Announcement of 20 Precedents in 2025
On 13/10/2025, The Supreme People’s Court announced the first 20 precedent’s drafts in 2025.
These precedent’s drafts include 06 precedents on Criminal Issues, 02 precedents on Administrative Issues and 12 precedents on Civil/Marriage & Family/Commercial/Civil Procedural Issues. To be specific:
| Ref No. | Sector | Source | Circumstances | Legal Solution |
| 01/2025 | Criminal | First-instance Criminal Judgement No. 62/2023/HS-ST dated 18/08/2023 of the People’s Court of Quang Ngai Province on the case of “Murder” against the defendant Nguyen Chi T, Phung The H. | The defendant incited a person under 18 years old to commit a crime. At the time of crime, the defendant is a person under 18 years old | In this case, the Court does not apply the aggravating factor of “inciting person under 18 years old to commit crime” to the defendant |
| 02/2025 | Criminal | Judgment No. 55/2023/HS-ST dated 08/11/2023 of the People Court of Van Chan Ward, Yen Bai Province on the case of “Robbery” against the defendant, Hoang Dinh D | The defendant and the victim partake in gambling and the defendant lose. The defendant committed act of robberies for the amount the victim won from the defendant | In this case, the Court shall determine that the amount robbed from the victim is the victim’s asset. However, such asset is obtained from illegal activities, therefore, it shall be confiscated and added to the state budget |
| 03/2025 | Criminal | Cassation Decision No. 16/2024/HS-GDT dated 17/06/2024 of the Council of Judges of the Supreme People’s Court on the case of “Organization of Illegal entry into Vietnam” against the defendant, Tran Van B | The defendant uses common property of spouses as a means to commit crime. | In this case, the Court shall determine that the property is the means used to commit crime and must be confiscated and added to the state budget. |
| 04/2025 | Criminal | First-instance criminal judgment No. 401/2018/HSST dated 31/10/2018 of the People’s Court of Ho Chi Minh on the case of “Fraudulent Appropriation” | The defendant faked being an employee of a telecommunication service company, use falsified invoice and document to collect telecommunication service fee from multiple clients and swindled the money. Through investigation, the agencies only manage to obtain some valid testimony from the victims and prove the money | In this case, the Court determine that the defendant shall be criminally responsible for the amount swindled from the victim whose has given valid testimony. |
| 05/2025 | Criminal | Cassation decision No. 08/2024/HS-GDT dated 29/01/2024 of the Supreme People’s Court on the case of “Falsification of agencies, organizations’ documents” against the defendant, Luong Bich C. | A person sentenced to determinate imprisonment and have served a portion of the sentence in accordance with an effective judgment of the Court, afterward, that person is pardoned by the President and granted early release from prison. After the convicted person is pardoned, the competent person issued a protest decision that request for the cassation trial against this judgment and the Court conducted a cassation trial, which result in the repeal of the judgment and the assignment for the retrial that would deliver a more aggravating sentence for the convicted person. The case was retried and the judgment rules that the convicted shall face a more aggravating sentence. However, that judgment was once again protested for cassation trial by the competent person. | In this case, the Court shall determine that the convicted person has been exempted from serving the sentence under the State’s policy on mercy and humanitarian through the pardon decision on the early release from prison of the President and maintain the previous judgment which the convicted person has served. |
| 06/2025 | Criminal | Cassation decision No. 02/2022/HS-GDT dated No. 08/08/2022 of the Central Military Court on the case of “Fraudulent Appropriation” | At the time when the Prime Minister announced the outbreak of Covid-19 Pandemic, which is categorized as Group A transmissible disease, on the scale of the whole nation, the defendant, despite not in possession of medical asks, provided information of having medical masks available for sale to the victims, which cause the latter to trust and transfer the money to make purchase. The defendant swindled those money from the victims. | In this case, the Court shall determine that the criminal conducts of the defendant do not constitute the defector “The offender takes advantage of a natural disaster or epidemic to commit the offence” specified in Article 174.3.(c) of the Criminal Code on the crime of “Fraudulent Appropriation” |
