ORDINANCE on procedures for settling economic cases To resolve legal, timely economic lawsuits intended to protect the interests of the State, the legitimate rights and interests of individuals, legal entities;
Pursuant to article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;
This Ordinance regulates the procedure of resolving the economic case.
 
Chapter I GENERAL PROVISIONS article 1. The right to ask the Court to protect the rights and legitimate interests of individuals, legal entities, according to the procedure prescribed by law, have the right to sue the economic case to ask the Court to protect the rights and legitimate interests.
Article 2. The right to dispose of the petitioner has the right to withdraw the lawsuit, changing the content of the lawsuit. The litigants have the right to reconcile with each other.
Article 3. The burden of proof litigants are obliged to provide evidence and demonstrate to defend their rights.
Article 4. To verify, collect evidence When necessary, the Court can verify, collect evidence to ensure the resolution of the case was correct.
Article 5. Responsible for reconciliation of the courts in the course of the case, the Court has the responsibility to reconcile the litigants agreed with each other about the case.
Article 6. Equality of rights and obligations between the litigants The litigant equality of rights and obligations in the process of settling the case.
Article 7. The public trial of economic cases be tried publicly, except for the need to preserve state secrets or secrets of privy to their legitimate request.
Article 8. The voice, the handwriting used in the process of resolving the voices, the handwriting used in the process of resolving is Vietnamese.
The participants in proceedings have the right to use the voice, writing of his nation.
Article 9. The representatives authorized by the litigants can authorize a lawyer or other person representing themselves to participate in the proceedings.
Article 10. The effect of the judgment, the decision of the Court judgment, the decision of the Economic Court's case has legal effect must be State agencies, organizations, social organizations, people's armed units and people respect; individuals, agencies, organizations are obliged to obey the judgment, the decision of the Court must strictly observance.
Article 11. Prosecutor obey the law in the process of resolving the people's Procuracy Prosecutor obey the law in the process of resolving the economy according to the provisions of the law on organization of people's Procuracy and of this Ordinance.
 
CHAPTER II-JURISDICTION of the COURTS of article 12. The economic crime Department in the jurisdiction of the Court the Court has jurisdiction to resolve the case of the following: 1 the economy-The economic contract disputes between legal entities with legal personality, between legal entities with registered personal business;
2-The dispute between the company with members of the company, among the members of the company with each other concerning the establishment, operation, dissolution of the company;
3-other disputes concerning the purchase and sale of stocks, bonds;
4-other economic disputes under the provisions of the law.
Article 13. The jurisdiction of the courts of the level 1-district courts, County, town or city in the (District Court) settlement according to the procedure of first instance economic contract disputes that dispute value below 50 million, unless the foreign factors.
2-people's Court, the central cities (known as provincial courts) resolved under the procedure of first instance economic cases are prescribed in article 12 of this directive, except in the cases under the jurisdiction of the District Court. In case of necessity the Court may take up to resolving the economy under the jurisdiction of the District Court.
Article 14. The jurisdiction of the Court according to the territory's courts have jurisdiction at first instance the economic case is the Court where the defendant, headquartered or domiciled; in the case of the case only in relation to property, the Court where the property settlement.
Article 15. The jurisdiction of the Court according to the choice of the plaintiff plaintiffs courts the option to require resolving in the following cases: 1-If not known head office or the domicile of the defendant, the plaintiff may ask the courts which has the property, where the head office or the domicile of the final defendant to settle the case;
2-If the case arises from the operation of the branch business, then the plaintiff can ask the Court of the place where the business is based, or where that branch of the case;
3-If the case arises because of breach of contract the economy, then the plaintiff can ask the Court where execute the contract resolving;
4-If the defendant has its headquarters or place of residence is different, then the plaintiff can ask the Tribunal headquarters or place of residence of one of the defendant of the case;
5-If the case is not only related to the property, then the plaintiff can ask the courts where there is real estate, where the head office or residence of the defendant to settle the case;
6-If the case related to a property in many different places, then the plaintiff can ask the Court in one of the places that solved the case.
Article 16. Transfer the case to another court; disputes about competence 1-court case to transfer the case file to the competent court immediately after the detection of the case not in his jurisdiction.
2-disputes on jurisdiction by the Court on the direct settlement.
 
CHAPTER III The BOARD Of REVIEW. CHANGE the judge, JURORS, the PROSECUTOR, the clerk of COURTS, the EXAMINER, who TRANSLATED article 17. Trial 1 to trial of first instance composed of two judges and a Panel.
2-the Council of three appellate judges.
