Did you know that precedent can decisively alter the outcome of a lawsuit? As of today, Vietnam has officially recognized 72 precedents, which serve as critical judicial “beacons” for courts, businesses, and individuals involved in adjudicatory processes.
In this article, BLawyers Vietnam provides a comprehensive compilation of all 72 officially published precedents, intended to assist readers in legal research, reference, and application of precedent law in practice.
A. What is a precedent?
Precedent is a significant concept in the modern Vietnamese legal framework. According to Article 1 of Resolution No. 04/2019/NQ-HDTP of the Council of Judges of the Supreme People’s Court of Vietnam, a precedent is defined as follows: “A precedent means arguments and rulings in a legally effective judgment or decision (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 apply them when deciding later cases.”
Over recent years, Vietnam’s precedent system has progressively developed into a crucial mechanism to ensure consistency and predictability in judicial decisions. As of October 2025, the Supreme People’s Court of Vietnam has officially released 72 precedents, covering various branches of law including civil, criminal, commercial, administrative, and labor law.
B. List of officially published precedents
1. Precedent No. 01/2016/AL Determination of the offence in cases of intentional infliction of bodily harm resulting in death, and the distinction between this offence and the crime of “murder”.
- Keywords: “Murder”; “Intentional infliction of bodily harm”; “Causing injury to another’s health”; “Offences against life and bodily integrity”; “Hiring another person to inflict bodily harm”.
- Adopted on: 06 April 2016
- Effective from: 23 May 2016
2. Precedent No. 02/2016/AL Dispute over ownership of property consisting of gold and cash.
- Keywords: “Invalid civil transaction”; “Claim for recovery of property”; “Legal grounds for establishing ownership rights”; “Establishment of ownership over profits and yields”; “Overseas Vietnamese”.
- Adopted on: 6 April 2016
- Effective from: 25 May 2016
3. Precedent No. 03/2016/AL Property dispute in divorce proceedings concerning land gifted by parents to their married child.
- Keywords: “Divorce”; “Common property of husband and wife”; “Gift of property”; “Legal grounds for establishing ownership rights”; “Establishment of ownership by agreement”.
- Adopted on: 6 April 2016
- Effective from: 25 May 2016
4. Precedent No. 04/2016/AL Dispute over a land use right transfer contract.
- Keywords: “Contractual dispute over the transfer of land use rights”; “Disposition of marital common property”; “Ownership established by mutual agreement”.
- Adopted on: 6 April 2016
- Effective from: 25 May 2016
5. Precedent No. 05/2016/AL Dispute over inheritance rights among family members following the death of parents..
- Keywords: “Statement of claim”; “Counterclaim”; “Contribution to the management and preservation of inherited property”.
- Adopted on: 6 April 2016
- Effective from: 25 May 2016
6. Precedent No. 06/2016/AL Dispute over inheritance of land use rights when the address of heirs is unknown or heirs reside overseas with no known address.
- Keywords: “Dispute over inheritance”; “Heir residing abroad with unknown address”; “Judicial entrustment”; “Division of estate”; “Administration of estate”.
- Adopted on: 6 April 2016
- Effective from: 25 May 2016
7. Precedent No. 07/2016/AL Recognition of house sale agreements concluded before 7 July 1991.
- Keywords: “House sale contract”; “One party’s failure to sign the contract”; “Determination of evidence.”.
- Adopted on: 10 July 2016
- Effective from: 1 December 2016
8. Precedent No. 08/2016/AL Determination and adjustment of interest rates in credit contracts from the day following the date of first instance judgment.
- Keywords: “Interest rate”; “Outstanding principal debt”; “Credit contract”; “Adjustment of interest rate”; “Overdue interest rate”.
- Adopted on: 10 July 2016
- Effective from: 1 December 2016
9. Precedent No. 09/2016/AL Determination of the average overdue interest rate on the market and the principle of nonapplication of compound interest on penalty or compensation amounts.
- Keywords: “Contract for the sale of goods”; “Breach of contract”; “Refund of advance payment”; “Interest on late payment”; “Overdue interest rate”; “Average market overdue interest rate”; “Contractual penalty”; “Compensation for damages”.
- Adopted on: 10 July 2016
- Effective from: 1 December 2016
10. Precedent No. 10/2016/AL Administrative lawsuit regarding compensation, support, and resettlement upon land recovery by the State.
- Keywords: “Administrative decision”; “Object of administrative lawsuit”; “Land recovery”; “Compensation and resettlement for land users whose land is recovered”.
- Adopted on: 10 July 2016
- Effective from: 17 October 2016
11. Precedent No. 11/2017/AL Recognition of a mortgage contract over land use rights where assets on the land are not owned by the mortgagor.
- Keywords: “Mortgage of land use rights”; “Existence of another person’s property on the mortgaged land”; “Recognition of the mortgage contract over land use rights”; “Agreement on the disposal of mortgaged property”; “Priority in acquiring the property”.
- Adopted on: 14 December 2017
- Effective from: 15 February 2018
12. Precedent No. 12/2017/AL Determination of valid first summons after the Court has postponed the trial.
- Keywords: “Lawful summons”; “First lawful summons”; “Absence of the litigant at the court hearing”; “Postponement of the hearing”.
- Adopted on: 14 December 2017
- Effective from: 15 February 2018
13. Precedent No. 13/2017/AL Determination of the payment validity of a Letter of Credit (L/C) when the underlying International Sale of Goods Contract Is terminated.
- Keywords: “Letter of Credit (L/C)”; “UCP 600”; “International commercial practices”; “Contract for the sale of goods”; “International sales contract”; “Contract termination”.
- Adopted on: 14 December 2017
- Effective from: 14 February 2018
14. Precedent No. 14/2017/AL Recognition of conditions attached to a land use right donation contract, even when such conditions are not recorded in the written contract.
- Keywords: “Contract for the donation of land use rights”; “Conditional civil transaction”; “Conditional gift of property”.
- Adopted on: 14 December 2017
- Effective from: 15 February 2018
15. Precedent No. 15/2017/AL Recognition of oral agreements for the exchange of agricultural land use rights.
- Keywords: “Exchange of agricultural land use rights”; “Actual exchange of land use rights”; “Recognition of land use rights”.
- Adopted on: 14 December 2017
- Effective from: 15 February 2018
16. Precedent No. 16/2017/AL Recognition of the validity of a land use right transfer contract by one of the co-heirs over inherited property.
- Keywords: “Establishment of ownership by agreement”; “Estate”; “Inherited estate consisting of immovable property”; “Co-heirs”; “Transfer of land use rights”.
- Adopted on: 14 December 2017
- Effective from: 15 February 2018
17. Precedent No. 17/2018/AL Determination of the aggravating circumstance of “Hooliganism” in the crime of “Murder” committed by co-offenders.
- Keywords: “Complicity”; “Hooligan like conduct”; “Vital part of the body”; “Principal offender”; “Instigator”; “Murder”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
18. Precedent No. 18/2018/AL Application of the aggravating circumstance of “killing a person performing official duties” under the crime of “Murder.”
- Keywords: “Murder”; “Traffic police officer”; “Murder of a person performing official duties”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
19. Precedent No. 19/2018/AL Determination of the value of property misappropriated in the crime of embezzlement of State property.
- Keywords: “Embezzlement”; “Value of misappropriated property”; “Partial remedy of consequences”; “Offences against property”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
20. Precedent No. 20/2018/AL Establishment of an employment contract after the probationary period expires.
- Keywords: “Probation”; “Probationary period”; “Job offer letter”; “Failure to conclude an employment contract after the probationary period”; “Employment contract”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
21. Precedent No. 21/2018/AL Fault and damages in cases of unilateral termination of a property lease contract.
- Keywords: “Lease contract”; “Conditions for contract termination”; “Early termination of contract”; “Compensation for damages”; “Actual loss”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
22. Precedent No. 22/2018/AL Non-violation of the duty of disclosure regarding health conditions in life insurance contracts.
- Keywords: “Insurance contract”; “Insurance terms and conditions”; “Insurance application form”; “Breach of the duty of disclosure”; “Ambiguous information request in the application”; “Medical condition”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
23. Precedent No. 23/2018/AL Validity of a life insurance contract when nonpayment of premiums results from the insurer’s fault.
- Keywords: “Life insurance contract”; “Validity of a life insurance contract”; “Premium payment period”; “Extension of premium payment period”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
24. Precedent No. 24/2018/AL Transformation of inherited property into lawfully owned or used property of an individual.
- Keywords: “Inherited estate”; “Marital common property”; “Physical division of residential house and land in practice”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
25. Precedent No. 25/2018/AL Exemption from deposit forfeiture due to objective causes in a house purchase deposit agreement.
- Keywords: “Deposit contract”; “House sale and purchase contract”; “Forfeiture of deposit”; “Conclusion of contract”; “Objective reasons”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
26. Precedent No. 26/2018/AL Determination of the commencement and limitation period for claims to divide inherited real property.
- Keywords: “Division of inherited estate”; “Statute of limitations for claiming division of inheritance”; “Commencement of the limitation period”.
- Adopted on: 17 October 2018
- Effective from: 3 December 2018
27. Precedent No. 27/2019/AL Jurisdiction to accept and adjudicate administrative cases involving real estate managed and allocated by the State before 7 July 1991.
