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SUPREME
PEOPLE’S COURT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
03/2005/NQ-HDTP
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Hanoi,
April 28, 2005
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RESOLUTION
OF THE JUDGES’ COUNCIL OF SUPREME PEOPLE’S COURT NO.
03/2005/NQ-HDTP DATED APRIL 28, 2005 GUIDING THE IMPLEMENTTION OF A NUMBER OF
PROVISIONS OF THE LAW ON BANKRUPTCY
THE JUDGES’ COUNCIL OF SUPREME PEOPLE’S COURT
Pursuant to the Law on
the Organization of People’s Courts;
In order to execute properly and
unified the Law on Bankruptcy (hereinafter referred as LoB);
After having unified opinion
of Director of Supreme People’s Procuracy and Minister of Justice;
RESOLVE:
I. ON CHAPTER I - GENERAL PROVISIONS OF LoB
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1.1. LoB is
applied to enterprises, cooperatives and unions of cooperatives (cooperatives
and unions of cooperatives collectively referred to as cooperatives)
established and operating under the provisions of the law provisions of
Vietnam; namely:
a. State-owned
companies;
b. One member
limited Liability Company;
c. Two
members or more Limited liability company;
d. Shares holding
company;
đ. Partnerships;
e. Private
enterprise;
g. Enterprises of
political organizations, political- social organizations;
h. Cooperatives;
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k. The joint
venture enterprises;
l. Enterprises
with 100% foreign owned capital;
m. The types of
other enterprises and cooperatives under the provisions of the law of Vietnam.
1.2. Upon receipt
of the petition for bankruptcy procedures for enterprise, cooperative, the
court must examine the specific list defined by the Government on special
enterprises directly serving defense and security; enterprises and cooperatives
operating in the financial sector, banking, insurance and other areas regularly
and directly supplying products and essential public utility services if it has
such enterprise, cooperative or not, to do as follows:
a. If the
enterprise or cooperative petitioned for bankruptcy procedures to be of the
list specified by the Government, the court shall only accept pertition for
opening of bankruptcy procedures when having all the conditions to apply
defined by the Government for the enterprise, cooperative. After accepting the
petition for bankruptcy procedures, the implementation of bankruptcy procedures
must be strictly in accordance with provisions of the Government on the
execution of LoB for this enterprise, cooperative.
b. If the
enterprise or cooperative that is required for opening bankruptcy procedures is
not of the list specified by the Government, the court shall conduct bankruptcy
procedures under the provisions of LoB, the legal documents guide the
implementation of LoB and guide this Resolution.
2. Regarding
the provisions of Article 3 of the LoB
2.1. Enterprises,
cooperatives shall be considered as falling into bankruptcy state when having
all the following conditions:
a. Having due
debts.
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b. The creditor
has demand for payment, but enterprises, cooperatives can not afford for
payment.
Requirements of creditors
for being paid the due debts must have bases to prove that creditors had asked
for, but they are not paid by enterprises, cooperatives (such as the written
requirement for being paid due debts of the creditors, the written reply asking
for a delay of paying debts of enterprises, cooperatives ...).
3. Regarding
Article 7 of the LoB
3.1. When the
object required for opening of bankruptcy procedures is cooperative, after
receiving application for opening of bankruptcy procedures, the court must examine
the place to register business of cooperative in order to determine the
jurisdiction of Court, it is as follows:
a. In case
cooperative registered business in the enterprise registration agency of
district, town and provincial city, the People's Court of district, town and
provincial city (hereinafter referred the district-level People's Court) has
jurisdiction to conduct the bankruptcy procedures for the cooperative;
b. In the case the
cooperative registered business in the enterprise registration agency of
province and city under central authority, the People's Court of province and
city under central authority (hereinafter referred to as the provincial-level
People's Court) has jurisdiction to conduct bankruptcy procedures for the
cooperative.
3.2. In case of
necessary, the provincial-level People's Court shall take up conducting
bankruptcy procedures for the cooperatives under the jurisdiction of the
district-level People's Court including:
a. The
Cooperatives requested for bankruptcy procedures having their branches,
representative offices, real estates, creditors in many different districts;
b. The
Cooperatives requested for bankruptcy procedures having their branches,
representative offices, real estates, creditors or debtors in foreign countries;
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d. The
Cooperatives that are concerned bodies of the cases to be suspended by the
Court made the decision to open bankruptcy procedures for the cooperatives or
in other complex cases (required to declare the transactions of enterprises,
the cooperatives in clause 1 of Article 43 of the LoB as invalid ...).