3-the trial of Cassation, retrial of the economic Tribunal of the Supreme People's court composed of three judges.
4-the Committee of judges and the Council of judges of the Supreme People's Court, the Committee judges the Court when trial under procedure of Cassation or retrial should have at least two-thirds of the total number of participants.
5-trial say at points 1, 2 and 3 of this article the decision by majority. The decision of the judges Committee and the Council of judges of the Supreme People's Court, the provincial court judge to be too half total membership voting approval.
Article 18. Change the judge, jurors, Prosecutor, court Secretary, examiner, translator 1-judge, jurors must refuse to conduct the proceedings or altered, if: a) is privy, or the protection of the rights of litigants, like relatives of the litigants, who testified in the case;
b) has participated in the same case as the Prosecutor, the clerk of courts, the examiner, translator;
c) got involved to solve the same case as the judge, jurors, except the members of the Committee of judges and the Council of judges of the Supreme People's Court, the Committee judges the Court, then be joined for trial several times the same case under the procedure of Cassation , a retrial;
d) In a trial in which the judge, the jurors are the ones you love with each other;
DD) based shows they can not indifferent when on duty.
2-Prosecutor, clerk of courts, the examiner, the translator must refuse to participate in the proceedings or altered, if: a) has joined the proceedings the same case at the trial level;
b) specified in the base point a, paragraph 1 of this article.
Article 19. The sequence and the authority to change the judge, jurors, Prosecutor, court Secretary, examiner, translator

1-before the opening of the trial, the change of judges, jurors, court clerk, the examiner, the interpretation by the Court of Chief Justice decide; changing the Prosecutor by Minister Prosecutor decision and if the Prosecutor changed as Minister the Prosecutor then Minister superior prosecutor to decide.
2-at the trial, the change of judges, jurors, trial Secretary, examiner, the interpretation by the Board of review to decide, after hearing the opinion of the people being asked to change. In no case replace immediately, then the trial decision adjourned the trial;
In the case of trial see the need to change, then the decision to postpone the trial. The other Prosecutor nominated by the Minister the Prosecutor the same level or upper level decisions.
CHAPTER IV PARTICIPANTS in PROCEEDINGS article 20. The litigants 1-individual, legal person involved in the proceedings as plaintiff, defendant or person having an interest, related obligations.
2-is the individual litigants themselves or can authorize others to exercise their rights, obligations in the course of the case.
3-Privy is done right, the legal obligation of the proceedings through a representative under the law or under the authorization.
Article 21. Rights, obligations of litigants proceeding 1-plaintiff has the right to change its requirements. The defendant has a right against the plaintiff's requests or requirements relevant to the plaintiff's request. People have rights, obligations can have independent inquiries or proceedings with other litigants.
2-The litigants have the right to: a) to give evidence, is known about the evidence that other litigants;
b) requires courts to apply provisional measures;
c) participate in the trial;
d) require a change of judges, jurors, Prosecutor, court Secretary, examiner, translator;
DD) reconciliation with each other;
e) argue at the trial;
g) to appeal the verdict, the decision of the Court;
h) requires that people have the right to protest the verdict, decision under the order of Cassation, retrial.
3-The litigants are obliged: a) provide adequate, timely the necessary evidence related to its request;
b) to be present according to the summons of the Court. The defendant has been duly summoned to the second that is still absent without good reason, the Court may impose a fine of fifty thousand to a hundred thousand Dong Dong;
c) accepted the rules of the trial.
Article 22. The representative authorized by the equivalent 1-authorized Users only made these acts within the scope of the authorization.
2-The authoritative proceedings must be made in writing.
Article 23. The protection of the legitimate rights and interests of litigants-litigants 1 yourself or ask a lawyer, Member or other person to protect the legitimate rights and interests.
2-person can protect the rights and legitimate interests for many litigants in the same case, if the legal rights and interests of those that are not in opposition to each other.
3-The protection of the legitimate rights and interests of litigants have the right to: a) to participate in the proceedings from the petitioner;
b) suggested to change the judge, jurors, the Prosecutor, the clerk of courts, the examiner, the interpreter as defined in chapter III of this Ordinance;
c) provide evidence, proposed requirements, read the case file, recording the points required in the profile.
4-The protection of the legitimate rights and interests of litigants are obliged to use the litigation rights prescribed by law to contribute to clarify the facts of the case.
Article 24. The examiner 1-When necessary, the Court itself or at the request of the examiner, referendum Procurator can themselves or at the request of the litigants on judge.
The examiner must be present according to the summons of the Court, procurator.
