Resolution 2006/hdtp: Guidelines For Implementing Some Of The Provisions In Part Three "procedure To Resolve The Case In The Court Of Appeal" Of The Civil Procedure Law

Original Language Title: Nghị quyết 05/2006/NQ-HĐTP: Hướng dẫn thi hành một số quy định trong Phần thứ ba "Thủ tục giải quyết vụ án tại Toà án cấp phúc thẩm" của Bộ luật tố tụng dân sự

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The RESOLUTION guidelines for implementing some of the provisions in part three "procedure to resolve the case in the Court of appeal" of the civil procedure code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 (hereinafter abbreviated as CPC);
After the comments of Minister Supreme People's Prosecutor and the Minister of Justice.
RESOLUTION: i. CHAPTER XV "the NATURE of the APPEAL and the APPEAL, the APPEAL the VERDICT, the DECISION of the COURT of FIRST INSTANCE" 1. About 243 of CPC 1.1. 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.
1.2. 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 at the end of the appeal, that litigants must sign or point only.
1.3. Litigants are people from enough 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 at the end of the appeal, that litigants must sign or point only.
1.4. Litigants are guided in subsection 1.2 and 1.3 of this section 1 subsection if not appeal yourself, 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 at the end of the appeal, the authorized representative must sign or point only.
1.5. the litigants, 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 at the end of the 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 at the end of the appeal, the authorized representative must sign or point only.
1.6. the legal representative of a minor is involved (except in subsection 1.3 instructions item 1), 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 at the end of the appeal, the authorized representative must sign or point only.
1.7. The Agency held Sue civil cases 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 last part, the legal representative of the Agency, the organization that must be signed and stamped by the Agency, that organization.
1.8. The authoritative guidance in the subsection 1.4, 1.5 and 1.6 section 1 of part I of this resolution 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.
2. About CPC's 244 2.1. To ensure employment for the correct and uniform appeal, the Court of first instance requested the appeal made an appeal in the correct form and the full record content according to the user's Guide in the form of appeal is attached to this resolution. The Court of first instance are listed at Headquarters civil courts and appeal forms manual forms of appeal.
2.2. The receipt of appeal and handle 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: b. 1) where 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.
b. 2) 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 subsection 5.1 section 5 of part I 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 section 6 of part I of this resolution.
b. 3) courts 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 subsection 2.3 of this section 2, 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: c. 1) where the Court of first instance has received an appeal to have the contents coincide with the content of the appeal report by 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.
c. 2) where 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 b.1 and b.2 subsection 2.2 category 2.
2.3. 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 subsection 2 of this section 2.2. 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 section 9 Part I 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.
2.4. 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.
2.5. in case of 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 Section V of resolution No. 4/2005/hdtp on 17-10-2005 Council of judges The Supreme People's Court to guide the implementation of some provisions of the CPC of "proof and evidence".
2.6. 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.
3. About 245 and article 252 of the CPC 3.1. 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.
3.2. 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 01-10-2005 trial court of first instance civil cases and on 01-10-2005 court sentencing, 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 01-10-2005 and the beginning of computer time limit of fifteen days is appeal on 02-10-2005.
-For litigants not to be present at the Court of first instance on 15 and assume-10-2005 Court of first instance recently delivered the judgment at first instance for litigants, the day was identified as 15-10-2005 and start time the time limit for appeal is fifteen days on 16-10-2005; 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 16-10-2005, then the day is on 16-10-2005 and the beginning of computer time limit of fifteen days is appeal on 17-10-2005.
-Representative cases Procurator at the same level have participated in the trial of the first instance, then the day is defined as on 01-10-2005 and the beginning of computer time limit protest fifteen days (for the Procuratorate at the same level), thirty days (for the superior Procuratorate directly) is on 02-10-2005.
-Representative cases Procurator at the same level do not participate in the trial at first instance and assuming 10-15-2005 Procurator at the same level received the judgment of the Court of first instance, then the day is on 15-10-2005 and the beginning of computer time limit protest fifteen days (for the Procuratorate at the same level) , thirty days (for the superior Procuratorate directly) is on 16-10-2005.
3.3. 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.