3.3. When the
cooperatives required for opening bankruptcy procedures of one of the cases guided
in subsection 3 of this Section 3.2, it shall be settled as follows:
a.
Provincial-level People's Court sends written request to the district-level
People's Court to transfer the written request for opening bankruptcy
procedures and papers and documents accompanied for the provincial-level
People's Court to carry out the bankruptcy procedures. Where the district-level
People’s Court found that it can solve the case itself, it shall send a written
notice to the provincial-level People's Court and continue to conduct
bankruptcy procedures;
b. District-level
People's Court sends a written request and application for opening of
bankruptcy procedures and papers and documents accompanied to the
provincial-level people's court for conducting bankruptcy procedures.
Provincial-level People's Courts must accept the application for opening of
bankruptcy procedures to conduct the bankruptcy procedures;
c. The transfer of
application for opening bankruptcy procedures and papers and documents
accompanied from the district-level People's Court to the provincial-level
People's Court must be notified the applicant for opening of bankruptcy
procedures.
4. Regarding
Article 8 of the LoB
4.1. After
accepting the application for opening bankruptcy procedures and documents, documents
attached, if found that the implementation of bankruptcy procedures must be in
charge of by the group of Judges, the Judge assigned to solve the application
reports to the Chief Economic Court of the provincial People's Court to be
appointed two additional judges to join the group of judges in charge of
bankruptcy procedures. Judges assigned to solve the application is assigned to
be the head of the group of judge in charge of conducting bankruptcy
procedures.
4.2. The
cases required to be solved by a group of Judges in charge of conducting
bankruptcy procedures include:
a. In the course
of carrying out bankruptcy procedures, it needs to settle disputes of debts;
needs to declare the transaction of enterprises, cooperatives prescribed in
clause 1 of Article 43 of the LoB as invalid; settle the case suspended which
the enterprises or cooperatives are concerned bodies to the case decided by the
Court made decision to open bankruptcy procedures for the enterprises,
cooperatives;
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c. The
Enterprises, cooperatives required for opening bankruptcy procedures having
their branches, representative offices, assets, creditors, or debtors in
foreign countries or in other complex cases.
4.3. In the case
the district-level People's Court is conducting bankruptcy procedures, but
found that the continuity of bankruptcy procedures is of one of the cases
required to be in charge by a group of Judges as guided in subsection 4.2 of
this Section 4, send a written request for transferring the dossier of solving
the bankruptcy to the provincial-level People's Court. Provincial-level People's
Court accepts and carries out the bankruptcy procedures in accordance with
provisions of the LoB and the guidance in this Resolution.
4.4. Changing,
supplementing judges to establish a group of Judges or withrawing Judges from
the group of Judges.
a. In the course
of carrying out bankruptcy procedures that the judge who is in charge of
conducting bankruptcy procedures can not continue to carry out his/her tasks
for legitimate cause, the Chief judge of District-level People's Court or the
Chief judge of Economic Court of the Provincial-level People's Court appoints
another judge for replacement;
b. In the case of
conducting bankruptcy procedures at the beginning only be in charge by a judge,
but in the process of conducting bankruptcy procedures found that the
conducting of bankruptcy procedures is of one of the cases guided in subsection
4.2 of this Section 4 of this section, the judge who is being in charge of
conducting bankruptcy procedures reports to the Chief Judge of Economic Court
of the provincial-level People's Court for appointing two additional judges to
join the group of judges to be in charge of conducting bankruptcy procedures;
c. In the case of
conducting bankruptcy procedures at the beginning be in charge by a group of
Judges, but in the process of conducting bankruptcy procedures found that the
continuity of conducting bankruptcy procedures only needs one judge in charge
of, the Judges group head report to the Chief Judge of Economic Court of the
provincial-level People's Court to withdraw the two judges from the group of
Judges;
d. The decision on
change, supplementation, or withrawal of the judges in charge of conducting
bankruptcy procedures must be notified under the provisions of Article 29 of
the LoB.
