Regulations on applying precedents in adjudication in Vietnam

Regulations on applying precedents in adjudication in Vietnam (Internet image) 

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

1. Regulations on applying precedents in adjudication in Vietnam

Regulations on applying precedents in adjudication according to Article 8 of Resolution 04/2019/NQ-HDTP are as follows:

- Each precedent shall be studied and applied in adjudication after 30 days from the date on which it is published.

- The judges and the lay judges must study and apply the precedent to settle similar cases so that the two cases had similar facts to one another shall have the same settlement results. If the precedent is not applied in a case with similar facts, the Courts must provide explanation in the judgment.

- If a precedent is used, name of the precedent, legal cases, legal solutions in the precedent and legal case of the case being adjudicated must be cited and analysed in the section of “The Court’s remark”; depending on specific situations, the whole or part of the precedent can be cited to clarify the point of the Courts while adjudicating, handling similar cases.

2. Regulations on publication of precedents in Vietnam

Regulations on publication of precedents in Vietnam according to Article 7 of Resolution 04/2019/NQ-HDTP are as follows:

- The Chief Justice of the Supreme People’s Court shall issue a decision to publish the precedents ratified by the Council of Justices of the Supreme People’s Court.

- A published precedent must contain:

+ Number and name of the precedent;

+ Number, name of the judgment of the court proposed to be developed into precedent;

+ Legal cases and solutions in the precedent;

+ Provisions of the law relating the precedent;

+ Keywords of legal cases and solutions in the precedent;

+ Details of the case and ruling of the Court relating the precedent;

+ Contents of the precedent.

- The precedents shall be uploaded on the website of the Supreme People’s Court; sent to Courts, units affiliated to the Supreme People’s Court and published in the law reports/reporters

3. Regulations on the Precedent Advisory Board in Vietnam

Regulations on the Precedent Advisory Board according to Article 5 of Resolution 04/2019/NQ-HDTP are as follows:

- The Precedent Advisory Board shall be established by the Chief Justice of the Supreme People’s Court and composed of at least 09 members. The Board President is the President of Science Council of the Supreme People’s Court, 01 Board Deputy President is the Deputy President of Science Council of the Supreme People's Court, other members are representatives of the Ministry of Justice, the People’s Supreme Procuracy, the Vietnam Bar Federation, representatives of relevant agencies, organizations, legal specialists and 01 senior representatives of Department of Legislation and Science management of the Supreme People’s Court (who is also the Board Secretary).

With regard to criminal precedent, the composition of the Precedent Advisory Board shall include the representatives of the Ministry of Public Security, the Ministry of National Defense or the People’s Supreme Procuracy.

- The Precedent Advisory Board must discuss and offer opinions about the judgments proposed to be developed into precedents, contents proposed as precedents and draft precedents.

- The consultation held by the Precedent Advisory Board shall be in form of a meeting or in writing. The President of the Precedent Advisory Board shall determine the methods of collecting feedback of the members and report the consultation responses to the Chief Justice of the Supreme People’s Court.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE