RESOLUTION of the COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT passed a number of regulations in the fourth "appeals" of the code of criminal proceedings 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 fourth Part "appeals" of the code of criminal procedure (hereafter abbreviated as the CRPC);
After the comments of Minister Supreme People's Prosecutor and the Minister of Justice, PARLIAMENT: i. CHAPTER XXIII "NATURE of the APPEAL and the RIGHT to APPEAL, protest" of the CRPC 1. About 231 of CRPC owner have the right to appeal and the limits of the appeal the judgment or the decision at first instance are defined as follows: 1.1. The accused, the legal representative (legal representative) of the accused are juveniles, the downside of mental or physical has the right to appeal the entire judgment or the decision of the first instance.
1.2. The excuses for the accused are minors or who has the downside of mental or physical have a right of appeal to protect the interests of the accused.
1.3. The victim, the legal representative (legal representative) of the victim in the case that the victim died or where the victim is a minor, the downside of mental or physical has the right to appeal the entire judgment or first instance decisions favorable to the accused, or in the direction of doing worse than the condition of the accused. In case the victim is only part of the Appeal judgment or the decision of first instance related to the compensation for damage, then they can be authoritative for others. Who is authorized to have the rights and obligations as the legitimate representative of the plaintiffs.
1.4. In cases where the victim has died from the two or more people are legitimate representatives of the victim (for example, father, mother, wife and child of the victim) are distinguished as follows: a) case in the process of investigation, prosecution or trial of first instance these people agreed to sent one of them on behalf of their participation in the proceedings with the as the legal representative of the victim (this consent can be expressed in the text or in their testimony), then after the trial of first instance who still has the right to appeal the entire judgment or the decision of the first instance. The appeal can do each exercise or can get some of them done on their behalf.
b) where in the course of the investigation, prosecution or trial of first instance who has not sent any of them on their behalf, legal representative of the victim, which is the legal representative of the victim only by one or a few of them himself, if after the first instance trial there of not people representatives have single with the content of the judgment of the first instance or complaints please appellate case, the handling is as follows: b. 1) If the content of their singles match with the content of the appeal of legal representatives have participated in the proceedings, the Court of Appeal accepted for appeal under the General procedure;
b. 2) If their application content does not match the appeal of the content legal representatives have participated in the proceedings or legal representatives have participated in the proceedings not to appeal and in case there are other participants in the proceedings to another appeal, the Procurator protest, then the appellate The Court of appeal, quash the judgment of the first instance or decisions of relevant section that they have complaints or would appeal the case to the investigation or trial of first instance due to serious violations of the proceedings (not yet brought them into participating in the proceedings when the right their interests clashed with the right, the benefit of the legal representatives have participated in the proceedings);
b. 3) If in the case of no one appeals, Procurator does not appeal, then their application is considered a complaint against the judgment or the decision of the first instance. In this case the judgment or the decision of the first instance will be reviewed according to the order of Cassation.
1.5. the civil plaintiff, the civil defendant and their legal representative (legal representative or authorized representative) have the right to appeal the portion of the judgment or the decision of first instance related to the compensation for damage.
1.6. Who have rights, obligations related to the case and their legal representatives (legal representative or authorized representative) have the right to appeal the portion of the judgment or the decision of first instance related to rights, obligations of them.
1.7. The protection of the rights of minors or people who have the downside of mental or physical has the right to appeal the portion of the judgment or the decision of first instance related to the rights, obligation of the people he protects.
1.8. The courts are declared not guilty have the right to appeal that part of the reason the judgment of first instance has declared that they are not guilty.
For example, Nair A does not perform acts contrary to law, the Court of first instance back to Nguyen Van A has made unlawful behavior, but not to the extent of constituting crimes (or without criminal liability). In this case, Nair A has the right to appeal required the Court of appeal of the judgment of first instance properly with the facts of the case.
2. About 232 of CRPC prescribed in article 232 of the CRPC, the Procuratorate at the same level and the superior Procuratorate directly has the right to appeal the judgment or the decision of the first instance. The protest of the Prosecutor have to do in writing, stating the reason and have been sent to the Court of first instance handled the case (paragraph 2 to article 233 of the CRPC). The time limit for appeal against the decision of the Court of first instance of the Procuratorate at the same level as seven days, Procurator's direct superior is fifteen days from the date of the Court decision (Article 239 paragraph 1 of CRPC). Upon receipt of an appeal by the Prosecutor, the Court of first instance should resolve as follows: 2.1. The case of an appeal against the decision to temporarily suspend or discontinue service of the judgment of the Court of first instance, the Court of first instance must send the case file and the appeal to the Court of appeal within seven days from the date of expiry of the appeal or protest.
2.2. where the Procuratorate at the same level to appeal the decision of the Court of first instance on the application of compulsory measures of healing, then pursuant to clause 2 Article 316 of the CRPC, the protest and the protest was conducted as to the judgment at first instance.
2.3. in case of appeal against other decisions, the Court of first instance are based on provisions of the CRPC and the related legal rules on competence and procedure of the appeal, the appeal of that particular settlement to resolve.
For example, the Procuratorate at the same level pursuant to article 232 and article 239 of the CRPC, paragraph 6 article 27 of the law on organization of people's Procuracy appealed the detention of Chief Justice of the district courts Q for accused Naik M with the reason the defendant M are raising children under the age of thirty-six months and not in one of the cases specified in point a b and c, item 2 Article 88 of the CRPC. In this case after receiving the protest of the Procurator, the Chief Justice of the district courts of Q must consider the reasons the appeal of the Procuratorate at the same level are true or not. If true then pursuant to article 177 of the CRPC decision to cancel the measure of detention for accused M, if not true then have text answers to the Procuratorate said about not accepting the appeal, which stated the reason not to accept the appeal.
3. About 233 of the CRPC

3.1. The receipt of appeals and handled appeals in the Court of first instance a) after receiving an appeal, the Court of first instance must register receipt and check the person making an appeal has in the subject has the right to appeal and the appeal has content in the limiting of appeal are stipulated in article 231 of the CRPC and the instructions in section 1 part I of this resolution or not, at the same time check the appeal is made within the time limit specified in article 234 of the CRPC and be instructed in item 4 of part I of this resolution or not to carry forward the work prescribed by the CRPC and the guide of this resolution.
b) in the case of the appeal to the Court of first instance presented directly on the appeal, the Chief Justice of the Court to assign a judge or a court officer followed and resolve. If the appeal and written are then instructions to them. If they want to present it directly then set the minutes regarding the appeals in accordance with the provisions of article 95 of the CRPC.
c) in the case of an appeal the full assurance of the conditions prescribed by the CRPC and the guide of this resolution then proceed to notices of appeal under the provisions of article 236 of the CRPC and the instructions in section 6 of part I of this resolution.
d) in the case of an appeal made within the law and that of the person has the right to appeal but the appeal content yet specific, unclear, the Court of first instance must notify them so that they present the content appeals to specific and clear provisions of the law.
DD) in the case of an appeal is of people who have no right of appeal or not appeal content in the limiting of the appeal, then within three working days from the date of receiving the application, the Court of first instance rendered single application and notes on receipt of the return form. The return should be notified in writing in which clearly the reason for the return. If the appeal has been notified under the provisions of article 236 of the CRPC and the instructions in section 6 of part I of this resolution the Returing must also be sent to those where there have been reported.
e) in the case of an appeal as of right to the appeal, the appeal of content in the limited appeal, but the time limit, the Court of first instance making the appeal and send the same appeal papers, document attached proving the reason for the appeal too time limit (if any) to the Court of appeal to consider the reasons for 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.
3.2. The receipt of appeals and handled appeals in the Court of appeal a) in the case of the Court of appeal received the appeal and the documents, and evidence (if any) the Court of appeal must transfer to the Court of first instance to carry out the work according to the instructions in subsection 3.1 section 3.
b) in the case of the appeal to the Court of appeal presented directly on the appeal, the Court of appeal explained to them that they only have the right to present directly on the appeal with the Court of first instance.
4. About 234 of CRPC 4.1. The start time and the end time limit for appeal, protest a) start time the time limit for the appeal, the appeal is the next day of the day to be determined. The day is defined as the date the Court judgement or a decision in the case of Procurator, the accused, the equivalent of the presence at the trial or judgment day, the decision was delivered or to be listed in the case of the accused, the absence in the trial.
Example 1: on 10/10/2005 the Court of first instance hearing criminal cases present the accused B and sentenced the same day for the accused b. in this case, the date is on 10-10-2005 and the beginning of computer time limit of fifteen days appeal (against the accused B) the appeal period, fifteen days (for the Procuratorate at the same level), thirty days (for the superior Procuratorate directly) is on 11th October 2005.
Example 2: on 12-10-2005 trial court of first instance in the criminal absent the victim is A and the same day sentenced. On 20-10-2005 new Court delivered the verdict to A or listed on the town Committee headquarters where A residence. In this case the date identified on 20-10-2005 and the beginning of computer time limit of fifteen days appeal (for A) is 21-10-2005.
In the case on the Court judgement or decision which defendants, litigants were present at the trial to have immediate appeal, the Court of first instance accepting an appeal under the General procedure.
b) the end of the time limit for the 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 period ends at the end of the next first working day on vacation. The end of the last day of the time limit, at twenty-four hours of the day.
Example 1: in example 1 referred to in point a subsection 4.1 of this section 4, the time limit for appeal fifteen days counted starting on 11/10/2005. According to the provisions of article 96 of the CRPC, the time limit of fifteen days appeal (against the accused B) ends at twenty-four hours on 25/10/2005 (if not right on the weekends, holidays).
Example 2: in this example the 2 mentioned in subsection b of this section 4, 4.1, the appeal period fifteen days counted starting on 21-10-2005. According to the provisions of article 96 of the CRPC, the appeal period fifteen days (for A) ends at twenty-four hour on 04-11-2005. Suppose on 04-11-2005 the right to holidays, the time limit of fifteen days appeal ends at twenty-four hours on 05-11-2005 (if not right on weekends); Suppose that after the holidays (04-11-2005), on 05-11-2005 right on Saturday, then the appeal time limit of fifteen days end at twenty-four hours on 07-11-2005.
4.2. Determination on appeal a) in the case of an appeal submitted by post, the date the appeal is on the post office where the sender stamped in the envelope; Therefore, when receiving an appeal sent by post, the Court must check the date stamp on the envelope and save the envelope together with an appeal to determine on appeal.
b) in the case of an appeal sent by the Board of supervisors, the detention camp on appeal is on the Board of supervisors received detention. If the Superintendent detained do not record the receipt of an appeal, the Court shall request the Superintendent of detention camps Committee confirmed on receipt to determine the date of the appeal.
c) in the case of the appellant to file an appeal in the courts or in case they come to the Court of first instance presented directly on appeal, then on appeal on the Court is accepting applications or on the Court's record-setting appeal.
5. About 235 of the CRPC 5.1. The appeal may be accepted, if there is good reason. "Reason" is the case of force majeure or other objective obstacles that appellants could not make the appeal within the law, for example, due to natural disasters, floods; illness, accident to hospital ...

5.2. The appeal reason overdue review must be done before opening the appellate does not depend on the defendants, litigants to appeal expired, in case there's also the appeal of the defendants or the litigants in the time limit specified in paragraph 1 to article 234 of the CRPC; 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.
5.3. The courts of appeal are established the Board of review consisting of three judges to consider the reasons of the appeal expired on the basis of papers, documents and submit an appeal. In case of necessity of trial have the right to convene the appeal expired to additional presentation session about why the appeal expired or require them to provide additional documents, documents attest to the appeal of his delinquent is there reason.
The session reviews the reasons for the appeal expired are not required to have the participation of the representative of Procurator at the same level. Before the trial, a member of the Board of review stated summary appeal expired, the papers, documents the reason for appeal expired. If the appeal expired was summoned to the trial session requires additional presentation reasons the appeal expired. In case the Procuracy representative has the same level of participation, the Procuratorate at the same level representative statements of opinion to accept or not accept the appeal expired. The trial 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 to the Court of first instance and the appeal expired. In case of receiving the decision to accept the appeal expired of the Court of appeal, the Court of first instance must be notified under the provisions of article 236 of the CRPC and the instructions in section 6 of part I of this resolution.