4.5. In the course
of carrying out bankruptcy procedures, if detecting criminal signs, the judge
shall send official dispatch together with copies of the documents relating to
the crime to the People's Procuracy at the same level to consider the criminal
prosecution, accused prosecution and proceed with bankruptcy procedures under
the provisions of the LoB and the guidance in this Resolution. Copies of
documents relating to the crime must be certified by the judge or other
competent person assigned by the chief Judge of Court and stamped by the Court.
5. Regarding
the provisions of Article 9 of the LoB
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5.2. Where
necessary, trade union representative, representative of workers shall join in
the group of management and liquidation of assets as prescribed at point đ,
clause 2 of Article 9 of the LoB in the case of applicants for opening of
bankruptcy procedures as representative of workers, trade union representative,
or where the trade union is required to participate in.
5.3. Where
necessary, representatives of the professional bodies shall join the management
and liquidation of assets as prescribed at point đ, clause 2 of Article 9 of
the LoB in the case of enterprise, cooperative requested for bankruptcy
declaration operates in the specific sector (eg insurance, audit, banking ...).
II. ON CHAPTER II - APPLICATION AND ACCEPTING APPLICATIONS FOR OPENING
OF BANKRUPTCY PROCEDURES OF LoB
1. Regarding
the provisions of Article 21 of the LoB
1.1. Where the
applicants for opening of bankruptcy procedures must make advance payment of
bankruptcy fees, the court shall determine the level to be paid in accordance
with the law provisions on legal cost and charge of court. While having not had
new regulations of the State on charges of bankruptcy, the court shall,
pursuant to Article 41 of Decree No.189/CP on 23-12-1994 of the Government
guiding the implementation of the Enterprises Bankruptcy Law in 1993 on
bankruptcy costs, Article 34 of Decree No.70/CP of the Government on legal cost
and charge of court to determine the advance payment of bankruptcy fees in each
specific case.
1.2. In case of
bankruptcy fees made advance payment by the state budget prescribed in clause 3
of Article 21 of the LoB, the Court shall accept the application for opening
bankruptcy procedures and conduct the bankruptcy procedures in accordance with
provisions of LoB and directions provided in this Resolution. After having the
decision to open bankruptcy procedures, the judge allows enterprise,
cooperative to make a certain number of acts (recovery of debts, sale of assets
...) to get cash for making advance payment of bankruptcy fees.
2. Regarding the
provisions of Article 27 of the LoB
After accepting
the application for opening bankruptcy procedures, the judge must consider the
application and other papers, documents attached, and require the enterprise,
cooperative which falls into bankruptcy state to send a written report to
review if the enterprise or cooperative falls into one of the cases specified
in Article 27 of LoB or not to settle as follows:
2.1. In the case
enterprise, cooperative is the body required to execute civil judgment on
property, the judge must give written notice to the enforcement agency of civil
judgments and request such agency to make decision to suspend the enforcement
of civil judgment.
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2.3. In case of
having secured creditors to request for the handling of security assets of the
enterprise, cooperative, the judge must inform them of general principles of
the handling of security assets of the enterprise, the cooperative that is
temporarily being suspended. Just in case having all the following conditions,
the judge may allow handling security assets of the enterprise or cooperative
for the secured creditors:
a. Assets required
for handling is the security assets for due debts;
b. The handling of
the security assets does not affect the production and business activities of
enterprise, cooperative;
c. The person who
requests for handling security assets must have written request, which presents
the reasons for requesting for handling security assets, raises the legitimate
reason, and the handling of security assets of the enterprise for them is
necessary.
3. Regarding the
provisions of Article 29 of the LoB
3.1. Court's
decision on opening of bankruptcy procedures must be sent to the enterprise,
cooperative falling into bankruptcy state, the People’s Procuracy of the same
level and was published in the local paper where the enterprise or cooperative
falling into the bankruptcy state locates its headquarter, daily newspaper of
central agency in three consecutive issues.
a. Local newspaper
where enterprise or cooperative falling into the bankruptcy state has its head
office is the press of the Party Committee of Province, the centrally-run
cities or other local newspapers in accordance with the Law on Press and
published many issues. In the event that there is no newspaper in that
locality, it can publish on the newspaper of other locality, but it must be
issued on that locality;
b. Daily newspaper
of the central is the newspaper of a central body issuing daily across the
country.
3.2. For
creditors, the debtors of the enterprise, cooperative falling into bankruptcy
state, the court shall only notify in writing to them in the form attached to
this Resolution.
