This Law amends and supplements certain articles of existing laws, including the Law on Organization of People's Courts, Juvenile Justice Law, Bankruptcy Law, and Mediation and Dialogue at Court Law. The amendments focus on adjusting the jurisdiction of local people's courts, provisions regarding provincial public security agencies' criminal enforcement bodies, and other points related to procedural rules and state administration in the judicial field.
Đối tượng áp dụng
This Law applies to local people's courts, provincial public security agencies' criminal enforcement bodies, and other parties involved in court proceedings under the Law on Organization of People's Courts, Juvenile Justice Law, Bankruptcy Law, and Mediation and Dialogue at Court Law.
Các điểm cốt lõi
- Amend the jurisdiction of local people's courts
- Adjust the provisions concerning provincial public security agencies' criminal enforcement bodies
- Replace certain phrases in existing laws to be consistent with current state management practices
- Supplement and adjust certain points related to procedural rules and state administration in the judicial field
- Effective from July 1, 2025
🌐 Tác động xã hội từ văn bản này
- Enhance the effectiveness of local people's courts' operations
- Ensure consistency and synchronization within the legal system governing the judiciary
- Improve the criminal enforcement process, contributing to social stability and order
❓ Câu hỏi thường gặp
When does this Law come into effect?
This Law comes into effect from July 1, 2025.
Which agencies will be affected by this Law?
Local people's courts, provincial public security agencies' criminal enforcement bodies, and other parties involved in court proceedings will be affected by this Law.
What notable changes does this Law make to the jurisdiction of local people's courts?
This Law adjusts the jurisdiction of local people's courts in handling civil, administrative, and bankruptcy cases within the territorial scope defined.
Toàn văn
| OF THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| Law No.: 85/2025/QH25 | Independence - Freedom - Happiness |
LAW
AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE CIVIL PROCEDURE CODE
ADMINISTRATIVE PROCEDURE CODE YOUTH JUSTICE LAW, BANKRUPTCY LAW
AND CONCILIATION AND COURT-MEDIATED DISPUTE RESOLUTION LAW
On the basis of the Constitution of the Socialist Republic of Vietnam as amended and supplemented by Resolution
No. 203/2025/QH15; The Civil Procedure Code No. 92/2015/QH13 as amended and supplemented by Laws Nos. 45/2019/QH14, 59/2020/QH14, 13/2022/QH15, 19/2023/QH15, 34/2024/QH15, and 46/2024/QH15;
The National Assembly enacted the Law Amending and Supplementing Certain Articles of The Administrative Procedure Code No. 93/2015/QH13 as amended and supplemented by Laws Nos. 55/2019/QH14 and 34/2024/QH15; Youth Justice Law No. 59/2024/QH15; Bankruptcy Law No. 51/2014/QH13 and Conciliation and Court-Mediated Dispute Resolution Law No. 58/2020/QH14. number Article 1. Amending and supplementing certain articles of the Civil Procedure Code
1. Amending and supplementing Article 18 as follows:
Article 18. Supervision of the trial process
"The Supreme People's Court supervises the trial process of courts; the People's Court of provinces and cities (hereinafter referred to collectively as the provincial-level People's Court) supervises the trial process of the district-level People's Courts within their territorial jurisdiction to ensure strict and consistent application of the law.".
2. Amending and supplementing Article 35 as follows:
Article 35. Jurisdiction of the district-level People's Court
"The district-level People's Court has jurisdiction to resolve disputes stipulated in Articles 26, 28, 30, and 32 of this Code through first-instance proceedings; to resolve requests stipulated in Articles 27, 29, 31, and 33 of this Code, except for requests to annul arbitral awards and to register arbitral awards in cases under the jurisdiction of some provincial-level People's Courts as provided for in Clause 2 of Article 37 of this Code.".
3. Amending and supplementing Article 36 as follows:
Article 36. Jurisdiction of specialized courts of the district-level People's Court
"1. The Civil Division of the district-level People's Court has jurisdiction to resolve civil and labor disputes through first-instance proceedings, except for disputes under the jurisdiction of the Intellectual Property Division of the district-level People's Court as provided for in Clause 3 of this Article.
2. The Commercial Division of the district-level People's Court has jurisdiction to resolve commercial and trade disputes through first-instance proceedings, except for disputes under the jurisdiction of the Intellectual Property Division of the district-level People's Court as provided for in Clause 3 of this Article.
3. The Intellectual Property Division of the district-level People's Court has jurisdiction to resolve civil and commercial disputes concerning intellectual property rights and technology transfer through first-instance proceedings.
4. The Family and Youth Division of the district-level People's Court has jurisdiction to resolve marriage and family disputes through first-instance proceedings.
5. In cases where the district-level People's Court does not have specialized divisions, the President of the Court shall be responsible for organizing the trial work and assigning judges to resolve cases within the jurisdiction of the district-level People's Court.".
4. Amending and supplementing Article 37 as follows:
Article 37. Jurisdiction of the provincial-level People's Court
"1. The provincial-level People's Court has jurisdiction to resolve appeals and protests against judgments and decisions of the district-level People's Court that have not yet taken legal effect through second-instance proceedings; to review and retry judgments and decisions of the district-level People's Court that have taken legal effect but have been protested according to this Code.
2. The provincial-level People's Court has jurisdiction to resolve requests to annul arbitral awards and to register arbitral awards in cases according to the Law on Commercial Arbitration.".
5. Amending and supplementing Article 38 as follows:
5. Amend and supplement Article 38 as follows:
"Article 38. Jurisdiction of specialized courts of provincial People's Courts
1. The Civil Division of the provincial People's Court has jurisdiction to hear appeals on civil cases whose judgments and decisions have not yet taken legal effect from the district-level People's Courts, except for civil cases concerning intellectual property rights and technology transfer as provided for in Clause 3 of this Article.
2. The Family and Juvenile Division of the provincial People's Court has jurisdiction to hear appeals on family cases whose judgments and decisions have not yet taken legal effect from the district-level People's Courts.
3. The Commercial Division of the provincial People's Court has jurisdiction to hear appeals on commercial and trade cases, and civil cases concerning intellectual property rights and technology transfer whose judgments and decisions have not yet taken legal effect from the district-level People's Courts.
Some Commercial Divisions of provincial People's Courts have jurisdiction to hear requests to annul arbitral awards and to register arbitral awards in cases.
4. The Labor Division of the provincial People's Court has jurisdiction to hear appeals on labor cases whose judgments and decisions have not yet taken legal effect from the district-level People's Courts.
6. Amend and supplement Article 41 as follows:
"Article 41. Transfer of civil cases to other courts; resolution of disputes over jurisdiction
1. If a civil case that has been accepted for trial does not fall within the jurisdiction of the court that accepted it, such court shall issue a decision transferring the file of the civil case to the court with jurisdiction and remove the case from its docket. This decision must be immediately sent to the same-level Public Prosecutor's Office, the parties involved, and related agencies, organizations, or individuals.
The parties involved, agencies, organizations, or individuals concerned have the right to lodge complaints, and the Public Prosecutor's Office has the right to make recommendations regarding this decision within three working days from the date of receipt. Within three working days from the date of receipt of the complaint or recommendation, the President of the court that issued the decision to transfer the civil case must resolve the complaint or recommendation. The decision of the President of the court is final.
2. Disputes over jurisdiction among district-level People's Courts within the same province or city shall be resolved by the President of the provincial People's Court.
3. Disputes over jurisdiction among district-level People's Courts in different provinces or cities shall be resolved by the President of the Supreme People's Court.
4. Disputes over jurisdiction among provincial People's Courts shall be resolved by the President of the Supreme People's Court.
7. Amend and supplement Clause 3 and Clause 4 of Article 53 as follows:
"3. They have participated in resolving the civil case at first instance, second instance, cassation, or re-trial procedures, and have issued the first-instance judgment, second-instance judgment or decision, cassation decision or re-trial decision, decision on civil matter, decision to terminate proceedings, decision recognizing the settlement agreement of the parties, except where they are members of the Supreme People's Court's Judicial Council or the Provincial People's Court's Judicial Committee, in which case they may still participate in resolving the case through cassation or re-trial procedures;
4. They were involved in the litigation process of the case as a Court Investigator, Court Clerk, Prosecutor, or Inspector."
8. Amend and supplement Article 56 as follows:
"Article 56. Decision on Changing Judges, People's Assessors, Court Examiners, and Court Secretaries
1. Before the trial session begins, the decision to change Judges, People's Assessors, Court Examiners, and Court Secretaries shall be made by the President of the Court. In cases where the Judge being changed is the President of the Court, the authority to make such a decision shall be as follows:
a) If the Judge is the President of the People's Court at the regional level, the decision shall be made by the President of the Provincial People's Court;
b) If the Judge is the President of the Provincial People's Court, the decision shall be made by the President of the Supreme People's Court.
2. During the trial session, the decision to change Judges, People's Assessors, Court Examiners, and Court Secretaries shall be made by the Bench after hearing the opinions of those who are requested to be replaced. The Bench shall discuss in the deliberation room and decide by majority vote. In cases where it is necessary to change Judges, People's Assessors, Court Examiners, and Court Secretaries, the Bench shall issue a decision to postpone the trial session. The President of the Court shall decide to appoint new Judges, People's Assessors, Court Examiners, and Court Secretaries to replace the ones being changed. If the person being replaced is the President of the Court, the authority to make such a decision shall be implemented according to the provisions of Clause 1 of this Article.
3. The change of Judges and Court Secretaries when handling civil matters shall be carried out according to the provisions of Clause 1 and Clause 2 of Article 368 of this Code.
4. Within three working days from the date of postponing the trial session or meeting, the President of the Court must appoint another person to replace them.
9. Amend and supplement Clause 1 of Article 66 as follows:
"1. The Committee of Judges of the Provincial People's Court shall try supervisory and retrial cases through a Bench consisting of all members of the Committee of Judges of the Provincial People's Court."
10. Amend, supplement, and abolish some clauses of Article 194 as follows:
a) Amend and supplement Clause 6 as follows:
"6. Within ten days from the date of receiving complaints or suggestions about returning the lawsuit petition, the President of the Court at the next higher level must issue one of the following decisions:
a) Maintain the decision to return the lawsuit petition;
b) Require the first-instance court to accept back the lawsuit petition and accompanying documents and evidence to proceed with the case acceptance process.
The decision resolving the complaint or suggestion of the President of the Court at the next higher level shall take effect immediately and be sent directly to the plaintiff, the same-level Procuracy, the Procuracy that made the suggestion, and the court that issued the decision to return the lawsuit petition. The decision resolving the complaint or suggestion of the President of the Court at the next higher level is the final decision."
b) Abolish Clause 7.
11. Amend and supplement Clause 1 of Article 315 as follows:
"1. Within fifteen days from the date of issuing the appellate judgment or decision, the appellate court must send the appellate judgment or decision to the court that rendered the first-instance judgment, the same-level Procuracy, the competent civil enforcement agency, the appellant, the parties with interests or obligations related to the appeal or protest, or their lawful representatives."
