Resolution 06/2012/hdtp: Guidelines For Implementing Some Of The Provisions In Part Three "procedures To Resolve The Case In The Court Of Appeal" Of The Code Of Civil Procedure Was Amended, B

Original Language Title: Nghị quyết 06/2012/NQ-HĐTP: Hướng dẫn thi hành một số quy định trong Phần thứ ba “Thủ tục giải quyết vụ án tại Tòa án cấp phúc thẩm” của Bộ luật Tố tụng dân sự đã được sửa đổi, b

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The COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT based on the law on organization of people's courts;

To the correct and uniform enforcement of the provisions in part three "procedure to resolve the case in the Court of appeal" of the code of civil procedure was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure April 29, 2011 (hereinafter abbreviated as CPC);

After the comments of Minister Supreme People's Prosecutor and the Minister of Justice, the PARLIAMENT: 1. Scope resolution guiding the implementation of some provisions of the CPC to ensure proper and uniform enforcement part three "procedures to resolve the case in the Court of appeal" of the CPC.

Article 2. Who has the right of appeal provided for in Article 243 of the CPC 1. Object that litigants, litigants, representative bodies, have the right to sue the organization making an appeal to the superior court to request directly addressed in appellate procedures including: judgment, decided to temporarily suspend, suspension of the case by the Court of first instance.

2. individual litigants have full capacity for civil proceedings acts can make an appeal. In the item name, the address of the appellant in the application must write to them, the name, the address of that appeal. At the same time, in the last part of your appeal, that litigants must sign or point only.

3. Privy is enough people from fifteen to eighteen years old enough yet not lost the capacity for civil acts, not limited capacity for civil acts have joined labour under employment contract or civil transactions by its own property is the litigants in the case of disputes related to employment contract or civil transaction which may do it yourself your appeal. In the item name, the address of the appellant in the application must write to them, the name, the address of that appeal. At the same time, in the last part of your appeal, that litigants must sign or point only.

4. Litigants are the instructions in paragraph 2 and paragraph 3 of this article, if not himself appeal, you can authorize another person representing themselves appeal, except to appeal the verdict, the decision of the Court of first instance on divorce. In the item name, the address of the appellant in the application must write to them, the name and address of authorized representative of appeal; they, the name, address of the authoritative litigants to appeal and the authoritative text. At the same time, in the last part of your appeal, authorized representative must sign or point only.

5. Privy is the body, the Organization has the right to appeal. Legal representative of the Agency, is that organizations can make an appeal. In the item name, the address of the appellant in the application to record the name, address of the litigants is the Agency Organization; they, the name, the position of the legal representative of the Agency, is held. At the same time, in the last part of your appeal, the legal representative must sign and seal of the Agency, that organization.

Case of legal representative of the litigants is an authoritative organization, Agency for others representing organs, held the appeal, then in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative of the appeal; name, address of the litigants is the agency authorized organization; they, the name, the position of the legal representative of the litigants is the Agency, that organization and the authoritative text. At the same time, in the last part of your appeal, authorized representative must sign or point only.

6. the legal representative of a minor is privy (unless the instructions in paragraph 3 of this article), who lost the capacity for civil acts, persons with limited capacity for civil acts can make an appeal. In the item name, the address of the appellant in the application must write to them, the name and address of the representative under the law; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts. At the same time, at the end of the appeal, the appellant must sign or point only.

Case of legal representative of the litigants is authoritative for others representing themselves appeal, then in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative and authoritative text; they, the name, the address of the representative under the law of the authorisation; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts. At the same time, in the last part of your appeal, authorized representative must sign or point only.

7. Agencies, organized civil case litigated to protect the rights and lawful interests of other persons specified in clause 1 and clause 2 Article 162 of the CPC's representative under the law of civil procedure of the protected person. Legal representative of the Agency, that organization can make an appeal. In the item name, the address of the appellant in the application to record the Agency name, address, and organization name, Office of their representative under the law of Agency, that organization; they, the name, the address of the person who has the lawful rights and interests are protected. At the same time, in the end, the legal representative of the Agency, the organization that must be signed and stamped by the Agency, that organization.

8. the authorisation to be directed at the 4, 5 and 6 of this must be made in writing to have certified, certified, unless an authoritative text that was created in the courts to have the witness of the judge or court officer was Chief Justice of the court assigned. In the authoritative text must have equivalent content authorization for authorized representative the appeal judgement, decided to temporarily suspend, suspension of the case by the Court of first instance.

Article 3. Appeal provisions of article 244 of the CPC 1. To ensure employment for the correct and uniform appeal, the Court of first instance required the appellant to do an appeal according to the model No. 1 attached to this resolution. The Court of first instance are listed at Headquarters civil courts and appeal forms manual forms of appeal.

2. The receipt and processing of appeal an appeal at the Court of first instance.

a first instance court) must have received the book appeal to record the date, month, year of receiving your appeal as a base determined on appeal.

b) Court of first instance made an appeal procedure as follows: b1) case of the direct appeal filed an appeal at the Court of first instance, the Court of first instance on record, month and year the appeal filed on receipt of an appeal. On appeal to be determined as the date of filing the appeal.

