Procedures for appeal against divorce judgment in Vientnam. Concept of appeal against divorce judgment or decision. Let us learn about this topic with LSX law firm as follow:
Concept of appeal against divorce judgment or decision
What is a divorce? What is the common cause of divorce in Vietnam? An appeal is a procedure to request a superior court versus a superior court for an appellate trial; to conduct appellate trial against a court judgment or decision if the involved parties disagree with part; or all of the content of the judgment or decision.
Procedures for appeal against divorce judgment in Vietnam
Persons entitled to appeal against divorce judgment in Vietnam
Pursuant to Article 271 of the 2015 Civil Procedure Code stipulating; who has the right to appeal: “The involved parties, their lawful representatives, agencies, organizations and individuals initiate lawsuits; have the right to appeal against first-instance judgments, decisions to temporarily suspend the settlement of civil cases; and decisions to suspend the settlement of civil cases of the first-instance courts; to request the Court of Appeal to re-settle it according to appellate procedures.”
Therefore, the person who has the right to appeal the first-instance divorce is the litigant, the litigant’s legal representative. The appeal is; made against the first-instance court’s decision; or judgment to request the appellate court to re-settle it according to appellate procedures.
File an appeal against divorce judgment
Documents required for divorce in Vietnam. When exercising the right to appeal, the appellant must file an appeal to the first-instance Court. At the time of filing, in order to prove that his/her appeal is; grounded the appellant can attach additional documents and evidences (if any) to the appeal petition.
The appeal must ensure that it contains all of the following basic contents:
Firstly, Date, month and year of making the appeal;
Secondly, Name and address; phone number, fax, email address (if any) of the appellant;
Thirdly, To appeal the whole or part of the judgment or decision of the first-instance court which has not yet taken legal effect;
Fourthly, The reason for the appeal and the request of the appellant;
Finally, Signature or fingerprint of the appellant.
Time limit for appeal
The time limit for appeal is 15 days from the date of sentencing. In some special cases due to the absence of the involved party as prescribed by law; the time limit for appeal is; counted from the date the judgment is pronounced; the judgment is delivered to the involved party or the judgment is posted.
Overdue appeal is a concept allowed in the Civil Procedure Code 2015 with the content: “After receiving the overdue appeal, the first-instance court must send the appeal; the appellant’s report on report the reason for the overdue appeal and documents and evidences (if any) to the Court of Appeal.”
Therefore, the appellant can make an overdue appeal but in addition to providing the appeal, the appellant needs to provide a statement of the overdue appeal and documents and evidence (if any). to substantiate the appeal request.
Paying appellate court fee advance
Within 10 days from the date of receipt of the Court’s notice of payment of the appellate court fee advance, the appellant must pay the appellate court fee advance and submit to the first-instance court a receipt of the payment. appellate court fee advance.
Finally, hope this article about Procedures for appeal against divorce judgment in Vientnam is helpful for you!
The definition of divorce is provided in Clause 14, Article 3 of the Law on Marriage and Family as follows:
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court.
Consensual divorce is when husband and wife jointly request a divorce; voluntarily divorce and other issues such as property division, childcare, etc. have been agreed upon.