Table Of Contents
Appeals can be made in civil cases, cases of marriage and family, labor, social insurance, taxes, commercial business, administrative lawsuits, and criminal cases. Depending on the case fall under which the jurisdiction of the Court as well as the process and procedure for resolving the case according to administrative proceedings, criminal proceedings or civil proceedings, there will be corresponding provisions about conditions, bases, records and procedures for appeals as prescribed.
1. Legal advice on people who have the right to appeal
For different areas, the person with the right to appeal will be different, so when the client connects with the lawyer via the hotline 1900.6162 will be counseled in detail as follows:
- Consulting entities have the right to appeal in civil cases:
+ The litigants in civil matters and cases related to the Marriage and Family law; labor and insurance laws; business and commercial laws; tax - finance, accounting law; The law in the field of intellectual property has the right to appeal the Court's first-instance judgments/decisions according to appellate procedures;
+ Lawyers providing online advice on the subject matters in order to identify the litigants with the right to appeal according to regulations, including organizations, agencies, individuals and legal representatives for the plaintiffs, the defendant, the person with related rights and obligations in civil cases and matter;
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+ Lawyers provide direct consultancy on drafting a full application of appeals in accordance with the law, preparing the papers and documents to confirm whether the applicant is an eligible person to appeal in accordance with the law;
+ Lawyers online advice on how to determine the legal capacity and civil procedure and identifying act capacity civil procedures of entities have the right to appeal under the provisions of the Code of Civil Procedure.
- Consulting entities have the right to appeal in criminal cases:
+ Lawyers for online legal consultancy in cases of defendants, victims, representatives of defendants, representatives of victims are entitled to appeal;
+ Lawyers online counseling conditions for civil plaintiffs, civil defendants, who have related rights and obligations in criminal cases have the right to appeal;
+ Providing legal advice on conditions for legal representatives and guardians of legitimate rights and interests to litigants who have mental and physical disadvantages, and those under 18 who appeal against first-instance judgments as prescribed by the Court;
+ Counseling on the provisions of the law on the determination of civil acts capacity of competent entities to appeal.
- Advice on competent entities to appeal in administrative cases:
+ Consultants Lawyers legal issues relating to specifying rights of litigants appeal in administrative cases;
+ Advise cases in accordance with the law that the legal representative of the litigant in the administrative case is entitled to appeal;
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+ Legal advice on determining who has the right conditions, legal capacity and administrative proceedings to determine the capacity of administrative acts of their proceedings;
+ Advising on the provisions of the current law on other legal issues related to subjects with the right to appeal on a case-by-case basis or at the request of customers.
2. Legal advice on grounds and conditions for appeals according to regulations
Based on the current law provisions, the staff of the customer support department of Minh Khue Law Firm will advise the following issues for clients:
- Advice, explain the current law provisions on whether to appeal or not, the advantages and disadvantages of making an appeal for each of the different cases, including civil matters, criminal, administrative, ...
- Advice on the conditions determining the appeal of subjects with rights and reason for the appeal, the evidence attached to the appeal procedures as prescribed;
- In case the client is not eligible for an appeal in accordance with the law, there is no basis for an appeal or if the appeal will be more disadvantageous, the lawyer will advise the options and how to handle the case for clients to select the most suitable and beneficial plan in their case to implement;
- Advising on the drafting of an appeal with full contents as prescribed by law, which is the basis for competent state agencies to receive the appeal;
- Advise and guide customers to collect documents and evidence related to the case to submit with the appeal in accordance with the regulations to request an appeal with a higher approved rate.
3. Legal advice on the time limit for appeal
- Advising on the provisions of the current law on the time limit for appeals in criminal cases, the time limit for appeals in civil cases and cases, the time limit for appeals in administrative cases;
- Advising on the provisions of the law on the time limit for appeal against the Judgement of the Court of First Instance;
- Advising on the time limit for appeal against the Decision of the Court of First Instance;
- Advice on how to determine the time of filing an appeal when filing an appeal directly at the Court, filing an appeal through the post, via courier or via the electronic portal of the Court (if any);
- Consulting handling plans in case the appeal has expired;
- Advice on the process and how to appeal to determine the time limit for appeals through the prison management, prison officers in criminal cases where the convicted person is the appellant;
- Advice on how to determine the duration of appeal in the absence of the trial when the Court declares (absence of a good reason or absence without a good reason);
- Explain, answer and analyze the provisions of the law on the time limit for appeal for customers to refer in some specific cases to learn from the actual cases.
4. Legal advice on appeals processes and procedures
After identifying the client meeting the conditions for appeal, the lawyer of Minh Khue law firm will advise on the legal issues related to the process and procedures for appeal as follows:
- Advice on the preparation of all documents and papers to appeal, including the preparation of a complete and correct appeal according to the provisions of law, collecting the attached documents including copies the judgment or Court decision is appealed;
- Advising on the determination of the state agency competent to receive and process an appeal according to regulations;
- Advising on the provisions of the law on the time to resolve appeals, the process and procedures for handling appeals for each case are carried out according to civil procedure, administrative procedures, criminal proceedings;
- Advice on how to receive appeals and petitions, time to process appeals in accordance with law;
- Consult the process and procedure of appeal in case of an overdue appeal;
- Consult the process and procedures to submit a request to the competent state agency to protest in accordance with the law.
Please contact the hotline 1900.6162 For advice and answers about procedures, the appeal process in the quickest - most effective - economical way. Depending on the requirements of the client or in some specific cases, lawyers, legal counsel of Minh Khue law firm will advise and answer your questions via email or advice letter for clients to know in detail and specific provisions of the law corresponding to the customer's case.
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Sincerely thank ./.
Legal advice department - Minh Khue Law Company