B2) where the appellant submitted an appeal to the Court of first instance by post, the Court must record the date, month and year admitted an appeal by the post office and moved to the day, month and year the appeals sent by day, month, year postmark where sent to the window to receive menu. The envelope postmarked must be attached an appeal. On appeal to be determined where the postmarked date is sent.

No case or do not identify the day, month and year according to the postmark on the envelope to the sender, then the Tribunal must receive applications in the notes and into the left corner of the appeal is "not determined the date, month, year". This case, on appeal to be determined is the day the Court receives the application. When examining an appeal, if this appeal expired, the Court of first instance requested the appeal presented clearly the reason in writing prescribed in paragraph 2 to article 246 of the CPC and the guidance in paragraph 1 article 6 of this resolution. If your appeal on time specified in article 245 of the CPC, the Court of first instance conducted the procedure specified in article 248 of the CPC and the guidance in article 7 of this resolution.

B3) the Court must remember (or stamp received the appeal record) the day, month and year in the upper left corner of the receipt of the appeal.

c) on receipt of an appeal by the Court of appeal moved to, follow the instructions in paragraph 3 of this article, the Court of first instance must check received an appeal to have the same content by the same person who sent appeal yet to handle the following: c1) where the Court of first instance has received an appeal to have the contents coincide with the content of the appeal by the The Court of appeal, then moved to the Court of first instance notes to appeal it and attach to the appeal got to save in the case file.

C2) case the Court of first instance has not received an appeal or appeal was received, but a portion or the entire contents of another appeal with the Appeals Court by content of appeal moved to, then the Court of first instance on record, may, in accepting an appeal by the Court of appeal referred to and on , may, in accepting an appeal by day, month, year in which the Court of Appeal recorded in the upper left corner of your appeal to the window to receive menu. In this case, the determination on appeal is made according to the instructions in points b1 and b2 b paragraph 2 of this Article.

3. The receipt of appeal and handle an appeal in the Court of appeal.

The case of the direct appeal filed an appeal in the Court of appeal or an appeal to the Court of appeal through the post office, the receipt of the appeal the Court of appeal must also receive the book appeal to follow. The Court of appeal must record the date, month and year to receive an appeal according to the instructions in point b of paragraph 2 of this Article. At the same time, the Court of appeal must turn immediately appeal and documents, and evidence (if any) to the Court of first instance gave judgment at first instance decisions were appealed to the Court of first instance undertook the necessary procedures and submit the case file to the Court of appeal under the provisions of article 255 of the CPC and the guidance in article 10 of this resolution. Transfer of appeal to the Court of first instance must be noted on the receipt book to follow. The Court of appeal must notify the appellant about the received the appeal and moved an appeal to the Court of first instance so that they contact the Court of first instance made a right, obligation of the appeal under the General procedure.


4. Upon receipt of an appeal filed by the appellant directly, the Court of first instance are granted the right to receive newspapers appeal for appellants. If the Court of first instance accepting an appeal sent by post or by the Court of appeal moved to, the Court of first instance sent the right message paper get an appeal to inform the appellants knew.

5. where the person who filed the appeal or submit your appeal document, additional evidence to justify his appeal is well-grounded and lawful, the delivery documents, additional evidence filed by the appellant or submit your appeal is made according to the instructions in the article 13 of resolution No. 04/2012/hdtp on 03-12-2012 Board of judges the Supreme People's Court passed a number of regulations regarding "proof and evidence" of the code of civil procedure was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure ".

6. In case of appeal to the Court of first instance or the Court of appeal presented directly on the appeal, the Court of first instance or the Court of appeal explained to them is as specified in article 243 of the CPC, the people must appeal appeal , so they do it yourself your appeal or authorize others to appeal.

Article 4. About the time limit for the appeal, the appeal provisions in Articles 245 and article 252 of the CPC 1. Start time the time limit for appeal the judgment at first instance is the next day of the day to be determined. The day is defined as the date the Court sentenced for litigants to be present at the trial at first instance or on the first instance judgment is delivered or is listed for litigants not to be present at the trial of first instance.

2. time to start calculating the time limit for appeal the judgment at first instance is the next day of the day to be determined. The day is defined as the date the Court sentenced, in case the Procuratorate at the same level joins the trial magistrate or procurator is on the same level receive the verdict of first instance in case the Procuratorate at the same level do not participate in the trial of first instance.

For example, on 01-10-2013, trial court of first instance civil cases and on 01-10-2013 courts sentenced, then the day is determined and calculating the time limit for the appeal, the appeal as follows:-for the litigants to be present at the trial of first instance, then the day is defined as on 01-10-2013 start time and the time limit for appeal is fifteen days on 02-10-2013.

-For litigants not to be present at the trial of first instance and assume on 15-10-2013 new appeals court delivered judgment at first instance for litigants, the day was identified as 15-10-2013 start time and the time limit for appeal is fifteen days on 16-10-2013; If the Court of first instance could not direct handing the judgment at first instance for litigants that are listed on and assume listed at the headquarters level to commune people's Committee of Privy is on 15-10-2013 is defined, then the day on 15-10-2013 start time and the time limit for appeal is fifteen days on 16-10-2013.