- Keywords: “Administrative decision”; “Decision on complaint settlement”; “Houses and land under State management and allocation for use”; “Policies on housing and land management and socialist transformation before 1 July 1991”.
- Adopted on: 22 August 2019
- Effective from: 10 October 2019
28. Precedent No. 28/2019/AL Distinction between the crimes of “Murder” and “Murder under strong emotional disturbance.”
- Keywords: “Murder committed in a state of intense emotional disturbance”; “Severe emotional agitation”; “Loss of self-control”.
- Adopted on: 22 August 2019
- Effective from: 10 October 2019
29. Precedent No. 29/2019/AL Regarding property appropriated in the offence of robbery.
- Keywords: “Robbery”; “Property appropriated”; “Amount of money to be reimbursed by the defendant”.
- Adopted on: 22 August 2019
- Effective from: 10 October 2019
30. Precedent No. 30/2020/AL Intentional act of driving a vehicle over a victim after a traffic accident.
- Keywords: “Traffic accident”; “Driving a vehicle over a victim”; “Violation of road traffic regulations”; “Murder”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
31. Precedent No. 31/2020/AL Recognition of the right to lease and purchase State-owned housing under Government Decree No. 61/CP dated 5 July 1994, as a property right.
- Keywords: “State owned housing”; “Purchase of State-sold housing at subsidized price”; “Property”; “Property rights”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
32. Precedent No. 32/2020/AL Recognition of land use rights in cases where land was initially reclaimed by an individual who later emigrated abroad, and another person subsequently managed and used the land for a stable and long period.
- Keywords: “Lawsuit for recovery of land use rights”; “Land reclaimed by an individual”; “Residing abroad”; “Another person has managed and used the land”; “Stable and long-term land use”; “Granted certificate of land use rights”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
33. Precedent No. 33/2020/AL Recognition of land use rights for individuals who were allocated land by the State but failed to use it and allowed others to manage and use it in a stable manner for a long period.
- Keywords: “Lawsuit for recovery of land use rights”; “Allowing another person to manage and use the land in a stable, long-term manner”; “Stable construction of residential house”; “Registration and declaration of land use rights”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
34. Precedent No. 34/2020/AL Right to bequeath compensation value for land in cases where land is expropriated by the State with compensation.
- Keywords: “Land recovery”; “Compensation for State land expropriation”; “Inheritance”; “Will”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
35. Precedent No. 35/2020/AL Recognition of land use rights for agricultural land handed over by Vietnamese citizens prior to emigrating abroad.
- Keywords: “Overseas Vietnamese”; “Reallocation of agricultural land to domestic users”; “Issuance of Land Use Right Certificate”; “Claim for recovery of land use rights”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
36. Precedent No. 36/2020/AL Validity of a mortgage contract over land use rights after revocation or annulment of the certificate of land use rights.
- Keywords: Legal “Revocation or annulment of Land Use Right Certificate”; “Validity of mortgage contract”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
37. Precedent No. 37/2020/AL Validity of a property insurance contract when the policyholder pays the premium after the due date.
- Keywords: “Property insurance contract”; “Insurance premium”; “Deadline for premium payment”; “Validity of the insurance contract”; “Insured event”; “Compensation for loss and damage”.
- Adopted on: 5 February 2020
- Effective from: 15 April 2020
38. Precedent No. 38/2020/AL Rejection of a lawsuit claiming property already divided under a legally effective judgment.
- Keywords: “Property divided under a legally effective judgment or decision”; “Lawsuit for recovery of property”; “Rejection of new case acceptance”.
- Adopted on: 13August 2020
- Effective from: 15 November 2020
39. Precedent No. 39/2020/AL Determination of a conditional civil transaction as void when the condition cannot occur.
- Keywords: “Conditional civil transaction”; “Condition not fulfilled”; “Invalid transaction”.
- Adopted on: 13 August 2020
- Effective from: 15 November 2020
Continue to Part 2
Suggested support from BLawyers Vietnam
With extensive practical experience and a profound understanding of Vietnam’s system of case law, BLawyers Vietnam provides professional legal support for both corporate and individual clients, including:
- Legal consultation and dispute resolution in labor, commercial, and civil matters involving case law precedents, before Vietnamese courts and/or arbitral institutions (including arbitration in Vietnam, Singapore, and Hong Kong);
- Legal risk assessment in investment activities, contract formation, and corporate governance; and
- Personal legal services concerning marriage, divorce, inheritance, wills, and other matters arising from the practical application of case law precedents.
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.
Date: 04 November 2025
Writer: Thanh Nguyen