3.4. 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 02-10-2005. 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 16-10-2005 (if not right on the weekends, holidays). Suppose on 16-10-2005 holiday, the time limit of fifteen days appeal ends at twenty-four hours on 17-10-2005 (if not right on weekends); Suppose that after the holidays (17-10-2005), 18-10-2005 right on Saturday, then the appeal time limit of fifteen days end at twenty-four hours on 20-10-2005.
4. About CPC's 246 4.1. After receiving the appeal, the Court of first instance to examine an appeal is full of content specified in paragraph 1 to article 244 and who do have appeal in the subject has the right to appeal is regulated in article 243 of the CPC and the guidance in section 1 of part I of this resolution or not; at the same time check the appeal is made within the time limit specified in article 245 of the CPC and the guidance in section 3 of part I 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.
4.2. The notification and implementation of the revised requirements, additional appeal is made as follows: a) the Court of first instance required the appellant to modify a single supplement, 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, the single supplement is not charged to the time limit for appeal. On appeal is still to be determined according to the instructions in subsection 2.2 section 2 of part I 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 4.2 of this section 4 subsection DD must be notified in writing in which clearly the reason for the return.
5. About CPC's 247 5.1. 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 section 3 of part I of this resolution 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 at the hospital...) make the appellants could not make the appeal within the law.
5.2. 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.
5.3. The appellant may be accepted, if there is reason to be directed in subsection 5.1 of this section 5.          
5.4. The appeal reason overdue review 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.
5.5. 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 section 7 of part I 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).
5.6. Judges of courts of appeal have joined the appeal expired may still join the Board of appeals of the case under the General procedure.
6. About CPC's 248 6.1. 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.
6.2. 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 instruction in subsection 5.1 section 5 of part I of this resolution.
6.3. In 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 section 5 of part I of this resolution.
6.4. The Court of first instance did not have to proceed with the procedure of notification of appeal had considered abandoning the instructions in subsection 6.2 item 6 and not send to the Court of appeal, except in the case also has the appeal of others, the protest of the Prosecutor.
7. About CPC's 249 7.1. 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.
7.2. 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.
8. About 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 be given enforcement when there is full 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. 35/2006/HNGĐ-ST on 15-02-2006, H district people's Court, the HT. has 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 given the implementation.
9. About CPC's 255 9.1. 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.
9.2. 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, be counted from the day the person filed the appeal to the Court of first instance receipt of an advance payment of court fees.
9.3. 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, be counted from the date of the final submission to the Court of first instance receipt of an advance payment of court fees.
10. About CPC's 256 10.1. 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.
10.2. 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: a. 1) appellants withdrew appeal or Procuratorate to withdraw 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.
a. 2) section, judgment of the first instance decision 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 item 8 of part I 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, also in 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.
10.3. 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 section 7.1 subsection 7 of part I 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.
II. ABOUT CHAPTER XVI "PREPARE APPELLATE" 1. About item 2 Article 257 of the CPC 1.1. With respect to the provincial people's Court, the Chief Justice's 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 a judge do presiding the trial.
1.2. With respect 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 do presiding the trial.
1.3. When the assignment of 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.
2. About CPC's 258 258 Thing of 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: 2.1. The case has decided to bring 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 points a and b of subsection 2.1. section 2 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.
2.2. The case 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.
2.3. About 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 subsection 2.1 section 2 of part II of this resolution. 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 subsection 1.3 item 1 of part II of resolution No. 02/2006/hdtp, on 12 May 2006 the Council 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 CPC.
2.4. The judge assigned to preside the appellate decision to take the case to appeal. This decision is in accordance with the model decision 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, regardless of the case which the Procuratorate at the same level has involved appellate or not.
3. Regarding item 2 Article 262 of the CPC