2-the examiner has the right to learn the materials of the case are related to object to the assessment, required the referendum provided inspection the documents necessary for the assessment, participated in the debate and ask questions about matters relevant to the inspection object.
3-The examiner or referendum request the Court, Procurator himself referendum expertise to advance the cost of the assessment.
People who lose must bear the costs of the assessment, if the assessment results mean for the resolution of the case. If the assessment results do not mean for the case, then the required referendum examiner or the Court, the Procurator himself referendum examiner must bear the costs of the assessment.
Article 25. Witnesses 1-who know the relevant to the case can be the courts, Procuracy summoned to testify. Witnesses are obliged to present all honesty what he knew about the case and are responsible for the lyrics of his presentation.
Witnesses must be present according to the summons of the Court, procurator.
2-the person who asked the Court to summon witnesses to an advance payment of costs for witnesses.
The lost expenses for witnesses, if the witness has implications for the settlement of the case. If the witness has no significance for the case, then the person asked to summon witnesses must bear the costs for witnesses.
Article 26. Translator 1-in the case of participants in the proceedings cannot be used, the responsible Court of Vietnamese people.
2-translator is obliged to be present according to the summons of the Court and the interpreters honest.
3-Who lose must bear the costs of translation.
Article 27. Successor rights and obligations proceedings 1-If the deceased individual is privy to which rights and obligations regarding their property is inherited, the heir to the proceedings.
2-If the litigant is the entity to which the legal merger, Division, dissolution of the individual, legal entity inherits the rights and obligations of the legal person has the rights and obligations of legal proceedings.
3-the successor rights and obligations proceedings can be accepted in any Court of any stage in the process of resolving economic.
Article 28. Proceedings of the people's Procuracy 1-in the process of resolving economic, procurator has the right to participate in the proceedings from any stage, if it deems necessary.
4-the court sends the same Procuracy copies the verdict, the decision of the court right after the text; transferred to the Procuratorate case file for review under the procedure of Cassation, appeal or retrial at the request of the Procurator.
Chapter V COURT FEES Article 29. Court fees The litigants should bear court fees depending on the type of case and on the basis of the benefit, the level of their errors in relation to the law that the Court addressed. The Government, in coordination with the Supreme People's Court regulations on court fees.
Article 30. Who is an advance payment of court fees, people should bear court fees 1-plaintiff to an advance payment of court fees.
2-Person appeals by appellate procedures must advance the appellate court fees; Procurator protest under procedure of appeal is not an advance payment of court fees.
3-the courts decide the level of court fees that the party suffered.
4-in case of withdrawal of the claim before the opening of the trial, the plaintiff was paid back 50% of the advance payment of the court fee already paid.
In the case of conciliation into before opening the trial, litigants should bear only the 50% of project costs. The litigants may agree with each other on the level of court fees that each side must bear, if they do not settle the Court decision.

5-If the case were suspended under the provisions of point a, c, d, e, paragraph 1 Article 39 of this Ordinance, then the advance payment of the court fee to be remitted to the State budget.
6-If the resolution of the case is temporarily suspended, the court fee to be decided when the case was continued.
CHAPTER VI to SUE, the CASE article 31. Sue case 1-the petitioner must request the Court resolving the six-month period in the economy, since the dispute arose, unless the law otherwise.
2-claim to have the following content: a) the day, month, year written single;
b) courts are asked to solve the case;
c) name of plaintiff, defendant;
d) the address of the plaintiff, the defendant; in the case of the defendant's address is unknown, the address where the head office or the last residence of the defendant;
DD) summary of content disputes, the value of the dispute;
e) the process of negotiation of the parties;
g) proposed requests the Court to consider, resolve.
3-a lawsuit by the plaintiff or the plaintiff's representative. Attached to the lawsuit to have the documents for the request of the plaintiff.
Article 32. Return the claim the Court returned the petition in the following cases: 1-the petitioner had no right to sue;
2-time has run out;
3-the incident was resolved by the judgment or the decision has force of law courts or other competent authorities;
4-The work is not in the jurisdiction of the Court;
5-incident were parties before the agreement is to be resolved by arbitration.
Article 33. The case if the Court deems the case in his jurisdiction, it shall notify the plaintiff said. Within seven days from the date of notification, the plaintiff must file the advance payment of the court fee prescribed by law and the courts in the case book on the plaintiff to present testimony from about an advance payment of court fees.
CHAPTER VII the PREPARATION of REVIEW Article 34. The time limit for pretrial preparation 1-within ten days from the date of the case, the Court must inform the defendant and who have rights, obligations relating to know singles event.
