The People's Courts of the provinces and centrally-run cities must propose at least 05 versions to form the development code each year?
What kind of judgment is considered a precedent in Vietnam?
Pursuant to Article 2 of Resolution 04/2019/NQ-HDTP of the Council of Judges of the Supreme People's Court stipulating the criteria for case precedent in Vietnam as follows:
“Article 2. Criteria for selecting case precedents
The selected case law must meet the following criteria:
1. Valuable in clarifying provisions of the law with different interpretations, analyzing and explaining legal issues and events, and indicating principles, handling lines and legal regulations to be applied in a particular case or to show fairness in respect of issues that are not specifically regulated by law;
2. Be of a normative nature;
3. Valuable for guiding the uniform application of the law in adjudication.”
Thus, in order for an effective judgment or decision of the Court to be considered as a precedent, all three criteria listed above must be met at the same time.
People's courts of provinces and centrally run cities must propose at least 05 judgments to form a source of case law development each year?
How much is the precedent in Vietnam passed when it reaches the voting rate?
Pursuant to Article 6 of Resolution 04/2019/NQ-HDTP of the Council of Judges of the Supreme People's Court stipulating as follows:
“Article 6. Approval of case precedents
1. The Chief Justice of the Supreme People's Court shall hold a plenary meeting of the Council of Judges of the Supreme People's Court to discuss and vote on the adoption of case precedents.
2. Case precedents shall be considered for approval in one of the following cases:
a) Developed from the legally effective judgment or decision of the Court and consulted according to the guidance in Articles 4 and 5 of this Resolution;
b) Recommended by a judge of the Supreme People's Court;
c) It is proposed by the Judicial Committee of the High People's Court;
d) To be selected by the Council of Judges of the Supreme People's Court when conducting cassation or reopening trials.
3. The meeting of the Council of Judges of the Supreme People's Court must be attended by at least two-thirds of the total number of members; The decision of the Council of Judges of the Supreme People's Court must be approved by more than half of the total number of members of the Council of Judges.
4. Voting results must be recorded in the minutes of the meeting to select and approve the precedents of the Council of Judges and serve as a basis for the Chief Justice of the Supreme People's Court to announce the case precedents.”
Thus, case precedent in Vietnam is only approved when more than half of the total number of members of the Council of Judges in the session of the Council of Judges of the Supreme People's Court vote in favor. The precedent in Vietnam approval process is carried out in accordance with the above provisions.
How to submit a proposal for a legally effective judgment or decision to develop into a case law?
On June 14, 2022, the Supreme People's Court issued Official Letter 94/TANDTC-PC in 2022 guiding the submission of legally effective judgments and decisions as a source for development into case law. According to this Official Letter, the Supreme People's Court has requested to send to the Chief Justices of the People's Courts and Chief Justices of Military Courts at all levels, the Directors of the Departments of Director of Inspection I, II, III to carry out display the following contents:
“- 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 year;
- 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 work of proposing legally effective judgments and decisions to develop into case precedent in Vietnam is carried out according to the above content.
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