+84 274 3811 766

Announcing the verdict, decision on the Vietnam Supreme People's Court Portal

The Supreme People's Court of Vietnam issued Resolution No. 03/2017/NQ-HDTP, announcing the judgment and decision on its Portal, effective from July 1, 2017.
The pronouncement of the judgment or decision must comply with the provisions of law on national security, state secrets, fine customs and practices, investigative secrets, work secrets, professional secrets, business secret; Protect personal privacy and secrets, family secrets, protect people under the age of 18; To respect the legitimate rights and interests of agencies, organizations and individuals.

The judgments or decisions published on the Supreme People's Court Portal may not be used for illegal purposes.

The verdict, decision is announced
The judgments and decisions made public include First-instance judgments, which have not been appealed; Appellate judgment; Decisions on cassation and reopening procedures for the settlement of criminal, administrative, civil, marriage and family, business, commercial and labor cases.
Decisions on the settlement of civil matters shall take legal effect, the cassation review decision, the decision on reopening the civil case.
Decisions declaring bankruptcy of enterprises or cooperatives; Decision on the settlement of the petition or protest against the decision to declare bankruptcy of the enterprise or cooperative.
The decision on the application of administrative remedies in the People's Courts has taken legal effect; Decisions on the settlement of complaints, petitions or protests against court decisions on the application of administrative handling measures.

Unpublished judgment or decision
Non-disclosure judgments and decisions include:
1- The judgment, decision on the case is closed by the Court.
2- The judgment or decision on the case shall be adjudicated or settled by the Court but shall fall into one of the following cases:
A / Containing contents on the list of State secrets according to the Government's regulations or containing contents not yet publicized by the State and, if disclosed, cause harm to the Socialist Republic of Vietnam.
B- Contains information on financial investment activities, know-how, and technology which have not yet been disclosed, can be used and create advantages in business but in the course of the Court's trial and settlement. In the case, participants in the proceedings have requested to be kept confidential.
C- Contains contents that adversely affect well-known cultural traditions, customs, and practices, which are widely recognized and widely applied in a region, ethnic group or population community.
D- There are people participating in the proceedings who are under 18 years old.
DD- Contains content related to personal secrets, family secrets that have not been coded according to instructions.
3- Court judgments and decisions have not yet taken legal effect.

The resolution stated that, when disseminating the rights and obligations of persons participating in legal proceedings during the process of hearing or settling cases falling under the competence of the courts, the presiding judge of the court session, the meeting must explain to the participants about the judgments and decisions published on the Court's Portal and their rights to request the Court not to disclose contents relating to personal, family, and business secrets.

The presiding judge of the court session is responsible for the coding, digitizing and publicizing the verdict and decision on the Court's Portal as regulation.
Within 30 days from the date the judgment or decision of full effect, the judgment or decision must be announced on the Court's portal.

Website of the Supreme People's Court Portal: https://congbobanan.toaan.gov.vn/
Source: http://www.daibieunhandan.vn/default.aspx?tabid=81&NewsId=387740

 

Map