THE COUNCIL OF JUSTICES
THE SUPREME PEOPLE’S COURT
Resolution No. 03/2015/NQ-HDTP dated October 28, 2015 of the Supreme People’s Court on process for selecting, publishing and adopting precedents
Pursuant to the Law on organization of People’s Court No. 62/2014/QH13;
Pursuant to the Law on promulgation of legislative documents No. 17/2008/QH12;
Upon the consensus of the Chief Procurator of the Supreme People’s Procuracy and the Minister of Justice,
RESOLVES:
Article 1. Precedents and legal status of precedents
Precedents are arguments and rulings written on effective judgments or decisions (hereinafter referred to as judgment) of the courts that are selected by the Council of Justices of the Supreme People's Court and published by the Chief Justice of the Supreme People’s Court in order for other courts to study and adopt them when deciding later cases.
Article 2. Criteria for selecting precedents
Each precedent to be selected must satisfy all criteria below:
1. Containing arguments to clarify the provisions of the law which have differing interpretations, analyze and explain legal issues or events, and legal principles and guidelines to be followed in a specific situation;
2. Having normative value;
3. Ensuring the consistency of law in adjudication and the same settlement results from the two cases having the same facts or events.
Article 3. Checking and selecting judgments proposed to serve as precedents
1. The judgments proposed to serve as precedents (hereinafter referred to as proposed judgments) shall be checked and selected as follows:
a) The Chief Justice of People’s Court of each central-affiliated city or province (hereinafter referred to as province), each Chief Justice of Military Court of military zones and equivalent levels (hereinafter referred to as military zones) shall summary adjudication in practice to propose the issues that need to be