| 07/2025 | Marriage & Family/ Civil Procedure | The first-instance marriage & family Judgment No. 40/2024/DS-ST dated 25/04/2024 of the People’s Court of Rach Gia City, Kien Giang Province on the case of “Dispute on divorce and child custody” between the plaintiff, Cao Thanh P, and the defendant, Le Thi Hong N. | In a marriage & family case, the husband /wife requested for divorce and hand over the custody of the common child, who is a minor of 7 years of age or above, to the husband/wife who has been in charge of the childcare. Throughout the resolution of the case, the parent who has been directly in charge of the child is absence without providing any reason. The Court could not obtain the testimony of the concerned child, so the child’s wish is also not determined. However, there are basis to believe that the child, who is currently living with the parent who has been directly in charge of the child, have his/her benefits ensured in all aspects. | In this case, the Court give the custody of the common child of 7 years of age or above to the person who has been directly in charge of the childcare |
| 08/2025 | Civil | Appellate Trial No. 73/2023/DS-PT dated 26/08/2023 of the People’s Court of Quang Nam Province on the case of “Motor Insurance Contract Dispute” between the plaintiff, Vuong Ngoc A, the defendant, H Insurance Joint Stock Company, and the person with related rights and obligations, Vu Hoang U. | The Motor Insurance Contract Dispute is legal under laws. The insurance event that damaged the motor is evaluated by the inspection agencies as being caused by human. The competent state body have yet to give any conclusion about who is the person responsible for the damage. | In this case, the Court shall determine that the insurance enterprise shall compensate the insured for the damage. However, the enterprise’s rights to request for the return of the compensated amount or the rights to transfer such rights in the event that the insured or a third party is responsible for the damage shall be reserved. |
| 09/2025 | Marriage & Family | Cassation Decision No. 06/2024/DS-GDT dated 22/04/2024 of the Judge’s Committee of the High People’s Court of Ho Chi Minh City on the civil petition for “Cessation of Adoption” between the petitioner, Ngo Thanh M, Cao Thi G, and the person with related rights and obligations, Ngo Phat T | The biological parents of the adopted child request the Court to cease the adoption of the child upon the death of adoptive parents when the adopted child is still a minor | In this case, the Court shall accept the request of the biological parents of the adopted child and declare the cessation of adoption between the adoptive parents and the adopted child. |
| 10/2025 | Civil | Cassation Decision No. 229/2023/DS-GDT dated 15/09/2023, of the Judge’s Committee of the People’s High Court of Ho Chi Minh on the case of “Dispute on request for the termination of land use right gifting contract” between the plaintiff, Vo Thi B, and the defendant, Tran Minh T, with two persons with related rights and obligations. | The parents gift their child with land use rights under the condition that the child must take care of the parents for the rest of their life. Subsequent to the death of the father, the mother and the child agree that the child shall give the mother a sum so that the mother could move to live together with another child for the rest of her life. | In this case, the Court shall determine that the conditions of the gifting contract have been fulfilled, and the land use right gifting contract is legally valid. |
| 11/2025 | Civil Procedure | Appellate Civil Judgment No. 64/2024/DS-PT dated 03/06/2024 of the People’s Court of Quang Nam Province on the case of “Insurance Contract Dispute” between the plaintiff, Luong Van H, and the Defendant, B Insurance Joint Stock Company | Some insurance companies often sign principle contracts for insurance contracts, in which, the insurance companies together with local insurance service providers shall coordinate and designate that each company shall be the leading company at certain areas. The leading company of the area have the obligations to enter into insurance contracts with the insurance purchaser, and pay the compensation upon the occurrence of insurance event. However, the leading company could request other insurance company to contribute to the compensation in proportion to the insurance ratio as agreed in the contract. In this case, the insurance contract dispute involves the leading company and the insurance purchaser. | In this case, when resolving disputes involving insurance contracts, the Court only need to include the leading company, who has entered into the contract with the insurance purchaser, into the proceeding as the person with related rights and obligations, without further need to include other insurance companies. |