12. Amend and supplement Clause 3 of Article 327 as follows:
"3. The President of the Regional People's Court may propose to the President of the Provincial People's Court or the President of the Supreme People's Court, or the President of the Provincial People's Court may propose to the President of the Supreme People's Court to review and file a protest under supervisory procedure against judgments or decisions of courts that have taken legal effect if there are grounds stipulated in Clause 1 of Article 326 of this Law."
13. Amend and supplement Article 331 as follows:
"Article 331. Persons with Authority to File a Protest under the Supervisory Review Procedure
1. The President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuracy have the authority to file a protest under the supervisory review procedure against judgments and decisions that have become legally binding of the provincial-level People's Courts; judgments and decisions that have become legally binding of other courts, except for decisions of the Supreme People's Court Council of Judges, when they consider it necessary.
2. The President of the provincial-level People's Court and the Procurator-General of the provincial-level People's Procuracy have the right to file a protest under the supervisory review procedure against judgments and decisions that have become legally binding of the regional People's Courts within their territorial jurisdiction.
14. Amend and supplement Article 336 as follows:
"Article 336. Sending the Decision on Filing a Protest under the Supervisory Review Procedure
1. The decision on filing a protest under the supervisory review procedure must be immediately sent to the court that issued the judgment or decision that has become legally binding and is being protested, the parties involved, the competent civil enforcement agency, and other persons who have rights or obligations related to the content of the protest.
2. In cases where the President of the Supreme People's Court or the President of the provincial-level People's Court files a protest, the decision on filing the protest along with the case file must be immediately sent to the procuratorate at the same level. The procuratorate shall study the file within fifteen days from the date of receipt of the case file; upon expiration of this period, the procuratorate must transfer the case file to the court with supervisory review authority.
3. In cases where the Procurator-General of the Supreme People's Procuracy or the Procurator-General of the provincial-level People's Procuracy files a protest, the decision on filing the protest along with the case file must be immediately sent to the court with supervisory review authority.
15. Amend and supplement Article 337 as follows:
"Article 337. Supervisory Review Authority
1. The Council of Judges of the provincial-level People's Court supervises judgments and decisions that have become legally binding of the regional People's Courts within their territorial jurisdiction that have been protested.
2. The Supreme People's Court Council of Judges supervises judgments and decisions that have become legally binding of the provincial-level People's Courts that have been protested as follows:
a) The Supreme People's Court Council of Judges examines supervisory review cases by a panel of five judges for judgments and decisions of provincial-level People's Courts that have been protested through the supervisory review procedure;
b) The entire Supreme People's Court Council of Judges examines supervisory review cases for judgments and decisions that have become legally binding as specified in point a of this clause but are complex in nature, or for judgments and decisions examined by a panel of five judges of the Supreme People's Court Council of Judges but did not reach a unanimous decision when voting on the resolution regarding the case resolution.
3. Complex cases as specified in point b of clause 2 of this Article are those falling under one of the following circumstances:
a) Legal provisions concerning issues to be resolved in the case are unclear or have not been uniformly applied;
b) There are differing opinions on the evaluation of evidence and application of laws;
c) The resolution of the case involves public interest, state interests, or the protection of human rights and citizens' rights which are of particular concern to public opinion.
4. The President of the provincial-level People's Court considers and decides on the organization of supervisory review trials as stipulated in clause 1 of this Article. The President of the Supreme People's Court considers and decides on the organization of supervisory review trials in cases as stipulated in clause 2 of this Article.
5. In cases where judgments and decisions that have become legally binding concerning the same civil case fall within the supervisory review authority of both the provincial-level People's Court and the Supreme People's Court, the Supreme People's Court has the supervisory review authority over the entire case.
16. Amend and supplement Clause 5 and Clause 6 of Article 341 as follows:
"5. When the Council of Judges of the provincial-level People's Court examines cases according to Clause 1 of Article 337 of this Code, the trial session must have at least two-thirds of the total number of members participating; the decision of the Council of Judges must be approved by more than half of the total number of members of the Council of Judges.
6. In cases where the Supreme People's Court Council of Judges examines cases according to point a of Clause 2 of Article 337 of this Code, the decision of the panel must be approved by all members participating in the Council. In cases where examinations are conducted according to point b of Clause 2 of Article 337 of this Code, the trial session of the entire Supreme People's Court Council of Judges must have at least two-thirds of the total number of members participating; the decision of the Supreme People's Court Council of Judges must be approved by more than half of the total number of members of the Supreme People's Court Council of Judges."
17. Amend and supplement Point b of Clause 2 of Article 348 as follows:
"b) Names and positions of members of the supervisory review trial panel. In cases where the supervisory review trial panel is the Council of Judges of the provincial-level People's Court or the Supreme People's Court Council of Judges, record the name, position of the presiding judge, and the number of members participating in the trial;"
18. Amend and supplement Clause 1 and Clause 2 of Article 354 as follows:
"1. The President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuracy have the authority to file a protest under the re-examination procedure against judgments and decisions that have become legally binding of the provincial-level People's Courts; judgments and decisions that have become legally binding of other courts, when they consider it necessary, except for decisions of the Supreme People's Court Council of Judges.
2. The President of the provincial-level People's Court and the Procurator-General of the provincial-level People's Procuracy have the authority to file a protest under the re-examination procedure against judgments and decisions that have become legally binding of the regional People's Courts within their territorial jurisdiction.
19. Amend and supplement Article 405 as follows:
"Article 405. Jurisdiction to Examine the Legality of a Strike
1. The People's Court in the locality where the strike occurs has jurisdiction to examine the legality of the strike.
2. The Provincial People's Court has jurisdiction to hear appeals and protests against the decision of the People's Court in the locality regarding the legality of the strike within its territorial jurisdiction.
20. Amend and supplement Article 406 as follows:
"Article 406. Composition of the Board Examining the Legality of a Strike
1. The People's Court in the locality examining the legality of the strike shall form a Board consisting of three Judges.
2. The Provincial People's Court shall resolve appeals and protests against the decision on the legality of the strike by forming a Board consisting of three Judges.
21. Amend and supplement Clause 1 of Article 410 as follows:
"1. Immediately upon receiving the petition requesting examination, the President of the People's Court in the locality shall decide to establish the Board examining the legality of the strike and assign one Judge to preside over the resolution of the petition."
22. Amend and supplement Article 413 as follows:
"Article 413. Procedure and Formalities for Resolving Appeals and Protests Against Decisions on the Legality of a Strike
1. Immediately upon receiving the appeal petition or protest decision against the decision on the legality of the strike, the Provincial People's Court must issue a document requesting the People's Court that examined the legality of the strike to transfer the case file for review and resolution.
2. Within three working days from the date of receipt of the request document, the People's Court that issued the decision on the legality of the strike must transfer the case file to the Provincial People's Court for review and resolution.
3. Within two working days from the date of receipt of the case file, the President of the Provincial People's Court shall decide to establish the Board of Appeal examining the legality of the strike and assign one Judge to preside over the study of the file. Within five working days from the date the Provincial People's Court receives the case file, the Board of Appeal must conduct the examination of the appeal and protest against the decision on the legality of the strike. The decision of the Board of Appeal examining the legality of the strike of the Provincial People's Court is the final decision.
23. Amend and supplement Article 421 as follows:
"Article 421. Jurisdiction of the Court to Seize Aircrafts and Ships
1. The People's Court in the locality where there is an international airport or airfield where the aircraft requested to be seized lands has jurisdiction to decide to seize the aircraft.
2. The People's Court in the locality where there is a seaport or inland waterway port where the ship requested to be seized is operating has jurisdiction to decide to seize the ship. In cases where the port has multiple berths located in the jurisdictions of different local People's Courts, the People's Court in the locality where the berth at which the ship requested to be seized is operating has jurisdiction to decide to seize that ship.
24. Amend and supplement Article 426 as follows:
"Article 426. Ensuring the Right to Appeal and Protest
The parties have the right to appeal, and the People's Procuracy in the locality and the Provincial People's Procuracy have the right to protest the court's decision recognizing and enforcing or not recognizing foreign civil judgments and decisions, or foreign arbitral awards, to request the Provincial People's Court to reconsider according to this Code.
25. Amend and supplement Article 435 as follows:
"Article 435. Transfer of Files to the Court
In case the Ministry of Justice receives a request for filing and the documents and materials specified in Clause 1 of Article 434 of this Code, within five working days from the date of receipt of the file, the Ministry of Justice must transfer it to the competent court as prescribed in Articles 35 and 39 of this Code."
26. Amend and supplement Clause 2 of Article 442 as follows:
"2. The Procurator of the People's Procuracy of the region or the Procurator of the People's Procuracy of the province has the right to lodge a protest against the decision of the court stipulated in Clause 4 and Clause 5 of Article 437 and Clause 5 of Article 438 of this Code. The time limit for the People's Procuracy of the region to lodge a protest is seven days, and for the People's Procuracy of the province is ten days, counted from the day the Procuracy receives the decision."
27. Amend and supplement some clauses of Article 443 as follows:
a) Amend and supplement Clause 1 and Clause 2 as follows:
"1. The People's Court of the province shall examine the decision of the People's Court of the region within its territorial jurisdiction upon appeal or protest within one month from the date of receipt of the file; if it is necessary to request an explanation according to Clause 1 and Clause 2 of Article 437 of this Code, this period may be extended but not exceeding two months.
2. The composition of the Council reviewing the appealed or protested decision includes three Judges, among whom one Judge acts as the presiding Judge according to the assignment of the President of the People's Court of the province. The session to review the appealed or protested decision shall be conducted like the session to examine the application for filing as prescribed in Article 438 of this Code.";
b) Amend and supplement Clause 4 as follows:
"4. The decision of the People's Court of the province takes legal effect from the date of issuance and can be protested according to the cassation and revision procedures as prescribed in this Code."
28. Amend and supplement Clause 2 of Article 461 as follows:
"2. The Procurator of the People's Procuracy of the region or the Procurator of the People's Procuracy of the province has the right to lodge a protest against the decision of the court stipulated in Clause 2 and Clause 3 of Article 457 and Clause 5 of Article 458 of this Code. The time limit for the People's Procuracy of the region to lodge a protest is seven days, and for the People's Procuracy of the province is ten days, counted from the day the Procuracy receives the decision."
29. Amend and supplement some clauses of Article 462 as follows:
a) Amend and supplement Clause 1 and Clause 2 as follows:
"1. The People's Court of the province shall review the decision of the People's Court of the region that has been appealed or protested within one month from the date of receipt of the file; if it is necessary to request an explanation according to Clause 1 of Article 457 of this Code, this period may be extended but not exceeding two months.
2. The composition of the Council reviewing the appealed or protested decision includes three Judges, among whom one Judge acts as the presiding Judge according to the assignment of the President of the People's Court of the province. The session to review the appealed or protested decision shall be conducted like the session to examine the application for filing as prescribed in Article 458 of this Code.";
b) Amend and supplement Clause 6 as follows:
"6. The decision of the People's Court of the province takes legal effect from the date of issuance and can be protested according to the cassation and revision procedures as prescribed in this Code."
