did not know when the Courts rendered such judgment or decision. Grounds for appeal under Reopening procedures are as follows:

(i) Important details of the case were newly discovered which the involved parties could not have known in the course of resolving the case;

(ii) There are grounds to prove that the conclusions of the expert witnesses and translations of interpreters were untruthful or evidence was falsified;

(iii) Judges, People’s Jurors or procurators intentionally diverted the case files or deliberately made unlawful conclusions;

(iv) The criminal, administrative, civil, marriage and family, business, commercial or labor Judgment or Decision of the Court or the Decision of the State agency on which the Court based itself to resolve the case had already been annulled.

2. The time limit for appeal under Cassation and Reopening procedures

2.1. The time limit for appeal under Cassation procedures

The time limit for appeal under Cassation procedures is 03 years from the day on which the Court’s Judgment or Decision takes legal effect. The Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy, or the Chief Justices of the Collegial People’s Court and the Chairperson of the Collegial People’s Court are competent to appeal against the Judgment or Decision under Cassation procedures.

However, if the involved parties have submitted Petitions for reviewing the legally effective Judgment or Decision under Cassation procedures (“Petition”) and after the time limit for appeal under Cassation procedures expires, if the involved parties continue to have the Petition, the time limit for appeal will be extended by 2 years.

In addition, if the time limit for appeal of 3 years expires, but the legally effective Judgment or Decision issued by the Court is subject to appeal to eliminate faults under the law, the time limit for appeal will be extended by 2 years.

2.2. The time limit for appeal under Reopening procedures

The time limit for appeal under Reopening procedures is 01 year from the day on which the persons competent to appeal acquire grounds for appeal under these procedures. The Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy, or the Chief Justices of the Collegial People’s Court and the Chairperson of the Collegial People’s Court are competent to appeal against the Judgment or Decision under Reopening procedures.

Accordingly, the involved parties should note the above-mentioned time limit for appeal to request and notify consideration of the Judgment or and Decision under the Cassation and Reopening procedures under the law.

3. Requesting consideration of the Judgment or and Decision under Cassation and Reopening procedures

3.1. Requesting consideration of the Judgment or and Decision under Cassation procedures

Within 1 year from the day on which the Court’s Judgment or Decision takes legally effect if any legal violations in the Judgment or Decision are discovered, the involved parties are entitled to submit the Petition to competent persons i.e. the Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy, or the Chief Justices of the Collegial People’s Court and the Chairperson of the Collegial People’s Court for consideration of the appeal under cassation procedures.

The involved parties should note to enclose the Judgment, Decision, and documents and evidence (if any) with the Petition to prove that their requests are well-grounded and lawful.

After preparing the Petition and enclosed documents and evidence, the involved parties can submit them directly or by post to persons competent to appeal under cassation procedures.

Persons competent to appeal may notify the involved parties in writing of their refusal to appeal or issue a decision on the appeal if they accept the appeal.

3.2. Requesting consideration of the Judgment or and Decision under Reopening procedures

Different from cassation procedures, for reopening procedures, the involved parties do not submit the Petition to consider and appeal the Judgment or Decision but only notify in writing the person competent to appeal under reopening procedures, i.e. the Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy, or the Chief Justices of the Collegial People’s Court and the Chairperson of the Collegial People’s Court if new facts of the case are discovered.

At that time, the person competent to appeal will consider and issue a Decision on the appeal if necessary.

4. Postponement and suspension of enforcement of the legally effective Judgment or Decision

In case of being appeal under Cassation procedures, enforcement of the legally effective Judgment or Decision may be postponed at the request of the person competent to appeal; or be suspended under the Decision issued by the person having appealed it until a Cassation Decision is issued.

In case of being appeal under Reopening procedures, enforcement of the legally effective Judgment or Decision will be suspended until a Reopening Decision is issued.

5. The Cassation Trial and Reopening Trial

Within 04 months from the day on which the Decision on the appeal and the enclosed lawsuit dossier are received, the Court competent to Cassation or Reopening review must open a trial to review the case under Cassation or Reopening procedures.

If necessary, the Court will summon the involved parties or others related to the appeal to participate in the trial, if they are absent, the Trial Panel will still conduct the trial.

At that time, the summon persons will present their opinions on the issues requested by the Trial Panel. In case they are absent but have written opinions, the Trial Panel will publicize their opinions.

6. The Cassation Decision and Reopening Decision

At the end of the trial, the Trial Panel will vote and issue one of the decisions within its competence.

6.1. The Cassation Decision

The Cassation Trial Panel is competent to issue the following decisions: (i) To reject the appeal and uphold the court’s legally effective Judgment/Decision; (ii) To repeal the Court’s legally effective Judgment/Decision and uphold the lawful Judgment/Decision of the subordinate Court, which has been annulled or amended; (iii) To repeal a part or the whole of the Court’s legally effective Judgment/Decision to retry under First-instance procedures or Appellate procedures; (iv) To repeal the legally effective Judgment/Decision and terminate the case settlement; or (v) To modify a part of or the whole of the legally effective Judgment/Decision.

6.2. The Reopening Decision

The Reopening Trial Panel is competent to issue the following decisions: (i) To reject the appeal and uphold the legally effective Judgment/Decision; (ii) To repeal the legally effective Judgment/Decision for the First-instance retrial; or (iii) To repeal the legally effective Judgment/Decision and terminate the case settlement.

7. Sending the Cassation Decision and Reopening Decision

The Cassation Decision and Reopening Decision will take legal effect from the date of their issuance and will be sent to the involved parties and relevant competent authorities within 05 working days from the date of their issuance for enforcement.

Above is our legal share on Cassation and Reopening procedures for the Court’s legally effective Judgment and Decision in Vietnam. We hope that this article can help you better understand and take notes on these procedures to protect your legitimate rights and interests when participating in the lawsuit settlement at the Cassation and Reopening stage.

Best regards.

TNTP & Associates International Law Firm