| 12/2025 | Civil/ Commercial | Appellate Civil Judgment No. 25/2023/DS-PT dated 26/04/2023 of the People’s Court of Quang Ninh province on the case of “Credit Contract Dispute” between the plaintiff, V Joint Stock Bank, and the defendant, Dam Thu H | Credit contract specifies that the penalty for belated interest payment shall be based on the term interest and the overdue interest. The lessee failed to fulfill her payment obligation. The bank file a lawsuit, requesting the Court to force the lessee to pay the principal, the term interest, the overdue interest, and penalty for belated interest payment (which include interest on the term interest and interest on the overdue interest) | In this case, the Court does not accept the claim for compound interest |
| 13/2025 | Civil/ Commercial | Cassation Decision No. 23/2024/KDTM-GDT dated 21/08/2024 of the Judge’s Committee of the High People’s Court of Ho Chi Minh City on the case of “Credit Contract Dispute” between the plaintiff, D Joint Stock Bank, and the defendant, Nguyen Thi T, Director of the sole proprietorship H; the person with related rights and obligations is Mr. Le Van L | The credit institution entered into a credit contract with the client (lessee). By the due date, the lessee failed to fulfill its payment obligations, the parties then proceed to sign minutes of debt confirmation. The credit institution filed a lawsuit demanding the payment of the principal and interest by the lessee | In this case, the Court shall determine that the statute of limitation shall be restarted from the day on which the parties sign the minutes of debt confirmation. |
| 14/2025 | Civil/ Commercial | Cassation Decision No. 15/2024/KDTM-GDT dated 17/07/2024 of the Council of Judges of the Supreme People’s Court on the case of “Credit Contract Dispute” between the plaintiff, B Commercial Joint Stock Bank, and the defendant, S Co., Ltd; there are also 4 people with related interests and obligations | The mortgagor enters into a mortgage contract with the Bank to ensure the borrower’s debt repayment obligations, in which, the mortgagor agree to use all of the mortgaged asset to guarantee all obligations under the concluded credit contract between the Bank and the borrower to the greatest extent possible with the value of the mortgaged asset. Subsequently, the Bank and the borrower continue to enter into another credit contract. | In this case, the Court shall determine the mortgaged asset shall also be used to guarantee the debt repayment obligations under the credit contract concluded subsequent to the conclusion of the mortgage contract. |
| 15/2025 | Civil Procedure | Retrial Decision No. 05/2022/KDTM-TT dated 25/02/2022 of the Supreme People’s Court of Hanoi on the case of “Credit contract dispute” between the plaintiff, Q Commercial Joint Stock Bank, and the defendant, T Co., Ltd. | The credit contract dispute between the plaintiff (institution) and the defendant (enterprise) has been resolved through the Court’s effective judgment and decision. Subsequently, the investigation agency charges the legal representative of the defendant for the appropriation of the plaintiff’s property in relation to the credit contract and request the competent authorities to consider the protest for retrial against the above judgment, decision. | In this case, the Court shall determine that the charge placed on the legal representative of the defendant by the investigation agency is a new detail that serve as a basis to protest against the judgment, decision resolving the dispute between the parties for retrial. |
| 16/2025 | Civil/ Commercial | Cassation Decision No. 30/2023/KDTM-GDT dated 29/12/2023 of the Committee of Judge of the Supreme People’s Court of Hanoi on the case of “Credit contract dispute” between the plaintiff, A Commercial Joint Stock Company, and the defendant, H Marine Join Stock Company, with D Shipbuilding Joint Stock Company as the person with related rights and obligations | The credit institution entered into the credit contract and mortgage contract with a client (borrower), the collateral is a marine ship. Parties also agree that a third party shall implement repair, upgrade, change to name and serial number to enhance the value of the collateral. The borrow enter into a contract with the third party to implement the above task. Subsequently, the two parties enter into an addendum to amend and supplement the initial contract and the mortgage contract that involve the upgraded marine ship. The defendant (borrower) breaches his obligations under the credit contract, the plaintiff (credit institution) requests the seizure of collateral. The person with related rights and obligations request for the payment of cost incurred for the repair and upgrade of the ship. | In this case, the Court shall determine the payment priority when addressing the collateral, accordingly, the payment to the third party (person with related rights and obligations) should be prioritized to ensure the benefits of the employee and the tax obligation toward the state. |
