The Supreme People's Court's request regarding the submission of proposals for publication of judgments and decisions to be developed into precedent in Vietnam

The Supreme People's Court's request regarding the submission of proposals for publication of judgments and decisions to be developed into precedent in Vietnam (Internet image) 

On June 14, 2024, the Supreme People's Court of Vietnam issued Official Dispatch 100/TANDTC-PC regarding the submission of proposals for publication of judgments and decisions that have legal effect as a source for developing precedent.

The Supreme People's Court's request regarding the submission of proposals for publication of judgments and decisions to be developed into precedent in Vietnam

In accordance with the guidance of the Chief Justice of the Supreme People's Court on enhancing the development of precedent and the process of developing precedent according to Resolution 04/2019/NQ-HDTP dated June 18, 2019 of the Judicial Council of the Supreme People's Court, the Supreme People's Court requests the following:

- The Chief Judge of the Central Military Court, the Chief Judge of the Provincial-level People's Courts, the Chief Judge of the People's Courts of provinces and centrally-run cities, and the Chief Judge of the Military Courts and their equivalents, as well as the Heads of Inspection Divisions I, II, and III, shall diligently carry out the task of proposing precedent annually in accordance with the guidance of the Chief Justice of the Supreme People's Court as stated in Directive 01/2023/CT-CA dated January 3, 2023 of the Chief Justice of the Supreme People's Court.

To be specific:

+ The High People's Court, Department of Inspection and Director I, II, III each proposes at least 03 judgments and decisions with legal effect as a source to develop into precedents/01 year.; People's Courts of provinces and centrally-run cities;

+ Military Courts and their equivalents of each unit shall propose at least 1 judgment or decision per year that has legal effect as a source for developing precedent. The Central Military Court is responsible for monitoring and urging the implementation of this task by the Military Courts and their equivalents.

- The Director of the Judicial Academy shall organize for officials, public employees, trainees, and students of the Academy to study the judgments and decisions that have legal effect as a source for developing precedent in order to promote the development of precedent.

Proposed precedent from the units should be implemented according to the form (attached to this document) and sent to the Supreme People's Court through the Department of Legal Affairs and Scientific Management before July 5, 2024, and the Word file should be sent to the email address phonganlespc@gmail.com for the Department of Legal Affairs and Scientific Management to study, draft the precedent for submission to the Judicial Council of the Supreme People's Court.

More details can be found in Official Dispatch 100/TANDTC-PC, dated June 14, 2024.

Regulations on the proposal for publication of judgments and decisions to be developed into precedent in Vietnam

Precedent refers to the reasoning and rulings in judgments and decisions that have legal effect from the Court regarding a specific case, selected by the Judicial Council of the Supreme People's Court and announced by the Chief Justice of the Supreme People's Court as precedent for other Courts to study and apply in trials.

The proposal for publication of judgments and decisions to be developed into precedent must comply with Article 2 of Resolution 04/2019/NQ-HDTP as follows:

- Individuals, agencies, and organizations can submit proposals for publication of judgments and decisions that have legal effect from the Court, containing reasoning and rulings that meet the criteria provided in Article 2 of Resolution 04/2019/NQ-HDTP, to the Supreme People's Court for consideration and development into precedent.

- Courts are responsible for reviewing and identifying judgments and decisions that have legal effect from their Court, containing reasoning and rulings that meet the criteria provided in Article 2 of Resolution 04/2019/NQ-HDTP, and sending them to the Supreme People's Court for consideration and development into precedent.

According to Resolution 04/2019/NQ-HDTP, the precedents to be selected must satisfy all the criteria below:

- Being able to clarify ambiguous provision(s) of the law that 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 that lack specifying provisions of the law;

- Having normative value;

- Ensuring the consistency of the law in adjudication.

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