The Supreme People's Court of Vietnam: Benchbook Online

Retrial is the review of a legally enforceable judgment or decision of a court which is being protested against because there is fresh evidence which may change basically the contents of a judgment or decision of a Court and which was previously unknown to the parties or the Court when the Court made such judgment or decision.

Main tasks and practical skills:

• Retrial is also a special procedure and shall be conducted only when there is a protest under procedure for retrial.
• The target of protest on the basis of procedure for retrial are legally enforceable judgments and decisions of which fresh evidence is found and may change basically the contents of such judgment or decision, not due to errors committed by the Court during the hearing. This is the basic difference between the target of cassation review and the target of retrial.