Vietnam puts legal precedents into practice

A resides abroad. She sends money back to Vietnam to buy a house under the name of B. After a while, the value of the house increased. The two argued over who owned the increased value.

"The judge reviewed the contribution of B and decided how much he should receive. However, this was very subjective because this was not regulated by Vietnamese laws." - VU TIEN VINH, Lawyer, Deputy Director, Vietnam Bar Federation.

This was a case in the southern province of Sóc Trăng in 2010. The Supreme People’s Court calculated the contributions of B made in preserving and maintaining the house. As this couldn’t be done, the court decided that contribution by B equalled that of A and proposed splitting the increased value. This was considered a standard case which was selected as setting legal precedent.

"A legal precedent is a case which was solved objectively in accordance with laws. The Supreme People’s Court selected cases like this as references for lower level courts." - VU TIEN VINH, Lawyer, Deputy Director, Vietnam Bar Federation.

This is the first time that the Supreme People’s Court has used case law as precedent. Six precedents were announced in April.

"This is a new improvement. It ensures unity, objectivity and sets standards for the judiciary. This can avoid the situation where 2 similar cases are solved differently." - NGUYEN HUY THIEP, Lawyer, National Lawyer Council, Chairman, Lawyer Rights Protection Committee

The six recently announced precedents took effect from June. There might be more precedents in the future. The interpretation and use of precedents may be subject to change.