5.4. In the case of trial appeal decision accepted the appeal expired in which case the Court of appeal was accepting, the Court of Appeal appeal under the General procedure for appeal expired. If the case is in the Court of first instance shall, after receipt of the decision to accept the appeal expired of the Court of appeal, the Court of first instance must send the right case file to the Court of appeal.
5.5. In the case just before the opening of the trial that the Court of appeal received the appeal expired, before the opening of the trial, the Appeals Council to open the session, consider the reasons for appeal expired.
If the trial does not accept the appeal expired or accept the appeal expired, but the entire contents of the appeal that are related to the other appeal or appeal the trial conducted the opening of the trial and the trial of the case under the General procedure. If part or all of the contents of that appeal is not relevant to the independence of the appeal or protest, in which the participants of the trial have asked to postpone the trial or who are related to the independent appeal that has not yet been announced, have not yet been summoned to join the appellate , then the trial is postponed the trial.
5.6. Judges of courts of appeal have joined the Board of review review the reason for appeal expired may still participate in the trial of the case under the General procedure.
6. About 236 of CRPC 6.1. When making notification of the appeal, the appeal, the Court of first instance was not informed of the appeal to the appellant and who had also not informed of the protest to the Procuracy has appeal. For those who participate in other proceedings, the Court of first instance must notify them if the appellate case because of the appeal, the appeal related to the rights, obligations of them.
6.2. In case the person is notified of the appeals, the appeal to send text stated their opinion about the content of the appeal, the appeal to the Court of appeal, then the text that must be saved to the profile of the case. The case of the notice sent to the Court of first instance that the case file not yet submitted to the Court of appeal, the Court of first instance sent the case file 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 into the case file.
6.3. In case the Procuracy protested the judgment or the decision of first instance that sent the appeal for the accused and the litigants are relevant to the appeal, the Court of first instance did not have to notify them. If the Procuratorate to send to the Court of first instance the appeal to send the accused and litigants are relevant to the appeal, the Court of first instance delivered the protest it for them instead of notice. If the procurator only send an appeal to the Court of first instance, the Court of first instance informed the appeal for the accused and litigants in writing.
7. About 238 of CRPC 7.1. About the addition, change the appeal, the appeal should distinguish as follows: a) in the case of appeal, the term still protest the provisions of article 234 of the CRPC, the appellants, the Procurator has the additional right to appeal, change the contents of the appeal, the appeal for part or the whole of the judgment that I have the right to appeal protest favorable or not favorable to the accused.
In case of appeal, the Procurator has pulled 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) in the case of the appeal period has expired, an appeal under the provisions of article 234 of the CRPC, then before the start or at the appellate trial, appellants, the Procurator has the additional right to appeal, change the contents of the appeal, protest, but did not do worse than the situation of the accused.
7.2. About the withdrawal of the appeal or protest a) in the case of the appellant and the Procuratorate to withdraw the entire appeals and protests before the start or at the trial (in which case no longer has the appeal and 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, also in the trial because the trial done. The judgment of first instance legal effect from the date of the Court of appeal decision to suspend the appellate trial.
b) in the case of the appellant withdrew his appeal in part or has many appeals, but the withdrawal of the appeal, there are people who do not withdraw the appeal, the Prosecutor withdrew part of his appeal in protest, then the need to distinguish as follows: b. 1) the case withdrew before the opening of the trial , then the withdrawal of the appeal, the appeal must be made in writing. The case of the appeal directly to the courts to withdraw the appeal, the Court of appeal asked the appellant to make the text or to set the minutes about the withdrawal of the appeal under the provisions of article 95 of the CRPC. The text to withdraw appeal, appeal and the withdrawal of the appeal thereon must be saved to the profile of the case. Part of the appeal, the appeal has been withdrawn is regarded as no appeal or protest. The Court of appeal notice in writing of the withdrawal of the appeal, the appeal that according to the provisions of paragraph 1 to article 236 of the CRPC and the instructions in subsection 6.1 section 6 of part I of this resolution, and to conduct the work by the CRPC rules to open the trial appellate case for the appeal the remaining appeal, according to the General procedure.

