Types of judgments under the law in Vietnam

The judgments in Vietnam can be classified in different ways as follows:

1. According to the legal effect:

* Judgment with legal effect:

A certain judgment must be respected and enforced, including: the first-instance judgment that has expired the deadline for appeal or protest without being appealed or protested; the first-instance judgment that is also a appellate judgment, a cassation judgment, or a final judgment. Judgments and decisions of the People's Court that have legal effect must be complied with by state agencies, economic organizations, social organizations, armed forces, and relevant individuals and units. Only the director of the court or the appellate court can amend or annul a judgment that has legal effect.

* Judgment without legal effect:

The first-instance judgment that has not expired the deadline for appeal or protest, or has been appealed or protested but not yet reviewed by the appellate court. A judgment without legal effect cannot be enforced.

2. According to the legal field:

* Criminal judgment:

This is a judgment rendered in a criminal case. The court issues the judgment in the name of the Socialist Republic of Vietnam.

The judgment must be signed by all members of the judging panel.

- The first-instance judgment must specify:

+ The name of the court conducting the first-instance trial; the case number and date of receiving the case; the judgment number and date of pronouncement; the names of the members of the judging panel, the court clerk, and the prosecutor; the full name, date of birth, place of birth, residence, occupation, education level, ethnicity, criminal record, and previous offenses of the defendant; the date of temporary detention or custody of the defendant; the full name, age, occupation, place of birth, and residence of the defendant's representative; the names of the defense counsel, witnesses, experts, property appraisers, interpreters, translators, and other persons summoned by the court to participate in the trial; the full name, age, occupation, and residence of the victim, the plaintiff, and their representatives; the decision number, date, and year on bringing the case to trial; whether the trial is public or closed; the time and place of the trial;

+ The case statement or indictment number, date, and year; the name of the prosecuting agency; the defendant's actions according to the charges brought by the prosecuting agency; the charges, articles, sections, and clauses of the Criminal Law and the prescribed penalties, additional penalties, judicial measures, and compensation for damages recommended by the prosecuting agency for the defendant; handling of evidence;

+ Opinions of the defense counsel, victim, plaintiff, and other participants summoned by the court;

+ The judgments of the judging panel must analyze the evidence that establishes guilt, the evidence that establishes innocence, whether the defendant is guilty and, if so, the specific crime, according to the articles, sections, and clauses of the Criminal Law and other applicable legislation, aggravating or mitigating circumstances, criminal liability, and how it should be handled. If the defendant is found not guilty, the judgment must specify the basis for determining the defendant's innocence and the measures to restore their honor, rights, and legitimate interests according to the provisions of the law;

+ Analysis of the reasons why the judging panel does not accept the incriminating evidence, exonerating evidence, requests, or proposals made by the prosecutor, defendant, defense counsel, victim, plaintiff, and representatives or protectors of their rights and legitimate interests;

+ Analysis of the legality of the acts and procedural decisions of the investigator, prosecutor, and defense counsel during the investigation, prosecution, and trial;

+ The decisions of the judging panel on each issue to be resolved in the case, the court fees, and the right to appeal the judgment. If there is a decision that must be immediately enforced, it must be clearly stated.

- The appellate judgment must specify:

+ The name of the appellate court; the case number and date of receiving the case; the judgment number and date of pronouncement; the names of the members of the appellate panel, the court clerk, and the prosecutor; the full name, date of birth, place of birth, residence, occupation, education level, ethnicity, criminal record, and previous offenses of the defendant with appeals, protests, or appeals; the date of temporary detention or custody of the defendant; the full name, age, occupation, place of birth, and residence of the defendant's representative; the names of the defense counsel, experts, interpreters, and other persons summoned by the court to participate in the trial; the full name, age, occupation, residence, and address of the victim, the plaintiff, and their representatives; the name of the prosecuting agency with protests; whether the trial is public or closed; the time and place of the trial;

+ Summary of the case, decision in the first-instance judgment; content of the appeal and protest; assessment of the appellate court; grounds for accepting or rejecting the appeal and protest; provisions of the Penal Code; and other legal documents that the appellate court relies on to resolve the case;

+ Decision of the appellate court on each issue to be resolved in the case due to the appeal and protest, on the court fees in the first-instance and appellate proceedings.

*Civil judgment:

This is a judgment in a civil case. The court issues the judgment in the name of the Socialist Republic of Vietnam.

The judgment includes an introduction, the content of the case and the court's assessment, and the court's decision, specifically as follows:

+ In the introduction, the name of the first-instance court must be clearly stated; the case number and date of acceptance; the judgment number and date of the verdict; the names of the members of the trial panel, the court clerk, the prosecutor, the expert witness, the interpreter; the name and address of the plaintiff, defendant, persons with relevant rights and obligations, the initiating agency, organization, or individual; the legal representative, the person protecting the rights and legitimate interests of the litigant; the disputed object; the number, date, month, and year of the decision to bring the case to trial; whether the trial is public or closed; the time and place of the trial;

+ In the content of the case and the court's assessment, the plaintiff's claims, the claims of the initiating agency, organization, or individual, the counterclaims and requests of the defendant, and the independent claims and requests of the persons with relevant rights and obligations must be stated.

The court must rely on the evidence and documents considered at the trial, the results of the proceedings to analyze, evaluate, and objectively assess the circumstances of the case and the legal basis. If the case falls under the provisions of Article 4, Clause 2 of this Law, the court must also rely on customs, similar laws, fundamental principles of civil law, and equity to accept or reject the litigant's requests and proposals and resolve other related issues;

+ In the decision, the legal basis, the court's decision on each issue to be resolved in the case, the application of urgent temporary measures, court fees, litigation costs, and the right to appeal against the judgment must be clearly stated; if there is a decision that must be immediately enforced, it must be specified.

*Administrative judgment:

This is a judgment in an administrative case. The court issues the judgment in the name of the Socialist Republic of Vietnam.

The judgment includes an introduction, the content of the case and the court's assessment, and the court's decision, specifically as follows:

+ In the introduction, the name of the first-instance court must be clearly stated; the case number and date of acceptance; the judgment number and date of the verdict; the names of the members of the trial panel, the court clerk, the prosecutor, the expert witness, the interpreter; the name and address of the plaintiff, defendant, persons with relevant rights and obligations; the initiating agency or organization; the legal representative; the person protecting the rights and legitimate interests of the litigant; the object of the lawsuit; the number, date, month, and year of the decision to bring the case to trial; whether the trial is public or closed; the time and place of the trial;

+ In the content of the case and the court's assessment, the plaintiff's claims, the claims of the initiating agency or organization, and the requests and demands of the persons with relevant rights and obligations must be stated.

The court must rely on the results of the proceedings, the evidence considered at the trial to analyze, evaluate, and objectively assess the circumstances of the case, the legal basis (if any) applied by the court to accept or reject the litigant's requests, proposals, and resolve other related issues;

+ In the decision, the legal basis, the court's decision on each issue to be resolved in the case, the application of urgent temporary measures, court fees, litigation costs, and the right to appeal against the judgment must be clearly stated; if there is a decision that must be immediately enforced, it must be specified.

*Foreign civil judgments and decisions of foreign courts

These are civil judgments, decisions regarding civil, marriage and family, business, commerce, labor, decisions regarding property in civil judgments, decisions regarding criminal, administrative matters of foreign courts, and other judgments, decisions of foreign courts that, according to Vietnamese law, are considered civil judgments, decisions.

Legal basis:

+ Civil Procedure Code 2015

+ Criminal Procedure Code 2015

+ Law on Administrative Procedures 2015