Án Lệ Mới Nhất Được Công Bố

On October 17, 2018, the Supreme People’s Court of Vietnam’s Justices Council convened to deliberate on 17 proposed judgments and decisions intended to serve as precedents. Following thorough discussions and detailed analyses of each proposed judicial review decision, the Council reached a decision to select these judicial review decisions as legal precedents.

According to the Chief Justice’s directives, from December 3, 2018, all people’s courts and military courts are required to study and apply these legal precedents in their adjudications. This application must be in accordance with the guidelines provided in Article 8 of Resolution No. 03/2015/NQ-HĐTP, issued on October 28, 2015, by the Supreme People’s Court’s Justices Council. The specifics are as follows:

Precedents are to be applied in adjudications 45 days after their announcement or the publication decision made by the Chief Justice of the Supreme People’s Court.

When adjudicating cases, judges and lay judges are to consider these legal precedents to ensure that similar cases with the same factual circumstances and legal events are resolved consistently. In cases where precedents are applied, they must be referenced, analyzed, and clarified in the court’s judgment or decision. If a precedent is not applied, judges must provide an analysis and clearly state the reasons in their judgments or decisions.

If changes in laws, resolutions by the National Assembly, ordinances, or resolutions from the Standing Committee of the National Assembly, or decrees from the Government render a precedent no longer relevant, judges are not obligated to apply it.

Should a precedent ceases to be relevant due to altered circumstances, judges must promptly recommend the annulment of the precedent to the Supreme People’s Court’s Justices Council through the Department of Legal Affairs and Scientific Management, in accordance with the guidance in Sections 2, 3, 4, and 5 of Article 9 (on the annulment or substitution of precedents) of this resolution.

Overview of Selected Legal Precedents

Precedent No. 26/2018/AL concerns the determination of the starting point for calculating the statute of limitations and the statute of limitations for requesting the division of inherited real estate. This precedent was approved by the Supreme People’s Court’s Justices Council on October 17, 2018, and officially published as Decision No. 269/QĐ-CA on November 6, 2018.

The source of this precedent comes from Judicial Review Decision No. 06/2017/DS-GĐT dated March 27, 2017, concerning a case of “dispute over inheritance and division of common property” in Hanoi, involving plaintiffs Mr. Cấn Xuân V and others against defendants including Mrs. Nguyễn Thị L and Mr. Cấn Anh C.

Precedent No. 25/2018/AL addresses the issue of not having to pay a deposit penalty due to objective reasons. Like the previous precedent, it was approved by the Supreme People’s Court’s Justices Council on October 17, 2018, and published on November 6, 2018.

This precedent is derived from Judicial Review Decision No. 79/2012/DS-GĐT dated February 23, 2012, related to a civil case concerning “disputes over deposit contracts” in Ho Chi Minh City.

Precedent No. 24/2018/AL discusses the conversion of inherited assets into assets owned and lawfully used by individuals. It was also adopted by the Council on October 17, 2018, and published subsequently.

The source here is Judicial Review Decision No. 27/2015/DS-GĐT dated October 16, 2015, relating to a land-use inheritance dispute case in Hanoi.

Precedent No. 23/2018/AL pertains to the validity of life insurance contracts when the policyholder fails to pay premiums due to the fault of the insurance company. Approved on October 17, 2018, this precedent was published according to the same schedule.

The source for this precedent can be found in Judgment No. 538/2009/DS-PT dated March 31, 2009, concerning a dispute over an insurance contract.

Precedent No. 22/2018/AL clarifies that there is no violation in providing information about health conditions in life insurance contracts. This precedent shares the same approval and publication timeline.

The judicial source is Phúc thẩm No. 313/2016/DS-PT dated March 16, 2016.

Precedent No. 21/2018/AL addresses issues of fault and damages in cases of unilateral termination of asset lease contracts. It was also included among the approved precedents in October 2018.

This precedent derives from Judicial Review Decision No. 08/2016/KDTM-GĐT dated May 20, 2016.

Precedent No. 20/2018/AL related to the establishment of an employment contract after the probation period—approved on October 17 and published as previously noted.

The case study for this precedent is Judicial Review Decision No. 01/2017/LĐ-GĐT dated August 9, 2017.

Precedent No. 19/2018/AL involves determining the value of property misappropriated in the context of “embezzlement of property.” This was also part of the October 2018 approvals.

The reference for this precedent stems from Judicial Review Decision No. 09/2015/HS-GĐT dated April 23, 2015.

Precedent No. 18/2018/AL deals with instances of homicide in the course of performing official duties, also adopted in October 2018 with its corresponding publication.

Precedent No. 17/2018/AL revolves around considering “criminal behavior” in homicide cases with accomplices—again, part of the October announcement.

These precedents are essential for the legal community as they provide clarity and direction, ensuring that similar cases are adjudicated consistently across the judiciary, thereby strengthening the foundations of the luật system in Vietnam.

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