The Supreme People's Court of Vietnam: Benchbook Online

Main tasks and practical skills:

• The Judge should ensure the right of the appellant or the protesting Procuracy to change, add or withdraw the appeal or protest at any time in the appellate hearing.
• The Judge shall accept the change, addition or withdrawal of the appeal or protest which falls outside the scope of the original appeal or protest if the time limit for the appeal or protest has not expired.
• Where the plaintiff withdraws the petition for initiation of a legal action at the appellate trial, the Trial Panel must ask whether the defendant agrees. The Trial Panel shall refuse the withdrawal if the defendant does not agree to the withdrawal. If the defendant agrees to the withdrawal, the Trial Panel shall accept the withdrawal and  issue a decision  on suspension of the hearing of the case.
• When the Trial Panel accepts the withdrawal of the petition at the trial, the lititgants shall bear the court fee for the hearing of first instance under the decision of the Court of first instance and pay a half of the court fee for the appellate hearing.
• The Court shall accept a change, addition or withdrawal of the appeal or protest prior to the commencement of the trial if this change, addition or withdrawal is made in writing and sent to the Court of Appeal.
• Upon receipt of a written document on the change, addition or withdrawal of the appeal or protest, the Judge who is assigned to preside at the trial must notify it to the other litigants and the Procuracy.
• Where the appellant or protesting Procuracy withdraws the whole appeal or protest prior to the commencement of the trial, the Judge who is assigned to preside at the trial shall issue a decision on suspension of the appellate hearing of the case and the judgment of first instance shall take legal effect.
• Any change, addition or withdrawal of the appeal at the trial must be recorded in the minutes of the trial. If the appellant or the protesting Procuracy withdraws the appeal or protest at the trial, the Trial Panel shall issue a decision on suspension of the appellate hearing of the case and the judgment of first instance shall take legal effect.
• All the decisions issued prior to the commencement of the trial shall be made by the Judge who is assigned to preside at the trial ; and all the decisions issued at the trial shall be made by the Trial Panel.