Case the Procuracy along join 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 the instructions in point b subsection 2.1 section 2 section I joint circular No. 03/2004/TTLT-TANDTC-VKSNDTC on 01-10-2005 of the Supreme People's Procuratorate The Supreme People's Court, "Guide to the implementation of some provisions of the code of civil procedure regarding the Prosecutor obeys the law of civil procedure and the participation of the people's Procuracy in settling the civil case".
III. ABOUT CHAPTER XVII "PROCEDURE of APPELLATE" 1. About 263 of CPC 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 the judgment of the first instance decision, which although not part of this appeal protest.
For example, In judgement No. 45/2006/DS-ST 17-3-2006 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 is the person entitled to inherit responsibility to service the assets within the scope of the legacy left by the person who died.
2. About CPC's 266 2.1. The absence of the first appeal have reason, then the Appellate Board to postpone the trial. The case did not identify the appellant absent war have reason or no reason, the Appeals Council also postponed the trial.
The case of the appellant was summoned to the second valid still absent at trial, it 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 2 Article 266 of the CPC, the Appeal Board conducted case appeals under the General procedure for appeal of the appellants present at the trial. For the case of appeal of appellants is absent, then the Appeal Board suspend the appellate decisions which are not private, in writing, but clearly this decision in judgment, if the case has the appeal of appellants absent not related to other parts of the judgment being appealed protest.
The Court of appeal also have to postpone the trial for a absences appeal in the appellate district in which case instructions in subsection 1.2 item 1 part III of resolution No. 02/2006/hdtp, on 12 May 2006 the Council 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 CPC.
2.2. 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, 200, 201, 202, 203, 204, 205 and 206 of the CPC and the guidance in the items 1 and 2 part III of resolution No. 02/2006/hdtp on 12-5-2006 Board of judges people guiding the implementation of the provisions of the second part "the procedure of the case in the Court of first instance" of the CPC. 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.
2.3. in case the Board of review appeal 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 section 3 part III of resolution No. 02/2006/hdtp, on 12 May 2006 the Council of judges of the Supreme People's Court.
3. About CPC's 267 preparing the opening 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 section 5 part III of resolution No. 02/2006/hdtp, on 12 May 2006 the Council of judges of the Supreme People's Court.
4. About CPC's 269 4.1. 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.
4.2. 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.
4.3. in case of 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.
4.4. When the Court of appeal decision to quash the judgment of the first instance and suspension service 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.
5. About 270 of the CPC

5.1. The case before the appellate trial, litigants have themselves 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.
5.2. 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.
5.3. in the case of instructions in subsection 5.1 and 5.2 of this section 5, the trial need guidance for 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.
6. About CPC's 281 6.1. 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.
6.2. where to send the judgment, the appellate decision for one of those instructions in subsection 6.1 section 6 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 back IV. 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 amendment and supplement your appeal (model No. 03) 1.4. Notification of presentation reasons the 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. The decision to bring the case to the appellate (model No 12) 1.13. The decision to temporarily suspend the appellate civil case (model 13) 1.14. The decision to temporarily suspend the appellate civil case (model 14) 1.15. The decision to suspend the appellate civil case (model number 15) 1.16. The decision to suspend the appellate civil case (16) 1.17. The decision to cancel the judgment of the first instance and settling civil cases (17) 1.18. The decision to settle the appeal, the appeal against the decision temporarily suspended (suspend) case (model No. 18) 1.19. The appellate record (form 19) 1.20. The decision to postpone the appellate (model No. 20) 1.21. The appellate judgment (21) 1.22. Repair message, additional appellate judgements (22) 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 instructions for using the form 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 text presentation technique , such as: the text should be presented on A4 size paper (210 mm x 297 mm), about suffering, about the form of the text.
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.
V. EFFECT of the RESOLUTION was resolution the Council of judges of the Supreme People's Court passed on August 4, 2006 and is effective after fifteen days from the date The report./.

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