-Representative cases Procurator at the same level have participated in the trial of the first instance, then the day is defined as on 01-10-2013 start time and duration of the protest fifteen days (for the Procuratorate at the same level), thirty days (for the superior Procuratorate directly) is on 02-10-2013.

-Representative cases Procurator at the same level do not participate in the trial at first instance and assuming 10-15-2013 Procurator at the same level received the judgment of the Court of first instance, then the day is on 15-10-2013 start time and duration of the protest fifteen days (for the Procuratorate at the same level) , thirty days (for the superior Procuratorate directly) is on 16-10-2013.

3. The beginning of the time limit for appeal, appeal the decision to temporarily suspend, suspension of the case by the Court of first instance is the next day of the day to be determined. The day is defined as the date the person has the right to appeal, the Procurator at the same level receive the decision.

a) case decided to temporarily suspend, suspension of the case which was issued at the trial of first instance trial and immediate delivery of this decision the same day to the litigants are present at the trial, the Procuracy representative participated in the trial (if there is), then the day is defined as the date of that decision. If the delivery date was decided not on along with the decision, then the day is defined as the date of decision for the litigants, the Procuratorate at the same level.

b) case decided to temporarily suspend, suspension of the case is issued before the opening of the trial of first instance or in the trial at first instance that litigant is absent, then the date is determined for the Privy is on that decision was delivered or to be listed; for the Procuratorate at the same level and the upper level directly on Procuracy is the same level receive the decision.

4. The end of the time limit for appeal, protest time ends the term of appeal, the appeal is the end of the last day of the time limit. If the last day of the time limit was on vacation last week (Saturday, Sunday) or holidays, the time limit for appeal, protest ends at twenty-four hours of the first working day of next day stay there.

For example, the time limit for appeal is fifteen days counted starting on 02-10-2013. According to the provisions in clause 1 Article 245 of the CPC, the appeal period fifteen days (for the litigants to be present at the trial) ends at twenty-four hours on 16-10-2013 (if not right on the weekends, holidays). Suppose, on 16-10-2013 is on vacation, then the appeal time limit of fifteen days end at twenty-four hours on 17-10-2013 (if not right on weekends); Suppose that after the holidays (17-10-2013), on 18-10-2013 right on Saturday, then the appeal time limit of fifteen days end at twenty-four hours on 20-10-2013.

The case the Court must proceed with authorization to escort reached the verdict, the decision of the first instance court for litigants who are domiciled abroad, then the time begins to count the time limit for the appeal, the appeal is the date of the authorization, receipt of authorization is determined by the provisions of the law on the judicial trustee.

Article 5. Check the appeal specified in article 246 of the CPC 1. After receiving the appeal, the Court of first instance to examine an appeal is full of content specified in paragraph 1 to article 244 of the CPC and people do have appeal in the subject has the right to appeal is regulated in article 243 of the CPC and the guidance in article 2 of this resolution; at the same time check the appeal is made within the time limit specified in article 245 of the CPC and the guidance in article 4 of this resolution or not to carry forward the work prescribed by the CPC and the guidance of this resolution. The case of an appeal made within the law and that of the people have the right to appeal but has not fully content specified in paragraph 1 to article 244 of the CPC or the content yet specific appeal, the Court of first instance must notify (directly or in writing) right for people to appeal to them to modify supplement your appeal for full or express content appeals to specific, clearly prescribed by law.

2. The notification and implementation of the revised requirements, additional appeal is made as follows: a) the Court of first instance required the appellant to amend, supplement your appeal within the time limit because of the Court of first instance determined but not more than five working days from the date the appellant received notice of the Court require modification supplementing an appeal, unless there are objective obstacles, then time has no objective obstacles on the modified duration, additional appeal.

b) in announcing the revised requirements, additional appeal must specify the issue should amend, Supplement for people to appeal to them to perform.

c) time to make this change, adding an appeal does not count on the time limit for appeal. On appeal is still to be determined according to the guidelines in article 3 of this resolution.

d) after the revised appeal supplements an appeal at the request of the Court, the Court of first instance continued to perform the procedure according to the provisions of article 248 of the CPC. Most of the time limit fixed by the Court that the appeal does not do modifications, additional appeal and your appeal does not have sufficient content to the provisions in clause 1 Article 244 of the CPC, the appeal cannot be considered valid. The Court of first instance rendered single appeal and receipt book notes on the return form.

DD) If through test that detected the appeal is of people who have no right of appeal or not appeal content in the limiting of the appeal, within three working days from the date of receiving the application, the Court of first instance and return a note on receipt of the return form.

e) returning an appeal is directed at point d and point VND account 2 this must be notified in writing in which clearly the reason for the return.

Article 6. The appeal expired provisions of article 247 of the CPC 1. The case is an appeal by the person who has the right to appeal the contents of appeal in limited appeal, but the appeal period prescribed in article 245 of the CPC and the guidance in article 4 of this decision that the appellants have not reported or reported overdue appeal but the reason is not clear , the Court of first instance to have the text requires the appeal to specific reports in writing about the reasons for the appeal and present documents and evidence (if any) to demonstrate the reasons for filing the appeal expired is plausible. The Court of first instance requested the appeal expired specific reports in writing about the reasons for the appeal and present documents and evidence (if applicable) within the time limit because of the Court of first instance determined but not more than five working days from the date of the notice of appeal the Court's order statement of the reason for appeal expired. The courts can communicate directly or send this text to the appellants by post.


