Are all judgments in Vietnam selected as precedents? Who shall have power to publish precedents in Vietnam?
Are all judgments in Vietnam selected as precedents? Who shall have power to publish precedents in Vietnam?
I've heard a lot about "precedents" on media. I wonder if all judgments in Vietnam are selected as precedents. Thank you!
Are all judgments in Vietnam selected as precedents?
Pursuant to Article 2 of the Resolution 04/2019/NQ-HĐTP stipulating criteria for selecting precedents in Vietnam as follows:
The precedents to be selected must satisfy all the criteria below:
1. 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;
2. Having normative value;
3. Ensuring the consistency of law in adjudication.
As regulations above, not all judgments in Vietnam are selected as precedents. Only judgments that satisfy above criteria shall be select as precedents..
Who shall have power to publish precedents in Vietnam?
Pursuant to Article 7 of the Resolution 04/2019/NQ-HĐTP stipulating publication of precedents in Vietnam as follows:
1. The Chief Justice of the Supreme People’s Court shall issue a decision to publish the precedents ratified by the Council of Justices of the Supreme People’s Court.
2. A published precedent must contain:
a) Number and name of the precedent;
b) Number, name of the judgment of the court proposed to be developed into precedent;
c) Legal cases and solutions in the precedent;
d) Provisions of the law relating the precedent;
dd) Keywords of legal cases and solutions in the precedent;
e) Details of the case and ruling of the Court relating the precedent;
g) Contents of the precedent.
3. The precedents shall be uploaded on the website of the Supreme People’s Court; sent to Courts, units affiliated to the Supreme People’s Court and published in the law reports/reporters.
As regulations above, the Chief Justice of the Supreme People’s Court shall issue a decision to publish the precedents ratified by the Council of Justices of the Supreme People’s Court.
Best regards!
