25-07-26 MTParners
From the priority order for handling secured assets to the grounds for reopening final judgments, Legal Precedents No. 83-90/2026/AL are reshaping how Vietnamese courts rule on the most common types of civil disputes.
On 29 May 2026, the Chief Justice of the Supreme People’s Court issued Decision No. 162/QĐ-CA, announcing 8 new legal precedents (Precedents No. 83-90/2026/AL) and raising the total number of legally binding precedents nationwide to 90. Courts across the country are required to study and apply them uniformly from 1 July 2026. Notably, several of these new precedents directly affect the most common categories of civil disputes heard in court: the handling of secured assets, retrial (reopening) procedures, insurers’ liability to compensate, and courts’ authority to cancel land use right certificates.
Precedent No. 87/2026/AL resolves a long-standing point of contention in judicial practice: when a secured asset is liquidated to recover debt, who is entitled to be paid first, and in what order, particularly where a single asset secures multiple obligations or involves multiple interested parties. This type of dispute arises frequently in civil and commercial cases involving bank credit and mortgages. Having an official precedent allows courts at all levels to apply one consistent principle, rather than each court adopting its own interpretation as in the past.
Precedent No. 86/2026/AL clarifies what constitutes a “newly discovered legal fact” sufficient to justify a retrial petition — one of the most important yet most difficult special procedures in civil litigation, allowing a judgment or decision that has already taken legal effect to be reconsidered upon discovery of new circumstances. Previously, determining which circumstances were sufficient to justify a retrial largely depended on each court’s own assessment. The new precedent provides clearer criteria, benefiting litigants seeking to protect their rights after a judgment has been rendered.
Precedents No. 83/2026/AL and 85/2026/AL both concern the role of insurance companies in civil litigation. Precedent No. 83 establishes an insurer’s liability to compensate for property damage in cases where the competent authority has not yet identified the person who caused the damage — a situation that commonly arises in accidents, fires, and technical incidents. Precedent No. 85 clarifies the litigation standing of a member insurer participating under a co-insurance framework agreement, preventing confusion for courts in determining who is the defendant and who is a party with related rights and obligations in insurance claims involving multiple insurers.
Precedent No. 90/2026/AL — one of two precedents in this batch directly related to land — affirms courts’ authority to cancel a land use right certificate when resolving a related civil case. This issue arises regularly in land disputes, where a litigant requests the court to cancel a certificate that was unlawfully issued as part of resolving the underlying land use right dispute, rather than having to file a separate administrative lawsuit.
The addition of 8 new precedents, raising the total to 90 legally binding precedents, means the scope of legal issues subject to a “standardised” approach continues to expand. For judges, these precedents must be cited whenever a case being heard presents a similar legal situation, pursuant to Article 8 of Resolution No. 04/2019/NQ-HĐTP (as amended and supplemented by Resolution No. 02/2025/NQ-HĐTP). For lawyers and litigants, staying informed of new precedents helps build stronger arguments, anticipate judicial trends, and increase the likelihood of a favourable outcome when their situation resembles a published precedent. Conversely, a party unaware of the relevant precedent risks being caught off guard and losing a procedural advantage as early as the case-preparation stage.
Individuals and businesses currently involved in, or preparing to initiate, civil litigation should review whether their case presents a legal situation similar to any of the 90 precedents now in effect, particularly the new ones concerning secured assets, insurance, retrial, and land described above. Where a judgment or decision has already taken legal effect but new circumstances have since emerged, it is advisable to consult a lawyer promptly to assess the possibility of petitioning for a retrial within the statutory time limit, so as not to miss the opportunity to protect one’s lawful rights and interests.
MT & Partners Law Firm, with a team of experienced lawyers in civil litigation, property disputes, and corporate legal advisory, is ready to assist clients in assessing their case, building a litigation strategy, and representing them before courts at all levels. Contact hotline 0987140772 or email info@mtpartners.vn for consultation.
(*) This article is for reference only and does not replace specific legal advice.
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