"Reason" is a case of force majeure or other objective obstacles (such as: due to natural disaster, flood; illness, accidents are treated in hospitals, ...) to make the appeal could not make the appeal within the law.

2. The Court of first instance must send your appeal, your statement about the reasons for the appeal and the documents and evidence (if any) to prove the reason for appeal expired for the Court of appeal to appeal expired. If in the case only appeal expired, there is no other appeal, no appeal, the Court of first instance has not yet had to submit the case file to the Court of appeal.

3. Appeal may be accepted, if there is reason to be directed in paragraph 5 of this Article.

4. Review the reason for appeal expired must be done before opening the appellate does not depend on the outside of the litigants to appeal expired, in case there's also the appeal of the other litigants in the time limit specified in article 245 of the CPC or the protest of the Prosecutor specified in article 252 of the CPC; Therefore, when you receive the case file has many appeals, the Court of appeal must examine any appeals have expired or not. If yes then you have to consider the reasons of the appeal expired before the opening of the trial.

5. within ten days from the date of the appeal and the documents, evidence, the Court of appeal established the Council of three judges to consider an appeal expired. In case of need the appeal expired has the right to convene the appeal expired to additional presentation session about why the appeal expired or require them to provide additional papers, documents attest to the appeal of his delinquent is there reason. Procuracy representative the same level joins the session, consider the reasons for appeal expired with regard to the case of Procurator must join the appellate prescribed in clause 2 Article 264 of CPC.

Before the appeal expired, a member of the Council outlined the content summary appeal expired, the documentary evidence to prove the reason for appeal expired. If the appeal expired was summoned to the session, the Board of review appeal can request additional presentation reasons the appeal expired. The appeal expired has the right to decide to accept or not accept the appeal expired. The decision to accept or not accept the appeal expired must be sent immediately to the Court of first instance and the appeal expired. Cases get decided to accept the appeal expired of the Court of appeal, the Court of first instance must be notified under the provisions of article 249 of the CPC and the guidance in article 8 of this resolution. The Court of first instance must proceed with the procedures prescribed by the CPC and send the case file to the Court of appeal (if the case file is still in the Court of first instance).

6. Judges of courts of appeal have joined the appeal expired may still join the Board of appeals of the case under the General procedure.

Article 7. Advance notice of appeal court fees specified in article 248 of the CPC 1. After the acceptance of a valid appeal, if the appeal is free of court fees or not an advance payment of court fees, the appeal court of the first instance conducted the procedure of notification of the appeal and send the records to the Court of appeal as defined in clause 1 and clause 1 article 249 Article 255 of the CPC. The case they have to an advance payment of court fees, the appeal court of first instance must be notified in writing to the appeal to them an advance payment of court fees. The notice must specify the amount of the advance of the appellate court fees payable, where the payment deadline, the money and the consequences of not an advance payment of court fees. Advance notice of appeal court fees directly or sent to the appellants by post.

2. within ten days from the date of the notice of the Court regarding an advance payment of court fees appeal, appellants must submit advance payment of court fees and filed with the Court of first instance receipt of an advance payment of court fees. If this time limit expired that appellants did not advance the appellate court fees without good reason, it shall be considered that they abandoned the appeal.

"Reason" is the case be instructed in clause 1 article 6 of this resolution.

3. In the case after the expiry of ten days, the new appeal filed with the courts receipt of an advance payment of court fees and no appeal of the reason delay filed receipts an advance payment of court fees, the appeal court of first instance requested the appeal within three working days from the date the Court required to make statement submitted to the Court of first instance to take on the case file. This case is treated as overdue appeal and the Court of first instance follow the instructions in article 6 of this resolution.

4. The Court of first instance did not have to proceed with the procedure of notification of appeal had considered abandoning the instructions in paragraph 2 of this Article and not have to send to the Court of appeal, except in the case also has the appeal of others, the protest of the Prosecutor.

Article 8. Notification of appeal specified in article 249 of the CPC 1. When making notification of the appeal, the Court of first instance was not informed of the appeal to the people who have appealed. The Court of first instance must immediately notify in writing to the Procuratorate at the same level and the relevant litigants to appeal (if the appellate case because the appeal related to the rights, obligation of litigants it) know about the appeal.

2. Litigants are informed of the appeal have the right to submit documents stated his opinion about the content of the appeal to the Court of appeal. The text of the opinion is notified must be saved to the profile of the case. The case was reported to send text stated their opinion about the content of the appeal to the Court of first instance that the case file not yet submitted to the Court of appeal, the Court of first instance put this text into the case file and sent to the Court of appeal; If the case file submitted to the Court of appeal, the Court of first instance must send it to the Court of appeal to take on the case and consider when appeals judges.

Article 9. As a result of the appeal, the appeal provisions of article 254 of the CPC of the verdict, the decision of first instance being appealed, the appeal has the effect of law, from the date of expiry of the appeal, the appeal and was executed when the following conditions: a) independent of the part of the judgment the decision of the first instance was appealed, the appeal;

b) The appeal, the appeal against the judgment of the first instance decision was appealed, the appeal is not relevant to the part of the judgment, the decision of first instance being appealed, the appeal.

