ManuScript Details
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Paper Id:
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IJARW2795
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Title:
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PRACTICAL APPLICATION OF CASE LAW IN RESOLVING CIVIL DISPUTES IN VIETNAM
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| Published in: |
International Journal Of All Research Writings |
| Publisher: |
IJARW |
| ISSN: |
2582-1008 |
| Volume / Issue: |
Volume 7 Issue 3 |
| Pages: |
5
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| Published On: |
9/28/2025 10:42:42 PM (MM/dd/yyyy) |
Main Author Details
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Name:
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Nguyen Hai Ngan |
| Institute: |
TNU - University of Sciences |
Co - Author Details
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Author Institute |
Abstract
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Research Area:
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Law and Legislature |
| KeyWord: |
Keywords: Case law; Civil disputes; Judicial reform; Vietnamese legal system; Supreme People’s Court; Human rights protection. |
| Abstract: |
In the context of judicial reform and international integration, Vietnam’s legal system is undergoing profound transformations to meet the requirements of a socialist rule-of-law state. One of the significant highlights of this process is the recognition and application of case law as a supplementary legal source in the resolution of civil disputes. Officially introduced into the legal system in 2015 through Resolution No. 03/2015/NQ-HĐTP of the Council of Judges of the Supreme People’s Court (SPC), case law has become an important tool assisting judges in adjudicating complex cases, particularly in situations where statutory law lacks clear provisions or where legal gaps exist [1]. As of July 2025, the SPC has published 72 case laws, establishing an important legal foundation to ensure consistency, fairness, and transparency in the adjudication of civil disputes.
Case law, serving as a legal reference source, not only supports judges in rendering fair judgments but also contributes to overcoming the limitations of statutory law, which often lacks flexibility in addressing novel or complex legal situations [2]. However, the practical application of case law in Vietnam still faces multiple challenges, including inconsistencies in application across courts, difficulties in identifying similar legal situations, and a limited number of judgments citing case law [3]. This paper analyzes the theory and practice of applying case law in the resolution of civil disputes in Vietnam, evaluates achievements and limitations, and proposes solutions to enhance the effectiveness of case law application, thereby contributing to the improvement of the judicial system and the protection of human rights.
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Citations
Copy and paste a formatted citation or use one of the links to import into a bibliography manager and reference.
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IEEE
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Nguyen Hai Ngan, "PRACTICAL APPLICATION OF CASE LAW IN RESOLVING CIVIL DISPUTES IN VIETNAM", International Journal Of All Research Writings,
vol. 7, no. 3, pp. 44-48, 2025.
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MLA
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Nguyen Hai Ngan "PRACTICAL APPLICATION OF CASE LAW IN RESOLVING CIVIL DISPUTES IN VIETNAM." International Journal Of All Research Writings,
vol 7, no. 3, 2025, pp. 44-48.
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APA
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Nguyen Hai Ngan (2025). PRACTICAL APPLICATION OF CASE LAW IN RESOLVING CIVIL DISPUTES IN VIETNAM. International Journal Of All Research Writings,
7(3), 44-48.
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PRACTICAL APPLICATION OF CASE LAW IN RESOLVING CIVIL DISPUTES IN VIETNAM
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PRACTICAL APPLICATION OF CASE LAW IN RESOLVING CIVIL DISPUTES IN VIETNAM
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