Application of Case Law in Vietnam

Legal Basis of Vietnam's Case Law System

Vietnam's case law system was formally established by Resolution No. 03/2015/NQ-HĐTP dated October 28, 2015, of the Council of Judges of the Supreme People's Court (replaced by Resolution No. 04/2019/NQ-HĐTP). This marked a watershed moment in Vietnamese judicial history, signaling a shift from a purely codified legal system (civil law) to a hybrid model incorporating case law elements.

Under Article 1 of Resolution 04/2019/NQ-HĐTP, case law is defined as "arguments and decisions in legally effective judgments and rulings of Courts regarding specific cases, selected by the Council of Judges of the Supreme People's Court and published by the Chief Justice as case law for courts to study and apply in adjudication."

Case Law Selection and Publication Process

Selection Criteria

Under Article 2 of Resolution 04/2019/NQ-HĐTP, selected case law must satisfy:

  1. Contains arguments and decisions resolving legal issues where the law lacks specific provisions or where different interpretations exist
  2. Exemplary quality: Arguments must be logical, persuasive, and consistent with social ethics
  3. Guiding value: Applicable to similar cases

Publication Process

The process involves five main steps: 1. Review and identification of judgments with case law value 2. Expert consultation 3. Case Law Advisory Council review 4. Council of Judges of the Supreme People's Court vote for approval 5. Chief Justice signs the publication decision

Status of Case Law in Vietnam Through 2026

As of March 2026, the Supreme People's Court has published over 85 case laws, distributed as follows:

  • Civil: Approximately 35 case laws (41%), focusing on contract disputes, property rights, inheritance
  • Criminal: Approximately 20 case laws (24%), on criminal charges and sentencing
  • Commercial: Approximately 15 case laws (18%), on commercial contract disputes, bankruptcy
  • Administrative: Approximately 10 case laws (12%), on administrative decision appeals
  • Labor: Approximately 5 case laws (5%), on labor disputes

Analysis of Key Case Laws

Civil Case Laws

Case Law No. 04/2016/AL: Land Use Rights Transfer Contract with Form Defects

This is the most frequently cited case law in practice. Core content: Land use rights transfer contracts that fail to comply with mandatory form requirements (notarization/authentication) but where parties have performed at least two-thirds of their obligations may be recognized by courts.

Practical significance: This case law addresses an extremely common situation in Vietnam, particularly in rural areas where land transactions are often conducted through handwritten agreements. It balances formal legal requirements with transactional reality.

Case Law No. 26/2018/AL: Determining Adjacent Land Boundaries

Content: When evidence to determine boundaries between adjacent plots is unavailable, courts rely on actual boundaries that parties recognized during long-term land use.

Case Law No. 52/2022/AL: Compensation Liability for Causing Damage

Establishes the principle: The party causing damage must compensate for all actual damages, including provable indirect damages.

Criminal Case Laws

Case Law No. 01/2016/AL: Murder in a State of Intense Mental Agitation

Established criteria distinguishing between "Murder" (Article 123, 2015 Criminal Code) and "Murder in a state of intense mental agitation" (Article 125, 2015 Criminal Code).

Case Law No. 47/2021/AL: Determining Criminal Acts in Drug Cases

Provided specific guidance on charge determination when the perpetrator engaged in drug trafficking but was caught before completing the transaction.

Case Law Citation in Practice

Citation Rates

Based on practical surveys, case law citation rates at Vietnamese courts remain low:

  • District People's Courts: Approximately 5-8% of judgments cite case law
  • Provincial People's Courts: Approximately 12-15%
  • High Courts: Approximately 20-25%
  • Supreme People's Court: Approximately 30-35%

Reasons for Low Citation Rates

  1. Codified law tradition: Vietnamese judges are accustomed to applying specific legal provisions and lack the habit of citing case law
  2. Insufficient training: Judicial training programs have not adequately emphasized case law research and citation skills
  3. Access difficulties: The case law search system is not sufficiently user-friendly
  4. Unclear binding nature: Resolution 04/2019 requires courts to "study and apply" case law but does not specify legal consequences for non-application

Legal Value of Case Law

Under Article 8 of Resolution 04/2019/NQ-HĐTP:

  • Judges must study and apply case law during adjudication
  • If not applying a case law, judges must clearly state reasons in the judgment
  • Case law may be abolished or replaced when no longer appropriate

This creates "soft binding force"—case law is not absolutely binding as in common law systems, but judges must explain deviations.

The Lawyer's Role in the Case Law System

Case Law Citation Skills

Lawyers need to develop skills in:

  1. Identifying analogous legal situations: Comparing core elements of the current case with the case law scenario
  2. Distinguishing: When case law is unfavorable, highlighting differences between the current case and the precedent
  3. Arguing for broader or narrower application: Persuading the court to apply case law principles in ways favorable to the client

Proposing New Case Law

Lawyers can play an active role in developing the case law system by proposing judgments with case law value to the Supreme People's Court for consideration, following the process in Article 3 of Resolution 04/2019.

Comparison with International Case Law Systems

Versus Common Law (UK, US, Australia)

  • Binding degree: Vietnamese case law has "mandatory reference" status, different from stare decisis in common law
  • Quantity: Vietnam's system is highly selective (85+ case laws), while common law has millions of precedents
  • Publishing authority: Only the Supreme People's Court can publish, unlike common law where any judgment may become precedent

Versus Civil Law (France, Germany, Japan)

Vietnam's case law system is closer to the Japanese and Korean models, where case law supplements codified law rather than replacing it.

Development Trends

  1. Increasing case law quantity: The Supreme People's Court plans to publish 15-20 new case laws annually
  2. Digitizing the system: Building an online database with intelligent search tools
  3. Judicial training: Strengthening training programs on case law research and application
  4. International cooperation: Learning from developed legal systems

Conclusion

Vietnam's case law system, after over 10 years of development, has achieved significant milestones, contributing to legal application uniformity and improved adjudication quality. However, maximizing the system's effectiveness requires coordinated efforts from courts, lawyers, and academia in researching, citing, and developing case law.