Launching the Website on Precedents in Vietnam

On October 19, 2016, in Hanoi, the People’s Supreme Court (PSC) launched the website on precedents and promulgated decisions of the people's supreme court tribunal president on recognition of the effective precedents in the legal process in Vietnam.

Last year, the Council of Judges of the PSC issued Resolution No. 03 / NQ-Judicial dated October 28, 2015, which provides guidance on selection, publication and application of precedents.

From April 6, 2016, six previous legal cases have been established by the PSC for a particular type of case, thereafter all lower courts should referred to in deciding similar cases. However, we are of opinion that the SPC should build precedents rather than select the previous cases to recognize as precedents. As a result, a precedent must be a principle or rule established in a previous legal case to interpret complicate acts that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

However, this is positive changes in the judicial reform in Vietnam; to ensure or safeguard the consistent application of the law in the trial; create stability and transparency in the judgments of the courts.

For further Information on the precedents, please visit the website: toaan.gov.vn 

Pham & Associates is a largest local intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn