Decision 364/QD-CA: 07 Additional precedents from October 1, 2023 in Vietnam

Decision 364/QD-CA: 07 Additional precedents from October 1, 2023 in Vietnam
Trần Thanh Rin

I want to know what new precedents have been announced by the Supreme People's Court? – Van Tu (Lam Dong)

Decision 364/QD-CA: 07 additional precedents from October 1, 2023 in Vietnam

Decision 364/QD-CA: 07 additional precedents from October 1, 2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On October 1, 2023, the Supreme People's Court issued Decision 364/QD-CA on publishing precedents.

Decision 364/QD-CA: Adding 07 new precedents from October 1, 2023

On October 1, 2023, the Supreme People's Court announced 07 new precedents approved by the Council of Judges of the Supreme People's Court, specifically as follows:

- Precedent No. 64/2023/AL on sentencing and "organized" aggravating circumstances 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 labor contracts for employees who are part-time union officials.

The People's Courts and Military Courts are responsible for researching and applying precedents in trials starting November 1, 2023.

The application of precedent is carried out according to the instructions in Article 8 of Resolution 04/2019/NQ-HDTP dated June 18, 2019 of the Council of Judges of the Supreme People's Court on the process of selecting, publishing, and applying case law.

Thus, up to now, Vietnam has had a total of 70 published precedents.

According to the provisions of Clause 2, Article 6 of Resolution 04/2019/NQ-HDTP, the precedent is to be considered ratified if it falls in any of the following circumstances:

- It is developed from a legally effective judgment of the Court and it has been consulted on according to guidelines specified in Article 4 and Article 5 of this Resolution;

- It is proposed by the Justices of the Supreme People’s Court;

- It is proposed by the Boards of Justices of the Superior People’s Courts;

- It is selected by the Council of Justices of the Supreme People’s Court during reopening procedure and cassation procedure.

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.

(Article 1 and Article 2 of Resolution 04/2019/NQ-HDTP)

Regulations on applying precedents in adjudication in Vietnam

Specifically, Article 8 of Resolution 04/2019/NQ-HDTP stipulates applying precedents in adjudication 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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