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1. Regarding
the provisions of Article 33 of the LoB
Obligations of
assets of enterprise, cooperative which fall into bankruptcy state is
determined by:
1.1. Total requirements
of the creditors demanding enterprise, cooperative falling into bankruptcy
state to perform obligations of unsecured assets (including mature and
immature), that these obligations are established, generated before the time
the Court accepts the application for opening bankruptcy procedures;
1.2. Total
requirements of the secured creditors demanding enterprise, cooperative falling
into bankruptcy state to perform obligations of secured assets (including
mature and immature), that these obligation are established,
generated before the time the Court accepts the application for opening
bankruptcy procedures, but the priority right of payment has been canceled.
2. Regarding the
provisions of Article 34 of the LoB
Where the judge
issue decision to apply liquidation procedures for enterprise, cooperative, the
undue debts at time of opening the liquidation procedure is handled according
to the principle of amount of principal plus interest ( if any) calculated to
the date the court issues decision to open the liquidation procedure.
Example: Company A
signed a contract of loan credit witht the Bank B 5 billion dong for a period
of 12 months at an interest rate of 1% per month. The contract is effective
from 01-6-2004 to the end of 31-5-2005. If the contract is normally done, when
it is mature, total amount of principal plus interest will be: 5 billion dong +
(5 billion dong x 12 months x 1%/month = 5 billion 600
million dong. Because Company A falled into bankruptcy state and the court
issued the decision to open the bankruptcy procedures for company A. On
01-3-2005, the court decided to to open the liquidation procedure for Company
A. So Company A's debt is calculated as follows:
- The principal
debt is 5 billion dong;
- Interest is
calculated to the end of 02-2005 as 5 billion dong ´ 9 months ´ 1%/month = 450
million dong;
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3. Regarding
the provisions of Article 36 of the LoB
Enterprises that have
been applied special measures on assets by the state (investment of capital,
machinery and equipment, regulation of the debts ...) in order to restore
business operations, but still not recovered, required to apply the liquidation
procedures, before the division of property is made under the provisions of
Article 37 of the LoB, the court must decide to refund value of the property
has been applied special measures to the State as follows:
3.1. If special
measure which is applied to property is money, the court must decide to refund
exactly the amount invested by the State without interest.
3.2. If special
measure which is applied to property is movable asset, real estate but is not
money (land use rights, buildings, machinery, equipment,...), the court must
decide to refund to the State the property value by the price at the time of
applying the special measure, unless otherwise specified by state or between
the state and enterprise, cooperative have agreed otherwise on this return.
4. Regarding
the provisions of Article 38 of the LoB
4.1. The
obligations which are not money are the obligations that under the provisions
of the law, enterprise, cooperative must perform to those who have the rights
or others must perform for enterprise and cooperative but they have not been
conducted and the value of such obligations has not been calculated into money.
4.2. Where the
obligation is not money that enterprise, cooperative must perform to those who
have the rights and they have requested, it shall determine the value of such
obligations at the time of opening bankruptcy procedures into money for
including into obligations of assets of the enterprise or cooperative.
For example:
according to the contract to be concluded, the enterprise A shall transport for
enterprise B a number of machines from Hanoi to Ho Chi Minh City and vice versa
enterprise B installs for enterprise A (installation labour) a production line.
Enterprise B has implemented its obligations, but Enterprise A has not
implemented its obligations and fall into bankruptcy state. Enterprise B has
requested for valuation of installation labour for the production line for the
enterprise to include in obligations of the assets of enterprise A, the court
must determine the value of such obligations at the time of decision opening
bankruptcy procedures and include in obligations of assets of the enterprise A.
4.3. In case of
detecting obligations which are not money that others are obliged to perform
for the enterprise, cooperative falling into bankruptcy state, determine the
valuation of such obligations at the time of opening bankruptcy procedures into
money to include in credit assets of the enterprise or cooperative.
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5.1. Regarding the
provisions of clause 1 of Article 39 of the LoB.
In the case many
enterprises, cooperatives have joint obligations on a debt that one or all of
the enterprises or cooperatives falling into bankruptcy, if the creditor
requires a certain enterprise, cooperative among the enterprises or
cooperatives to pay debt, the repayment shall be made by such enterprise,
cooperative. Then such enterprise, cooperative has the right to request
enterprises, cooperatives having joint obligations on the debt has been paid to
refund it their portion of obligations which have been paid as a substitute.
