Summary of 10 Precedent Cases and Legal Solutions

| **No.** | **Case Law** 
         **Number** | **Case Situation** | **Legal Solution** || --- | --- | --- | --- || 1 | [01/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-01-2016-al-12449.html) | The conspirator hired others to cause injury to the victim without intending to deprive the victim of life (the conspirator only requested causing injury to the victim’s legs and arms without attacking vital parts of the body likely to lead to death); the executor followed the conspirator’s request. However, the victim died due to acute blood loss shock. | In a case with accomplices, if it can be proven that the conspirator’s subjective intention was only to hire others to injure the victim without intending to deprive their life (the conspirator only requested causing injury to the victim’s legs and arms without attacking vital parts of the body likely to lead to death); the executor followed the conspirator’s request; and the victim’s death was beyond the conspirator’s subjective intention, then the conspirator should be held criminally liable for the crime of “Intentional infliction of injury” with the aggravating circumstance of “injury leading to death.” || 2 | [02/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-02-2016-al-12455.html) | An overseas Vietnamese invested money to acquire land use rights and entrusted someone in the country to hold the title on their behalf. | In cases where an overseas Vietnamese invested money to acquire land use rights and entrusted someone in the country to hold the title on their behalf, when resolving disputes, the court must consider and account for the efforts in maintaining, preserving, and enhancing the value of the land use rights by the titular holder; if the exact contribution of the titular holder cannot be determined, it should be considered that the person who actually paid for the land acquisition and the titular holder made equal contributions, thus sharing the increased value compared to the original acquisition cost. || 3 | [03/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-03-2016-al-12464.html) | Parents gave their child and the child’s spouse a parcel of land, and the child and spouse built a permanent house on it for living. When the house was built, the parents and other family members did not object; the child and spouse used the house and land continuously, openly, and stably, and had the land registered and were granted a land use right certificate. | In cases where parents gave their child and the child’s spouse a parcel of land, and the child and spouse built a permanent house on it for living without any objections from the parents and other family members; the child and spouse used the house and land continuously, openly, and stably, and had the land registered and were granted a land use right certificate, it must be determined that the child and spouse were given the land use rights as a gift. || 4 | [04/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-04-2016-al-12471.html) | Shared marital property of land and house was signed over to someone else in a transfer contract by one spouse without the other spouse signing the contract. | In cases where shared marital property of land and house was signed over to someone else in a transfer contract by one spouse without the other spouse signing the contract; if it can be proven that the transferor received the agreed payment in full, the non-signing spouse knew and used the transferred money; the transferee openly managed and used the land and house; and the non-signing spouse knew but did not object, it must be determined that the non-signing spouse consented to the property transfer. || 5 | [05/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-05-2016-al-12476.html) | A party eligible to inherit a portion of the estate contributed to the management and enhancement of the estate but did not agree to the inheritance division (arguing that the statute of limitations for inheritance claims had expired), and did not make a specific request to consider their contribution to the management and enhancement of the estate. | In inheritance disputes, where a party eligible to inherit a portion of the estate had contributed to the management and enhancement of the estate but did not agree to the inheritance division (arguing that the statute of limitations for inheritance claims had expired), and did not make a specific request to consider their contribution to the management and enhancement of the estate; if the court decides to divide the inheritance among heirs, it must take into account the contributions of the party, as the request for not dividing the inheritance takes precedence over considering their contributions. || 6 | [06/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-06-2016-al-12478.html) | In an inheritance dispute involving heirs residing abroad, if the court conducted judicial entrustment and evidence collection in compliance with the law but still could not determine the addresses of those heirs. | In an inheritance dispute involving heirs residing abroad, if the court conducted judicial entrustment and evidence collection in compliance with the law but still could not determine the addresses of those heirs, the court must still resolve the plaintiff’s request; if the inheritance can be determined, the inheritance strata, and the decedent left no will, the inheritance must be divided according to the law; the portion of the inheritance for the absent heirs whose addresses cannot be determined will be temporarily managed by the local heirs to be handed over to the absent heirs later. || 7 | [07/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-07-2016-al-19946.html) | A house sale contract was created in writing before July 1, 1991, with the seller's signature, indicating the seller received full payment, the buyer had not signed the contract but held the contract and managed and used the house stably for a long time without dispute from the seller. | The contract is considered valid, establishing that the buyer paid in full for the house, and the buyer's intention to agree to the house purchase contract; thus, the house purchase contract is recognized. || 8 | [08/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-08-2016-al-19947.html) | In a credit contract, the parties agreed on loan interest rates, including within-term interest rates, overdue interest rates, and adjustments to the loan interest rates according to the lending institution's periodic adjustments, but by the time of the first-instance trial, the borrower had not fully repaid the loan's principal or interest under the credit contract. | The borrower must continue to pay the lending institution the unpaid loan principal, interest on any within-term principal (if any), overdue interest on the unpaid principal at the agreed interest rate in the contract until the entire principal is fully paid. If the parties agreed on adjusting the loan interest rate according to each period of the lending institution, the interest rate the borrower must continue to pay according to the court's decision will also be adjusted to align with the lending institution's adjustments. || 9 | [09/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-09-2016-al-19948.html) | A sale contract was breached as the seller failed to deliver or fully deliver goods to the buyer, leading to the seller's obligation to refund the advance payment and pay interest due to late payment. | Interest due to late payment is calculated according to the average overdue debt interest rate in the market, based on the average overdue debt interest rate of at least three local banks at the time of payment (first-instance trial), except in cases where otherwise agreed or stipulated by law. | | | The sale contract incurs penalties for breach and compensation for damages. | The party liable for breach penalties or damages does not have to pay interest on those penalties or damages. || 10 | [10/2016/AL](https://lawnet.vn/news/tap-an-le/an-le-so-10-2016-al-19949.html) | Decision approving support and resettlement plans made by the Provincial People's Committee that references another document, which directly affects the rights and interests of the petitioner. | The content of the referenced document is an administrative decision, and that administrative decision is the object of the administrative lawsuit. |**Note:** In the first 6 case laws issued (from AL01 to AL06), the Supreme People's Court did not use the format of summarizing the case law content by case situation and legal solution. The presentation format for these two contents appeared from AL07 to AL10. The writer based on the case law content to extract the case situation and legal solution for case laws from AL01 to AL06.

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