What precedents are applicable in Vietnam as of February 25, 2020?
I know that the Supreme People's Court has issued additional precedents to be applied in trials. As of the current time, how many precedents have been announced and applied in trials in Vietnam?
What precedents are applicable in Vietnam as of February 25, 2020? - image from internet
Precedents refer to the arguments and rulings in a specific case that have legal effect and are selected by the Judicial Council of the Supreme People's Court and announced by the Chief Justice of the Supreme People's Court 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 of cases. These are carefully selected cases by the Supreme People's Court through review processes to become exemplary cases applicable to judges handling similar cases.
As of the current time, Vietnam has a total of 37 announced and applied precedents. These include:
Under the Decision 220/QD-CA in 2016, the Supreme People's Court announced 06 specific precedents:
- Precedent No. 01/2016/AL on the case of "Murder"
- Precedent No. 02/2016/AL on the case of "Dispute over property recovery"
- Precedent No. 03/2016/AL on the case of "Divorce"
- Precedent No. 04/2016/AL on the case of "Dispute over land use right transfer contract"
- Precedent No. 05/2016/AL on the case of "Dispute over inheritance"
- Precedent No. 06/2016/AL on the case of "Dispute over inheritance"
Under the Decision 698/QD-CA in 2016, the Supreme People's Court announced 04 additional precedents.
- Precedent No. 07/2016/AL on the recognition of house purchase contracts established before July 1, 1991.
- Precedent No. 08/2016/AL on determining interest rates, adjusting interest rates in credit contracts from the day following the date of first-instance trial
- Precedent No. 09/2016/AL on determining overdue interest rates on the market and interest payment on the amount of fines, compensation for damages
- Precedent No. 10/2016/AL on administrative decision as the subject of administrative litigation
Under the Decision 299/QD-CA in 2017, the Supreme People's Court approved an additional 06 precedents, specifically including:
- Precedent No. 11/2017/AL on the recognition of mortgage contracts for land use rights with assets not owned by the mortgagee.
- Precedent No. 12/2017/AL on determining the case where the defendant is legally summoned for the first time after the Court has adjourned the trial.
- Precedent No. 13/2017/AL on the effectiveness of payment by letter of credit (L/C) in case the international sales contract is the basis for the cancellation of the L/C.
- Precedent No. 14/2017/AL on recognizing the conditions for granting the right to use land that are not recorded in the contract.
- Precedent No. 15/2017/AL on recognizing the oral agreement of the parties in the conversion of agricultural land use rights.
- Precedent No. 16/2017/AL on recognizing the contract for the transfer of inheritance rights as an inherited asset transferred by one of the co-inheritors.
Under Decision 269/QD-CA in 2019, the Supreme People's Court announced 10 additional precedents, specifically including:
- Precedent No. 17/2018/AL on the circumstance of "Having thuggish characteristics" in the crime of "Murder" with an accomplice.
- Precedent No. 18/2018/AL on the act of committing murder while performing official duties in the crime of "Murder".
- Precedent No. 19/2018/AL on determining the value of misappropriated property in the crime of "Embezzlement of property".
- Precedent No. 20/2018/AL on establishing employment contracts after the probationary period.
- Precedent No. 21/2018/AL on faults and damages in cases of unilateral termination of lease contracts for assets.
- Precedent No. 22/2018/AL on not violating the obligation to provide information on health conditions in life insurance contracts.
- Precedent No. 23/2018/AL on the validity of life insurance contracts when the policyholder fails to pay insurance premiums due to the fault of the insurance company.
- Precedent No. 24/2018/AL on the inheritance of inherited property transferred to individuals' ownership and legitimate use rights.
- Precedent No. 25/2018/AL on not being subject to collateral penalties for objective reasons.
- Precedent No. 26/2018/AL on determining the starting point and time limit for requesting the division of inherited property as real estate.
Udner Decision 293/QD-CA in 2019, the Supreme People's Court announced an additional 03 precedents (these 03 precedents officially applied to trials from October 10, 2019), including:
- Precedent No. 29/2019/AL on misappropriated property in the crime of "Robbery".
- Precedent No. 28/2019/AL on the crime of "Murder in a highly agitated mental state".
- Precedent No. 27/2019/AL on jurisdiction and settlement of administrative cases related to houses and land that the State has managed and arranged for use before July 1, 1991.
Under Decision 50/QD-CA in 2020 dated February 25, 2020, the Supreme People's Court announced an additional 8 precedents, which will be applied in trials from April 15, 2020, including:
- Precedent No. 30/2020/AL on the act of intentionally controlling a vehicle to press onto the victim after a traffic accident.
- Precedent No. 31/2020/AL on determining the right to lease or purchase state-owned houses according to Government Decree No. 61/CP dated July 5, 1994, as property rights.
- Precedent No. 32/2020/AL on the case where an individual exploits land but then emigrates and someone else manages and uses it stably and long-term.
- Precedent No. 33/2020/AL on the case where an individual is allocated land by the state but does not use it and allows someone else to manage and use it stably and long-term.
- Precedent No. 34/2020/AL on the right to make a will to determine compensation for land in cases where land is reclaimed by the State with compensation.
- Precedent No. 35/2020/AL on Vietnamese individuals returning agricultural land to be used by individuals in the country before settling abroad.
- Precedent No. 36/2020/AL on the validity of a mortgage contract for land use rights when the land use rights certificate is revoked or canceled.
- Precedent No. 37/2020/AL on the validity of property insurance contracts in cases where the insured pays insurance premiums after the expiration of the premium payment period.
Note: The People's Courts and Military Courts are responsible for studying and applying precedents in trials. 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.
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