30. Amend and supplement Clause 1 of Article 488 as follows:
"1. The authority of the court to examine requests for exemption or reduction of execution obligations concerning payments to the state budget is determined as follows:
a) The People's Court of the region where the civil enforcement agency is located and carries out the execution proceedings has the authority to examine requests for exemption or reduction of execution obligations concerning payments to the state budget;
b) The People's Court of the province has the authority to examine according to the appellate procedure the decision on exemption or reduction of execution obligations concerning payments to the state budget made by the court which has been protested by the Procuracy;
c) The People's Court of the province has the authority to examine according to the revision procedure the decision on exemption or reduction of execution obligations concerning payments to the state budget that has taken legal effect from the People's Court of the region within its territorial jurisdiction and has been protested;
d) The Supreme People's Court has the authority to examine according to the revision procedure the decision on exemption or reduction of execution obligations concerning payments to the state budget that has taken legal effect from the People's Court of the province and has been protested."
31. Replace the phrase "Committee for Legal Affairs and Judicial Affairs of the National Assembly" with the phrase "Committee for Legal Affairs and Judicial Affairs of the National Assembly" at Clause 1 and Clause 3 of Article 358, Clauses 1, 2, 3, and 7 of Article 359.
32. Replace the phrase "Court Examiner" with the phrase "Court Examiner" at Clause 1 of Article 16, point a of Clause 2 of Article 46, points b and c of Clause 1 of Article 47, Clause 11 of Article 48, Article 50, Article 54, Article 55, Clause 2 of Article 60, point c of Clause 2 of Article 80, point c of Clause 2 of Article 82, Clause 4 of Article 97, Clause 3 of Article 208, Clause 1 of Article 504.
33. Replace the phrase "Police Station of Commune, Ward, Town" with the phrase "Police Station of Commune, Ward, Special Zone" at Clause 2 of Article 98, Clauses 1, 2, and 4 of Article 101, Clause 4 and Clause 5 of Article 177.
34. Repeal Clause 4 of Article 34.
Article 2. Amending and supplementing some articles of the Administrative Procedure Law
1. Amending and supplementing Article 24 as follows:
"Article 24. Supervision of the trial process
The Supreme People's Court supervises the trial process of the courts; the Provincial People's Court supervises the trial process of the District People's Courts within its territorial jurisdiction to ensure strict and consistent application of the law.
2. Amending and supplementing Clause 2 of Article 30 as follows:
"2. Complaint against disciplinary decisions compelling termination of employment for civil servants holding positions below Deputy Minister and equivalent positions."
3. Amending and supplementing Article 31 as follows:
"Article 31. Jurisdiction of the District People's Court
The District People's Court has jurisdiction to resolve the following complaints at first instance:
1. Complaints against administrative decisions and administrative acts of state agencies at commune level and persons with authority in those agencies within the territorial jurisdiction of the District People's Court.
2. Complaints against administrative decisions and administrative acts of state agencies at provincial level and below, and persons with authority in those agencies at provincial level and below, except for the cases stipulated in Clause 1 of this Article, which are determined as follows:
a) In cases where the plaintiff resides, works, or has an office within the same administrative boundary of the province as the defendant, the jurisdiction to resolve the complaint belongs to the court where the plaintiff resides, works, or has an office;
b) In cases where the plaintiff does not reside, work, or have an office within the same administrative boundary of the province as the defendant, the jurisdiction to resolve the complaint belongs to the court where the administrative decision or administrative act being challenged originated, changed, restricted, or terminated the legitimate rights and interests of the plaintiff.
3. Complaints against administrative decisions and administrative acts of Ministries, ministerial-level agencies, government agencies, Officeof the President, Office of the National Assembly, State Audit Agency, Supreme People's Court, Supreme People's Procuracy, Supreme People's Procuracy and of persons with authority in these state agencies this when the plaintiff resides, works, or has an office within the territorial jurisdiction of the District People's Court; if the plaintiff does not reside, work, or have an office within Vietnam, the jurisdiction to resolve the complaint belongs to the court where the agency or person issuing the administrative decision or administrative act is located.
4. Complaints against administrative decisions and administrative acts of representative offices of the Socialist Republic of Vietnam abroad or of persons with authority in those offices when the plaintiff resideswithin the territorial jurisdiction of the District People's Court; if the plaintiff does not reside in Vietnam, the court with jurisdiction is one of the courts This Circular takes effect from August 1, 2022./. people area in Hanoi City or Ho Chi Minh City according to the choice of the plaintiff.
5. Complaints against disciplinary decisions compelling termination of employment issued by heads of agencies, organizations at provincial level and below, central ministries, and sectors where the plaintiff worked when disciplined within the territorial jurisdiction of of the This Circular takes effect from August 1, 2022./. people District.
6. Complaints against voter lists compiled by the voter registration agency within the territorial jurisdiction of of the This Circular takes effect from August 1, 2022./. people of the District.
7. Complaints against decisions resolving complaints about competition case handling decisions, decisions resolving complaints in state audit activities where the plaintiff resides, works, or has an office within the territorial jurisdiction of of the This Circular takes effect from August 1, 2022./. people District.
8. Complaints against administrative decisions and administrative acts regarding intellectual property and technology transfer where the plaintiff resides, works, or has an office within the territorial jurisdiction of of the This Circular takes effect from August 1, 2022./. people area.
9. The Supreme People's Court shall provide guidance on the implementation of this provision.”.
4. Supplementing Article 31a after Article 31 as follows:
"Article 31a. Jurisdiction of specialized courts of the People's Court at the provincial level
1. The Administrative Court of the People's Court at the provincial level shall have jurisdiction to hear first-instance cases as provided for in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 31 of this Law.