b. 2) attempted at trial, then the withdrawal of the appeal, the appeal shall be recorded in the minutes of the trial. The Court of appeal further appellate case according to common procedures for the appeal, the appeal remains.
b. 3) when the appeal, the Court of appeal has the right look for the part of appeal, the appeal has been withdrawn without regard to the appeal, the appeal remains as specified in article 241 and paragraph 2 Article 249 of the CRPC. If the Court of appeal did not consider the part of appeal, the appeal has been withdrawn, then the part of the judgment or the decision of first instance legal effect from the date of expiry of the appeal or protest.
II. On CHAPTER XXIV "APPEAL PROCEDURE" Of The CRPC 1. About 242 of CRPC courts of appeal is not a decision to take the case to trial that is at the latest fifteen days prior to the opening of the trial must be notified in writing to the Procuratorate at the same level and the participants in the proceedings about the timing, location appellate case. The announcement was made as follows: 1.1. With respect to the Procuracy, the courts of appeal have dispatch send Procurator at the same level, in that specific record of the case (or cases) be given appellate; time, location appeals to each specific case. In many cases the case then could schedule a hearing for the specific case and this trial calendar send attach to the Procuracy.
1.2. With respect to the participants in the proceedings, the Court of appeal only to notify the participants in the proceedings specified in clause 2 and clause 3 Article 245 of the CRPC. The announcement was made by summons to join the trial of the Court of appeal.
2. About 243 of CRPC 2.1. The Court of appeal apply, the change or cancellation of preventive measures is made the same as the corresponding instructions on the application, changes, cancellations of preventive measures in section 2 of part I of resolution No. 04/2004/hdtp on 05/11/2004 of the Council of judges of the Supreme People's Court passed a number of provisions in part three "trial the first instance "of CRPC in 2003 and section 9 of part I of resolution No. 03/2004/hdtp on 02/10/2004 of the Council of judges of the Supreme People's Court passed a number of regulations in the first section" General provisions "of the CRPC in 2003.
2.2. Laws of the Council may appeal the decision to arrest detention of the accused immediately after pronouncement of the judgment against the accused not be detention, but sentenced to imprisonment, except in cases specified in article 261 of the CRPC. To ensure that the decision to arrest and detention is executed immediately and correct the legislation the Court of Appeal pointed out the decision to arrest and detention of the accused if while researching the case file to prepare appellate as well as through judicial developments in the trial, if the show is full of the following conditions : a) Has grounds for sanctioning prison accused;
b) in the case of not being able to enjoy the probation;
c) the accused is not in one of the cases specified in article 261 of the CRPC and article 61 of the criminal code.
When it deems are full of the above conditions the Court of appeal should have immediately dispatch the previous exchanges with police agencies in the province, the central city where the Court will open the trial of the case to the police preparations and facilities required for the arrest detention of convicted persons when arresting and detention decisions of the courts of appeal. This dispatch must be stamped "CONFIDENTIAL" to preserve a "SUITE".
3. About 245 of the CRPC 3.1. The excuses, the protection of the rights of litigants, the appellants, who have rights, obligations relating to the appeal, the appeal was summoned to join the trial. Be considered to have been summoned to join the trial, if the summons of the trial were delivered directly to them or have been sent to the correct address they have declared to the agency conducting the proceedings when required notice, summons them. If there is one of these people has not yet been summoned to join the trial they must postpone the trial.
3.2. The excuses, the protection of the rights of litigants, the appellants, who have rights, obligations relating to the appeal, the appeal was directed to participate in the trial that the absence in the trial should distinguish as follows: a) the case of absence without good reason is the excuses , who defend the rights of litigants, the Court of Appeal proceed to trial of the case under the General procedure for appeal, protest, except in the case specified in paragraph 2 to article 190 of the CRPC;
b) case of absence without good reason is accused of appeal, be appealed, the appeal, the Court of appeal can only trial of the case of absence in the case prescribed in clause 2 Article 187 of the CRPC;
c) case of absence without good reason is people have the rights relating to the appeal, the appeal or the appeal is not the accused, the Court of Appeal considered as they abandoned the appeals, waive the rights related to the appeal or protest. In this case, as in the case of the obligations relating to the appeal, the appeal is absent without good reason, the Court of Appeal proceed to trial of the case under the General procedure. If when the appellate court of appeal case does not look the part of appeal abandoned appeal without regarding the appeal or protest, the rest of that part of the judgment or the decision of first instance legal effect from the date of expiry of the appeal protest.
