Title:A Compilation of 56 Precedent Cases Announced in Vietnam Up to Present - Criteria for Selecting Precedent Cases.
Up to now, how many precedents have been announced by the People's Courts?
The Supreme People's Court has just issued Decision 323/QD-CA of 2022 announcing an additional 04 precedents approved by the Council of Judges of the Supreme People's Court, bringing the total number of announced precedents to 56, including:
- Precedent No. 01/2016/AL regarding the Murder case- Precedent No. 02/2016/AL regarding the property dispute case- Precedent No. 03/2016/AL regarding the divorce case- Precedent No. 04/2016/AL regarding the dispute over the contract for the transfer of land use rights- Precedent No. 05/2016/AL regarding the inheritance dispute case- Precedent No. 06/2016/AL regarding the inheritance dispute case- Precedent No. 07/2016/AL regarding the recognition of house sale contracts before July 01, 1991- Precedent No. 08/2016/AL regarding the determination of interest rates, interest rate adjustments in credit contracts from the date following the first-instance trial date- Precedent No. 09/2016/AL regarding the determination of overdue debt interest rates on the market and the interest payment on penalty amounts, compensations- Precedent No. 10/2016/AL regarding administrative decisions as the subject of administrative lawsuits- Precedent No. 11/2017/AL regarding the recognition of land mortgage contracts when the land has assets not belonging to the mortgagor- Precedent No. 12/2017/AL regarding the identification of a properly summoned litigant after the court adjourned the session- Precedent No. 13/2017/AL regarding the validity of letters of credit (L/C) in international sale contracts when the underlying contract is canceled- Precedent No. 14/2017/AL regarding the recognition of conditions in land donation contracts not stated in the agreement- Precedent No. 15/2017/AL regarding the recognition of oral agreements between litigants in the conversion of agricultural land use rights- Precedent No. 16/2017/AL regarding the recognition of inheritance transfer contracts by co-heirs- Precedent No. 17/2018/AL regarding the factor of "Thuggish nature" in the offense of "Murder" with accomplices- Precedent No. 18/2018/AL regarding the act of killing a law enforcement officer in the crime of "Murder"- Precedent No. 19/2018/AL regarding the determination of embezzled asset values in the crime of "Embezzlement of property"- Precedent No. 20/2018/AL regarding the establishment of a labor contract after the probation period ends- Precedent No. 21/2018/AL regarding fault and damage in unilateral termination of property lease contracts- Precedent No. 22/2018/AL regarding non-violation of the obligation to provide medical information in life insurance contracts- Precedent No. 23/2018/AL regarding the validity of life insurance contracts when policyholder fails to pay premiums due to the insurer’s fault- Precedent No. 24/2018/AL regarding the conversion of inherited property into legally owned and used personal assets- Precedent No. 25/2018/AL regarding non-liability for deposit forfeiture due to objective reasons- Precedent No. 26/2018/AL regarding the determination of the start time for the limitation period and the statute of limitations for requesting division of inherited real estate- Precedent No. 27/2019/AL regarding the acceptance and resolution of administrative cases related to land managed and used by the state according to policies prior to July 01, 1991- Precedent No. 28/2019/AL regarding the crime of "Murder in a state of intense mental agitation"- Precedent No. 29/2019/AL regarding embezzled assets in the crime of "Robbery"- Precedent No. 30/2020/AL regarding the act of deliberately driving over a traffic accident victim- Precedent No. 31/2020/AL regarding the determination of house rental and purchase rights under Government Decree No. 61/CP dated July 05, 1994, as property rights- Precedent No. 32/2020/AL regarding land cleared by individuals who subsequently emigrated and long-term stable management by others- Precedent No. 33/2020/AL regarding land granted but unused and managed, used by others stably and long-term- Precedent No. 34/2020/AL regarding the right to dispose of land compensation value in cases where land is expropriated- Precedent No. 35/2020/AL regarding Vietnamese persons relinquishing agricultural land when emigrating abroad- Precedent No. 36/2020/AL regarding