5.2. Regarding the
provisions of clause 2 and clause 3 of Article 39 of LoB.
a. In the event
the guarantor falls into bankruptcy state, and the guarantee does not fall into
bankruptcy state, then the guarantee must perform its obligations of assets for
the person who receives guarantee (not recorded the person who receives
guarantee to the list of creditors for the guarantor);
b. In the case the
guarantee falls into bankruptcy state, but the guarantor does not fall into
bankruptcy state or in the case both the guarantor and the guarantee fall into
bankruptcy state, then the guarantor must perform obligations of assets for the
person who receives guarantee (not recorded the person who receives guarantee
to the list of creditors for the guarantee falling into bankruptcy).
IV. ON CHAPTER IV - THE MEASURE PRESERVING PROPERTY OF LOB
1. Regarding
the provisions of Article 44 of the LoB
1.1. During the
court conducting bankruptcy procedures, if it is detected that enterprise,
cooperative falling into bankruptcy state implements one of the transactions
and within the period specified in clause 1 of Article 43 of the LoB, the
unsecured creditors, the group of managing and liquidating assets may request the
court to declare that the transaction is invalid. The request must be made in
writing. Attached to the written request are the papers and documents to prove
that their claims have grounds. Upon receiving the written request and papers,
documents attached, the judge conducting bankruptcy procedures examines,
reviews and if considering the request deems ground, in accordance with the
law, shall issue the decision to declare that the transaction is invalid.
1.2. The Judge
must send the decision to declare the transaction of enterprise, cooperative
prescribed in clause 1 of Article 43 of the LoB as invalid to the group of
managing and liquidating assets and parties to the transaction. The head of the
group of managing and liquidating assets shall organize to execute the decision
of the court under the provisions of clause 2 of Article 44 of the LoB.
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2.1. When
creditors, enterprises, cooperatives fall into bankruptcy state, the head of
the group of managing and liquidating assets found that the suspension of the
contract performance is more favorable in term of assets
(physical) for enterprises and cooperatives, shall send written
request to the court for making decision to suspend the contract
performance. Attached to the written request are the papers,
documents to prove that the suspension of the effective contract
performance is more favorable in term of assets (physical) for
enterprises and cooperatives.
2.2. The
determination of more advantage for enterprises, cooperatives in the suspension
of contract performance shall be implemented as follows:
a. Provisional
calculation of losses and damages that enterprises, cooperatives to suffer if
they continue to perform the contracts;
b. Provisional
calculation of property damages (as a manner of negative legal consequences)
that enterprises, cooperatives suffer if unilaterally suspend the performance
of the contracts;
c. If the damages
of provisional calculation are guided at point b less than the damages as
guided in point a, this subsection 2.2, it is considered as more favorable for
enterprises.
2.3. After
receiving the written request and papers, documents attached to prove that the
suspension of the effective contract performance is more
favorable in term of assets (physical) for enterprises and cooperatives, the
Judge must consider immediately. If written request is deemed ground, the Judge
can accept and issue a decision to suspend the contract performance. If written
request is deemed groundless, shall not accept and inform the requesting
person.
3. Regarding
the provisions of Article 51 of the LoB
Last day to
publish the decision to open bankruptcy procedures of the court is the final
day to publish one of two newspapers without a distinction that it is of local
newspaper or central newspaper.
For example: The
decision to open bankruptcy procedures of the court is published in local
newspaper for three consecutive issues on 02, 04 and 06-3-2005; is published on
the central newspaper in the three consecutive issues on 02, 03 and 04-3-2005,
then the final newspaper to publish is 06-3-2005.
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4.1. When deemed necessary
to preserve the assets of enterprise or cooperative which fall into bankruptcy
state, then the group of managing and liquidating assets must send written
request to the judge in charge of conducting bankruptcy procedures to issue the
decision to apply one or a number of temporary emergency measures provided for
in Article 55 of the LoB. The written request must be specified the type of
temporary temporary measure to be applied, application objects and reasons for
applying.
4.2. The
application of provisional emergency measures must aim to preserve the assets
of the enterprises or cooperatives which fall into bankruptcy state, but may
not affect business activities of enterprises, cooperatives under Article 30 of
the LoB.
