The Supreme People's Court of Vietnam response to 31 issues during adjudication

The Supreme People's Court of Vietnam response to 31 issues during adjudication
Tran Thanh Rin

This is the content mentioned in Official Dispatch 206/TANDTC-PC dated December 27, 2022, regarding the notification of results from the online responses to certain issues during adjudication of the Supreme People's Court of Vietnam.

The Supreme People's Court of Vietnam has given responses to 31 issues during the adjudication of criminal, civil, commercial, and administrative cases, and mediation and dialogue at the Court with the specific quantity as follows:

- Criminal: 03 issues;

- Criminal procedure: 07 issues;

- Commercial business: 05 issues;

- Civil - Civil procedure: 06 issues;

- Administrative, administrative procedure: 07 issues;

- Mediation and dialogue at the court: 03 issues.

For example, in the dispute case over the inheritance of property (in Clause 1, Section IV, Official Dispatch 206/TANDTC-PC), an heir refused to receive the inheritance and appealed the first-instance judgment to request the resolution of the inheritance division according to the law.

Regarding this request, the Court in Vietnam shall consider and decide as follows:

- In case the heir voluntarily refuses to receive the inheritance, the Court shall not accept the request of the involved party regarding the division of the inheritance for the portion refused to receive.

- In case there is a basis to believe that the refusal to receive the inheritance by the heir is due to fraud, coercion, threats, etc., the Court shall consider accepting the request of the involved party.

Detailed content may be found in Official Dispatch 206/TANDTC-PC dated December 27, 2022.

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