Disagree with a first-instance judgment? The law gives litigants a single “golden window”: 15 days from the pronouncement date to appeal. Miss this deadline without a legitimate reason, and the judgment takes effect — the appeal route closes.
This article details the deadline and procedures for appealing first-instance judgments under Articles 271, 273 and 278 of the 2015 Civil Procedure Code, plus appellate court fees under Resolution 326/2016/UBTVQH14.
1. The 15-day appeal deadline (Article 273.1)
- Party present at trial: 15 days from the date of pronouncement;
- Absent party: 15 days from receipt of the judgment or the date it is publicly posted;
- Sent by post: the appeal date follows the postmark at the place of sending;
- Deadline falling on a holiday: if the last day is a public holiday or weekly day off, the deadline extends to the end of the next working day.
2. Who may appeal?
Under Article 271, appellants include: litigants and their lawful representatives; agencies, organizations or individuals that sued to protect public or State interests. The Procuracy does not “appeal” — it lodges a protest under separate time limits in Article 280.
3. Appeal procedures: 5 steps
Step 1 — Draft the appeal petition: mandatory contents include the date; appellant’s name and address; whether the appeal targets the whole judgment or specific parts not yet effective; grounds and specific requests; signature or fingerprint. Grounds cannot merely state “I find it unfair” — they must pinpoint the first-instance court’s errors: procedural violations, evidence assessment, or misapplication of law.
Step 2 — File with the first-instance court: crucially, the petition goes to the court that tried the case at first instance, not directly to the appellate court. If misaddressed to the appellate level, that court forwards it back for processing.
Step 3 — Pay the appellate fee advance: after checking the petition’s validity, the court notifies the appellant to pay an advance appellate court fee of VND 300,000 within 10 days of notification, submitting the receipt to the first-instance court (Article 17 of Resolution 326/2016/UBTVQH14). Failure to pay without legitimate reason leads to the petition being returned.
Step 4 — Notify related parties: the first-instance court notifies the same-level Procuracy and related litigants in writing; they may submit written opinions on the appeal.
Step 5 — Transfer the file to the appellate court: the first-instance court forwards the petition and the entire case file to the appellate People’s Court.
4. What about late appeals? (Article 278)
An appeal filed after 15 days without legitimate reason (natural disaster, epidemic, illness with proof, etc.) will be rejected by the appellate court. With proven legitimate reasons it may still be considered — so keep careful documentation of any objective obstacles.
5. Consequence: appellate judgments take effect immediately
Under Article 313.6, an appellate judgment takes legal effect from the date of pronouncement — no further appeal is allowed. The only remaining route is requesting cassation or retrial review where grounds exist.
6. Frequently asked questions
Q: Can I appeal only part of the judgment?
A: Yes. The petition must state whether it targets the whole judgment or specific parts; unappealed, unprotested parts take legal effect.
Q: Must I pay court fees when filing the appeal?
A: Not yet. First, only the VND 300,000 appellate fee advance is due within 10 days of the court’s notice; the final fee is decided in the appellate judgment under the loser-pays principle.
Q: I missed the 15 days due to a business trip — acceptable?
A: An ordinary business trip is unlikely to qualify as legitimate reason. Only unforeseeable, insurmountable objective obstacles (natural disaster, epidemic, serious illness with proof) stand a chance.
Need an assessment of appealing a first-instance judgment? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.