My brother and sister-in-law have now filed for divorce, but my brother still disagrees with the Court’s decision. In many cases in reality, after the Court opens a trial to hear the divorce case, the parties disagree with the Court’s ruling and want to appeal the judgment for the Court to have jurisdiction to reconsider. So about the matter “Appeal for divorce judgment under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Resolution No. 01/2017/NQ-HDTP
What is a divorce appeal?
An appeal against a divorce judgment is a case in which one of the spouses or both spouses disagree with the unenforceable judgment of the first-instance court and file an appeal, requesting the court to file an appeal. The appellate court shall review the part of the judgment with which it disagrees.
Steps to make a divorce appeal
• Step 1: Prepare the appeal file according to the first-instance divorce appeal form
+ An appeal file includes an appeal form and additional documents and evidences to prove that the spouse’s appeal is grounded and lawful.
• Step 2: Spouse submits an appeal file at a competent court, spouse files an appeal at the first-instance court that issued the first-instance judgment or decision.
+ In case the appeal is sent directly to the appellate court, the appellate court must forward it to the first-instance court to carry out the prescribed procedures.
• Step 3: The court reviews and resolves the appeal
+ After receiving the appeal, the first-instance court shall examine the validity of the appeal; in case the appeal is overdue (beyond the prescribed time limit), the first-instance court shall request the appellant to The report clearly states the reasons and presents documents and evidences to prove that the reason for filing the overdue appeal is justifiable.
+ If the appeal petition does not comply with the provisions of law, the first-instance court shall request the appellant to amend and supplement the appeal.
+ If the appeal is accepted, the first-instance court shall issue a notice of payment of the appellate court fee advance, and notify the same-level procuracy and related parties of the appeal together with the appeal petition. statements and supporting documents provided by the appellant. Next, the first instance court transferred the entire dossier to the Court of Appeal.
• Step 4: The Court of Appeal accepts the case for settlement.
+ Immediately after receiving the case appeal file and accompanying documents and evidences, the appellate court must record it in the acceptance book.
+ Within 03 working days from the date on which the case is accepted into the book. The Court shall issue a written notice to the involved parties, individuals, agencies and organizations initiating the lawsuit and the Procuracy of the same level that the Court has accepted the case.
+ The chief justice of the appellate court is responsible for establishing an appellate trial panel and assigning a judge to preside over that appellate court session.
+ The trial preparation period lasts for 2 months, if there are complicated circumstances, it can be extended for another 1 month. The judge assigned by the chief judge to settle the case conducts research, collects evidences and documents to serve the settlement of the case.
+ At the end of the trial preparation time limit, if there are grounds to bring the case to trial, the judge shall issue a decision to bring the case to trial, within the next 01 month, the appellate trial must be opened in case of delay not more than 2 months.
Appeal for divorce judgment under Vietnam law
The application form for appeal against divorce judgment will use the same form as the civil appeal application form No. 54-DS issued under Resolution No. 01/2017/NQ-HDTP dated January 13, 2017 of the Appellate Board. Judge of the Supreme People’s Court.
How to write an appeal against a divorce judgment:
• Dear (1): Enter the name of the Court that has heard the first instance of the divorce case. If it is a district-level People’s Court, it is necessary to specify which district People’s Court, which province or city under central authority; if it is a provincial people’s court, it is necessary to specify which provincial people’s court (city).
• Appellant’s part (2): Fill in the full name of the person appealing the divorce judgment.
• Address section (3): Fill in fully and specifically the residential address of the person appealing the divorce judgment. In case the Court has any notice or service, it will be sent to this address of the appellant.
• Part (4): Specify the eligibility to participate in the proceedings of the person appealing the divorce judgment, whether the plaintiff or the defendant.
• The content of the appeal (5): Specify the appeal against the first-instance judgment or decision or which part of the first-instance judgment or decision has not yet taken effect. In short, if disagreeing with any content of the judgment or decision, the appellant will request to carry out the procedure to appeal the divorce judgment for that part.
• Reasons section for the appeal (6): Enter the specific reasons for appealing the divorce judgment, this section mainly explains the reasons for the appeal. As the content of the judgment or decision is not consistent with the objective truth of the case, the Court has committed violations in the course of carrying out the proceedings or has new grounds, documents and evidences that may change the outcome. resolution of the case.
• The part requesting the Court to settle (7): Specifying each issue that the person appellant of the divorce judgment requests the Court of Appeal to settle, such as reviewing a part or requesting the cancellation of the entire judgment, …
• Documents and evidences to be submitted together with an appeal against divorce judgment (8): In case there are additional documents and evidences, the full names of additional documents and evidences must be written together with the appeal petition. report, prove its appeal is grounded and lawful so that the Appellate Court has more evidence to consider the legitimacy of the appellant’s claim.
