22/03/2024 11:40

New precedents that have just been published in Vietnam

Chief Justice of the Supreme People's Court of Vietnam, Nguyen Hoa Binh, has just signed and promulgated Decision No. 199/QD-CA dated October 17, 2018 on publishing the case law passed by the Council of Judges of the Supreme People's Court on October 17, 2018. These court judgments apply as of December 3, 2018.

On October 17, 2018, the Council of Judges of the Supreme People's Court of Vietnam discussed 17 proposed judgments and decisions and selected them as precedents. After discussing, evaluating, and analyzing in detail each proposed cassation decision, the Council of Judges of the Supreme People's Court decided to choose the cassation decision as precedent.

According to the Decision of the Chief Justice of the Supreme People's Court, the People's Courts and Military Courts are responsible for researching and applying this precedent in trials starting on December 3, 2018. The application of precedent is carried out according to the instructions in Article 8 of Resolution No. 03/2015/NQ-HDTP dated October 28, 2015 of the Council of Judges of the Supreme People's Court. As follows:

Precedents are studied and applied in trial after 45 days from the date of publication or are recorded in the decision to announce precedents by the Chief Justice of the Supreme People's Court.

During the trial, judges and collegial panels must study and apply legal precedents to resolve similar cases, ensure that cases with similar legal circumstances and events are treated equally. If legal precedents are applied, the number of judgments and decisions of the court containing the legal precedents, the nature and circumstances of the similar cases mentioned in the legal precedents, and the legal issues in the legal precedents must be referred to, analyzed, and clarified in the judgments and decisions of the court. If legal precedents are not applied, the reasons must be analyzed, reasoned, and stated in the judgments and decisions of the court.

In cases where, due to changes in Laws, Resolutions of the National Assembly, Ordinances, Resolutions of the Standing Committee of the National Assembly, or Decrees of the Government, precedents are no longer appropriate, judges and jurors do not apply precedent.

In case, due to changes in the situation, the precedent is no longer appropriate, the judge or jury shall not apply the precedent and must immediately propose to the Council of Judges of the Supreme People's Court (through the Department of Legal Affairs and Scientific Management) to consider annulment according to the instructions in Clauses 2, 3, 4, and 5 of Article 9 (on annulment and replacement of precedents) of this Resolution".

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

Approved by the Council of Judges of the Supreme People's Court on October 17, 2018 and announced according to Decision No. 269/QD-CA dated November 6, 2018 of the Chief Justice of the Supreme People's Court.

Source of case law: Cassation Decision No. 06/2017/DS-GDT dated March 27, 2017 of the Council of Judges of the Supreme People's Court on the case of "dispute over inheritance of property and division of common property" in Hanoi between the plaintiffs, who are Mr. Can Xuan V, Ms. Can Thi N1, Ms. Can Thi T1, Ms. Can Thi H, Mr. Can Xuan T, Ms. Can Thi N2, and Ms. Can Thi M1. The representative for the co-plaintiffs is Ms. Can Thi N2, and the defendants are Mr. Nguyen Thi L and Mr. Can Anh C. The authorized representative for the co-defendants is Mr. Le Hong L. People with related rights and obligations include 07 people.

Precedent No. 25/2018/AL on not having to pay a deposit for objective reasons

Source of case law: Cassation Decision No. 79/2012/DS-GĐT dated February 23, 2012 of the Supreme People's Court on the civil case "Deposit contract dispute" in Ho Chi Minh City between the plaintiff, Mr. Phan Thanh L, and the defendant, Ms. Truong Hong Ngoc H; The person with related rights and obligations is Mr. Lai Quang T.

Precedent No. 24/2018/AL on inheritance converted into property under the legal ownership and use rights of individuals

Source of case law: Cassation Decision No. 27/2015/DS-GDT dated October 16, 2015 of the Council of Judges of the Supreme People's Court on the civil case "Dispute in inheritance of land use rights" in Hanoi city between the plaintiffs Ms. Pham Thi H, Ms. Pham Thi H1, Ms. Pham Thi H2, and the defendant Mr. Pham Van H3; people with related rights and obligations include 12 people.

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

Source of case law: Civil Court of Appeal No. 538/2009/DS-PT dated March 31, 2009 of the People's Court of Ho Chi Minh City on the case "Insurance contract dispute" between the plaintiff, Ms. Pham Thi T, and the defendant, P Life Insurance Company Limited; the person with related rights and obligations is Ms. Vu Thi Minh N.

Precedent No. 22/2018/AL on not violating the obligation to provide medical condition information in life insurance contracts

Source of case law: Civil Appeal Judgment No. 313/2016/DS-PT dated March 16, 2016 of the People's Court of Ho Chi Minh City on the insurance contract dispute case between the plaintiff, Mr. Dang Van L (Mr. Dang Van L's authorized representative is Mr. Tran Xuan H), and the defendant, C Life Insurance Company Limited. (The authorized representative is Mr. Hoang P, and the protector of legal rights and interests is Mr. Dinh Quang T, Mr. Tran Ngoc T).

Precedent No. 21/2018/AL on errors and damages in case of unilateral termination of a property lease contract

Source of case law: Cassation Decision No. 08/2016/KDTM-GĐT dated May 20, 2016 of the Council of Judges of the Supreme People's Court on the business and commercial case "Dispute on property lease contract" in Quang Ninh province between the plaintiff, Limited Liability Company D, and the defendant, Joint Stock Company C.

Precedent No. 20/2018/AL on establishing labor contract relationships after the probationary period expires

Source of case law: Cassation Decision No. 01/2017/LD-GDT dated August 9, 2017 of the Council of Judges of the Supreme People's Court regarding the labor case "Dispute over unilateral termination of labor contract" in Binh Thuan province between the plaintiff, Mr. Tran Cong T, and the defendant, Limited Liability Company L (legal representative is Mr. H).

Precedent No. 19/2018/AL on determining the value of property appropriated in the crime of "Property embezzlement"

Source of case law: Cassation Decision No. 09/2015/HS-GĐT dated April 23, 2015 of the Criminal Court of the Supreme People's Court on the case of "Property Embezzlement" against the defendant: Vo Thi Anh N, born in 1981; residing at number 17, street A, ward B, city C, Binh Dinh province.

In addition, in the case, Phan Thi Q was convicted of the crime of "Lack of responsibility causing serious consequences"; Vo Thi Kim T was convicted of the crime of "Lack of responsibility causing serious damage to State property".

Precedent No. 18/2018/AL on the act of killing someone while on duty in the crime of "Murder"

Source of case law: Appeal judgment No. 331/2018/HS-PT dated May 28, 2018 of the High People's Court in Hanoi on the case of "Murder" for the defendant: Phan Thanh H, other name: D; born in 1995; Place of registration: Commune C, district D, Binh Dinh province; Current residence: Village B, commune C, district D, Binh Dinh province.

– Victim: Mr. Nguyen Anh D.

Precedent No. 17/2018/AL on the circumstance of "Hooliganism" in the crime of "Murder" with accomplices

Source of case law: Cassation Decision No. 07/2018/HS-GĐT dated March 20, 2018 of the Council of Judges of the Supreme People's Court on the case of "Murder"
for defendant Nguyen Van H, born in 1977; residing in A street, C town, P district, Thua Thien Hue province.

– Victim: Mr. Duong Quang Q.

Source: "Tạp chí Tòa án nhân dân: (People's Court Magazine)

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