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The Supreme People's Court of Vietnam: Benchbook Online

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1.3.7. Deliberation of judgments


Related legal documents
  • CPC (Article 236)
  • CPC (Article 239)

  • Main tasks and practical skills:

    • The members of the Trial Panel must resolve all the issues of the case by a majority of votes on an issue-by-issue basis. The People’s Assessors shall vote first and the Judge shall vote last. Any person who has a minority opinion shall have the right to present such opinion in writing which shall be enclosed in the case file.
    • The deliberation of a judgment shall be based only on the documents and evidence which have been examined or considered at the trial, the results of the questioning at the trial, and all views of the persons participating in the proceedings, and of the Procurator.
    • Minutes of the deliberation of a judgment must be taken to record all the issues discussed and decisions made by the Trial Panel. The minutes must be signed by all the members of the Trial Panel in the discussion room before pronouncement of the judgment.
    • Where the case contains complex details that take a long time to deliberate, the Trial Panel shall determine a period for the deliberation but this period shall not exeed five working days from the date of completion of oral argument at the trial.
    • The Trial Panel must notify the persons present at the trial and the persons participating in the proceedings who are absent from the trial of the time and place of pronouncement of the judgment; where a person participating in the proceedings is absent from the trial, the Trial Panel shall still conduct the pronouncement of the judgment.