Resolution No. 03/2017/NQ-HDTP on the publication of Court’s judgments and decisions
On March 16th, 2017, the Judicial Council of the Supreme People’s Court issued Resolution No. 03/2017/NQ-HDTP on the publication of Court’s judgments and decisions. According to this Resolution, the following Court’s judgments and decisions will be published on the Court’s web portal:
(i) First-instance judgments which are not appealed; appellate judgments; cassation and retrial decisions on settlement of criminal, administrative, civil, marriage and family, business, trade and labor cases;
(ii) Legally effective decisions, cassation or retrial decisions on the settlement of civil matters;
(iii) Decisions on declaration of liquidation of enterprises or cooperatives; decisions on settlement of the petition or appeal against Decisions on declaration of liquidation of enterprises or cooperatives.
As to the term of the publication, the Court’s judgments and decisions must be published on the Court’s web portal within 30 days from the date on which such judgments, decisions take effect.
Besides, this Resolution also regulates judgments and decisions which shall not be published on the Court’s web Portal as follows:
(i) Judgments and decisions of cases subject to secret trial;
(ii) Judgments and decisions of cases subject to a public trial, but fall on the following cases:
- Having contents that are in the list of State secret or having contents that have not been published by the State and if these contents are disclosed, it shall cause harm to the State;
- Having information on financial investment, professional know-how or undisclosed technology which can be used and taken advantage of in business of which the parties in litigation procedures required to keep secret during the trial;
- Having contents which negatively affect on recognized and widely used traditional culture and valuable customs in a region, ethnic group or population community;
- Having under-18-year-old participants in the procedure.
(iii) Judgments or decisions which have not taken effect yet.
This Resolution is promulgated by the Judicial Council of the Supreme People’s Court on February 17th, 2017 and shall take effect from July 1st, 2017.