What is the list of 70 precedents? What are the criteria for selecting precedents in Vietnam?
What is the list of 70 precedents in Vietnam?
The Supreme People's Court has just issued Decision 364/QD-CA in 2023 announcing 07 more precedents approved by the Council of Judges of the Supreme People's Court of Vietnam, increasing the total number of precedents published to date. There are 70 precedents, including:
- Precedent No. 01/2016/AL on the Murder case
- Precedent No. 02/2016/AL on a dispute over property recovery
- Precedent No. 03/2016/AL on divorce cases
- Precedent No. 04/2016/AL on disputes over land use rights transfer contracts
- Precedent No. 05/2016/AL on inheritance dispute cases
- Precedent No. 06/2016/AL on inheritance dispute case
- Precedent No. 07/2016/AL on recognition of house purchase and sale contracts before July 1, 1991.
- Precedent No. 08/2016/AL on determining interest rates and adjusting interest rates in credit contracts from the day following the first instance trial date.
- Precedent No. 09/2016/AL on determining the average interest rate on overdue debt in the market and the payment of interest on fines for violations and compensation for damages.
- Precedent No. 10/2016/AL on administrative decisions that are the subject of an administrative lawsuit.
- Precedent No. 11/2017/AL on recognizing contracts of mortgage of land use rights where there are assets on the land that do not belong to the mortgagor
- Precedent No. 12/2017/AL on determining the case where a litigant is validly summoned for the first time after the Court has postponed the trial
- Precedent No. 13/2017/AL on the payment validity of letters of credit (L/C) in cases where the international goods sales contract that is the basis of the L/C is canceled
- Precedent No. 14/2017/AL on recognizing conditions of contracts donating land use rights that are not stated in the contract
- Precedent No. 15/2017/AL on recognizing oral agreements of litigants in converting agricultural land use rights
- Precedent No. 16/2017/AL on recognizing land use rights transfer contracts as inheritance transferred by one of the co-heirs
- Precedent No. 17/2018/AL on the circumstance of "Hooliganism" in the crime of "Murder" with accomplices
- Precedent No. 18/2018/AL on the act of killing someone while on duty in the crime of "Murder"
- Precedent No. 19/2018/AL on determining the value of property appropriated in the crime of "Property embezzlement"
- Precedent No. 20/2018/AL on establishing employment contract relationships after the probationary period expires
- Precedent No. 21/2018/AL on errors and damages in case of unilateral termination of a property lease contract
- Precedent No. 22/2018/AL on not violating the obligation to provide medical condition information in life insurance contracts
- Precedent No. 23/2018/AL on the validity of life insurance contracts when the insurance buyer does not pay the insurance premium due to the insurance company's fault
- Precedent No. 24/2018/AL on inheritance converted into property under the legal ownership and use rights of individuals
- Precedent No. 25/2018/AL on not having to pay a deposit for objective reasons
- Precedent No. 26/2018/AL on determining the time to start calculating the statute of limitations and the statute of limitations for requesting division of inheritance as real estate
- Precedent No. 27/AL/2019 on accepting and resolving administrative cases related to real estate that the State has managed and arranged for use during the implementation of real estate management policies and reform policies. created socialism before July 1, 1991.
- Precedent No. 28/2019/AL on the crime of "Murder in a highly agitated mental state".
- Precedent No. 29/2019/AL on property appropriated in the crime of "Property robbery".
- Precedent No. 30/2020/AL on the act of intentionally driving a vehicle to overlap a victim after a traffic accident.
- Precedent No. 31/2020/AL on determining that the right to rent a house or buy a house owned by the State according to Decree No. 61/CP dated July 5, 1994 of the Government is a property right.
- Precedent No. 32/2020/AL on the case of land explored by an individual but then settled abroad and someone else managed and used it stably and long-term.
- Precedent No. 33/2020/AL on cases where individuals are allocated land by the state but do not use it but let others manage and use it stably and long-term.
- Precedent No. 34/2020/AL on the right to make a will to determine compensation value for land in case land is recovered by the State with compensation.
- Precedent No. 35/2020/AL on Vietnamese people handing over agricultural land to people in the country before settling abroad.
- Precedent No. 36/2020/AL on the validity of land use rights mortgage contracts when land use rights certificates are revoked or canceled.
- Precedent No. 37/2020/AL on the validity of property insurance contracts in cases where the insurance buyer pays the insurance premium after the end of the premium payment period.
- Precedent No. 38/2020/AL on not accepting requests to claim assets that have been divided by a legally effective judgment.
- Precedent No. 39/2020/AL on determining conditional civil transactions to be invalid due to conditions that cannot occur.
- Precedent No. 40/2021/AL on recognition of actual conversion of land use rights;
- Precedent No. 41/2021/AL on termination of de facto marriage;
- Precedent No. 42/2021/AL on consumers' right to choose the Court to resolve disputes in cases where a form contract has an arbitration agreement;
- Precedent No. 43/2021/AL on the validity of mortgage contracts in cases where the mortgaged property is real estate because the mortgagor accepted transfer from another person but has not fully paid the seller.
- Precedent No. 44/202l/AL on determining the statute of limitations for initiating a lawsuit against a counterclaim;
- Precedent No. 45/2021/AL on determining that the defendant committed the crime of "Murder" in the case of "Incomplete crime";
- Precedent No. 46/2021/AL on determining the circumstances determining the penalty "For children whom the offender is responsible for educating" in the crime of "Indecent abuse of children";
- Precedent No. 47/2021/AL on determining the crime in cases where the defendant uses a dangerous weapon to stab a vital area of the victim's body;
- Precedent No. 48/2021/AL on the mitigating circumstance of criminal liability "returning illegal profits";
- Precedent No. 49/2021/AL on determining administrative decisions issued without proper authority;
- Precedent No. 50/2021/AL on the right to initiate a lawsuit to reclaim the property of the person to whom the property is assigned according to a legally effective judgment or decision;
- Precedent No. 51/2021/AL on determining ownership rights to car parking areas of apartment buildings;
- Precedent No. 52/2021/AL on the validity of contracts donating land use rights when land use rights have not been registered.
- Precedent No. 53/2022/AL on annulment of illegal marriages;
- Precedent No. 54/2022/AL on determining custody of children under 36 months old in cases where the mother does not directly care for, raise, and educate the child;
- Precedent No. 55/2022/AL on recognizing the validity of contracts that violate formal conditions;
- Precedent No. 56/2022/AL on resolving grave relocation disputes.
- Precedent No. 57/2023/AL on fraudulent acts to access property in the crime of "Property robbery"
- Precedent No. 58/2023/AL on details of penalty framing at Point c, Clause 3, Article 244 of the 2015 Penal Code
- Precedent No. 59/2023/AL on indirect intention in the case of "Murder"
- Precedent No. 60/2023/AL on the time limit for paying lottery prizes
- Precedent No. 61/2023/AL on termination of adoption when the adopted child is a minor.
- Precedent No. 62/2023/AL on the time to begin implementing the obligation to support minor children in a dispute over determining the child's paternity
- Precedent No. 63/2023/AL on reviewing administrative decisions related to complained administrative acts
- Precedent No. 64/2023/AL on sentencing and "organized" aggravation in the crime of "Kidnapping to appropriate property"
- Precedent No. 65/2023/AL on criminal prosecution for the crime of "Human Trafficking"
- Precedent No. 66/2023/AL on determining the crime of "Human Trafficking"
- Precedent No. 67/2023/Al on who receives in kind when dividing common property.
- Precedent No. 68/2023 on the right to receive inheritance in kind, which is a house, from heirs who are Vietnamese residing abroad.
- Precedent No. 69/2023/AL on the authority of Commercial Arbitrators in resolving disputes over information confidentiality and non-competition agreements.
- Precedent No. 70/2023/AL on termination of employment contracts for employees who are part-time union officials.
See the entire content of 70 precedents here: download
What is the list of 70 precedents? What are the criteria for selecting precedents in Vietnam? (Image from the Internet)
What are the criteria for selecting precedents in Vietnam?
Pursuant to Article 1 of Resolution 04/2019/NQ-HDTP and Article 2 of Resolution 04/2019/NQ-HDTP, regulations on criteria for selecting precedents are as follows:
- 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.
- The precedents to be selected must satisfy all the criteria below:
+ Being able to clarify ambiguous provision(s) of the law which have differing interpretations, analyze and explain legal issues or events, and point out legal principles and guidelines to be followed in a specific situation or equality to be displayed in issues which lack specifying provisions of the law;
+ Having normative value;
+ Ensuring the consistency of law in adjudication.
What are the regulations on applying precedents in adjudication in Vietnam?
Pursuant to the provisions of Article 8 of Resolution 04/2019/NQ-HDTP, the precedent applied in the trial is as follows:
- Each precedent shall be studied and applied in adjudication after 30 days from the date on which it is published.
- The judges and the lay judges must study and apply the precedent to settle similar cases so that the two cases had similar facts to one another shall have the same settlement results. If the precedent is not applied in a case with similar facts, the Courts must provide explanation in the judgment.
- If a precedent is used, name of the precedent, legal cases, legal solutions in the precedent and legal case of the case being adjudicated must be cited and analysed in the section of “The Court’s remark”; depending on specific situations, the whole or part of the precedent can be cited to clarify the point of the Courts while adjudicating, handling similar cases.
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