2. The Intellectual Property Court of the People's Court at the provincial level shall have jurisdiction to hear first-instance cases concerning administrative decisions and administrative acts related to intellectual property and technology transfer as provided for in Clause 8 of Article 31 of this Law.
3. For People's Courts at the provincial level that do not yet have an Administrative Court, the President of the Court shall be responsible for organizing trial work and assigning judges to resolve cases within the jurisdiction of the People's Court at the provincial level.
5. Amend and supplement Article 32 as follows:
"Article 32. Jurisdiction of the Provincial People's Court
The Provincial People's Court shall have jurisdiction to hear second-instance appeals against judgments and decisions of the People's Court at the provincial level that have not yet taken legal effect, and to review judgments and decisions of the People's Court at the provincial level that have taken legal effect but have been appealed according to this Law.
6. Add Article 32a after Article 32 as follows:
"Article 32a. Jurisdiction of specialized courts of the Provincial People's Court
The Administrative Court of the Provincial People's Court shall have jurisdiction to hear second-instance appeals against judgments and decisions of the People's Court at the provincial level that have not yet taken legal effect, according to this Law.
7. Amend and supplement Clause 7 of Article 34 as follows:
"7. The President of the Provincial People's Court shall resolve disputes over jurisdiction to hear administrative cases among People's Courts at the provincial level within the same province or city. The President of the Supreme People's Court shall resolve disputes over jurisdiction among People's Courts at the provincial level in different provinces or cities."
8. Amend and supplement Clause 3 and Clause 4 of Article 46 as follows:
"3. They have participated in the resolution of that administrative case through first-instance, second-instance, supervisory review, or retrial procedures and issued first-instance judgments; second-instance judgments or decisions; supervisory review or retrial decisions; and decisions to terminate proceedings or recognize successful mediation results, except where they are members of the Supreme People's Court's Judicial Council or the Provincial People's Court's Judicial Committee who participate in the supervisory review or retrial proceedings;
4. They were prosecutors in that case as court examiners, court clerks, public prosecutors, or inspection officers."
9. Amend and supplement the name of the Article and Clause 1 of Article 49 as follows:
a) Amend and supplement the name as follows:
"Article 49. Decision on changing Judges, People's Assessors, Court Examiners, and Court Clerks";
b) Amend and supplement Clause 1 of Article 49 as follows:
"1. Before the opening of the trial session, the decision to change Judges, People's Assessors, Court Examiners, and Court Clerks shall be made by the President of the Court. In the event that the Judge being changed is the President of the Court, it shall be handled as follows:
a) The Judge who is the President of the People's Court at the provincial level shall be decided by the President of the Provincial People's Court;
b) The Judge who is the President of the Provincial People's Court shall be decided by the President of the Supreme People's Court."
10. Amend and supplement Clause 1 and Clause 2 of Article 112 as follows:
"1. The President of the People's Court at the provincial level has the right to propose amendments, supplements, or abolition of normative legal documents of state agencies from the provincial level downwards; report to the President of the Provincial People's Court to request the President of the Supreme People's Court to propose amendments, supplements, or abolition of normative legal documents of central-level state agencies.
2. The President of the Provincial People's Court has the right to propose amendments, supplements, or abolition of normative legal documents of state agencies from the provincial level downwards; request the President of the Supreme People's Court to propose amendments, supplements, or abolition of normative legal documents of central-level state agencies."
11. Amend and supplement Clause 3 of Article 256 as follows:
"3. The President of the People's Court at the provincial level may propose to the President of the Provincial People's Court or the President of the Supreme People's Court, and the President of the Provincial People's Court may propose to the President of the Supreme People's Court to consider lodging a supervisory review protest against judgments and decisions of the Court that have taken legal effect if there is evidence of any of the grounds specified in Clause 1 of Article 255 of this Law."
12. Amend and supplement Article 260 as follows:
"Article 260. Persons with Authority to File a Protest under the Supervisory Review Procedure
1. The President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have the authority to file a protest under the supervisory review procedure against judgments and decisions that have become legally binding of provincial courts; other judgments and decisions that have become legally binding when they deem it necessary, except for decisions of the Supreme People's Court Council of Judges.
2. The President of the provincial court and the Procurator General of the provincial people's procuracy have the authority to file a protest under the supervisory review procedure against judgments and decisions that have become legally binding of the people's court in the region within their territorial jurisdiction.
13. Amend and supplement Clauses 2, 3, and 4 of Article 264 as follows:
"2. In cases where the President of the Supreme People's Court or the President of the provincial court files a protest, the decision on the protest together with the case file must be immediately sent to the procuratorate at the same level. Within fifteen days from the date of receipt of the case file, the procuratorate shall study and transfer the case file to the court with supervisory review authority.
3. In cases where the Procurator General of the Supreme People's Procuracy or the Procurator General of the provincial people's procuracy files a protest, the decision on the protest together with the case file must be immediately sent to the court with supervisory review authority.
4. In cases where the President of the Supreme People's Court files a protest against judgments and decisions that have become legally binding of other courts as provided for in Clause 1 of Article 260 of this Law, he has the right to assign the provincial court to hear the case according to the supervisory review procedure."
14. Amend and supplement Article 266 as follows:
"Article 266. Supervisory Review Authority
1. The Council of Judges of the provincial-level People's Court supervises judgments and decisions that have become legally binding of the regional People's Courts within their territorial jurisdiction that have been protested.
2. The Supreme People's Court Council of Judges supervises judgments and decisions that have become legally binding of provincial courts which have been protested as follows:
a) The Supreme People's Court Council of Judges reviews supervisory cases by a panel of five judges for judgments and decisions of provincial courts protested through the supervisory review procedure;
b) The entire Supreme People's Court Council of Judges reviews supervisory cases for judgments and decisions provided for in point a of this clause but are complex in nature or for judgments and decisions reviewed by a panel of five judges but did not reach a unanimous decision during voting on the resolution of the case.
3. Complex cases as provided for in point b of Clause 2 of this article are those cases falling under one of the following circumstances:
a) Legal provisions regarding issues to be resolved in the case are unclear or have not been uniformly applied;
b) There are differing opinions on the evaluation of evidence and application of laws;
c) The resolution of the case involves public interest, state interests, or the protection of human rights and citizens' rights which are of particular concern to public opinion.
4. The President of the provincial court examines and decides on organizing the supervisory review hearing as provided for in Clause 1 of this article. The President of the Supreme People's Court examines and decides on organizing the supervisory review hearing in cases provided for in Clause 2 of this article.
5. In cases where judgments and decisions that have become legally binding about the same administrative case both fall within the supervisory review authority of the provincial court and the Supreme People's Court, the Supreme People's Court has the supervisory review authority over the entire case."
15. Amend and supplement Clause 5 and Clause 6 of Article 270 as follows:
"5. The Provincial People's Court Council of Judges hearing cases as provided for in Clause 1 of Article 266 of this Law must have at least two-thirds of the total number of members participating in the trial session; the decision of the Council of Judges must be approved by more than half of the total number of members of the Council of Judges.
6. The Supreme People's Court Council of Judges hearing cases as provided for in point a of Clause 2 of Article 266 of this Law must have all members participating in the Council vote in favor of the decision. In cases heard as provided for in point b of Clause 2 of Article 266 of this Law, the trial session of the entire Supreme People's Court Council of Judges must have at least two-thirds of the total number of members participating; the decision of the Council of Judges must be approved by more than half of the total number of members of the Council of Judges."
16. Amend and supplement Point b of Clause 2 of Article 277 as follows:
"b) Names and positions of members of the supervisory review panel. In cases where the supervisory review panel is the Provincial People's Court Council of Judges or the Supreme People's Court Council of Judges, record the name, position of the presiding judge and the number of members participating in the hearing;"
17. Amend and supplement Clause 3 of Article 282 as follows:
"3. In cases where new facts of the case are discovered, the President of the People's Court in the region may recommend to the President of the provincial court or to the President of the Supreme People's Court for filing a protest under the re-examination procedure. The President of the provincial court may recommend to the President of the Supreme People's Court for filing a protest under the re-examination procedure."
18. Amend and supplement Clause 1 and Clause 2 of Article 283 as follows:
"1. The President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have the authority to file a protest under the re-examination procedure against judgments and decisions that have become legally binding of provincial courts; judgments and decisions that have become legally binding of other courts when they deem it necessary, except for decisions of the Supreme People's Court Council of Judges.
2. The President of the provincial court and the Procurator General of the provincial people's procuracy have the authority to file a protest under the re-examination procedure against judgments and decisions that have become legally binding of the people's court in the region within their territorial jurisdiction."
19. Replace the phrase "the same-level civil enforcement agency" with the phrase "the competent civil enforcement agency" in Clause 2 of Article 75, Clause 2 of Article 77, Clause 3 of Article 196, Clause 1 of Article 197.
20. Replace the phrase "the civil enforcement agency at the same level as the court that initially tried the case" with the phrase "the competent civil enforcement agency" in Point b of Clause 2 of Article 311.
21. Replace the phrase "the Committee for Judicial Affairs of the National Assembly" with the phrase "the Committee for Legislative and Judicial Affairs of the National Assembly" in Point b of Clause 1 and Clause 3 of Article 287, Article 288, Clause 1 of Article 289, Article 290, Clauses 2, 3, and 5 of Article 291, Article 292, and Article 297.
22. Replace the term "Inspector" with the term "Court Inspector" in Clause 1 Article 14, Point a Clause 2 Article 36, Point b Clause 1 Article 37, Article 40, Article 47, Article 48, Clause 2 Article 50, Point d Clause 3 Article 63, Point c Clause 3 Article 64, Clause 4 Article 84, Clause 1 Article 332.
23. Replace the term "Police Station, Ward, Town Police" with the term "Police Station, Ward, Special Zone Police" in Clause 2 Article 85, Clauses 1, 2 and 4 Article 88, Clause 3 and Clause 4 Article 106.
Article 3. Amend and supplement some articles of the Law on Juvenile Justice
1. Amend and supplement Point a Clause 3 and Point b Clause 5 Article 56 as follows:
a) Amendments and supplements to Point a Clause 3 as follows:
"a) Deliver the decision to the juvenile suspect, their representative; send it to the competent People's Procuracy, the victim; send it to the competent Investigative Agency when the People's Procuracy issues the decision;"
b) Amend and supplement Point b Clause 5 as follows:
"b) Send the decision on applying educational measures at a reformatory school and a copy of the social investigation report to the criminal enforcement agency of the provincial police where the juvenile resides;"
2. Amend and supplement Point c and Point d Clause 6 Article 62 as follows:
"c) Send the decision to the competent civil enforcement agency;"
"d) Send the decision on applying educational measures at a reformatory school and a copy of the social investigation report to the criminal enforcement agency of the provincial police where the juvenile resides;"
3. Amend and supplement Clause 2 Article 72 as follows:
"2. Within three days from the date of issuing the decision, the authority responsible for handling complaints and petitions must send the decision on handling complaints and petitions to the person who lodged the complaint or petition, the competent People's Procuracy, the agency that issued the decision on applying diversion measures; the juvenile and their representative, the criminal enforcement agency of the provincial police where the juvenile resides in the case provided for in Point a and Point b Clause 1 of this Article."
4. Amend, supplement, and replace terms in some clauses of Article 73 as follows:
a) Replace the term "Police Station, Ward, Town Police" with the term "Police Station, Ward, Special Zone Police" in Clause 2;
b) Amend and supplement Clause 4 as follows:
"4. The execution of decisions on applying diversion measures for compensation of damage by Investigative Agencies and People's Procuracies shall be regulated as follows:
a) The competent civil enforcement agency shall execute the decision of the Investigative Agency and the People's Procuracy;
b) The military enforcement agency at the military region level shall execute the decision of the Investigative Agency in the Military and the Military Procuracy;
c) The procedure for executing the decision provided for in this clause shall be carried out in accordance with the provisions of the law on civil enforcement."
5. Amend, supplement, and replace terms in some points and clauses of Article 113 as follows:
a) Replace the term "criminal enforcement agency of the provincial police" with the term "criminal enforcement agency of the provincial police" in Points a, b, c and đ Clause 1, Clause 3;
b) Amend and supplement Clause 2 as follows:
"2. The People's Procuracy directly supervises the handling of complaints and denunciations by the Court, the management agency for criminal enforcement, and the criminal enforcement agency. When supervising the handling of complaints and denunciations in the implementation of educational measures at a reformatory school, the People's Procuracy has the right to request the Court, the management agency for criminal enforcement, and the competent criminal enforcement agency to perform the following tasks: issue a document resolving complaints and denunciations; inspect the handling of complaints and denunciations within their jurisdiction and those of subordinate agencies; notify the results of the resolution to the People's Procuracy; provide relevant files and materials related to the handling of complaints and denunciations to the People's Procuracy."
6. Amend and supplement some clauses of Article 142 as follows:
a) Add Clause 4a after Clause 4 as follows:
"4a. In cases where a mid-level investigator or senior investigator serving as Chief of Village Police or Deputy Chief of Village Police is assigned by the Head of the Investigative Agency at the provincial level to conduct preliminary investigation and investigation of minor, serious crimes occurring in the village area according to Clause 2 Article 37 of the Criminal Procedure Code, they have the authority of the Head or Deputy Head of the Investigative Agency to apply diversion measures and other procedural measures against juveniles in accordance with this Law and the Criminal Procedure Code;"
b) Amend and supplement Clause 5 as follows:
"5. The Prosecutor General of the Supreme People's Procuracy shall take the lead and coordinate with the President of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense to specify Clause 4 and Clause 4a of this Article."
7. Replace the term "village, ward, town" with the term "village, ward, special zone" in Clause 4 Article 36 and Article 43.
8. Replace the term "administrative unit at the district level" with the term "administrative unit at the provincial level" in Point b Clause 2 Article 53.
9. Replace the term "criminal enforcement agency of the provincial police" with the term "criminal enforcement agency of the provincial police" in Clause 6 Article 66, Clause 12 Article 87, Clause 4 Article 88, Clauses 1, 2 and 3 Article 94, Point b Clause 1, Clause 2, Point b Clause 5, Clauses 6, 7, 8 and Clause 9 Article 95, Clause 3 and Clause 5 Article 96, Point a Clause 1 and Point a Clause 3 Article 97, Clause 3 Article 112, Clause 1 Article 171, Point c Clause 5 and Clause 6 Article 179. Replace the term "of the provincial police" with the term "of the competent police agency" in Point a Clause 3 Article 97.
10. Replace the term "People's Court at the district level" with the term "People's Court in the area" in Clause 1 Article 87, Clause 3 Article 95, Clause 2 Article 110, Clause 6 Article 179.
11. Replace the term "People's Procuracy at the district level" with the term "People's Procuracy in the area" in Clause 1 Article 106.
12. Replace the term "same-level People's Procuracy" with the term "competent People's Procuracy" in Clause 3, Clause 6 Article 55, Clause 4 Article 59, Clause 5 Article 60, Clause 1 Article 71, Clause 3 Article 139.
13. Remove the term ", Department of Education and Training" in Clause 3 Article 102.
14. Remove the term "same-level People's Procuracy or" in Clause 3 Article 137.
Article 4. Amending and supplementing certain articles of the Bankruptcy Law
"ARTICLE 8. ESTABLISHMENT OF NATIONAL CONSERVATION AREAS
"Article 8. Jurisdiction of People's Courts to settle bankruptcy cases
1. The Bankruptcy Court of the People's Court of the region shall have jurisdiction to settle bankruptcy cases for enterprises and cooperatives with their main offices within the territorial jurisdiction of that Bankruptcy Court.
2. The Supreme People's Court shall provide guidance on the implementation of this Article."
Article 5. Amending and supplementing certain articles of the Law on Mediation and Dialogue at Court
1. Amend and supplement Point c Clause 1 Article 8 as follows:
"c) Selecting mediators from the list of mediators of the court having jurisdiction over civil cases or administrative complaints, or another People's Court within the same provincial administrative boundary;"
2. Replacing the phrase "People's Court of district level" with the phrase "People's Court of region" in Clause 3, Article 7, Clause 7, Article 16, Clause 3, Article 17, and Clause 3, Article 18.
3. Abolishing Points a, d, and đ Clause 2, Article 7.
Article 6. Effectiveness
This Law shall take effect from July 1, 2025, except where otherwise provided in the Law on Juvenile Justice.
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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 9th Session of the 15th Legislature, on June 25, 2025.
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SPEAKER OF THE NATIONAL ASSEMBLY (Signed) Tran Thanh Man |
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