In which case is the precedent annulled? What is the precedent annulling procedure in Vietnam?
What is the precedent?
Pursuant to the provisions of Article 1 of Resolution No. 04/2019/NQ-HDTP stipulating as follows:
Precedents
A precedent means arguments and rulings in a legally effective judgment or decision (hereinafter referred to as “judgment") of the courts that are selected by the Council of Justices of the Supreme People’s Court and published by the Chief Justice of the Supreme People’s Court in order for other courts to study and apply them when deciding later cases.
Thus, a precedent means arguments and rulings in a legally effective judgment or decision of the courts that are selected by the Council of Justices of the Supreme People’s Court and published by the Chief Justice of the Supreme People’s Court in order for other courts to study and apply them when deciding later cases.
Currently, Vietnam has 63 officially published precedents.
In which case is the precedent annulled? What is the precedent annulling procedure in Vietnam?
In which case is the precedent annulled?
Pursuant to the provisions of Article 9 of Resolution No. 04/2019/NQ-HDTP stipulating annulment of precedents as follows:
Annulment of precedents
1. Precedents will be annulled if they are no longer suitable due to the changes of the lawsoft.
2. The Council of Justices of Supreme People’s Court will consider and decide on the annulment of precedent when:
a) The precedent is no longer suitable due to other changes;
b) The judgment on which the precedent is based has been annulled, entirely amended or only the section related to the precedent of the judgment is amended.
Thus, the precedent will be annulled in two cases:
- Precedents will be annulled if they are no longer suitable due to the changes of the lawsoft.
- The Council of Justices of Supreme People’s Court will consider and decide on the annulment of precedent.
What is the precedent annulling procedure in Vietnam?
Pursuant to Article 10 of Resolution No. 04/2019/NQ-HDTP stipulating as follows:
Precedent annulling procedure
1. Individuals, agencies, organizations and Courts must propose the Supreme People’s Court to consider the annulment of precedent upon discovering a precedent which falls into any of the provisions specified in Clause 2 Article 9 of this Resolution.
2. The Court who has annulled or amended the judgment specified in Point b Clause 2 Article 9 of this Resolution must send a report together with the decision to annul or amend the judgment to the Supreme People’s Court for consideration of annulment of precedent within 05 working days from the day in which the decision is made.
3. Within 30 days from the day on which the proposition, report specified in Clause 1, Clause 2 of this Article is received, the Chief Justice of the Supreme People’s Court must hold a general meeting of Council of Justices of Supreme People’s Court to consider the annulment of the precedent.
The Council of Justices of the Supreme People’s Court shall vote on the annulment of precedent according to guidelines specified in Clause 3 Article 6 of this Resolution.
Based on the voting results of the Council of Justices of the Supreme People’s Court, the Chief Justice of Supreme People’s Court shall declare the annulment of precedent and specify the date on which the precedent is annulled. The precedent annulment declaration shall be uploaded on the website of the Supreme People’s Court; sent to Courts, units affiliated to the Supreme People’s Court.
Thus, the precedent annulling procedure is as follows:
(1) Individuals, agencies, organizations and Courts must propose the Supreme People’s Court to consider the annulment of precedent upon discovering a precedent which falls into any of the following cases:
- The precedent is no longer suitable due to other changes;
- The judgment on which the precedent is based has been annulled, entirely amended or only the section related to the precedent of the judgment is amended.
(2) The Court who has annulled or amended the judgment specified in Point b Clause 2 Article 9 of this Resolution must send a report together with the decision to annul or amend the judgment to the Supreme People’s Court for consideration of annulment of precedent within 05 working days from the day in which the decision is made.
(3) Within 30 days from the day on which the proposition, report is received, the Chief Justice of the Supreme People’s Court must hold a general meeting of Council of Justices of Supreme People’s Court to consider the annulment of the precedent.
The Council of Justices of the Supreme People’s Court shall vote on the annulment of precedent according to the following rules:
A meeting of the Council of Justices of the Supreme People's Court is considered valid when it is attended by at least two-third of members of the Council of Justices; a decision of the Council of Justices of the Supreme People's Court is ratified when it is voted for by more than half of the participating members.
Based on the voting results of the Council of Justices of the Supreme People’s Court, the Chief Justice of Supreme People’s Court shall declare the annulment of precedent and specify the date on which the precedent is annulled.
The precedent annulment declaration shall be uploaded on the website of the Supreme People’s Court; sent to Courts, units affiliated to the Supreme People’s Court.
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