Within ten days from the date of the notice, the defendant and who have rights, obligations relating to send their comments to the Court in writing of the claim and other documents relevant to the resolution of the case.
2-within a period of forty days from the date of the case, the judge is assigned master set the trial to one of the following decisions: a) bringing the case to trial;
b) temporarily suspend the resolution of the case;
c) suspended the settlement of the case.
For the complex case, the time not more than sixty days.
3-within ten days from the date a decision bringing the case to trial, the courts must open the trial; in the case of justifiable reasons, the term of which not more than twenty days.
If the Procuratorate to join the trial at first instance, immediately after the decision to take the case to the trial court must send the case file to the Procuratorate at the same level of research within a period of five days.
Article 35. Verifying and collecting evidence in the preparatory phase of the trial, if it deems necessary, the Court may conduct or other courts authorised to conduct verification, collect evidence to clarify the details of the case.
The courts are mandated to have the task done right the mandated and announce the results to the Court has mandated.
The collection of evidence include: a) require litigants to provide additional evidence, or the presentation of the issues necessary;
b) requires State agencies, relevant organizations and individuals to provide meaningful evidence for the settlement of the case;
c) asking the witness presented the issues necessary;
d) verified on the spot;
DD) referendum examiner;
e) asking price or professional bodies Council of property valuation dispute.
Article 36. Reconciliation 1-before opening the trial, the Court reconcile to the litigants may agree with each other about the case.
2-plaintiff, defendant, whose rights, obligations relating to be present when the reconciliation.
3-When the litigants agreed with each other about the case, the Court established thereon and conciliation decision recognized the agreement of the litigants and this decision has the effect of law.
In the case of the litigant could not deal with each other, the Court established a reconciliation failed and the decision to take the case to trial.
Article 37. The decision to bring the case to trial decided to bring the case to trial to have the following content: 1-day, month, year, location, open the trial;
2-The trial is conducted publicly or sealed;
3-the name of litigant, the participants in the proceedings;
4-the content dispute;
5-They and the name of the judge, jurors, the clerk of the trial; they and the names of the Prosecutor, if the Procurator to join the trial.
Article 38. Temporary suspension of the resolution of the case 1-the Court decided to temporarily suspend the resolution of the case in the following cases: a) the plaintiff or defendant is deceased individuals, legal entities were dissolved without having legal personality, individual inheriting the rights and obligations of the proceedings;
b) expiry Were preparing for trial that one of the litigants could not be there for good reason;
c) have yet to find the address of the defendant or the defendant fled;
d) Should expect results to solve criminal cases, civil cases and other economic crime;
DD) had the Court accepting the petition declared bankrupt business, that business that is the equivalent of the case;
e) in the case of related business that discovered the business bankruptcy status; in this case the court notice to creditors, the business owners know.
2-the courts continued to conduct the case as the reason for suspension is no longer in.
3-the decision to temporarily suspend the resolution of the case could be appealed, the appeal.
Article 39. Suspension of the case 1-the Court decided to suspend the resolution of the case in the following cases: a) the plaintiff or defendant is deceased that personal rights, their obligations not to be inherited, legal personality was dissolved without legal heirs, personal rights obligations of the proceedings;
b) the petitioner withdrew a lawsuit;
c) plaintiff was duly summoned to the second which remains absent;
d) things have been solved by a judgment or decision has the legal effect of the courts or other competent authorities;
DD) time limit for claims on the Court before the end of the case;
e) not in the jurisdiction of the Court;
g) has decided to open court's procedure for resolving a request to declare bankrupt business, that business which is privy to the case.
2-decided to suspend the resolution of the case could be appealed, the appeal, except in cases specified in point b of paragraph 1 of this article.
Article 40. Send decided to take the case to trial when it has decided to bring the case to trial, the Court must send the right decision for the Procuratorate at the same level, the litigants, who defend the rights of litigants.
CHAPTER VIII PROVISIONAL MEASURES Article 41. applying provisional measures 1-litigants have the right to petition the Court to make the decision to apply provisional measures to preserve evidence, secured the executed projects and be responsible before the law for their claims; If there is an error in the damage to compensate.

In the course of the case, the Court itself or at the request in writing of the Prosecutor may decide to apply provisional measures and must take responsibility for that decision. If do decide to apply provisional measures against the law that cause damage, they must compensate.
The application of provisional measures can be conducted at any stage in the process of settling the case.
2-request to apply provisional measures must be reviewed in court three days from the date of the request. If accepted the request, the Court now decided to apply provisional measures.