For example, In judgement No. 35/2013/HNGĐ-ST on 15-02-2013, H district people's Court, the HT decided to give him A divorce she B; delivered Ms. B Shepherd, nurturing, caring, educating the public is I C, you must have the obligation to support A child per month and 200,000 share the common property of the spouses for A brother and sister B. after hearing of first instance you A do not appeal, the Procurator does not protest. Ms. B's only appeal the judgment of the first instance of the decision to divide the common property of the spouses.

So, the part of the judgment of first instance about the divorce between England A and B; about caring, nurturing, care, child education, child support obligation after divorce not to appeal, protest, independent of the judgments of the first instance being the sister B appeal and the appeal judgement of the first instance of this section is not relevant to the part of the judgment of first instance being appealed protest; so the part of the judgment of first instance being appealed, the appeal has the effect of law and be enforced.

Article 10. Send the case file and the appeal, the appeal provided for in Article 255 of the CPC 1. The Court of first instance must send the case file, appeal, appeal, documents, and evidence for the Court of appeal within a period of five working days from the date of expiry of the appeal, the appeal, if the appeal is not an advance payment of court fees and appeals in the case there is no other person appeal.

2. If the appeal is an advance payment of court fees, the appeal period of five working days to the Court of appeals sent the case file, appeal, appeal, documents, and evidence for the Court of appeal is calculated from the day the person filed the appeal to the Court of first instance receipt of an advance payment of court fees.

3. If there are many appeals and they are all to an advance payment of court fees, the appeal period of five working days to the Court of appeals sent the case file, appeal, appeal, documents, and evidence for the Court of appeal is calculated from the date of the last submitted to the Court of first instance receipt of an advance payment of court fees.

Article 11. Change, addition, withdrawal of the appeal, the appeal provisions of article 256 of the CPC 1. About changing, supplementing the appeal, the appeal should distinguish as follows: a) the case is still the time limit for the appeal, the appeal provisions in Articles 245 and 252 of the CPC, the appellants, the Procurator has the appeal has the right to change, complement the contents of the appeal, the appeal for the entire judgment or judgments that I have the right to appeal protest.

The case of the appellant, the Prosecutor withdrew a part or the whole of the appeal, the appeal but then have to appeal, an appeal that is still within the time limit to appeal, protest, was accepted to appeal under the General procedure.

b) where did the expiry of the appeal, the appeal under the provisions of article 245 and 252 of the CPC, then before the start of the trial or appellate, appeal the Procuracy has the appeal has the right to change, complement the appeal, but the appeal does not exceed the scope of the appeal the appeal, sent to the Court within the time limit for appeal or protest.

2. About the withdrawal of the appeal or protest.


a) the Court of appeal decision suspending appeals for those parts of the case which the appellant withdrew the appeal or the Procuracy withdrew the protest when the following conditions: the a1) The appellant to withdraw an appeal or to institute prosecution withdrew the appeal in case no longer have the appeal of other people , no protest of Procurator for the portion of the judgment, the decision of the first instance.

judgment Part A2), the decision of first instance being appealed or protested that the appeal or protest that was pulled to the other part of the independent judgment of the first instance decision was appealed, the appeal and the appeal, this appeal does not relate to the verdict, the decision of the first instance of appeal or protest has been withdrawn.

For example, in the example referred to in point b of article 9 of this resolution, after the trial of the first instance, you A don't appeal, the Prosecutor did not appeal the judgment at first instance that only Ms. B appeals the judgment of the first instance of the decision to divide the common property of the spouses. Before opening the appellate or at the appellate trial if she B withdraw the appeal, the Court of appeal decision suspending appeals for parts of the case that Ms. B had to withdraw the appeal because in case no appeal of others, without the protest of the Prosecutor.

He is also A case to appeal the judgment of the first instance of the decision to divide the common property of the spouses by reason of the Court of first instance decision forcing A must pay some debts that Ms. B loans not used for public purpose of husband and wife, although my sister B withdrawal of appeal , then the judgment of first instance that she can still appeal withdrawal B regarding the judgment of first instance was A British appeal. Therefore, in this case the Court of appeal did not decide to suspend for the appeals of the case that Ms. B had to withdraw the appeal.

b) where the appellant withdrew the entire appeal and Procurator to withdraw the entire protest before the start or at the trial (in which case no longer appeal, protest), then the appeal must be suspended. Before the opening of the trial the suspension decision by the appellate judges be assigned to preside the trial implementation, at the trial because the trial done. The judgment of the first instance of legal effect, since the Court of appeal decision to suspend the appellate trial.

3. On the form change, addition, withdrawal of the appeal or protest.

a) changing, supplementing, withdrawal of the appeal, the appeal before the opening of the trial must be made in writing and sent to the Court of appeal.

The Court of appeal must be notified in writing of the change, addition, withdrawal of the appeal, the appeal for the litigants to know according to the provisions in paragraph 3 to article 256 of the CPC and the guidance in article 8 of this resolution, and to conduct the work in accordance with the CPC to open trial appellate case for appeal protests, part of the appeal, the appeal remains under the General procedure.

b) changing, supplementing, withdrawal of the appeal, the appeal in the trial must be recorded in the minutes of the trial. The Court of appeal further appellate case according to common procedures for the appeal, the appeal has to be modified, added and part of the appeal, the appeal remains.

