Every year, the Provincial People's Court must propose at least 05 valid judgments and decisions to form in Vietnam a source of case precedent development in Vietnam.
What are the precedents and criteria for choosing precedents?
Pursuant to the provisions in Articles 1 and 2 of Resolution 04/2019/NQ-HDTP stipulating case precedents and criteria for selecting case precedents, accordingly:
- Case precedent is the arguments and rulings in the legally effective judgment or decision of the Court about a specific case selected by the Council of Judges of the Supreme People's Court and selected by the Chief Justice of the Court. Publication by the Supreme People is a precedent for the Courts to study and apply in trial.
The selected case law must meet the following criteria:
Valuable for clarifying provisions of the law that also have different interpretations, analysis and explanations of legal issues and events, and points out principles, handling lines and legal regulations to be applied in a specific case or show fairness in respect of issues that are not specifically regulated by law;
+ Having standards;
+ Valuable to guide the uniform application of the law in adjudication.
How is precedent applied in the trial process?
Pursuant to Article 8 of Resolution 04/2019/NQ-HDTP stipulating the application of case precedent in trial as follows:
“Article 8. Application of case law in trial
1. Case precedents shall be studied and applied in trial after 30 days from the date of publication.
2. When adjudicating, judges and jurors must study and apply case precedents, ensuring that cases with similar legal situations are handled equally. In case the case has a similar legal situation but the Court does not apply precedent, the reason must be clearly stated in the Court's judgment or decision.
3. Where the Court applies case precedent to settle a case, the number, name of the precedent, the legal situation, the legal solution in the precedent, and the legal situation of the case being resolved must be cited. , analyzed in the section “Judges of the Court”; On a case-by-case basis, all or part of the content of the case law may be quoted to clarify the Court's position in the adjudication and settlement of a similar case.
Accordingly, after 30 days from the date of publication, case precedent will be studied and applied. The application must ensure that cases with similar legal situations are treated equally.
Every year, the Provincial People's Court must propose at least 05 valid judgments and decisions to form in Vietnam a source of case precedent development in Vietnam.
Is the responsibility to submit a proposal for a legally effective judgment or decision a source to develop into a precedent?
Pursuant to the provisions of Official Letter 94/TANDTC-PC in 2022 on the responsibility of submitting proposals for legally effective judgments and decisions, the source for development into case precedents is as follows:
“In order to ensure the goal of strengthening the development and application of case law in the People's Court, and upholding the sense of responsibility in work, the Supreme People's Court recommends that the Chief Justices of the People's Court and Chief Justices of Military Courts at all levels, Directors of Departments of Director of Inspection I, II, III urge and strictly perform the above tasks according to the direction of Comrade Chief Justice of the Supreme People's Court. whereby:
- High-level People's Courts, People's Courts of provinces and centrally run cities must each propose at least 05 legally effective judgments and decisions as a source to develop into case law/01 five;
- The Departments of Director of Inspection I, II, III each have to propose at least 03 legally effective judgments and decisions as a source to develop into 01 year precedent;
- Military courts of military zones and the equivalent of each unit must propose at least 02 legally effective judgments and decisions as a source to develop into 01 year precedent. The Central Military Court has the responsibility to monitor and urge the performance of this task by military courts of military zones and the equivalent;
The content of the proposed precedent must clearly state: the number and date, month and year of the promulgation of the judgment or decision proposed to develop the precedent; case law situations and proposed legal solutions. The proposals of the units are requested to be sent to the Supreme People's Court through the Department of Legal and Scientific Management and send the word file to the email box Phonganlespc@gmail.com for the Department of Legal and Scientific Management to research. Research and develop draft precedents and submit them to the Council of Judges of the Supreme People's Court.
This is a new but extremely important task. Therefore, the Supreme People's Court proposes that the Chief Justices of the People's Courts and Military Courts at all levels, the Directors of the Departments of Inspection Directors I, II, III thoroughly grasp and organize the strict implementation. The Department of Legal and Scientific Management shall coordinate with the Department of Emulation and Commendation to monitor, synthesize and report to the People's Court Emulation Council on the results of proposing, developing and applying case precedents for consideration and evaluation. competition price at the end of the year.”
Thus, the People's Court of the province must propose at least 05 legally effective judgments and decisions as a source to develop into a 01-year case precedent.
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