| 17/2025 | Civil/ Commercial | Cassation Decision No. 16/2020/KDTM-GDT dated 15/09/2020 of the Council of Judges of the Supreme People’s Court on the case of “Credit contract dispute and damage compensation claim regarding collateral” between the plaintiff, N Bank and the defendant, T Co., Ltd; with Mai Xuan L as the person with related rights and obligations. | The Bank (the lender, mortgagee) entered into a credit contract that involve a mortgage agreement to ensure the payment obligation toward the Bank. As the client fails to make due payment, the Bank unilaterally sells the mortgaged asset without notifying the client within the agreed time, thus causing damage to the client. | In this case, the Court shall determine that the Bank shall pay the compensation based on the value of the asset at the time of litigation. |
| 18/2025 | Marriage & Family/ Civil Procedure | First-instance Marriage & Family Judgment No. 34/2023/HNGD-ST dated 08/06/2023 of the People’s Court of Long My Commune, Hau Giang Province on the case of “Dispute regarding divorce and child custody” | In this dispute regarding marriage & family, the involved parties authorize other people to participate in the litigation for dispute on child custody | In this case, the Court does not accept the involve persons’ authorization of other people to participate in the litigation for dispute on child custody |
| 19/2025 | Administrative | Cassation Decision No. 09/2023/HC-GDT dated 13/04/2023 on the case of “Petition against administrative decision or actions in the field of land management and request for damage compensation” of the Council of Judges of the Supreme People’s Court between the petitioner, Nguyen Duc H, and the respondent, the Chairman of the People’s Committee of Phu Tho province, and People’s Committee of Tam Nong Commune, Pho Tho Province, with 02 persons with related rights and obligations | The concerned land portion is the headquarter of a governmental body, on the land exist properties that include house and auxiliary structure. The houses and auxiliary structure were sold by that governmental body under property liquidation to other individual, parties did not enter into land use right transfer agreement. The buyer of the liquidated property used it as a place of residence. Throughout the use of properties, the buyer has renovated the property and create more property on the land. Subsequently, the government revoke the above land. | In this case, the Court shall determine that, even though the buyer of the liquidated property is not qualified for compensation related to land, the buyer shall be considered for compensation and support regarding the assets on the revoked land. |
| 20/2025 | Administrative | Cassation Trial No. 10/2024/HC-GDT dated 16/04/2024 of the Council of Judges of the Supreme People’s Court on the administrative case of “Petition against administrative decision in the field of land management” between the petitioner, Tran Ngoc T, and the respondent, People’s Committee of G Commune, Quang Tri Province, Land Registration Office of Quang Tri Province; there are also 7 persons with related rights and obligations | Due to mistake regarding the procedures for the issuance of land use right certificate. The competent People’s Committee has issued a land use right certificate in which the concerned land overlap with the adjacent land, however, a land use right certificate had already been issued to a land user for that land. Subsequently, the user with the incorrectly issued land use right certificate transfers the land use right to a third party, and a land use right certificate was issued to the third party. The user of the adjacent land file an administrative case with the Court, requesting the cancellation of the land use right certificate issued to the third party. | In this case, the Court shall determine that the land use right certificate is an administrative decision; accordingly, the Court has the authority to review the legality of administrative decision, declare the cancellation of a portion or the entire illegal administrative decision. |
In the near future, CNC shall provide readers with detailed analysis of each precedent mentioned above in upcoming articles.
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