• Signature(9): The appellant signs and writes the full name of the person appealing the divorce judgment.
Instructions for using the divorce judgment appeal form
Instructions for using the first-instance divorce appeal form:
+ (1) Enter the name of the Court that conducted the first-instance trial of the case. If it is a district-level People’s Court, it is necessary to specify which district People’s Court, which province or centrally-run city (for example: People’s Court of district Y, province of DN); if it is a provincial People’s Court, it is necessary to specify which province (city) People’s Court (for example, the People’s Court of Hanoi). The specific address of the Court is required (if the appeal is mailed).
+ (2) If the appellant is an individual, write the full name of that individual; if the appellant authorizes another person, write the full name of the appellant’s authorized representative, of the appellant authorizing the appeal, if the appellant is an agency or organization, write the name of the appellant. such agency or organization (insert as an appeal) and write the full name and position of the legal representative of that agency or organization, if the legal representative of the agency or organization authorizes such agency or organization to If others make an appeal, write the full name of the authorized representative, of the involved party being an authorized agency or organization (for example: Appellant: Corporation X represented by Mr. Nguyen Van A, General Director. area).
+ (3) If the appellant is an individual, write the full address of the place of residence (for example: Address: residing in village B, commune C, district H, province T); if it is an agency or organization, write the address of the head office of that agency or organization (for example: Address: located at 20 NP Street, District D, City H).
+ (4) Enter the status of the appellant to participate in the proceedings (for example, as the plaintiff (defendant) in the case of a property loan contract dispute; as the authorized representative of the plaintiff Tran Van Nam resides at house number 34, street X, district H, city Y as authorized on … month… year…; is the authorized representative of Import-Export Company A represented by Mr. Nguyen Van Nam – General Director under the license authorization date…month…year…).
+ (5) Specify the appeal against the first-instance judgment or decision or part of the first-instance judgment or decision that has not yet taken legal effect (for example, appeal the entire first-instance civil judgment No. 01) /2017/DS-ST dated January 15, 2017 of the People’s Court of province H).
+ (6) Specify the specific reasons for the appeal.
+ (7) Specify each issue that the appellant requests the appellate Court to settle.
+ (8) In case there are additional documents and evidences, the full names of additional documents and evidences must be enclosed with the appeal to prove that their appeal is grounded and lawful. For example, documents attached to the application include: 1) Copy of Debt Confirmation; 2) Copy of Debt Collection Paper…).
(9) If the appellant is an individual, his/her name or signature must be clearly indicated; if it is an appealing agency or organization, the at-law representative of the appellant agency or organization shall sign and clearly state the full name and position of the appellant.
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Frequently asked questions
Many people who need to carry out the procedure to appeal a divorce judgment are often confused, do not know what documents need to be prepared in order to maximize their legal rights and interests. may change the original divorce judgment. Dossier to appeal the divorce judgment must include:
Appeal: An appeal against the divorce judgment is made according to form No. 54-DS issued under Resolution No. 01/2017/NQ-HDTP dated January 13, 2017 of the Judicial Council of the Supreme People’s Court.
Additional documents and evidences (if any) to prove their appeal request. Since this is a review procedure for a judgment that has been heard at first instance, the case file is still kept at the Court. If the content of the appeal is accepted, the Court will base on the case file that has been considered by the first-instance trial level. In addition, the person filing an appeal may submit additional documents and evidences that he or she has collected related to the contents of the case, which are beneficial to them, for submission to the Court of Appeal.
Pursuant to the provisions of Article 272 of the 2015 Civil Procedure Code, when exercising the right to appeal, the appellant must file an appeal. An appeal must contain the following main contents:
Date, month and year of making the appeal;
Name, address; phone number, fax, email address (if any) of the appellant;
To appeal all or part of the judgment or decision of the first-instance court which has not yet taken legal effect;
The reason for the appeal and the appellant’s request;
Signature or fingerprint of the appellant.
Court fee advance to appeal divorce judgment
According to current law, when carrying out the procedures to appeal the divorce judgment, the requestor must pay a court fee advance. The amount of advance payment of court fees for the procedure to appeal the divorce judgment is 300,000 VND.
Other costs
In addition to the court fee advance for appealing the divorce judgment, the appellant may have to bear other expenses incurred in the process of preparing the dossier, collecting the missing files and expenses in the process of participating in the lawsuit. chant. During the settlement process, in order to ensure that their case can be handled quickly, the appellant can also go to a law office to invite a lawyer to assist in the divorce judgment appeal stage. ensure that his case is resolved quickly, ensuring more benefits than the first-instance process.
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