News · Vietnamese Jurisprudence

Developing Jurisprudence to Ensure the Consistency in the Judicial Process

On 14 September 2016, in Ha Noi, the Supreme People’s Court organized a conference to seek public opinions on judgments which are suggested to become jurisprudences. Mr. Nguyen Hoa Binh, the Member of the Secretariat [of the Central Committee Communist Party of Vietnam], the Chief Justice of the Supreme People’s Court, chaired the conference. In… Continue reading Developing Jurisprudence to Ensure the Consistency in the Judicial Process

News · Vietnamese Jurisprudence

Application of Jurisprudence in Resolving Civil Disputes in the People’s Courts (Part One)

In the context of active reforms and integration, taking into account the meaning and significance of jurisprudence, the application of jurisprudence is an effective measure to increase the judicial capacity of Vietnamese courts, to ensure the consistency of legal application and to establish the stability, transparency and predictability among the courts’ judgments. In this paper,… Continue reading Application of Jurisprudence in Resolving Civil Disputes in the People’s Courts (Part One)

News · Vietnamese Jurisprudence

Release of Five Case Briefs for Civil Jurisprudence

It is to announce that we have released all five case briefs for jurisprudence concerning civil disputes: Jurisprudence no. 02/2016/AL Jurisprudence no. 03/2016/AL Jurisprudence no. 04/2016/AL Jurisprudence no. 05/2016/AL Jurisprudence no. 06/2016/AL We are always looking for ways to improve our services. If you have any comments on our project, please kindly reach us by email… Continue reading Release of Five Case Briefs for Civil Jurisprudence

News · Vietnamese Jurisprudence

Six Cassation Decisions to Become Jurisprudence

On 6 April 2016, the Council of Judges [of the Supreme People’s Court] selected six cassation decisions to become jurisprudence. On the same day, in his decision no. 220/QD-CA, the Chief Justice [of the Supreme People’s Court] officially declared these cassation decisions to be jurisprudence. The newly-adopted jurisprudence will take effect from 1 June 2016. The… Continue reading Six Cassation Decisions to Become Jurisprudence

News · Vietnamese Jurisprudence

Jurisprudence to Resolve Defects of Legislation

Since the implementation of judicial reform and the Vietnamese Constitution 2013, recognizing and applying jurisprudence have become extremely imperative. Jurisprudence is considered to supplement statutory law, and simultaneously, to effectively prevent irresponsibility in judicial process. Nevertheless, it is complicated to determine [which case shall become] jurisprudence. Denying the Role of Jurisprudence Is a Limitation of… Continue reading Jurisprudence to Resolve Defects of Legislation

News · Vietnamese Jurisprudence

Jurisprudence and Its Application

There are two kinds of jurisprudence, namely the binding jurisprudence and the non-binding jurisprudence. Kinds of Jurisprudence Binding jurisprudence requires judges to fully comply when deciding similar cases. This consists of explanatory jurisprudence and normative jurisprudence. Explanatory jurisprudence contains legal analysis in judicial decisions to clarify an ambiguous legal provision. For example: in a case,… Continue reading Jurisprudence and Its Application

News · Vietnamese Jurisprudence

Jurisprudence – Achievement in Judicial Reform

Implementing the Resolution no. 49-NQ/TW of the Political Bureau of the Central Committee Communist Party of Vietnam on judicial reform, the Supreme People’s Court has recently laid out a series of solutions and achieved some accomplishment. Noticeably, the Council of Judges has promulgated the Resolution [no. 03/2015/NQ-HDTP] in which it formally authorizes the application of… Continue reading Jurisprudence – Achievement in Judicial Reform

News · Vietnamese Jurisprudence

Go over Judicial Decisions to Have the Best Jurisprudence

Mr. Nguyen Hoa Binh, the Chief Justice of the Supreme People’s Court, insisted that the Court would promptly develop and apply jurisprudence. “Reality is always much more complicated than which the black-letter law can anticipate. Laws are amended or changed after 5 or 10 years while life changes every day. Jurisprudence is not unfamiliar to other countries,… Continue reading Go over Judicial Decisions to Have the Best Jurisprudence