To appeal a first-instance civil or commercial judgment in Vietnam, you file a written appeal with the court that issued the judgment within a short deadline, currently 15 days from the date it was pronounced if you were present, and pay an appeal fee advance; the case is then reheard by the court one level up. The appeal judgment takes legal effect immediately. After that, only the exceptional cassation and reopening procedures remain, and they are not a routine third chance.
Vietnam runs a two-tier trial system, so the appeal is your last ordinary opportunity to change the outcome. Because the deadline is short and counted from the pronouncement, foreign parties need to decide quickly, often before they have a full written judgment in English. This guide explains who can appeal, the deadline and filing steps, fees and new evidence, what the appeal court can decide, and how cassation and reopening work. Deadlines and procedures can be amended, so confirm the timing that applies to your judgment with a licensed Vietnamese lawyer the day it is pronounced.
Two levels of trial: why the appeal matters so much
Vietnamese civil procedure is built on two levels of trial: first instance and appeal. The first-instance court examines the facts and the law and issues a judgment. If no one appeals within the time allowed, that judgment becomes legally effective and enforceable. If someone does appeal, the parts of the judgment under appeal do not take effect, and the case goes to the court at the next level for an appeal hearing.
Since the 2025 court reorganisation, most first-instance civil cases are heard by regional people's courts, and appeals against their judgments go to the provincial-level people's court. Where a provincial court itself decides at first instance in the cases assigned to it, the appeal goes to the level above under the amended rules. The detail matters less to you than the principle: the appeal is filed through the court that decided the case, and you do not choose the appeal court.
An appeal in Vietnam is a full rehearing on the parts appealed, not just a review of legal errors. The appeal court can look again at the facts and the evidence, including new evidence in some circumstances, and can reach a different conclusion. This is a significant difference from systems where appeals are limited to points of law.
Once the appeal judgment is pronounced, it takes effect immediately. There is no further ordinary appeal. For that reason, an appeal should be prepared as carefully as the first-instance case, with a clear statement of what is wrong in the judgment and why.
Who can appeal, and against what
Parties and their representatives. The claimant, the defendant and any person with related rights and obligations can appeal, personally or through an authorised representative whose power of attorney covers appeals. Check the scope of the authority you gave; a power of attorney limited to the first instance may not be enough.
Against the judgment or parts of it. You can appeal the entire first-instance judgment or only specific parts, such as the amount of damages or the allocation of court fees. Parts that no one appeals take effect after the appeal deadline expires.
Against certain decisions as well. Some decisions made by the first-instance court, such as a decision to suspend or terminate the case, can also be appealed, generally within a shorter deadline than for judgments.
The procuracy can lodge a protest. The people's procuracy at the same level or the level above can protest a first-instance judgment if it considers there were violations of law. A protest has a similar effect to an appeal, bringing the case before the appeal court.
Not against a recognised settlement. A decision recognising a settlement reached between the parties takes effect immediately and is not open to appeal. It can be reviewed only through the exceptional procedures, and on narrow grounds, such as mistake, fraud or coercion.
The deadline and how to file an appeal
Speed is the essence of a Vietnamese appeal. The usual sequence is:
- On the day the judgment is pronounced, note the date and ask your lawyer to summarise the operative parts in English. For a party present at the pronouncement, the appeal deadline currently runs 15 days from that day.
- If you were absent with a valid reason, the deadline is counted from the date you received the judgment or the date it was posted publicly. Confirm with your lawyer which starting point applies to you.
- Decide quickly whether to appeal, and which parts. If the full written judgment has not yet reached you, a lawyer can still file an appeal identifying the parts challenged and the reasons, and supplement it later within the rules.
- Prepare the written appeal in Vietnamese, stating the judgment appealed, the parts challenged, the reasons and your requests to the appeal court, signed by you or your authorised representative.
- File it with the first-instance court that issued the judgment, together with any new evidence you rely on. Filing by post counts from the postmark date.
- Pay the advance on the appeal fee within the time stated in the court's notice and hand in the receipt. Failure to pay without a valid reason can be treated as abandoning the appeal.
- If you miss the deadline for a genuine reason, file a late appeal with an explanation and evidence; the appeal court decides whether to accept it.
Do not wait for a certified English translation of the judgment before acting. Translation takes time you do not have; decide on the basis of your lawyer's summary and file within the deadline.
The appeal fee, new evidence and changing requests
The appeal fee is a fixed amount for civil and commercial cases, separate from the first-instance court fee, and is usually far smaller than the first-instance fee in a large money claim. You pay an advance when appealing, and the appeal judgment decides who bears it. If the appeal succeeds, the appellant generally does not bear the appeal fee. Check the current amount with the court.
New evidence can be submitted on appeal, but the appeal court looks critically at evidence that could have been produced at first instance and was not. The rules expect parties to explain why the evidence was not provided earlier. Evidence that only came into existence after the first-instance judgment, or that a party genuinely could not obtain, has a better chance of being considered.
