The Supreme People's Court of Vietnam: Benchbook Online

Main tasks and practical skills:

• The decision to protest under cassation review must be sent immediately not only to the litigants and judgment enforcement agency but also to the Court which has rendered the judgement or decision being protested, and persons whose rights and obligations are related to the protested matters.
• The case file together with the protest of the Chief Justice must be sent to the People’s Procuracy of the same level for its study within 15 days from the date on which the decision to protest is made.
• Jurisdiction over cassation review:
  - The Committee of Judges of the provincial People’s Courts shall hear under procedure for cassation review those cases whose judgements and decisions rendered by the district People’s Courts are protested. 
  - The Civil Court, the Economic Court, the Labour Court of the SPC shall hear under procedure for cassation review cases whose judgements and decisions rendered by the provincial People’s Courts are protested. 
  - The Judicial Council of the SPC shall hear under procedure for cassation review those cases whose judgements and decisions rendered by the Appellate Courts, the Civil Court, the Economic Court and the Labour Court of the SPC are protested. 
  - When a judgement or decision relating to one and the same civil case and falling under jurisdiction of various courts of different levels is protested against, the competent superior Court shall handle the whole case under procedure for cassation review. 
• Within 4 months from the date of receipt of the protest, the competent Court must open a trial of cassation review.
• The Chief Justice shall assign a Judge to prepare a presentation on the case to be presented at the trial. Because the Trial Panel of a specialized consists of three, the the Judge assigned to prepare the presentation shall preside the trial. The presentation shall summarize the contents of the case and judgements or decisions of Courts at all levels and the contents of the protest. It is not required that the presentation must consists opinions of the Judge assigned to prepare it. The presentation must be sent to members of the Trial Panel for a cassation review at least seven days before the date on which the trial of cassation review is conducted.