Total of 63 precedents in Vietnam (latest update)

Total of 63 precedents in Vietnam (latest update)
Nguyễn Như Mai

What is precedent? How many announced precedents in Vietnam? What are the details regarding these precedents? - Thuy Kieu (Thanh Hoa, Vietnam)

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

1. What is precedent?

According to Article 1 of Resolution 04/2019/NQ-HDTP, 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.

Toàn bộ 63 án lệ tại Việt Nam (cập nhật mới nhất)

Total of 63 precedents in Vietnam (latest update) (Internet image)

2. Criteria for selecting precedents in Vietnam

Article 2 of Resolution 04/2019/NQ-HDTP stipulates that 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.

3. 63 case precedents in Vietnam (latest update)

File word of 63 case precedents in Vietnam

- Precedent No. 01/2016/AL on the Murder case;

- Precedent No. 02/2016/AL on the dispute over property recovery;

- Precedent No. 03/2016/AL on divorce case;

- Precedent No. 04/2016/AL on the dispute over the land use right transfer contract;

- Precedent No. 05/2016/AL on the inheritance dispute;

- Precedent No. 06/2016/AL on inheritance dispute case;

- Precedent No. 07/2016/AL on recognition of house purchase and sale contracts before July 1, 1991;

- Precedent No. 08/2016/AL on determining interest rates and adjusting interest rates in credit contracts from the next day of the first-instance trial date;

- Precedent No. 09/2016/AL on determining the average interest rate of overdue debt in the market and the payment of interest on the amount of fines for violations and compensation for damage;

- Precedent No. 10/2016/AL on administrative decisions being the subject of administrative lawsuits;

- Precedent No. 11/2017/AL on recognition of mortgage contracts of land use rights on which assets are not owned by the mortgagor;

- Precedent No. 12/2017/AL on determining the case where the involved parties were properly summoned for the first time after the Court adjourned the trial;

- Precedent No. 13/2017/AL on the validity of the letter of credit (L/C) in case the international sale of goods contract which is the basis of the L/C is cancelled;

- Precedent No. 14/2017/AL on recognition of conditions of contracts for donation of land use rights that are not stated in the contract;

- Precedent No. 15/2017/AL on recognition of oral agreements of involved parties in the conversion of agricultural land use rights;

- Precedent No. 16/2017/AL on recognition of land use right transfer contracts as inheritance transferred by one of the co-heirs;

- Precedent No. 17/2018/AL on the episode "Having a thug nature" in the crime of "Murder" with accomplices;

- Precedent No. 18/2018/AL on the act of killing people on official duty in the crime of “Murder”;

- Precedent No. 19/2018/AL on determining the value of appropriated property in the crime of “Embezzlement of property”;

- Precedent No. 20/2018/AL on establishing labor contract relationships after the probationary period expires;

- Precedent No. 21/2018/AL on errors and damages in case of unilateral termination of the property lease contract;

- Precedent No. 22/2018/AL on not violating the obligation to provide medical condition information in life insurance contracts;

- Precedent No. 23/2018/AL on the validity of a life insurance contract when the insurance buyer fails to pay the premium due to the insurer's fault;

- Precedent No. 24/2018/AL on inheritance converted into property under the legal ownership and right of use of individuals;

- Precedent No. 25/2018/AL on not having to pay a deposit penalty for objective reasons;

- Precedent No. 26/2018/AL on determining the time to start calculating the statute of limitations and statute of limitations for requesting the division of an inheritance that is immovable;

- Precedent No. 27/AL/2019 on the acceptance and settlement of administrative cases related to real estate that the State has managed and arranged to use during the implementation of the housing management policy and the policy on land improvement. create socialism before July 1, 1991;

- Precedent No. 28/2019/AL on the crime of “Murder in a state of strong agitation”;

- Precedent No. 29/2019/AL on appropriated property in the crime of “Robbing property”;

- Precedent No. 30/2020/AL on the act of intentionally driving a vehicle over the victim after a traffic accident;

- Precedent No. 31/2020/AL on determining the right to rent or buy a house owned by the State according to Decree No. 61/CP of July 5, 1994 of the Government as a property right;

- Precedent No. 32/2020/AL on the case where land is exploited by an individual but then exits and settles abroad and another person has managed and used it stably and for a long time;

- Precedent No. 33/2020/AL on the case where an individual is allocated land by the State but does not use it but allows others to manage and use it stably and for a long time;

- Precedent No. 34/2020/AL on the right to make a will to determine the value of compensation for land in case the land is recovered by the State with compensation;

- Precedent No. 35/2020/AL on Vietnamese people before going to settle abroad to hand over agricultural land to people in the country to use;

- Precedent No. 36/2020/AL on the validity of the land use right mortgage contract when the land use right certificate is revoked or canceled;

- Precedent No. 37/2020/AL on the validity of a property insurance contract in case the insurance buyer pays the premium after the end of the premium payment period;

- Precedent No. 38/2020/AL on non-acceptance of claims for property divided by a legally effective judgment;

- Precedent No. 39/2020/AL on determining conditional civil transactions to be invalid due to impossibility conditions;

- Precedent No. 40/2021/AL on recognition of the actual conversion of land use rights;

- Precedent No. 41/2021/AL on termination of actual marriage;

- Precedent No. 42/2021/AL on the consumer's right to choose a court to settle disputes in the case of a model contract with an arbitration agreement;

- Precedent No. 43/2021/AL on the validity of the mortgage contract in case the mortgaged property is a house and land transferred by the mortgagor from another person but has not yet paid enough money to the seller;

- Precedent No. 44/202l/AL on determining the statute of limitations for initiating a lawsuit for counter-claims;

- Precedent No. 45/2021/AL on determining the accused committed the crime of “Murder” in the case of “Unsatisfactory crime”;

- Precedent No. 46/2021/AL on determining the circumstances that determine the penalty frame "For children whom the offender is responsible for educating" in the crime of "Porning against children";

- Precedent No. 47/2021/AL on the determination of crime in case the defendant uses a dangerous weapon to stab the vital area of the victim's body;

- Precedent No. 48/2021/AL on mitigating circumstances of criminal liability “returning illicit profits”;

- Precedent No. 49/2021/AL on determining administrative decisions issued without authority;

- Precedent No. 50/2021/AL on the right to initiate a lawsuit to reclaim the property of the person assigned the property according to a legally effective judgment or decision;

- Precedent No. 51/2021/AL on determining the ownership of the car parking area of the apartment building;

- Precedent No. 52/2021/AL on the validity of contracts for donation of land use rights without registration of land use rights;

- Precedent No. 53/2022/AL on annulment of illegal marriage;

- Precedent No. 54/2022/AL on determining custody rights of children under 36 months of age in cases where the mother does not directly care for, nurture and educate the child;

- Precedent No. 55/2022/AL on recognition of the validity of a contract that violates the formality conditions;

- Precedent No. 56/2022/AL on the settlement of disputes over grave relocation.

- Precedent No. 57/2023/AL on fraudulent acts to access property in the crime of "Robbery of property"

- Precedent No. 58/2023/AL on the circumstances of determining penalty brackets at Point c, Clause 3, Article 244 of the Penal Code

- Precedent No. 59/2023/AL on indirect intentional error in the case "Murder"

- Precedent No. 60/2023/AL on the deadline for paying lottery prizes

- Precedent No. 61/2023/AL on termination of adoption when the adopted child is underage

- Precedent No. 62/2023/AL on the time of starting to perform the support obligation for minor children in the dispute over identification of the child's father

- Precedent No. 63/2023/AL on considering administrative decisions related to the complained administrative acts.

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