Headlines 11/10/2023 14:31 CH

Chief Justice of Supreme People’s Court of Vietnam discloses 7 new precedents

Trần Thanh Rin

On October 1, 2023, the Supreme People's Court of Vietnam promulgated Decision No. 364/QD-CA on the disclosure of precedents.

According to the Decision, 7 new precedents approved by the Council of Justice of the Supreme People's Court of Vietnam are as follows:

- Precedent No. 64/2023/AL on the determination of punishments and “organized” aggravating factors in the crime of “kidnapping for ransom”.

- Precedent No. 65/2023/AL on criminal prosecution for the crime of "human trafficking".

- Precedent No. 66/2023/AL on the determination of the crime of “human trafficking”.

- Precedent No. 67/2023/Al on beneficiaries in kind during the distribution of common property.

- Precedent No. 68/2023 on rights to receive inheritances in kind that are houses of Vietnamese heirs residing abroad.

- Precedent No. 69/2023/AL on the competence of commercial arbitration in the settlement of disputes over information confidentiality and non-compete agreements.

- Precedent No. 70/2023/AL on the termination of labor contracts for workers who are part-time union officials.

People’s Courts and Military Courts shall study and apply the precedents to trial as of November 1, 2023.

The application of precedents shall be performed according to guidelines prescribed in Article 8 of Resolution No. 04/2019/NQ-HDTP dated June 18, 2019 of the Council of Justices of the Supreme People's Court of Vietnam on the procedure for selecting, publishing, and applying precedents.

Therefore, up to now, Vietnam has had a total of 70 disclosed precedents.

**A precedent means arguments and rulings in a legally effective judgment or decision of the courts that are selected by the Council of Justices of the Supreme People’s Court and published by the Chief Justice of the Supreme People’s Court of Vietnam in order for other courts to study and apply them when deciding later cases.

See more details of the 7 new precedents in Decision No. 364/QD-CA which comes into force as of its date of signing.


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