|
Council of Justices
The Supreme People’s Court
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
|
|
No.
04/2019/NQ-HDTP
|
Hanoi, 18th of
June, 2019
|
RESOLUTION
On process for selecting, publishing and applying
precedents
COUNCIL OF JUSTICES OF THE
SUPREME PEOPLE’S COURT
Pursuant to the Law on organization of People’s
Court dated November 24th, 2014;
Pursuant to the Law on promulgation of
legislative documents dated June 22, 2015;
Upon the consensus of the Chief Procurator of
People's Procuracy and the Minister of Justice,
HEREBY RESOLVES:
Article 1. Precedents
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2. Criteria for selecting
precedents
The precedents to be selected must satisfy all the
criteria below:
1. 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;
2. Having normative value;
3. Ensuring the consistency of
law in adjudication.
Article 3. Proposing judgments
to be developed into precedents
1. Individuals, agencies and
organizations can send legally effective judgments of the Court containing the
arguments and/or rulings that satisfy the criteria specified in Article 2 of
this Resolution to the Supreme People’s Court for consideration and developing
into precedents.
2. Courts must review
and find their legally effective judgments containing the arguments and/or
rulings that satisfy the criteria specified in Article 2 of this Resolution and
send them to the Supreme People’s Court for consideration and developing into
precedents.
Article 4. Seeking consultation
on judgments developed into precedents
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The consultation shall be sent to the Supreme
People’s Court. The consultation period is 30 days from the date of the upload.
2. 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.
Article 5. Precedent Advisory
Board
1. 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.
2. 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.
3. 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.
Article 6. Ratification of
precedents
1. The Chief Justice of the
Supreme People’s Court shall hold a general meeting of Council of Justices of
Supreme People’s Court to discuss and vote on ratification of precedents.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) 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 this Resolution;
b) It is proposed by the Justices of the Supreme
People’s Court;
c) It is proposed by the Boards of Justices of the
Superior People’s Courts;
d) It is selected by the Council of Justices of the
Supreme People’s Court during reopening procedure and cassation procedure.
3. A meeting of the Council of
Justices of the Supreme People's Court is considered valid when it is attended
by at least two-third of members of the Council of Justices; a decision of the
Council of Justices of the Supreme People's Court is ratified when it is voted
for by more than half of the participating members.
4. The voting result of
precedent ratification shall be recorded in the meeting minutes of the Council
of Justices and served as the basis for the Chief Justice of the Supreme
People’s Court to publish precedents.
Article 7. Publication of precedents
1. 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.
2. A published precedent must
contain:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Number, name of the judgment of the court
proposed to be developed into precedent;
c) Legal cases and solutions in the precedent;
d) Provisions of the law relating the precedent;
dd) Keywords of legal cases and solutions in the
precedent;
e) Details of the case and ruling of the Court
relating the precedent;
g) Contents of the precedent.
3. 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.
Article 8. Applying precedents
in adjudication
1. Each precedent shall be
studied and applied in adjudication after 30 days from the date on which it is
published.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. 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.
Article 9. Annulment of
precedents
1. Precedents will be annulled
if they are no longer suitable due to the changes of the lawsoft.
2. The Council of Justices of
Supreme People’s Court will consider and decide on the annulment of precedent
when:
a) The precedent is no longer suitable due to other
changes;
b) The judgment on which the precedent is based has
been annulled, entirely amended or only the section related to the precedent of
the judgment is amended.
Article 10. Precedent
annulling procedure
1. Individuals, agencies,
organizations and Courts must propose the Supreme People’s Court to consider
the annulment of precedent upon discovering a precedent which falls into any of
the provisions specified in Clause 2 Article 9 of this Resolution.
2. The Court who has annulled
or amended the judgment specified in Point b Clause 2 Article 9 of this
Resolution must send a report together with the decision to annul or amend the
judgment to the Supreme People’s Court for consideration of annulment of
precedent within 05 working days from the day in which the decision is made.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Council of Justices of the Supreme People’s
Court shall vote on the annulment of precedent according to guidelines
specified in Clause 3 Article 6 of this Resolution.
Based on the voting results of the Council of
Justices of the Supreme People’s Court, the Chief Justice of Supreme People’s
Court shall declare the annulment of precedent and specify the date on which
the precedent is annulled. The precedent annulment declaration shall be
uploaded on the website of the Supreme People’s Court; sent to Courts, units
affiliated to the Supreme People’s Court.