Article 42. Provisional measures The provisional measures include: 1-levy of property dispute, blocked the account;
2-non or forcing litigants, organizations, and individuals make some certain behavior;
3-For harvesting and storage is related to the dispute;
4-for the sale of products, goods easily damaged.
43 things. Change or revoke provisional measures 1-provisional measures may be modified or cancelled.
2-changing or cancellation of provisional measures before the opening of the trial by the judge assigned to the case decided, at the trial because the trial decision.
Article 44. The complainant decided to apply provisional measures 1-the decision to apply provisional measures be enforced immediately.
2-The litigants have the right to appeal, the Procurator has the right recommendations to Chief Justice courts are resolving about decided to apply provisional measures.
Within three days of receiving complaints, Petitions, Chief Justice courts are resolving must consider and answer.
CHAPTER IX of the TRIAL of FIRST INSTANCE Article 45. The participants of the trial the trial was conducted in the presence of the litigant or the litigant's representative. If the Procuratorate had asked to participate in the trial, the trial was conducted in the presence of the Procurator; If the presence of witnesses, the examiner, the translator is indispensable, the trial was conducted only when they are present.
Article 46. The trial procedures 1-after the start of the trial, presiding the trial read decided to bring the case to trial, check for the presence and identity of the persons to be summoned to the trial and explain to them their rights and duties in the trial. If the person summoned that is absent, then the trial decided to postpone or continue the trial.
2-preside the trial introduction of the members of the Board hearing, the Prosecutor, the clerk of the trial, examiner, an interpreter and explain to the participants in the proceedings said in articles 20, 22 and 23 of this Ordinance on the right to ask to change the composition of trial, the Prosecutor , Secretary to the trial, examiner, translator. If requested, the trial review and decision.
3-preside the trial explained to the examiner, the interpreter about their rights and obligations. These people warrant round obligation.
4-Person witness warrant stubs. If the witness could be influenced by the testimony of others, shall preside the trial for quarantined people testify against others before the testimony of the witnesses.
5-preside the trial asked the litigant or the litigant's representative, the prosecutor about providing more evidence or requests to summon more witnesses. If requested, the trial review and decision.
Article 47. Questioning at the trial 1-the Board of review determines the full details of the case by listening to presented by the plaintiff, the defendant, who has the rights, obligations or the representation of litigants, witnesses, the examiner; review the physical evidence.
2-when the interrogation, trial to ask first, then to the Procurator, who protected the legitimate rights and interests of litigants. The participants in proceedings have the right to propose to the Board of review the issues that need to be asked more.
Article 48. Debate at the trial after the trial ended the questioning, the litigant or the litigant's representative, who protected the legitimate rights and interests of the litigants presented the details related to the case and stated his opinion on how to resolve the case , join the debate, have the right to respond to other people's opinions, the Prosecutor presented their opinions about the case.
Article 49. Postponed the trial 1 to trial postponed the trial when: a) the equivalent of first absence have justifiable reasons, the absence of the Prosecutor in case the Procuracy has asked to join the trial;
b) witnesses of absence that should be take a statement or verify the testimony at the trial;
c) members of the Board hearing, the Prosecutor, the clerk of the trial, examiner, an interpreter is changed without the right replacement.
2-The trial is still in progress, if litigants request trial absent or Privy is not the plaintiff has duly been summoned to the second that is still absent.
Article 50. Suspension, suspension of the case at trial 1-at the trial, if the petitioner withdrew the claim, the trial decision suspending the settlement of the case. If the litigants agreed to be together on the resolution of the case, the trial decision recognized the agreement of the litigants. The decision to this effect.
2-at the trial, if the case comes in article 38 of this Ordinance, the Board of review a decision to temporarily suspend the resolution of the case or if the case say at points a, c, d, e, f and g of paragraph 1 to article 39 of this directive, the decision to suspend the case. This decision can be appealed, the appeal. The courts continued to conduct the case as the reason for suspension of the case no longer.
Article 51. Deliberation The decision of the Board of review must be the members discussed and decided by majority. When deliberation to have the minutes record the comments were discussed and decided by the Board of review.
Article 52. Judgment judgment content must have the following content: 1-day, month, year and place of conducting the trial;
2-They and the names of members of the Board hearing, the Prosecutor, the clerk of the trial;
3-the name, address of the litigants, their representative;
4-requests of litigants;
5-the proven; the evidence, legal base that the courts relied on to solve the case;
6-the decision of the Court about the settlement of the case;
7-the level of court fees that litigants must bear;
8-the right of appeal.
Article 53. Sentencing preside the trial announced full text judgments and responsible explanations for litigants to know the right to appeal and the obligation to accept the sentence.
