Decree No. 112 Regarding the Supplement to Articles 23 and 44 of Decree No. 51 dated April 17, 1946 on the Jurisdiction of Courts

DECREE-LAW

No. 112 dated June 28, 1946

CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

In accordance with the Decree-Law of October 10, 1945 on maintaining current laws;

In accordance with Decree-Law No. 51 dated April 17, 1946 establishing the jurisdiction of courts;

At the request of the Minister of Justice;

After consulting the Standing Committee of the National Assembly and after the Council of Ministers has agreed,

ISSUES THE DECREE-LAW:

Article 1

The following paragraphs are hereby added to the second paragraph of Article 44 of Decree-Law No. 51 dated April 17, 1946:

"In cases where parties have the right to appeal or protest a judgment under current laws, such appeals or protests must be made within the time limits and in the prescribed form as follows.

The deadline for appealing a first-instance or second-instance court judgment is fifteen days from the date of pronouncement. If one party is not present at the trial when the judgment is pronounced, the deadline will start from the date of service of the judgment.

The deadline for protesting any judgment against a person sentenced by any court regarding criminal or civil matters is fifteen days from the date of service to the person being sentenced personally. If personal service cannot be made, the party loses the right to protest once the judgment has been executed or movable or immovable property sold, or when it becomes known that the defendant is executing the judgment. However, the party may appeal immediately without waiting for the deadline for protesting a judgment: thus, in cases where the law allows an appeal, the appeal period is thirty days.

The deadline for appealing a decision of the Preliminary Court or an urgent court order from the Chief Judge to the party concerned is three days from the date of issuance if the party was present at the time; otherwise, the three-day period starts from the date of service.

The appeal period for a judgment against the prosecutor is fifteen days from the date of pronouncement; the appeal period for an order of the Preliminary Court to the prosecutor is three days from the date the Preliminary Court informs the prosecutor. The appeal period for the Chief Judge is thirty days from the date the Chief Judge's office receives a weekly summary of criminal judgments or copies of orders issued by the Preliminary Court regarding non-appealable cases or lack of jurisdiction, kept by the second-instance court.

Time limits do not include the day of pronouncement, issuance, or service and do not count the day on which an appeal or protest is filed. If the last day falls on a Sunday or public holiday, the deadline is extended to the next working day.

For the Chief Judge, the date of appeal is the date the Chief Judge sends the appeal document to the second-instance court clerk.

Any party wishing to protest a judgment or appeal may sign in at the court registry office where the case was heard, send an iron wire message, mail a letter to the court registry office, or file immediately on the service notice. The court will rely on the postmark date if it is stamped by the Post Office or the date certified by the Chairman of the Administrative Committee of the commune or ward where the party resides. Upon receipt of the appeal document, the clerk must record it in the protest or appeal register."

Article 2

Article 23, Clause 6 of Decree-Law No. 51 dated April 17, 1946 is now supplemented as follows:

"When the examination has concluded and upon receipt of the file transferred by the examining judge within three days, the prosecutor shall submit an indictment to the examining judge..."

Article 3

The Minister of Justice shall be responsible for implementing this Decree-Law.