Compilation of 29 precedents announced and applied in Vietnam as of September 9th, 2019
I have been informed that the Judicial Council of the Supreme People's Court has issued three new precedents recently. As of the current time, how many precedents have been issued by the Supreme People's Court in total? What are those precedents?
Compilation of 29 precedents announced and applied in Vietnam as of September 9th, 2019 - image from internet
Precedents are the arguments and rulings in judgments or decisions that have legal effect issued by the Supreme People's Court. They are selected by the Judicial Council and announced by the Chief Justice of the Supreme People's Court as Precedents for other courts to study and apply in trials.
Precedents are used in cases with similar legal circumstances and events to ensure consistent and lawful resolution. These cases are carefully selected by the Supreme People's Court through review processes to become exemplary cases applied by judges in similar cases.
As of now, there have been a total of 29 Precedents announced and applied in Vietnam. These cases include:
According to Decision 220/QD-CA in 2016, the Supreme People's Court announced 6 specific Precedents:
- Precedent No. 01/2016/AL on "Murder"
- Precedent No. 02/2016/AL on "Property Dispute Recovery"
- Precedent No. 03/2016/AL on "Divorce"
- Precedent No. 04/2016/AL on "Dispute over Land Use Rights Transfer Contract"
- Precedent No. 05/2016/AL on "Dispute over Inheritance"
- Precedent No. 06/2016/AL on "Dispute over Succession"
According to Decision 698/QD-CA in 2016, the Supreme People's Court announced an additional 4 Precedents:
- Precedent No. 07/2016/AL on recognizing house purchase contracts which are established 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.
- Precedent No. 09/2016/AL on determining the average overdue interest rate in the market and the payment of interest on the amount of fines for violations and compensation for damages.
- Precedent No. 10/2016/AL on administrative decisions being the subject of administrative litigation.
According to Decision 299/QD-CA in 2017, the Supreme People's Court approved an additional 6 Precedents, including:
- Precedent No. 11/2017/AL on recognizing mortgage contracts for land use rights where the land contains assets not owned by the mortgagee.
- Precedent No. 12/2017/AL on determining the validity of summoning a defendant for the first time after the court has adjourned the trial.
- Precedent No. 13/2017/AL on the validity of payment under documentary credits (L/C) in the event that the underlying international sales contract is canceled.
- Precedent No. 14/2017/AL on recognizing conditions for granting the right to use land that are not recorded in the contract.
- Precedent No. 15/2017/AL on recognizing oral agreements between parties regarding the conversion of agricultural land use rights.
- Precedent No. 16/2017/AL on recognizing contracts for the transfer of inheritance rights as inherited assets transferred by one of the co-heirs.
According to Decision 269/QD-CA in 2019, the Supreme People's Court announced an additional 10 Precedents, including:
- Precedent No. 17/2018/AL on the element of "gangster-like nature" in the crime of "Murder" with accomplices.
- Precedent No. 18/2018/AL on the act of murder while performing official duties in the crime of "Murder".
- Precedent No. 19/2018/AL on determining the value of embezzled assets in the crime of "Embezzlement of Property".
- Precedent No. 20/2018/AL on establishing an employment contract after the probationary period.
- Precedent No. 21/2018/AL on faults and damages in the case of unilateral termination of a property lease contract.
- Precedent No. 22/2018/AL on not violating the obligation to provide information on health conditions in a life insurance contract.
- Precedent No. 23/2018/AL on the validity of a life insurance contract when the policyholder fails to pay insurance premiums due to the insurer's fault.
- Precedent No. 24/2018/AL on inheritance becoming the property rights and legal use rights of individuals.
- Precedent No. 25/2018/AL on not being subjected to bail for objective reasons.
- Precedent No. 26/2018/AL on determining the starting point and deadline for requesting the division of inherited real estate.
Recently, in Decision 293/QD-CA in 2019, the Supreme People's Court announced an additional 3 Precedents (these 3 Precedents officially apply to trials from October 10, 2019), including:
- Precedent No. 29/2019/AL on the misappropriation of assets in the crime of "Robbery".
- Precedent No. 28/2019/AL on the crime of "Manslaugter under provocation".
- Precedent No. 27/2019/AL on the jurisdiction and settlement of administrative cases related to land that the State has managed and arranged for use in the process of implementing land management policies and socialist transformation policies before July 1, 1991.
**Note: People's Courts and Military Courts are responsible for studying and applying Precedents in trials, and the application of Precedents is carried out according to the guidance of the Judicial Council of the Supreme People's Court on the process of selecting, announcing, and applying Precedents.
Best regards!