Article 12. About the case to appellate prescribed in clause 2 Article 257 of the CPC 1. Within three working days from the date of the case, the Court of appeal must be notified in writing to the litigants to appeal and Procurator at the same level on the Court to have the case under model number 12 attached to this resolution.

2. The assigned judge presiding is done as follows: a) for province-level courts, Chief Justice of the Court may be delegated to a Deputy Chief Justice or the Chief court authorization or Associate Chief Justice the Court established the Council of appellate and assigned to a judge who presided the trial.

b) with regard to the Court of appeal of the Supreme People's Court, the Chief Justice of the Court may delegate to a Council Court of appeals judges and assigned a judge presided the trial.

c) When assigning judges to join the Board of appeals, then the need to continue the assignment judge joined the appeal expired. The assignment is not a decision.

Article 13. The time limit for pretrial preparation of appeal specified in article 258 of 258 Articles of CPC CPC regulations on the time limit for pretrial preparation of appeal; Therefore, the time limit stipulated in this Article are all charged in the time limit for pretrial preparation of appeal. Depending on the specific case of the time limit for pretrial preparation of appeal is calculated as follows: 1. The case has decided to take the case to trial a) If not extend the time limit for pretrial preparation, the time limit for pretrial preparation for a maximum of two months from the date of the court case.

b) If to prolong trial preparation for the case or due to the complex nature of objective obstacles, the time limit for the preparation of appeals to a maximum of three months from the date of the court case.

c) In the case of instructions at point a and point b of paragraph 1 of this article that the trial was not open in the time limit of one month from the date of a decision bringing the case to trial because of that reason, the time limit for pretrial preparation for each case plus the maximum is one month.

2. The event has decided to temporarily suspend the appellate civil case.

The case has decided to temporarily suspend the appellate civil cases, the time limit for pretrial preparation ended on a decision to temporarily suspend. The time limit for pretrial preparation of appeal started again, since the Court of appeal further appellate case as the reason for suspension no longer exist.

3. On the extension of the time limit for pretrial preparation of appeal.

For the case or due to the complex nature of objective obstacles specified in clause 1 Article 258 of the CPC that the time limit for the preparation of appeals most of (the time limit for the preparation of appeals judges left no more than five days) and the judge be assigned preside the trial found that the case should not be up complex was one of the decisions specified in paragraph 1 to article 258 of the CPC, the need to report immediately to the Chief Justice of the Court of appeal to a decision to extend the time limit for pretrial preparation of appeal. The extension of the time limit for the preparation of appeals judges not to be too defined period at the end of paragraph 1 to article 258 of the CPC and the instructions at point b and point c of paragraph 1 of this article. The expiry was renewed, the judge is assigned master set the trial to one of the decisions provided for in paragraph 1 to article 258 of the CPC.

The determination of the case, the complex nature of objective obstacles, reason is done according to the instructions in the article 14 of resolution No. 05/2012/hdtp on 03-12-2012 Board of judges of the Supreme People's Court to guide the implementation of the provisions of the second part "the procedure of the case in the Court of first instance" of the code of civil procedure was modification according to the law on amendments and supplements to some articles of the code of civil procedure.

4. Judges assigned presiding appellate decision to take the case to appeal. The decision to form the number 13 attached to this resolution.

The decision to take the case to appeal must be sent immediately to the Procuratorate at the same level and those relevant to the appeal, the appeal after the Court decision, irrespective of the case which the Procuratorate at the same level has involved appellate or not.

Article 14. Turn the case file to the Prosecutor's Research Institute prescribed in article 262 of the CPC the same Procuracy case involved the appellate level, the Court of appeal sent the case file, together with the decision to take the case to appeal for the Procuratorate according to guidelines in circular No. 04/2012/TTLT-TANDTC-VKSNDTC on 01-Aug-2012 guide implementation of a specified number of the code of civil procedure regarding the Prosecutor comply with law in civil proceedings.

Article 15. The scope of appeals stipulated in article 263 of CPC "is relevant to the consideration of the content of the appeal, the appeal" is the case the resolution of the appeal, the appeal for this part of the verdict, the decision of first instance require consideration, addressed at the same time another part of judgment the first instance decision, which although not part of this appeal, the appeal.

For example, In judgement No. 45/2013/DS-ST 17-3-2013 district people's Court, K, the TN decided to treat divided his inheritance N for years under the law of inheritance he N. Court of first instance decided the heir N must fulfill the obligation of property because he N leave for him B. After the first instance trial He B appeal a judgment of the first instance part of the payment obligation of the property that the successor N must make for him due to his heritage in block B N leave.

In this case the resolution of the appeal of Mr. B requires the simultaneous consideration of judgment part divided his inheritance to inherit in accordance with the provisions of the civil code in 2005 who is inheriting responsibility to service the assets within the scope of the legacy left by the person who died.

Article 16. Regarding appellate delay specified in article 266 of the CPC Work postponed the trial of appeal made under the provisions of article 266 of the CPC.