The appeal court decides within the scope of the appeal and the parts of the judgment related to it. You can withdraw or narrow your appeal, but widening it beyond the original scope after the deadline is restricted. That is a further reason to think carefully about every part you want to challenge before filing.
If the other side appeals and you do not, you can still argue in the appeal hearing that the first-instance judgment was correct in the challenged parts. If you are unhappy with other parts, however, you must file your own appeal on time.
What the appeal court can decide
After the appeal hearing, the appeal court issues a judgment or decision. The main possible outcomes are set out below.
| Outcome | What it means | Practical effect |
|---|---|---|
| Uphold the first-instance judgment | The appeal is rejected and the judgment stands | The judgment takes effect and can be enforced |
| Amend the first-instance judgment | The appeal court changes some or all of the outcome itself | The amended judgment takes effect immediately |
| Set aside and send back for retrial | Serious procedural violations or incomplete evidence that the appeal court cannot cure | The case returns to first instance and starts that stage again |
| Set aside and terminate the case | The case should not have proceeded, for example because the claim was not admissible | The dispute ends without a decision on the merits |
| Terminate the appeal hearing | The appellant withdraws or is treated as having abandoned the appeal | The first-instance judgment takes effect |
A retrial order can add a year or more to a case, so if procedural errors occurred at first instance, think about whether an amended judgment is achievable and argue for it where you can.
After the appeal: cassation and reopening are exceptional
Once the appeal judgment takes effect, it can be reviewed only through two extraordinary procedures. Cassation review applies where there were serious violations of procedure, mistakes in applying the law, or conclusions inconsistent with the facts that affected the parties' rights. Reopening review applies where new, significant facts are discovered that the court and the parties could not have known at the time.
Parties cannot start these procedures themselves. They can send a written request to the persons who hold the power to protest, such as the chief justice or the chief procurator at the appropriate level, asking them to consider a protest. Requests must be made within limited time periods after the judgment takes effect, and only a protest by an authorised official leads to a review hearing.
After the 2025 reform, the allocation of cassation and reopening review between provincial courts and the Supreme People's Court was changed along with the abolition of the high people's courts. Your lawyer can tell you which body to approach for a particular judgment.
Realistically, only a small share of requests leads to a protest. Plan your case on the assumption that the appeal is the last real opportunity, and treat cassation as a safety valve for serious errors, not as a further round.
When you need a Vietnamese lawyer
An appeal is no time to handle things alone. The deadline is short, the appeal must identify concrete errors in a Vietnamese judgment, and the appeal hearing is often decided on how precisely those errors are argued. A licensed Vietnamese lawyer can read the judgment the day it is pronounced, advise whether an appeal has realistic prospects, and file in time.
If you change lawyers between instances, make sure the new lawyer receives the whole court file promptly and that your power of attorney covers the appeal. Also consider what happens to enforcement while the appeal runs, and whether interim measures already ordered remain in place.
Ask the lawyer for a frank view on cost and prospects, including the chance that the appeal court sends the case back for retrial rather than deciding it. Sometimes a negotiated settlement after a first-instance judgment, using the judgment as leverage, is the better commercial result. A party that has just won at first instance may accept a discount for certainty and speed, while a party that has just lost may prefer a negotiated payment plan to an appeal it expects to lose. Your lawyer can open that conversation without weakening your appeal position, as long as the deadline is protected by filing in time.
Frequently asked questions
How long do I have to appeal a judgment in Vietnam?
For a party present when the judgment is pronounced, the deadline for appealing a first-instance civil judgment is currently 15 days from the pronouncement. If you were absent, it runs from receipt or public posting of the judgment. Confirm the exact date with a licensed lawyer immediately.
Can I appeal only part of the judgment?
Yes. You can appeal the whole judgment or specific parts, such as the amount awarded or the allocation of fees. Parts that nobody appeals take effect when the appeal deadline expires, so identify every part you disagree with in your appeal.
Can I bring new evidence on appeal?
You can, but the appeal court will ask why it was not produced at first instance. Evidence that arose after the judgment or that you could not obtain earlier stands a better chance. Evidence you simply held back is likely to be viewed with suspicion.
Is the appeal judgment final?
Yes. The appeal judgment takes legal effect from the date it is pronounced and can be enforced. It can only be reviewed through the extraordinary cassation or reopening procedures, which require a protest by an authorised official and are granted in a minority of cases.
Which court hears appeals now that district courts are gone?
Since 1 July 2025, most first-instance civil cases are heard by regional people's courts, and appeals against their judgments go to the provincial-level court. You file the appeal through the court that issued the judgment, which forwards the file to the appeal court.
Can a settlement decision be appealed?
No. A court decision recognising the parties' settlement takes effect immediately and cannot be appealed. It can only be reviewed under the extraordinary procedures, for example where the settlement was reached through mistake, fraud or coercion.