d) where people have legitimate reasons for absence is the excuses the Court of appeal still proceed to trial of the case under the General procedure, except in the case specified in paragraph 2 to article 190 of the CRPC; If the other person is the Court of appeal can still conduct the trial of the case, but did not make the judgment or decision without the benefit of the accused or litigants in absentia in the trial have good reason. To defend the appeal, protest grounded, lawful in the direction of no benefit to the accused or litigants in absentia in the trial have good reason, the Court of appeal may only conduct the trial of the case, if research results through the case file shows with the documentation in the case file , then there is grounds for appeal, protest. However in the case study the case file see no grounds for accepting the appeal, protest, but at the trial it deems to have a base to accept the appeal, the appeal, the Court of appeal to postpone the trial.
Example 1: the accused A penalty mitigation, please appeal, did the victim appeals to increase penalties for defendants .2a. At trial the victim present, but defendants .2A absence has good reason, the Court of appeal can still proceed to trial but did not make the judgment or decision was not conducive to A comparison with the judgment or the decision of the first instance, if by studying the case file as well as in the trial found no grounds for accepting the appeal of the victim.
Example 2: the accused B appeal Please reduce the level of compensation, the civil plaintiffs appeal also raises the level of compensation. At the trial the defendant B are present, but the absence of the civil plaintiffs have good reason, the Court of appeal can still proceed to trial but not judgment or decide not to benefit the plaintiff versus the judgment or the decision of the first instance, if by studying the case file as well as in the trial found no grounds for accept the plaintiff's appeal.

3.3. The judgment or the decision to appeal was deemed not to be beneficial to the accused or litigants in the absence of the trial when one of the following cases: a) for the defendant, if the Court of appeal increased the penalty; moving the frame more severe punishment; apply the terms of the criminal offence heavier; not for the enjoyment of probation for the accused to be the Court of first instance for the enjoyment of probation; increase the level of compensation of the damage; apply more additional punishment; application of judicial measures more than the judgment or the decision of first instance;
b) for litigants, if the Court of Appeal correct the judgment or the decision of the first instance in the opposite direction of their appeal or reducing the rights or increasing the obligations towards them than the judgment or the decision of the first instance.
3.4. Not considered judgments or decisions of appeal does not have the benefit of the accused or litigants in the absence of the trial when one of the following cases: a) the Court of appeal did not accept the appeal, the appeal and the judgment at first instance and the decision of the appellate court fees;
b) courts of appeal spelling corrections, about data by mistake or wrong calculations.
Example 1: the Court of first instance stated in judgment is damage to the property There are two account worth 115 million and 126 million, but in the decision declaring forced compensation for damage to property is 231 million. In this case, if the Court of first instance had not changed the Court of appeal has the right to revise is 241 million that is not considered not conducive for people to compensation.
Example 2: the Court of first instance required compensation, but the calculation of the first instance civil court fees. In this case, if the Court of first instance had not changed the Court of appeal has the right to calculate the first instance civil court fees is correct that not considered not conducive for people to bear court fees.
3.5. after the opening of the trial and after listening to the Secretary of the Tribunal report on the presence, absence of those summoned, the Board of review appeal pursuant to article 245, 247 and 199 of the CRPC discussed and passed in the court room to conduct the trial of the case or to postpone the trial. In the case decided to postpone the trial is not made in writing, but must be recorded in the minutes of the trial.
4. Article 247 of the CRPC 4.1. Appellate also proceed as the trial of first instance; Therefore, in the case of the fourth part "appeals" of the CRPC is not otherwise specified, then proceed to the appellate court, the Court of appeal must comply the provisions respectively about the trial at first instance in Chapter XVIII, XIX, XX, XXI and XXII of the CRPC and the guidance in part II , III, IV of resolution No. 04/2004/hdtp on 05-11-2004 of the Council of judges of the Supreme People's Court passed a number of regulations in the third part "of the trial of first instance" of CRPC in 2003.