the validity of land mortgage contracts when land use rights certificates are revoked or canceled- Precedent No. 37/2020/AL regarding the validity of property insurance contracts when premiums are paid after the due date- Precedent No. 38/2020/AL regarding refusal to accept claims for assets allocated by a legally effective judgment- Precedent No. 39/2020/AL regarding determination of unsuccessful conditional civil transactions- Precedent No. 40/2021/AL regarding the recognition of actual land use right transfers- Precedent No. 41/2021/AL regarding termination of de facto marriages- Precedent No. 42/2021/AL regarding consumer's right to select the court when an arbitration agreement exists in standard contracts- Precedent No. 43/2021/AL regarding the validity of mortgage contracts when collaterals are land and houses transacted but unpaid- Precedent No. 44/2021/AL regarding the determination of the counterclaim statute of limitations- Precedent No. 45/2021/AL regarding determining the offense of "Attempted Murder"- Precedent No. 46/2021/AL regarding determining the aggravating circumstance "Against a child under the offender’s care" in the crime of "Molesting a Child"- Precedent No. 47/2021/AL regarding identifying crimes when the accused used dangerous weapons to attack vital body parts of the victim- Precedent No. 48/2021/AL regarding the mitigating factor "returning illicit gains"- Precedent No. 49/2021/AL regarding determining the unlawfulness of administrative decisions issued without jurisdiction- Precedent No. 50/2021/AL regarding the right to initiate lawsuits for asset recovery based on final judgments- Precedent No. 51/2021/AL regarding the determination of ownership over parking spaces in apartment complexes- Precedent No. 52/2021/AL regarding the validity of land donation contracts without land use right registration- Precedent No. 53/2022/AL regarding annulment of illegal marriages- Precedent No. 54/2022/AL regarding the determination of custody rights for children under 36 months old when the mother does not directly care for the child- Precedent No. 55/2022/AL regarding the recognition of the validity of contracts with form violations- Precedent No. 56/2022/AL regarding the resolution of disputes over grave relocation
See detailed content of the 56 precedents here.
Word file with 56 precedents announced to date in Vietnam? What are the criteria for selecting precedents?
What are the criteria for selecting precedents?
Based on Article 1 and Article 2 of Resolution 04/2019/NQ-HDTP, the concept and criteria for selecting precedents are defined as follows:
- A precedent is a legal argument, ruling in a legally effective court judgment or decision on a specific case, chosen by the Council of Judges of the Supreme People's Court and announced by the Chief Justice of the Supreme People's Court as a precedent for courts to study and apply in adjudication.
- A precedent must meet the following criteria:
+ Clarify legal provisions that have multiple interpretations, analyze and explain legal issues, events, and identify principles, solutions, legal norms to apply in a specific case or reflect fairness for issues not specifically provided by law;
+ Have standard reasoning;
+ Provide guidance for uniform application of law in adjudication.
How are precedents applied in adjudication?
According to Article 8 of Resolution 04/2019/NQ-HDTP, the application of precedents in practice is as follows:
Application of precedents in adjudication
1. Precedents are studied and applied in adjudication after 30 days from the date of announcement.
2. Judges and assessors must study and apply precedents, ensuring that cases with similar legal situations are resolved similarly. If a similar legal situation is not applied with a precedent, the court must state the reason in its judgment or decision.
3. When applying precedents to resolve a case, the number, title of the precedent, the legal situation, the legal solution in the precedent, and the legal situation of the case being resolved must be cited and analyzed in the court’s reasoning section; depending on the specific case, the content of the precedent can be quoted in full or in part to clarify the court's viewpoint in adjudicating the case similarly.
After 30 days from the date of announcing a precedent, the precedent is applied, ensuring that cases with similar legal situations are resolved similarly.
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