5. Regarding
the provisions of Article 58 of the LoB
Upon receiving the
case’ dossier transferred by the court making decision to suspend the handling
of the case, the judge who is conducting bankruptcy procedures must consider
and resolve. Under the provisions of LoB, decision of settling the case to be
suspended may not be complainted or protested against; thus, when dealing with
these types of cases, the judge accepts only those financial obligations which
are clear, have sufficient proving evidence.
V. ON SOME OTHER PROVISIONS OF LOB
1. Regarding
the provisions of Article 62 and Article 63 of the LoB
1.1. It should be
distinguished that for those who are specified in Article 62 of LoB, the
participation in the meeting of creditors is their rights, and for those who
are specified in Article 63 of LoB, the participation in the meeting of
creditors is their obligations. The distinction is to determine the eligibility
of the meeting of creditors, postponing of the meeting of creditors and
suspension of conducting bankruptcy procedures are stipulated in Articles 65,
66 and 67 of LoB.
1.2. In the case
enterprises or cooperatives falling into bankruptcy state have no
representatives as specified in clause 1 of Article 63 of LoB to participate in
the meeting of creditors, the judge in charge of conducting bankruptcy
procedures appoints the representives for enterprises and cooperatives to
participate in the meeting of creditors. When appointing the representatives
for enterprises, cooperatives to participate in the meeting of creditors, the
judge should choose those who understand the work and activities of enterprises
or cooperatives falling into bankruptcy state and for the general rules it
should be appointed by the order of positions from the one who has position
right after the legal representatives of enterprises, cooperatives and counted
down. For private enterprise that the private enterprise’s owner has died and
has no the legal successor of the enterprise’s owner, it is necessary to
appoint a relative of the owner of that enterprise.
2. Regarding
the provisions of Article 77 of the LoB:
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2.1. Notify in
writing to the enforcement agency of civil judgments for continuing the
implementation of civil judgement as prescribed by law. Attached to the written
notice are the papers and documents relating to the enforcement of civil
judgment (if any).
2.2. Return the
case’s dossier (note that it is not all the records of the bankruptcy) to the
competent court to resolve the case according to law provisions.
3. Regarding
the provisions of Article 84 and Article 92 of the LoB
3.1. As stipulated
in clause 3 of Article 84 and clause 3 of Article 92 of the LoB, the decision
to settle complaints and protests of the superior court is final and legally
effective from the date of issuing the decision. Therefore, when dealing with
complaints and protests, the group of Judges should carefully consider
decisions of the subordinate court, the application of the complainant or
protest by the People's Procuracy to make decisions according to the law. Where
necessary, the decision to settle complaints and protests must be disscussed to
give comments by the Judicial Committee (for the provincial-level People's
Court) or collective of leaders (for the Appellate Court of the Supreme
People's Court).
3.2. In the event
of having protest by the People's Procuracy for the decision to open the
procedure of liquidation of assets or decision to declare enterprise or
cooperative to be bankrupted, the superior court shall notify in writing the
People's Procuracy of the same level. Where the People's Procuracy of the same
level found that it should attend the meeting to consider and resolve the
protest, it must notify in writing the court. After the court sent written
notice of the date, time and place of the meeting that the People’s Procuracy’s
representative is absent, the court shall still proceed to consider and resolve
the protest according to the general procedures.
VI. ON SOME FORMS OF DOCUMENTS
Issued together
with this Resolution the following Forms of documents:
1. Decision to
open bankruptcy procedures (Form No.01).
2. Notice of
opening of bankruptcy procedures (Form No.02).
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4. Decision to
suspend implementation of the contract being in effect (Form No.04).
5. Decision to
recognize Resolution of the meeting of creditors on the plan for recovery of
business operations (Form No.05).
6. Decision to
suspend recovery procedures of business operations (Form No.06).
7. Decision to
open procedures of liquidation of assets (Form No.07).
8. Decision to
declare bankruptcy (Form No.08).
VII. EFFECT OF THE RESOLUTION
This Resolution
was passed by the Judges' Council of Supreme People's Court dated April 28,
2005 and takes effect after 15 days from it publication on the Official
Gazette.
The guidances of
the Supreme People's Court which are issued before the effective date of this
Resolution on the issues instructed in this Resolution are hereby annuled.
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FOR
JUDGES’ COUNCIL OF SUPREME PEOPLE’S COURT
CHIEF JUSTICE
Nguyen Van Hien