Article 54. The decision and the content of decision 1-the court decisions to solve problems arising in the course of the proceedings.
2-decision before opening the trial because the judge was assigned to do preside the trial done. The decision at trial because the trial done.
3-the content of the decision are: a) the court hearing the case; day, month, year of decision; name, address of the litigants, the participants in the proceedings;
b) requested by litigants;
c) pursuant to the law of the decision;
d) conclusions about issues that need a decision;
DD) determine the legal acts that are personal, relevant organizations have to make;
e) rights of appeal of litigants.

Article 55. Fix, additional judgments, the Court decision was not corrected, supplemented the judgment, the decision has, unless there are obvious errors of calculation or data about spelling and must immediately notify litigants, the Procuratorate at the same level and individuals and organizations having an interest , the related obligations.
Article 56. The minutes of the trial 1-facts of the trial must be clearly reflected in the minutes of the trial. Presiding the trial examined the minutes of the trial and the same with the clerk of the trial to sign the minutes.
2-after five days from the pronouncement of the judgment day, the litigants, the representative or the protection of the legitimate rights and interests of litigants are watching the minutes of the trial, have the right to request repairs, additions thereon. Preside the trial, the clerk of the trial and who have the required sign verified the repair thing, added. If the repair request, additional minutes of the trial are not accepted, then they have the right to write their comments in writing for inclusion in the case file.
Article 57. Grant the excerpts, copies of the judgment or the decision 1-shortly after the trial ended, the litigants are court judgments or excerpts of decision about the case. The latest is seven days from the date of pronouncement of the judgment, decision, the courts give litigants a copy of the judgment or the decision according to their requirements, at the same time send to the Procuratorate at the same level.
2-If the equivalent of the absence in the trial, the Court shall immediately send them to extract the judgment or the decision on the case.
Article 58. The measures apply to the violation of the order of the trial Who violates the order of the trial, as the case may be, presiding the trial warned, fined, forced to leave the courtroom or arrested.
The people police have a duty to protect the trial and execution of the order by the presiding trial about forcing the trial order violators to leave the courtroom or to arrest violators.
CHAPTER X the APPELLATE PROCEDURES Article 59. The right to appeal, protest 1-litigant or the litigant's representative has the right to appeal the verdict, the decision to temporarily suspend, suspend the resolution of the case by the Court of first instance to the Court of requests on an appellate level.
2-head Procurator at the same level or on a level have the right to appeal the verdict, the decision of the Court of first instance.
Article 60. The content of the appeal, the appeal 1-Person appeal must make an appeal; Procuracy protested in writing.
2-in the appeal, the appeal must specify: a the content of the decision section) the verdict, the decision of the Court of first instance was appealed, the appeal;
b) reasons of appeal or protest;
c) request of the appellant, the appeal.
Article 61. The time limit for the appeal, the appeal 1-deadline to appeal is ten days from the date of the Court judgement or decision; for the equivalent of the absence in the trial then this period from the date a copy of the judgment, the decision is delivered to them or are listed in the people's commune Committee headquarters, Ward, the town where they are headquartered or domiciled.
2-the time limit for appeal of the Procuratorate at the same level as ten days, of the Institute of the superior prosecutor is twenty days from the date of the Court judgement or decision. If the Prosecutor does not participate in the trial, the time limit for appeal from the Procuracy on the same level receive a copy of the judgment or decision.
3-If the appeal or protest overdue because of objective obstacles, the time limit for the appeal, the appeal is ten days from the date of that obstacle.
Article 62. Procedure for appeal, protest 1-appeal, protest was sent to the Court of first instance to resolve the case.
2-within ten days from the date of the appeal the identification on the advance of the appellate court fees or from the date of receiving the appeal, the Court of first instance must send appeals and protests accompanied the entire case file to the Court of appeal.
Article 63. The notice of appeal, the appeal within ten days from the date of the appeal the identification on the advance of the appellate court fees, the Court of first instance must announce the appeal to the Procuratorate at the same level and for litigants who have rights, obligations relating to the appeal; Procuracy sends a copy of the protest to the litigants have rights, obligations related to the protest. People have rights, obligations relating to the appeal, the appeal is responsible for submitting to the Court of appeal of his opinions about the appeal, the appeal within seven days from the date of the notice.
Article 64. As a result of the appeal, the appeal verdict, part of the decision being appealed, the appeal not valid law. Part of the judgment, decided not to appeal, the appeal shall have the force of law.
