To announce 07 additional precedents applicable as of November 1, 2023 in Vietnam

To announce 07 additional precedents applicable as of November 1, 2023 in Vietnam

The following 07 (seven) new precedents are approved by the Council of Judges of the Supreme People's Court:

- 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.

Decision 364/QD-CA takes effect from October 1, 2023.

Applying precedents in trials in Vietnam

- Precedents are studied and applied in trial after 30 days from the date of publication.

- During trial, Judges and Jurors must conduct research and apply precedents to ensure that cases with similar legal situations are resolved equally. If the case has similar legal situations but the Court does not apply the precedent, the reason must be clearly stated in the Court's judgment or decision.

- In case the Court applies precedent to resolve the case, the number and name of the case law, the legal situation, the legal solution in the case law, and the legal situation of the case being resolved must be cited and analyzed in the "Court's comments" section; Depending on each specific case, all or part of the content of the precedent can be quoted to clarify the Court's viewpoint in adjudicating and resolving similar cases.

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