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blue-check Responses in relation to some problems when dealing with criminal and civil cases

Dispatch No. 02/TANDTC-PC dated August 2nd, 2021 of the Supreme People's Court regarding responses to problems in adjudication
Posted: 12/8/2021 8:57:09 AM | Latest updated: 6/9/2021 8:25:32 AM (GMT+7) | LuatVietnam: 5283 | Vietlaw: 524
VietlawOnline

This Dispatch mentions responses of the Supreme People's Court in relation to some problems when dealing with criminal and civil cases, including:

1. Regarding criminal cases and criminal procedures

- Can the criminal of a gangster-like nature in a criminal case involving an accomplice be given a suspended sentence when they are tried?

- Whether the extenuating circumstance may be applied or not in a case where a defendant committed a crime when he was under 70 years old but at the time of trial the defendant is over 70 years old?

...

2. Regarding civil cases and civil procedures

- Is a mortgage transaction at a bank null and void if the transaction of house and land transfer is null and void due to the forgery of the signature?

- The transaction of house and land transfer is null and void but the transferee has been granted a certificate of house ownership and land use rights and has put up the house and land as collateral for a bank, is the mortgage transaction null and void?

- How long is prescriptive period for initiating a lawsuit to request the Court to settle the credit contract dispute?

...

Accordingly, in case a contract of land sale and purchase is null and void due to the forgery of the signature of the co-owner, the mortgage transaction between the buyer and the bank is concurrently null and void.

In principle the prescriptive period for initiating a lawsuit to request the Court to settle the credit contract dispute is 3 years. However, according to clause 2 Article 155 of 2015 Civil Code, a bank can initiate a lawsuit to claim the principal debt without dependence on the aforesaid 3 – year prescriptive period.

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Published Vietlaw's Newsletter No. 524
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