Article 11. Forms
Issued together with this Resolution are:
1. Form 01-AL The meeting
minutes of selection and ratification of precedents;
2. Form 02-AL Decision on
publication of the precedents;
3. Form 03-AL Announcement
about annulment of precedents.
Article 12. Entry into force
1. This Resolution has been
approved by the Council of Justices of the Supreme People’s Court on 23rd
of May, 2019 and will come into force from July 15, 2019.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Assign the Department of
Legislative and Science management to be the standing consultants assisting the
Chief Justice of the Supreme People’s Court, the Council of Justices of the
Supreme People’s Court in inspecting, selecting, publishing and applying
precedent.
4. Difficulties that arise
during the implementation of this Resolution should be reported to the Supreme
People’s Court for consideration.
PP. Council of Justices
Chief Justice
Nguyen Hoa Binh
Form
01-AL
(Issued together
with Resolution No. 04/2019/NQ-HDTP dated June 18, 2019 of
the Council of Justices of Supreme People’s Court)
COUNCIL OF
JUSTICES
THE SUPREME PEOPLE’S COURT
--------
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Hanoi ,
day………month..…, year 20…
Meeting
Minutes
Selection and ratification
of precedents
- Pursuant to Article 22 of
the Law on organization of People’s Court dated November 24th, 2014;
- Pursuant to Resolution
No.04/2019/NQ-HDTP dated June 18, 2019 of the Council of Justices of Supreme
People’s Court on the process for selecting, publishing and applying precedents.
Date…..Month…..year……(1) the Council of
Justices of the Supreme People’s Court holds a meeting to select and ratify
precedents.
The meeting composition:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Chaired by:
………………………………………………………………………………….
- Recorder:
………………………………………………………………………..
II. Meeting contents: (3)
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
III. Precedent ratification vote results: (4)
After discussion, the Council of Justices has voted
and the results are as follows:
- The number of members
voting for the precedents:…………………………………………………..
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Other opinions:
………………………………………………………………………………………….
The meeting concluded at …….h……,
day……..month…….year………
chaired by
RECORDER
___________________
(1) Specify the date on which the
Council of Justices of Supreme People’s Court holds the meeting.
(2) Specify the number of members of the
Council of Justices of Supreme People’s Court joining the meeting.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
(4) Record the vote results of each
precedent.
Form
02-AL
(Issued together
with Resolution No. 04/2019/NQ-HDTP dated June 18, 2019 of
the Council of Justices of Supreme People’s Court)
Supreme People’s Court
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
No.
: /QD-CA
Hanoi ,
day………month..…, year 20…
Decision
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Chief Justice of the Supreme People’s
Court
- Pursuant to Article 27 of
the Law on organization of People’s Court dated November 24th, 2014;
- Pursuant to Resolution
No.04/2019/NQ-HDTP dated June 18, 2019 of the Council of Justices of Supreme
People’s Court on the process for selecting, publishing and applying precedents;
- Based on the selection,
vote results to ratify the precedent of the Council of Justices of the Supreme
People’s Court on day…….month…..year……,
HEREBY DECIDES
Article 1. Declare ……(1)
precedent(s) have been ratified by the Council of Justices of the
Supreme People’s Court (attached precedents).
Article 2. The People’s Courts and
Military Courts must study and apply the precedents in adjudication from
……………..(2)
Article 3. This Decision comes into effect
from the day of signing.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Chief Justice
________________
(1) Specify the number of ratified
precedents.
(2) To be determined as specified
in Clause 1 Article 8 of the Resolution.
Form
03-AL
(Issued together
with Resolution No. 04/2019/NQ-HDTP dated June 18, 2019 of
the Council of Justices of Supreme People’s Court)
Supreme People’s Court
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Hanoi ,
date………month..…, year 20…
announcement
On precedent annulment
THE CHIEF JUSTICE
OF THE SUPREME PEOPLE’S COURT
- Pursuant to Article 27 of
the Law on organization of People’s Court dated November 24th, 2014;
- Pursuant to Resolution
No.04/2019/NQ-HDTP dated June 18, 2019 of the Council of Justices of Supreme
People’s Court on the process for selecting, publishing and applying precedents;
- Based on the discussion,
vote results to annul the precedent of the Council of Justices of the Supreme
People’s Court on day…….month…..year……,
Hereby announces:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
............................................................................................................................................
............................................................................................................................................
II. The precedent(s) will be annulled from
day….month…..year…..
THE CHIEF
JUSTICE
___________________
(1) Specify the number and name of
the annulled precedent(s).