4.2. The start of the trial, instead of reading the decision to take the case to trial, presiding the trial opening of the trial. The opening words of the presiding trial must have the following content: "today, the day ... month ... year ..., ... (name of the Court of appeal) open to the appellate hearing criminal cases against the accused. (if you have one or two of the accused said they fully, the name of the accused; if there are from three defendants over, then said they among the accused's name accused the Court of the first instance court of the highest levels of sanctions and add the words "and the other defendants") were the Court of first instance hearing of the crime (the crime) ... , because of the appeal, the appeal of ... (just says according to the status of the proceedings of the participants in the proceedings, as "the accused", "the victim"; the name of the Procurator protest). On behalf of the Board of review appeal I declare the opening of the trial ".
4.3. Before beginning questioning instead of reading the indictment, a member of the Board of review presented a summary of the content of the case, the decision of the Court of first instance, the content of the appeal or protest.
5. About 252 of the CRPC in case the Court of appeal only cancelled the verdict of first instance about the decision to back the investigation or trial, the investigation or hearing being conducted in criminal proceedings. If you need to verify, collect more evidence to resolve properly when a trial of first instance, the conduct of the work that is done under the provisions of the civil procedure law. In the case the Court of appeal cancelled the verdict of first instance about the decision to solve in a civil case when requested, then the accepting, solve other torts that when required to be conducted under civil proceedings.
III. SEND The CASE FILE To The PROCURATORATE At The SAME LEVEL With The COURT Of APPEAL 1. The CRPC rules not the Court of appeal to move the case file to the Procuratorate at the same level. However, to create conditions for the same level of Procuracy studied the case file to join the appellate trial, the Court of appeal should turn the case file to the Procuratorate at the same level.
2. Immediately after accepting the case, the Court of appeal should check the validity of the appeal, the appeal and consider the application, alteration or annulment of preventive measures. Within seven days from the date of accepting the case file, the Court of appeal moved the case file to the Procuratorate at the same level of research. When the transfer case to the Procuratorate at the same level of research, the Court of appeal should request the Procurator at the same level transferred to the Court of appeal that the evidence of the new Procurator to collect and list who should convene join appellate (if available).
3. people's courts, the central cities, military courts and military district the equivalent of asking people's Procuratorate, the central cities, military Procuracy of military region and the equivalent of studying the case file within ten days; The Court of appeal of the Supreme People's Court and the Central Military Court asked the Institute appeal the Supreme People's Procuratorate, the Central Military Procurator studied the case file within the time limit of twenty days from the date of the case file. In case of need more time to study the case file, the Procurator must inform the Court said, but the time limit extension add up to no more than five days. The Court of appeal asked Procurator at the same level transferred the case file to the Court of appeal is at the latest when the expiry the study case file.
IV. The PROCEEDINGS FORMS attached to this resolution the text form of the following proceedings: 1. The minutes of the appeal (model No. 01a for the Court of first instance);
2. The decision to settle the appeal, the appeal against the decision temporarily suspended (suspend) case (model No. 01b for the Board of review appeal);
3. Decides to accept the appeal expired (model No. 308B for Appeals Council review the reason for appeal expired);
4. The decision to not accept the appeal expired (model No. 01d user for trial review reasons to appeal expired);
5. the notice of appeal, the appeal (model number 01 VND for the Court of first instance);
6. Notification of withdrawal of the appeal (the appeal) (model number 01e for the Court of appeal);
7. Decides to suspend the appellate (02a denominator used by the judge assigned to preside the trial);
8. The decision to suspend the appellate (model No. 809 for the Board of review appeal);
9. Minutes of deliberation (model No. 02 c is used for the Board of review appeal);
10. Report on the criminal trial (model number 02d);
11. A criminal appeal (form No. 2).
V. EFFECT OF THE RESOLUTION

This resolution was the Council of judges of the Supreme People's Court passed on 8 December 2005 and have effect after fifteen days from the date The report./.