Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
Viet Nam’s Judicature Law (2001) states: “Any court decision is appealable under the law of procedure.”
Viet Nam’s Criminal Procedure Code (2003) states that defendants have certain rights, including: “To appeal against judgments and decisions of the courts”.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 27. Affirmation of first-instance and appellate procedure
1. Trial by first-instance and appellate Courts is affirmed.
… [F]irst-instance Court’s judgments or rulings may be appealed according to this Law. A first-instance Court’s judgments or rulings, if not appealed by the deadline as defined in this Law, shall come into effect.
… [F]irst-instance Court’s judgments, if appealed, shall be reheard by an appellate Court. The appellate Court’s judgments or rulings shall come into force.
2. A Court’s effective judgments or rulings, if such is found to make a serious error of law or new facts emerge as per this Law, shall be reviewed through the procedures of cassation or reopening, respectively.
Article 61. Defendants
1. Defendants are physical persons or juridical persons tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to this Law.
2. Defendants are entitled to:
m) Appeal against the Court’ judgments and rulings …
Article 331. Right to appeal
1. Defendants, crime victims and their representatives shall have the right to appeal against the judgments or rulings of the first instance court.
2. Defense counsels shall have the right to appeal [to] protect the benefits of individuals aged below 18 or having mental or physical defects, who[m] they have defended.
6. A person declared not guilty by a Court shall have the right to appeal against the justifications of the first-instance court’s verdict of no[t] guilty.