1. In any event, the appellants, who have rights, obligations relating to the appeal, protest, the protection of the rights and legitimate interests of them absent, then the appellate Council is adjourned the trial without distinguishing them is absent there is reason or no reason unless they have the menu suggested a trial in absentia, the Court still conducting a trial in absentia.

2. The appeal was duly summoned to the second that is still absent not because of force majeure events shall be deemed abandoned the appeal and the Appeals Council decision to suspend the appellate case of appeal of appellants absent (if in case no other appeal).


The case has many appeals that had the appellants in the case prescribed in clause 3 Article 266 of the CPC, the Appeal Board conducted case appeals under the General procedure for appeal of the appellants present at the trial.

The case has many appeals that had the appellants absent in the cases provided for in paragraph 3 to article 266 of the CPC and the case has the appeal of the appellant that the absence of independent and not related to other parts of the judgment being appealed, the appeal, then the Appeal Board suspend the appeals judges for the case to be appealed by the person appeal absent without a separate decision in writing, but is clearly in the judgment.

The Court of appeal also have to postpone the trial for a absences appeal in the appellate trial if in case the instructions in paragraph 3 Article 28 resolution No. 05/2012/hdtp on 03-12-2012 Board of judges of the Supreme People's Court to guide the implementation of the provisions of the second part "the procedure of the case in the Court of first instance" of the proceedings the population was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure.

In deciding to suspend the appeal must specify the verdict, the decision of the first instance of legal effect.

3. for participants in other proceedings is not the absence of the appellant at the trial, the delayed trial or appellate proceeding still made according to the provisions in articles 199, 202, 204, 205 and 206 of the CPC and the guidance in article 27 and article 28 of the resolution No. 05/2012/hdtp on 03-12-2012 Board of judges of the Supreme People's court direction led the implementation of the provisions of the second part "the procedure of the case at the Court of first instance" of the code of civil procedure was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure. Participants in other proceedings must be relevant to the appeal, the appeal under the provisions of article 263 of CPC, the Court of appeal recently reviewed the postponed trial. If they are not relevant to the appeals judges (their obligations, rights independent of consideration of appeals and protests) the Court of appeal did not have to consider postponing the trial.

4. where the Board of appeal the appellate delay, then the deadline postponed the trial and adjourned the appellate decision is made according to the provisions of article 208 of the CPC and the guidance in Article 29 resolution No. 05/2012/hdtp on 03-12-2012 Board of judges of the Supreme People's Court passed some provisions in the second part "procedures to resolve the case at the Court of first instance "of the code of civil procedure was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure.

Article 17. Prepare the opening of the appellate procedure and appellate prescribed in article 267 of the CPC to prepare the opening of the appellate procedure and appellate also made according to the provisions of article 212, 213, 214, 215 and 216 of the CPC. Therefore, when preparing the opening of appellate procedure and appellate, Appeal Board to enforce strictly the provisions of the aforesaid law of the CPC and the guidance in article 31 resolution No. 05/2012/hdtp on 03-12-2012 Board of judges of the Supreme People's Court passed the provision in part two " solve the case at the Court of first instance "of the code of civil procedure was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure.

Article 18. The plaintiff withdrew the petition before the Court or in the Court of appeal specified in article 269 of the CPC 1. The withdrawal of the petition of the plaintiff before trial must be made in writing. The withdrawal of the petition of the plaintiff at the trial was not made into text, but must be recorded in the minutes of the trial.

2. within the plaintiffs have the right to appeal, if the plaintiff withdrew the petition, the Court of first instance should have to explain to them the consequences of the defendant not to agree to them to decide whether to appeal or to withdraw the petition.

The case of the plaintiff decided to withdraw the petition, the Court of first instance must be notified in writing to the defendant and asked the defendant must reply in writing to the Court of first instance about whether they agree or not agree within five working days from the date of the notice of the Court. Depending on the results of the defendant replies that resolved as follows: a) the case of the Court of first instance received the text of the reply of the defendant does not consent to the withdrawal of the petition of the plaintiff and of the time limit for the appeal, the appeal does not have the litigants would appeal, the Procurator not protest , then the withdrawal of the petition of the plaintiff, of course, cannot be accepted. In this case the judgment of first instance was considered not to appeal, protest and legal effect from the date of expiry of the appeal or protest.

b) where the Court of first instance received the text of the reply of the defendant agreed to the withdrawal of the petition of the plaintiff, regardless of the time limit for the appeal, the appeal has any appeal or litigants Procurator protest or not, the Court of first instance must send the case file and the appeal protest, writing to withdraw the petition for the Court of appeal to the Court of appeal pursuant to article 269 of the CPC opened the trial of the case under the General procedure.

3. where the litigants appeal (including plaintiff) or procurator have appeal, but before the opening of the trial or appellate plaintiffs withdrew the petition, the Court of appeal of the case prescribed in clause 1 Article 269 of the CPC.

4. When the Court of appeal decision to quash the verdict of first instance and the suspension of the case as defined in point b of paragraph 1 to article 269 of the CPC, based on the decision of the Court of first instance of the court fee in the judgment of first instance be canceled, the Court of Appeal decided the litigants would have to bear court fees and court fees at first instance. For this case the litigants have to bear half the appellate court fees.

