When will a precedent be considered ratified in Vietnam?

When will a precedent be considered ratified in Vietnam? (Internet image)

Regarding this issue, LawNet responded as follows:

1. Criteria for selecting precedents in Vietnam

According to Article 2 of 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 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.

2. When will a precedent be considered ratified in Vietnam?

According to Clause 2, Article 6 of Resolution 04/2019/NQ-HDTP, the precedent is to be considered ratified if it falls in any of the following circumstances:

- It is developed from a legally effective judgment of the Court and it has been consulted on according to guidelines specified in Article 4 and Article 5 of Resolution 04/2019/NQ-HDTP;

+ Seeking consultation on judgments developed into precedents

++ The judgment proposed to be developed into precedents, contents proposed as precedents and draft precedents must be uploaded on the website of the Supreme People’s Court so that the concerned Courts, specialists, scientists, practical activists, individuals, agencies and organizations can provide their consultation, except for cases specified in Point b, c and d Clause 2 Article 6 of Resolution 04/2019/NQ-HDTP.

The consultation shall be sent to the Supreme People’s Court. The consultation period is 30 days from the date of the upload.

++ Based on the broad consultation about the judgments proposed to be developed into precedents, contents proposed as precedents and draft precedents, the Chief Justice of the Supreme People’s Court will consider seeking consultation with the Precedent Advisory Board. The consultation with the Precedent Advisory Board shall conform with guidelines specified in Clause 2 and Clause 3 Article 5 of this Resolution.

+ Precedent Advisory Board

++ 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.

- It is proposed by the Justices of the Supreme People’s Court;

- It is proposed by the Boards of Justices of the Superior People’s Courts;

- It is selected by the Council of Justices of the Supreme People’s Court during reopening procedure and cassation procedure.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE