Resolution No. 225/2025/QH15 On the Implementation of the Law Amending and Supplementing Certain Provisions of the Law on the Organization of People's Courts, the Law Amending and Supplementing Certain Provisions of the Law on the Organization of People's Procuratorates, Criminal Procedure Codes, and Other Related Laws

RESOLUTION

On the Implementation of the Law Amending and Supplementing Certain Provisions of the Law on the Organization of People's Courts, the Law Amending and Supplementing Certain Provisions of the Law on the Organization of People's Procuratorates, and Related Laws

OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

Pursuant to the Law on the Organization of People's Courts No. 81/2025/QH15 amended and supplemented certain provisions by Law No. 81/2025/QH15;

Pursuant to the Law on the Organization of People's Procuracy No. 63/2014/QH13 amended and supplemented by certain articles according to Law No. 82/2025/QH15;

Pursuant to the Criminal Procedure Code No. 101/2015/QH13 amended and supplemented certain provisions by Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No. 99/2025/QH15;

Pursuant to Law No. 85/2025/QH15 amending and supplementing certain provisions of the Civil Procedure Code, Administrative Procedure Code, Juvenile Justice Code, Bankruptcy Code, and Mediation and Dialogue at Court Code;

Pursuant to Resolution No. 202/2025/QH15 of the National Assembly on the Reorganization of Provincial Administrative Units;

RESOLUTION:

Article 1. Implementation of the Law Amending and Supplementing Certain Provisions of the Law on the Organization of People's Courts

From the date the Law Amending and Supplementing Certain Provisions of the Law on the Organization of People's Courts No. 81/2025/QH15 was adopted by the National Assembly until its effective date (July 1, 2025):

1. The President of the Supreme People's Court shall be responsible for reviewing, preparing organizational structure, personnel, material infrastructure, and other necessary conditions to ensure the operation of courts at all levels in accordance with the Law Amending and Supplementing Certain Provisions of the Law on the Organization of People's Courts.

2. Based on the provisions of Articles 4, 40, 47, and 60 of the Law on the Organization of People's Courts amended and supplemented certain provisions by Law No. 81/2025/QH15 and the practical needs of trial at each court, the President of the Supreme People's Court shall propose to the Standing Committee of the National Assembly:

a) Approval of proposals to establish the Supreme People's Court's Appellate Division, bureaus, departments, and equivalent agencies, and the court's press agency;

b) Establishment of provincial-level People's Courts and regional People's Courts; defining territorial jurisdiction of regional People's Courts;

c) Defining territorial jurisdiction of some provincial-level People's Courts regarding requests to annul arbitral awards and register arbitral awards in civil cases;

d) Defining territorial jurisdiction of some regional People's Courts in handling bankruptcy cases, civil, commercial, and administrative cases concerning intellectual property rights and technology transfer;

đ) Deciding the list of members of the National Judicial Selection and Supervision Council;

e) Amending and supplementing Resolution No. 67/2025/UBTVQH15 dated February 6, 2025 of the Standing Committee of the National Assembly on the ranks, conditions for each rank, promotion of ranks, and the number and structure ratio of ranks of judges of People's Courts.

3. Based on the provisions of Articles 56, 60, and 77 of the Law on the Organization of People's Courts amended and supplemented certain provisions by Law No. 81/2025/QH15 and the practical needs of trial at each court, the President of the Supreme People's Court shall:

a) Decide on the establishment of the agencies and units specified in points b, c, and đ Clause 1 Article 47 of the Law on the Organization of People's Courts;

b) Define the tasks, powers, organizational structures, and territorial jurisdiction of the Supreme People's Court's Appellate Divisions; define the tasks, powers, and organizational structures of bureaus, departments, and equivalent agencies, training and development centers, and the court's press agency;

c) Decide on the establishment of specialized divisions within provincial-level People's Courts and regional People's Courts;

d) Decide on the establishment and define the tasks and powers of the support staff in provincial-level People's Courts and regional People's Courts.

The Supreme People's Court, the Supreme People's Court's Appellate Division, provincial-level People's Courts, and regional People's Courts shall use seals bearing the National Emblem. In case of necessity, the President of the Supreme People's Court may decide to use additional seals such as those already issued to the Supreme People's Court, provincial-level People's Courts, regional People's Courts, and units under the Supreme People's Court.

The agency using the seal shall be responsible for registering additional seals in accordance with the law on the management and use of seals.

Article 2. Implementation of the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the People's Public Prosecution Agency

From the date the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the People's Public Prosecution Agency No. 82/2025/QH15 was adopted by the National Assembly to the date it takes effect (July 1, 2025):

1. The Chief Prosecutor of the Supreme People's Public Prosecution Agency shall be responsible for reviewing and preparing organizational structures, personnel, material infrastructure, and other conditions necessary to ensure the operation of public prosecution agencies at all levels in accordance with the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the People's Public Prosecution Agency.

2. Based on the provisions of Articles 40, 49, and 63 of the Law on the Organization of the People's Public Prosecution Agency which have been amended and supplemented by Law No. 82/2025/QH15 and practical requirements of work at each public prosecution agency, the Chief Prosecutor of the Supreme People's Public Prosecution Agency shall propose to the Standing Committee of the National Assembly:

a) Approval of the working organization of the Supreme People's Public Prosecution Agency;

b) Establishment of the People's Public Prosecution Agency at provincial level;

c) Establishment and determination of territorial jurisdiction of the People's Public Prosecution Agency in regions.

3. Based on the provisions of Articles 40, 42, 46, and 48 of the Law on the Organization of the People's Public Prosecution Agency which have been amended and supplemented by Law No. 82/2025/QH15 and practical requirements of work at each public prosecution agency, the Chief Prosecutor of the Supreme People's Public Prosecution Agency:

a) Shall decide on the establishment of Public Prosecutors' Offices and appellate public prosecution offices; define the organizational structure, tasks, and powers of the Office, Investigation Department, Public Prosecutors' Offices, appellate public prosecution offices, bureaus, departments, institutes, and equivalent units, training and capacity-building institutions, press organs, and other public service units of the Supreme People's Public Prosecution Agency;

b) Shall decide on the establishment and define the tasks and powers of the working organizations within the People's Public Prosecution Agencies at provincial level and in regions.

4. The Supreme People's Public Prosecution Agency, Public Prosecutors' Offices and Appellate Public Prosecution Offices of the Supreme People's Public Prosecution Agency, People's Public Prosecution Agencies at provincial level, and People's Public Prosecution Agencies in regions shall use seals bearing the State Emblem. In cases where necessary, the Chief Prosecutor of the Supreme People's Public Prosecution Agency shall decide on the use of additional seals such as those already issued to the Supreme People's Public Prosecution Agency, People's Public Prosecution Agencies at provincial level, People's Public Prosecution Agencies in regions, and units under the Supreme People's Public Prosecution Agency.

The agency using the seal shall be responsible for registering additional seals in accordance with the law on the management and use of seals.

Article 3. Transitional Provisions for Implementing the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the People's Courts, Criminal Procedure Codes, Civil Procedure Codes, Administrative Procedure Codes, Juvenile Justice Law, Bankruptcy Law, and Mediation and Dialogue at Court Law

From the date the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the People's Courts No. 81/2025/QH15, the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code No. 99/2025/QH15, the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code, the Administrative Procedure Code, the Juvenile Justice Law, the Bankruptcy Law, and the Mediation and Dialogue at Court Law No. 85/2025/QH15 take effect (July 1, 2025):

1. The People's Courts in regions having territorial jurisdiction shall assume the responsibility for handling and adjudicating criminal, administrative, civil cases, and other cases that the People's Courts at district level are currently resolving; cases where judgments and decisions of the People's Courts at district level have been annulled for retrial according to first-instance procedures.

The People's Courts in regions shall succeed the rights and responsibilities of the People's Courts at district level as provided by law.

2. The People's Courts at provincial level shall undertake the task of handling appeals and petitions for cassation and revision against judgments and decisions of the People's Courts at district level that have become legally binding; cases where judgments and decisions of the People's Courts at provincial level have been annulled for retrial according to first-instance or second-instance procedures.

The President of the People's Court at provincial level shall have the authority to appeal according to cassation and revision procedures against judgments and decisions that have become legally binding of the People's Courts at district level. The People's Court at provincial level shall conduct cassation and revision of judgments and decisions of the People's Courts at district level.

For criminal, administrative, civil cases, and other cases within the jurisdiction of the People's Courts in regions that the People's Courts at provincial level are currently handling before July 1, 2025 but have not yet resolved, they shall be handled as follows:

a) Where the People's Court at provincial level has accepted complaints and requests but has not yet taken them up for trial, they shall be transferred to the People's Court in regions having territorial jurisdiction to resolve, except where the court has held a session to record the results of mediation and dialogue at court and there is a request to recognize the results of mediation and dialogue as valid, then the People's Court at provincial level shall continue to examine and issue a decision;

b) Where the People's Court at provincial level has taken up the case for trial according to first-instance procedures before July 1, 2025 but has not yet resolved it, the People's Court at provincial level shall continue to resolve it.

After reorganization, the People's Courts at provincial level shall succeed the rights and responsibilities of the People's Courts at provincial level as provided by law.

3. The Second Instance Division of the Supreme People's Court shall assume territorial jurisdiction to handle the following tasks:

a) Adjudicate and try according to second-instance procedures criminal, administrative, and civil cases that the High People's Courts are currently handling; cases where judgments and decisions of the High People's Courts have been annulled for retrial according to second-instance procedures;

b) Conduct second-instance proceedings for criminal, administrative, and civil cases tried by the People's Courts at provincial level according to first-instance procedures and subject to appeal or protest;

c) Resolve requests for reconsideration, protests against decisions to open or not open bankruptcy proceedings; petitions and protests against decisions declaring enterprises or cooperatives bankrupt within the jurisdiction of the High People's Courts;

d) Resolve other cases within the jurisdiction of the High People's Courts.

4. The Head of the Second Instance Division of the Supreme People's Court shall recommend the President of the Supreme People's Court to consider and appeal according to cassation and revision procedures against judgments and decisions of the Second Instance Division of the Supreme People's Court and the People's Courts at provincial level that have become legally binding according to the law.

5. The Supreme People's Court shall undertake the cassation and revision tasks concerning judgments and decisions of the provincial-level People's Courts that have become legally effective and fall within the jurisdiction of the high-level People's Courts.

The President of the Supreme People's Court has the authority to lodge cassation and revision complaints according to the cassation and revision procedures against judgments and decisions that have become legally effective regarding administrative cases, civil matters, and other cases from the Cassation Division of the Supreme People's Court, high-level People's Courts, and county-level People's Courts; to lodge cassation complaints according to the cassation procedure against criminal judgments and decisions that have become legally effective from the high-level People's Courts and county-level People's Courts.

The Supreme People's Court shall conduct cassation and revision on judgments and decisions of the Cassation Division of the Supreme People's Court that have become legally effective regarding administrative cases, civil matters, and other cases; on judgments and decisions that have become legally effective from the high-level People's Courts.

The Supreme People's Court shall inherit the rights and responsibilities of the high-level People's Courts as prescribed by law.

6. The Bench of the Supreme People's Court organized in accordance with the Law on the Organization of the People's Courts No. 34/2024/QH15 shall continue to perform its duties and powers until the number of members of the Bench of the Supreme People's Court is in accordance with Clause 5, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the People's Courts No. 81/2025/QH15.

7. Citizens' assessors elected to perform trial tasks at the county-level People's Courts in accordance with the Law on the Organization of the People's Courts No. 34/2024/QH15 shall continue to perform trial tasks at the district-level People's Courts.

Citizens' assessors elected to perform trial tasks at the provincial-level People's Courts shall continue to perform trial tasks until the Provincial People's Council elects new citizens' assessors for the new term. The President of the provincial-level People's Court decides the number and list of provincial-level citizens' assessors performing trial tasks at the provincial-level People's Court and the district-level People's Courts.

8. An agreement to choose the competent court for arbitration activities as stipulated in Clause 1, Article 7 of the Commercial Arbitration Law before July 1, 2025, then the chosen court or the court inheriting the rights and responsibilities of the chosen court shall have the authority to resolve the matter.

9. The Supreme People's Court is the agency responsible for compensation in accordance with the State Compensation Law in the following cases:

a) The Bench of the Supreme People's Court revokes the cassation and revision decision of the high-level People's Court where the revoked decision had determined the defendant guilty and suspended the case due to the absence of a criminal act or behavior not constituting a crime;

b) The Bench of the Supreme People's Court revokes the cassation and revision decision of the high-level People's Court where the revoked decision had determined the defendant guilty for further investigation but later the suspect was suspended from investigation or the case was suspended due to the absence of a criminal act or behavior not constituting a crime or the investigation period expired without proving the suspect committed the crime;

c) The Bench of the Supreme People's Court revokes the cassation and revision decision of the high-level People's Court where the revoked decision had determined the defendant guilty for retrial but later the defendant was acquitted due to the absence of a criminal act or behavior not constituting a crime.

10. The provincial-level civil enforcement agency has the authority to enforce judgments and decisions of the district, county, town, city-level People's Courts and equivalent courts; judgments and decisions of the high-level People's Courts.

11. The Supreme People's Court shall guide the implementation of the provisions of this Article and other contents to implement the Law.

Article 4. Transitional provisions for the implementation of the Law amending and supplementing certain articles of the Law on the Organization of People's Procuracies, laws on procedural matters, and other related laws concerning People's Procuracies.

As of the date when the Law amending and supplementing certain articles of the Law on the Organization of People's Procuracies No. 82/2025/QH15, the Law amending and supplementing certain articles of the Criminal Procedure Code No. 99/2025/QH15, the Law amending and supplementing certain articles of the Civil Procedure Code, the Administrative Procedure Law, the Juvenile Justice Law, the Bankruptcy Law, and the Mediation and Dialogue at Court Law No. 85/2025/QH15 come into effect (July 1, 2025):

1. The People's Procuracy with territorial jurisdiction shall take over the task of handling administrative cases, matters, criminal cases, civil matters, and other matters that the People's Procuracy at district level is currently handling; those matters and cases where the judgments and decisions of the People's Court at district level have been annulled for retrial according to the first instance procedure.

The People's Procuracies with territorial jurisdiction shall inherit the rights and responsibilities of the People's Procuracies at district level as prescribed by law.

2. The People's Procuracy at provincial level shall perform the task of handling petitions and documents requesting cassation and reconsideration protests against judgments and decisions that have become legally binding of the People's Court at district level which were under the jurisdiction of the High People's Procuracy before July 1, 2025; exercise public prosecution and supervise the handling of cases and matters within the jurisdiction of the People's Court at provincial level as stipulated in Clause 2, Article 3 of this Resolution.

The Chief Prosecutor of the People's Procuracy at provincial level has the authority to protest according to the cassation and reconsideration procedures against judgments and decisions that have become legally binding of the People's Court at district level.

For administrative cases, matters, criminal cases, civil matters, and other matters within the jurisdiction of the People's Procuracy with territorial jurisdiction that the People's Procuracy at provincial level had accepted for handling before July 1, 2025 but have not yet been resolved, the People's Procuracy at provincial level shall continue to handle them.

The People's Procuracies at provincial level after reorganization shall inherit the rights and responsibilities of the People's Procuracies at provincial level that have been reorganized as prescribed by law.

3. The Supreme People's Procuracy shall take over the task of handling petitions and documents requesting cassation and reconsideration protests against judgments and decisions that have become legally binding of the People's Court at provincial level which were under the jurisdiction of the High People's Procuracy before July 1, 2025; exercise public prosecution and supervise the handling of cases and matters within the jurisdiction of the Supreme People's Court as stipulated in Clause 3 and Clause 5, Article 3 of this Resolution.

The Chief Prosecutor of the Supreme People's Procuracy has the authority to protest according to the cassation and reconsideration procedures against judgments and decisions that have become legally binding regarding criminal cases, administrative cases, civil matters, and other matters of the Supreme People's Court of Appeals, the High People's Courts, and the People's Courts at district level.

The Supreme People's Procuracy shall inherit the rights and responsibilities of the High People's Procuracies as prescribed by law.

4. The term of office of Prosecutors appointed according to the Law on the Organization of People's Procuracies No. 63/2014/QH13 shall be implemented as follows:

a) Prosecutors of the Supreme People's Procuracy appointed according to the Law on the Organization of People's Procuracies No. 63/2014/QH13 shall have their terms of office implemented according to the Law amending and supplementing certain articles of the Law on the Organization of People's Procuracies No. 82/2025/QH15;

b) Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors who were appointed for the first time according to the Law on the Organization of People's Procuracies No. 63/2014/QH13 shall continue to perform their duties until the end of their appointed terms; the reappointment and terms of office upon reappointment shall be implemented according to the Law amending and supplementing certain articles of the Law on the Organization of People's Procuracies No. 82/2025/QH15;

c) Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors who were reappointed or promoted to a higher rank according to the Law on the Organization of People's Procuracies No. 63/2014/QH13 shall have their terms of office calculated until retirement or transfer to another position.

5. The Chief Prosecutor of the Supreme People's Procuracy shall guide the implementation of the provisions of this Article and other contents to implement the Law.

Article 5. Transitional Provisions for the Implementation of Certain Contents of the Law Amending and Supplementing Several Articles of the Criminal Procedure Code

As of the date when the Law Amending and Supplementing Several Articles of the Criminal Procedure Code No. 99/2025/QH15 takes effect:

1. For cases that have been accepted and resolved by the Investigation Agency, agencies assigned to conduct certain investigative activities, the Public Prosecutor's Office, and the Court before July 1, 2025 but have not concluded by July 1, 2025, the new provisions on investigation, prosecution, trial in absentia, digitization of case files, digital signatures, notification through digital platforms, and other provisions of the Criminal Procedure Code amended and supplemented by Law No. 99/2025/QH15 shall be applied, except as provided in Clause 2 of this Article.

2. In cases where a person sentenced to death has submitted a request for clemency to the President before July 1, 2025 without a decision rejecting the request for clemency from the President, the provisions at Article 367 of the Criminal Procedure Code amended and supplemented by Law No. 99/2025/QH15 shall be applied, and the time limit for the President to consider and decide on clemency shall be determined as follows:

a) If the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy have already submitted their opinions to the President, the time limit for the President to consider and decide on clemency shall be calculated from July 1, 2025;

b) If the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy have not yet submitted their opinions to the President, the time limit for the President to consider and decide on clemency shall be calculated from the date of submission of their opinions.

Article 6. Implementation Provisions

This Resolution takes effect from July 1, 2025.

The operation of the High People's Courts, High People's Procuracies, County People's Courts, and County People's Procuracies shall cease from July 1, 2025.

The President, the Standing Committee of the National Assembly, the Government, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for implementing this Resolution within their respective functions, tasks, and powers.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, ninth meeting, on June 27, 2025.