Article 19. The agreements of the litigants in the Court of appeal specified in article 270 of the CPC 1. Open the case before the appellate court, the litigants had agreed to be together on the resolution of the case and the litigants ask the Court of Appeal recognized the their agreement, then the Court asked litigants do text stating the content of the agreement and the submission to the Court of appeal to take into the case file. This text is considered as additional new evidence. At the appellate trial appeal must ask the litigants of their agreement is voluntarily or not and consider that agreement has left the law or social morality or not; If their agreement is voluntary, not contrary to law, morals, the trial into the discussion and deliberation rooms out of the appellate judgment correct judgments of first instance, recognized the agreement of litigants.

2. At the appellate trial if the litigants agreed to be together on the resolution of the case, then the agreement must be recorded in the minutes of the trial. If it deems the agreement of the litigants is voluntary is not contrary to law or morals, the trial into the discussion and deliberation rooms out of the appellate judgment correct judgments of first instance, recognized the agreement of the litigants.

3. in the case of instructions in clause 1 and clause 2 of this article, the Board of review needed guidance to litigants agreement on the responsibility to bear court fees at first instance; If they don't, then the Council agreement of appellate decision under the provisions of the law on court fees.

Article 20. Send the judgment, the appellate decision specified in article 281 of the CPC 1. The Court of appeal must send the judgment, the appellate decision for the person who has the appeal, people have rights, obligations relating to the appeal, protest or their legal representative and other entities in accordance with the provisions of article 281 of the CPC.

2. where to send the judgment, the appellate decision for one person is instructed in paragraph 1 of this article that they are alien to the court room judgment, decided that to foreign languages, if international treaties to which the Socialist Republic of Vietnam is a member of a decree.

Cases of litigants is the alien is a citizen of the country has not signed international treaties with Vietnam Socialist Republic but that water and the Socialist Republic of Vietnam has applied the principle of reciprocity, there again, the application of the principle of reciprocity, there again.

Article 21. The text form of the proceedings 1. Attached to this resolution the following proceedings forms: 1.1. Appeal (model No. 01) 1.2. The paper reported receiving an appeal (form No. 2) 1.3. Notice of the revised requirements, additional appeal (model No. 03) 1.4. Notice of request to present reasons to appeal expired (4) 1.5. Return the appeal notice (5) 1.6. The decision to accept the appeal expired (model No. 01) 1.7. The decision to not accept the appeal expired (model No. 12) 1.8. Advance notice of appeal court fees (model No. 08) 1.9. Notice of appeal (form 9) 1.10. Notice of the amendment and supplement of the appeal (the appeal) (10) 1.11. Notification of withdrawal of the appeal (the appeal) (model No. 11) 1.12. Notification of the case to appellate (model No 12) 1.13. The decision to take the case to appeal (form 13) 1.14. The decision to temporarily suspend the appellate civil case (model 14) 1.15. The decision to temporarily suspend the appellate civil case (model number 15) 1.16. The decision to suspend the appellate civil case (16) 1.17. The decision to suspend the appellate civil case (model No. 17) 1.18. The decision to cancel the judgment of the first instance and settling civil cases (18) 1.19. The decision to settle the appeal, the appeal against the decision temporarily suspended (suspend) case (model No. 19) 1.20. The appellate record (20)


1.21. The decision to postpone the appellate (21) 1.22. The appellate judgment (form No. 22) 1.23. Repair message, additional appellate judgements (23) 2. Litigation forms attached to this resolution only guidance on the content to the court issuing the corresponding proceedings text in the process of settling the case. When released the text of a particular proceeding, the Court must make the right content and the manual attached to the resolution, make proper guidance in circular No. 55/2005/TTLT-BNV-VPCP on 06 May 2005 of the Ministry of the Interior-Office of government guidance on Protocol and techniques presented in the text and circular No. 01/2011/TT-BNV on 19-01-2011 by Interior Ministry Guide forms and techniques of presenting administrative documents.

3. In the course of using the sample text of the proceedings, if necessary modify, supplement or issued new then the proceeding text sample reports for the Council of judges of the Supreme People's Court.

The Council of judges of the Supreme People's Court delivered to the Institute of trial Sciences Supreme People Court research, drafting the revised proceedings forms, additional or new proceedings forms the Chief Justice of the Supreme People's Court signed.

Article 22. Effect 1. This resolution was the Council of judges of the Supreme People's Court passed on 3-12-2012 and is effective since 1 July 2013.

Resolution No. 05/2006/hdtp June 4-8-2006 by the Council of judges of the Supreme People's Court passed a number of provisions in part three "procedures to resolve the case in the Court of appeal" of the civil procedure law and guidance on the issues that have been directed at the resolution of the Supreme People's Court issued before the date of this resolution have effect off effect since 1 July 2013.

2. With regard to the service, civil marriage and the family, the economy, labor, that the Court was accepting but not yet on trial at first instance, appellate, cassation trial or retrial shall apply the guidance in this resolution to resolve.

As for the verdict, the decision of the Court has legal effect before the date of this resolution have effect shall not apply the guidance in this resolution to protest under procedure of Cassation or retrial, unless there are other protest base./.