The Supreme People's Court of Vietnam: Benchbook Online

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Jurisdiction of retrial is provided in Article 296 of the CrPC. Noting that Item 4 of Article 279 of the CrPC which states “Where legally enforceable judgments or decisions of the same criminal case which fall under jurisdiction of cassation review of different levels, as stipulated in Items 1, 2 and 3 of this Article (Article 279 of the CrPC), the superior level shall have jurisdiction of cassation review of the whole case”. When there has been no guideline for the same with respect to the retrial procedure, the above provision shall apply to the retrial procedure, where the superior level shall have jurisdiction for a new trial of the whole case.