Article 65. Verification of additional evidence before trial or appellate court, Procuracy, the appellants, who have rights, obligations relating to the appeal, the appeal has the right to supplement the new evidence.
The Court of appeal may itself or at the request of the litigants proceeding or other Tribunal mandated to conduct verification of the new evidence was added.
Article 66. The time limit for appeal within the time limit of one month from the date of receipt of application by the Court of first instance, courts of appeal are appellate trial; in case there are more complex, then the time limit that is two months.
Article 67. Withdrawal of the appeal or protest; the consequences of the withdrawal of the appeal, the appeal before the appellate or trial at the appellate trial, litigants have the appeal has the right to withdraw part or all of the contents of the appeal. Procurator have the appeal or the superior prosecutor Institutes have the right to withdraw part or all of the contents of protest and the Court decides to suspend the appellate for part or all of the contents of the appeal, the appeal has been withdrawn.
Article 68. Participants in the appellate trial 1-Procurator at the same level to participate in the appellate case of Procurator protest. As for the other case Procuratorate participated in the appellate court, if it deems necessary. If the Procuratorate participated in the trial, the case file shall be transferred to the Procuratorate for research within ten days.
2-the appellant, whose rights, obligations related to the resolution of the appeal, the appeal must be summoned to join the appellate trial.
3-the only court summons, examiners who testify as requested by litigants and when necessary for the resolution of the appeal or protest.
4-If the Procurator must attend the trial or have asked to join the trial without joining, trial postponed the trial. If the people say at points 2 and 3 of this article is absent without good reason, the Court is still in progress.
Article 69. The appellate court of appeals Sessions are conducted according to the procedure as the trial at first instance, but before considering the appeal, protest, a member of the Board of review presents the content of the case, the decision of the first instance judgment and the content of the appeal or protest.
Article 70. Powers of the Court of appeal the Court of appeal has the right to: 1-appellant, appeal and uphold the verdict, the decision of first instance;
2-modify a part or the whole of the decision of the first instance decision, judgment;
3-to cancel the judgment of the first instance decision, and forward the case file to the Court of first instance hearing in case of serious infringement proceedings or the collection of evidence by the Court of first instance did not sufficiently that the Court of appeal could not be;
4-suspension from the resolution of the case as defined in article 38 or the suspension of the case under the provisions of article 39 of this Ordinance.
Article 71. Pursuant to revised judgment, the decision of the first instance

The verdict, the decision of first instance been modified in part or in whole if: 1-the verdict, the decision of the Court of first instance against the law doesn't fit the profile of the case.
2-there is new evidence shows that the judgment of the first instance decision wrong law, not true to the facts of the case.
Article 72. The judgment of the appellate decision 1-after considering the appeal, the appeal, the Board of review Appeal judgment, the appellate decision. In addition to the content of the said article 52 and article 54 of this Ordinance, except for the provisions on the right of appeal, in a judgement, the appellate decision must specify the section to decide of judgment, the decision being appealed, the appeal, appeal, appeal content.
The judgment of the appellate decision must be the judge in the trial.
2-judgement, the appellate decision has the force of law.
3-a copy of the judgment, the appellate decision must be sent to the litigants and the people who have rights, obligations relating to the appeal, the appeal within five days from the date of the judgment or decision.
Article 73. Appeal the decision of the Court of first instance 1-when the appeal the decision of the Court of first instance was appealed, the appeal, the Court does not have to open the trial, not summoned the litigants, except the need to listen to their opinions before making a decision.
2-the Court of appeal must decide to resolve the appeal or protest within ten days from receipt of the appeal, the appeal.
3-When reviewing the decision of the Court of first instance was appealed, the appeal, the Court of appeal has the powers specified in article 70 of this Ordinance. The appellate decision has the force of law.
CHAPTER XI PROCEDURES for CASSATION Article 74. People have the right to protest under procedure of Cassation 1-Chief Justice of the Supreme People's Court, the Minister the Supreme People's Prosecutor has the right to appeal the verdict, the decision has force of law courts.
2-the Deputy Chief Justice of the Supreme People's Court, Deputy Director of the Supreme People's Procuracy has the right to appeal the verdict, the decision has force of law of the local people's Court.
3-Chief Justice of the provincial court, the Minister provincial prosecutor have the right to appeal the verdict, the decision has force of law the Court district.
Article 75. Base to protest under procedure of Cassation judgement, the Court's decision has the effect of the laws was the protest under procedure of Cassation when one of the following bases: 1-Have serious infringement proceedings;
2-the conclusions of judgements, decided not to match the details of the case;
3-there are serious mistakes in the application of the law.
