OVERDUE APPEALS IN CIVIL PROCEEDINGS – A PERSPECTIVE FROM LAW AND PRACTICE

In civil proceedings, the right to appeal constitutes one of the fundamental procedural rights of the litigants, serving as a safeguard to ensure the objectivity and fairness of judgments and decisions rendered by the Court. While the law provides establishes a definitive statutory time limit for lodging appeals, in practice, numerous instances arise where litigants file their appeal petitions beyond the prescribed deadline. This practical reality gives rise to a critical question: under what circumstances may an overdue appeal be deemed to have a “justifiable reason” and thereby be accepted by the Court, and conversely, when must such a petition be rejected as inadmissible?

Pursuant to Article 275 of the Code of Civil Procedure 2015 regarding overdue appeals:

“Article 275. Overdue Appeal

1. An appeal lodged after the time limit prescribed in Article 273 of this Code shall be deemed an overdue appeal. Upon receipt of a petition for an overdue appeal, the Court of First Instance must forward such petition, together with the appellant’s written statement explaining the reasons for the delay and any supporting documents or evidence (if any), to the Appellate Court.
2. Within ten (10) days from the date of receipt of the petition for an overdue appeal and the accompanying documents and evidence, the Appellate Court shall establish a panel composed of three Judges to review the matter. The review session shall include the participation of a representative of the People’s Procuracy of the same level and the appellant. The session may, however, proceed in the absence of either the appellant or the Procurator.
3. Based on the documents and evidence relevant to the overdue appeal, as well as the opinions presented by the appellant and the representative of the People’s Procuracy at the session, the judicial panel shall decide, by majority vote, whether to accept or reject the overdue appeal. The decision must clearly set out the reasons for acceptance or rejection and shall be served upon the appellant, the Court of First Instance, and the People’s Procuracy of the same level. Where the Appellate Court accepts the overdue appeal, the Court of First Instance shall carry out subsequent procedures in accordance with the provisions of this Code”.

1. Procedure for consideration of an overdue appeal

Upon receipt of a petition for an overdue appeal, the Court of First Instance Court shall transfer the entire case file – including the petition, the appellant’s written statement setting out the reasons for the late filing, and any supporting documents or evidence (if any) – to the Appellate Court. At this stage, a judicial panel composed of three Judges shall be constituted to review the petition. The review session shall involve the participation of a representative of the People’s Procuracy of the same level and the appellant. The session may, however, proceed in the absence of either the Procuracy’s representative or the appellant.

2. Time limit for consideration:

The Appellate Court is required to complete its consideration of the overdue appeal within ten (10) days from the date of receipt of the case file. However, in practice, this period may be extended, depending on the Court’s handling of the matter.

3. Legal consequences:

After examining the relevant documents, evidence, and the opinions presented at the review session, the judicial panel shall, by majority vote, determine whether to accept or reject the overdue appeal. The decision must set out the reasons in detail and shall be served upon the appellant, the Court of First Instance, and the People’s Procuracy of the same level.

If the overdue appeal is accepted: the Court of First Instance shall proceed with appellate procedures in accordance with the 2015 Code of Civil Procedure.

If the overdue appeal is rejected: the petition shall not be subject to appellate review, and the judgment of the Court of First Instance shall remain legally effective and enforceable.

4. Judicial practice on overdue appeals

For instance, in the case of a “Dispute over a Sale and Purchase Contract” between Company K and Company V, the People’s Court of District 7 issued First-Instance Judgment No. 55/KT-ST dated 16 July 2024. However, Company K asserted that throughout the proceedings, from the acceptance of the case to the trial, it had not received any notifications or procedural documents from the Court. The company explained that this was because its business operations had been suspended at its registered head office, with no staff present at the premises, while its legal representative was frequently abroad. It was not until early 2025, when the legal representative returned to Vietnam, that the company became aware of the case and the first-instance judgment. Accordingly, on 11 April 2025, Company K filed a appeal petition accompanied by a written explanation and supporting evidence for its overdue filing.

At present, the Appellate Court is still considering whether the reasons advanced by Company K constitute “justifiable grounds” under the law. The outcome – whether the overdue appeal will be accepted or rejected – depends on whether the company can sufficiently demonstrate that its delay in filing resulted from objective circumstances beyond its control.

In practice, Courts rarely accept overdue appeals, except in cases where there is clear and compelling evidence that the late filing was attributable to objective impediments. Such circumstances may include erroneous service of process by the Court; the appellant genuinely receiving the judgment at a significantly later date; serious illness, accidents, natural disasters, epidemics; or unavoidable absence due to force majeure or other objective obstacles—provided that such claims are substantiated with proper documentation. Conversely, reasons such as lack of legal knowledge, negligence, indifference to the proceedings, or deliberate delay are generally not deemed legitimate grounds for acceptance of an overdue appeal.