Accordingly, Resolution No. 04/2019 / NQ-HDTP has replaced and supplemented some more detailed regulations than Resolution No. 03/2015 / NQ-HDTP. As follows:
Firstly, the time limit for legal proceedings is studied and applied. In Clause 1, Article 8 of Resolution No. 04/2019 / NQ-HDTP, the case law is studied and applied in trial after 30 days from the date of publication instead of 45 days as stipulated in Resolution No. 03/2015 / NQ-HDTP.
Second, more detailed and clear instructions on how the Court applies a case law to resolve the case.
– The number, name of the legal case, legal situation, legal solution in the case and the legal situation of the case being resolved must be cited and analyzed in the “Judgment of the Court. Meanwhile, Resolution No. 03/2015 / NQ-HDTP only stipulates that it must be invoked, analyzed and clarified in court judgments and decisions without specifying where to set.
– Depending on each specific case, it is possible to quote the whole or part of the contents of the case law to clarify the point of view of the Court in the trial and solve the same case. Meanwhile, Resolution No. 03/2015 / NQ-HDTP does not regulate this issue.
Through the newly analyzed content mentioned above, Resolution No. 04/2019 / NQ-HDTP was born to help law cases quickly go into practical application in order to meet urgent and increasing demands in the tournament. deciding the case of the judicial system. In addition, the more detailed and specific provisions of Resolution No. 04/2019 / NQ-HDTP also help agencies conducting legal proceedings in particular and entities involved in the process of resolving cases in general, creating more favorable conditions for the settlement of cases. At the same time, building a specific and clear legal framework helps to improve and improve efficiency and professionalism in the field of Vietnamese proceedings today.