Article 76. Protest and notice of protest 1-In protest under procedure of Cassation must specify the base appeal. The protest must be delivered to the Court judgment, the decision being appealed, the Court will trial of Cassation, litigants and those who have rights, obligations relating to the content of the appeal.
The Court must send the attached appeal case to the Procuratorate at the same level to research within ten days.
2-Person protest have appeals rights before trial or at the trial.
3-Person protest has the right to postpone or temporarily suspended enforcement of the judgment, the decision has force of law being protested.
Article 77. The time limit for the appeal and the time limit for hearing under the procedure of Cassation 1-the deadline to protest is nine months from the date of the judgment, the decision has the effect of law.
2-within the time limit of one month from the date of receiving the case file, the Court to open trial of Cassation.
Article 78. The jurisdiction of Cassation 1-judge Committee of the provincial court of Cassation the case that the judgment, the decision has force of law court of the district being the protest.
2-economic Tribunal of the Supreme People's Court of Cassation the case that the judgment, the decision has force of law the provincial court were protesting.
3-judge Committee of the Supreme People's Court of Cassation the case that the judgment, the decision has the effect of law in the Court of the Supreme People's Court were protesting.
4-the Council of judges of the Supreme People's Court of Cassation the case that the decision of the judge Committee of the Supreme People's Court were protesting.
Article 79. The trial of Cassation 1-trial of Cassation not to convene Privy, these people have rights, obligations relating to the appeal, except where the Court deems the need to listen to their opinions before making a decision.
2-at the trial, a member of the Board of review presents the content of the case, the content of the appeal. If the Court has summoned the participants in the proceedings, they presented their opinions before the Prosecutor presented comments on the resolution of the case. Discussion of trial and judgment, decision.
Article 80. Powers of the Board of review Cassation trial of Cassation have the right: 1-protest and keep the verdict, the decision has force of law;
2-modify a part or the whole of the judgment, the decision has force of law being protested;
3-to cancel the verdict, the decision has force of law to the trial of first instance or appeal in case of serious infringement proceedings or the collection of evidence by the Court under incomplete that the Court of Cassation could not be;
4-to cancel the verdict, the decision has force of law and the suspension of the case under the provisions of article 39 of this Ordinance.
 
CHAPTER XII RETRIAL PROCEDURE in Article 81. People have the right to protest under retrial procedure 1-Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy has the right to appeal the verdict, the decision has force of law courts.
2-Chief Justice of the provincial court, the Minister provincial prosecutor have the right to appeal the verdict, the decision has force of law the Court-level pressure.
Article 82. Base to protest under procedure of a retrial verdict, the decision of the Court has in effect been law protest under retrial procedure when one of the following bases: 1-new findings are important details of the case that the litigants could not know when the case;
2-has a proven base conclusions of the examiner, his translation of the translator is not true or have falsified evidence;
3-the judge, jurors, Prosecutor, court Secretary deliberately falsify the case file;
4-the verdict, court decisions or decisions of State bodies that rely on that Court to resolve the case was abandoned.
Article 83. The time limit for appeal; Notice the protest 1-the deadline to protest under procedure of a retrial is one year from the date of the judgment, the decision of the courts of law.
2-A protest and the case file must be sent to the Procuratorate at the same level of research within ten days.
3-a copy of the appeal must be sent to the person who has the rights, the obligations related to the protest.
Article 84. The time limit for hearing a retrial within the time limit of one month from the date of receiving the case file, the Court to open the retrial.
Article 85. The jurisdiction of retrial, the retrial of the provisions of article 78 and 79 of this Ordinance also apply to the trial of the retrial.
Article 86. Powers of the Board of review retrial of trial retrial have the right: 1-hold the judgment, the decision has force of law;
2-Cancel judgment, the decision has force of law to the trial of first instance;
3-to cancel the verdict, the decision has force of law, suspension of the case under the provisions of article 39 of this Ordinance.
CHAPTER XIII

FINAL CLAUSES Article 87. Solve economic disputes involving foreign countries the provisions of this Ordinance also apply to the resolution of economic disputes in Vietnam, if one or more parties as individuals, legal entities abroad, unless the international treaties to which the Socialist Republic of Vietnam signed or otherwise.
Article 88. Enforcement of the judgment, the decision of the Court judgments, decisions on the economic case is executed according to the Ordinance on civil enforcement.
Article 89. The effect of the Ordinance this Ordinance has effect from 1 July 1994.
The previous provisions contrary to this Ordinance are repealed.
Article 90. Guiding the implementation of the Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of his functions guiding the implementation of this Ordinance.