On June 18, 2019, the Council of Judges of the Supreme People’s Court issued Resolution No. 04/2019/NQ-HDTP on the process of selecting, publishing and applying precedents (“Resolution 04”).

Resolution 04 stipulates the new criteria for selecting precedents. In particular, precedents must be considered valuable in clarifying regulations which have different interpretations, analysis, explanation of legal issues, events, and indicating principles, ways of handling. Legislation needs to be applied in a specific case or presenting justice toward issues that are not specifically regulated by laws.

Depending on the specific case, Resolution 04 allows to quote the whole or part of the contents of the precedent to clarify the Court’s opinions in the adjudication and solve a similar case.

In accordance with Resolution 04, the new adoption time of precedents shall be applied. Precedents shall be studied and applied in adjudication after 30 days of publication instead of “after 45 days from the date of publication or recorded in the decision of public judgment” as regulated by Resolution No. 03/2015/NQ-HDTP dated October 28, 2015.

Furthermore, Resolution 04 regulates specific precedents which shall be ratified including:

  • Developed from legally enforceable judgments and decisions of the Court and consulted under guidance in Article 4 and Article 5 of Resolution 04;
  • Proposed by the Supreme People’s Court Judge;
  • Proposed by the Committee of Judges of the High-Court People’s Court;
  • To be selected by the Council of Judges of the Supreme People’s Court for trial of cassation review or re-trial.

In addition, the Resolution also provides for the proposal of judgment and decision to develop into precedent:

  • Individuals, agencies and organizations may send proposals for legally valid judgments and decisions of the courts containing arguments and rulings meeting the criteria guided in Article 2 of Resolution 04 / 2019 / NQ-HDTP for the Supreme People’s Court to consider and develop as a precedent.
  • The courts are responsible for organizing the review and to detect legally enforceable judgments and decisions of the courts which contain the arguments and judgments that meet the criteria guided in Article 2 of Resolution 04 and send them to the Supreme People’s Court for consideration and development of a precedent.

Resolution 04 comes into force on July 15, 2019 and laces Resolution 03.


DISCLAIMER

This LBN newsletter are NOT legal advice. Readers are advised to retain a qualified lawyer, should they wish to seek legal advice. VCI Legal are certainly among those and happy to be retained, yet VCI Legal is not to be hold responsible should any reader choose to interpret/apply the regulations after reading this LBN without engaging a qualified lawyer.