Law amend Bankruptcy Law and Civil Procedure Code 2025, No. 85/2025/QH15

LAW

Amending and Supplementing a Number of Articles of the Civil Procedure Code, the Law on Administrative Procedures, the Law on Justice for Minors, the Law on Bankruptcy and the Law on Mediation and Dialogue at Court^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Civil Procedure Code No. 92/2015/QH13, which has a number of articles amended and supplemented under Law No. 45/2019/QH14, Law No. 59/2020/QH14, Law No. 13/2022/QH15, Law No. 19/2023/QH15, Law No. 34/2024/QH15 and Law No. 46/2024/QH15; Law No. 93/2015/QH13 on Administrative Procedures, which has a number of articles amended and supplemented under Law No. 55/2019/QH14 and Law No. 34/2024/QH15; Law No. 59/2024/QH15 on Justice for Minors; Law No. 51/2014/QH13 on Bankruptcy; and Law No. 58/2020/QH14 on Mediation and Dialogue at Court.

Article 1. To amend and supplement a number of articles of the Civil Procedure Code

1. To amend and supplement Article 18 as follows:

“Article 18. Supervision of trials

The Supreme People’s Court shall supervise trials conducted by the Courts; the People’s Courts of provinces and cities (below referred to as provincial-level People’s Courts) shall supervise trials conducted by regional People’s Courts within their territorial jurisdiction to ensure the strict and uniform application of law.”.

2. To amend and supplement Article 35 as follows:

“Article 35. Jurisdiction of regional People’s Courts

Regional People’s Courts have the jurisdiction to resolve according to the first-instance procedures the disputes specified in Articles 26, 28, 30 and 32 of this Code; and to resolve the requests specified in Articles 27, 29, 31 and 33 of this Code, except requests to cancel arbitral awards or register ad-hoc arbitral awards under the jurisdiction of a number of provincial-level People’s Courts as prescribed in Clause 2, Article 37 of this Code.”.

3. To amend and supplement Article 36 as follows:

“Article 36. Jurisdiction of specialized courts of regional People’s Courts

1. The Civil Tribunal of a regional People’s Court has the jurisdiction to resolve civil and labor cases and matters according to the first-instance procedures, except cases and matters under the jurisdiction of the Intellectual Property Tribunal of the regional People’s Court as prescribed in Clause 3 of this Article.

2. The Economic Tribunal of a regional People’s Court has the jurisdiction to resolve business and commercial cases and matters according to the first-instance procedures, except cases and matters under the jurisdiction of the Intellectual Property Tribunal of the regional People’s Court as prescribed in Clause 3 of this Article.

3. The Intellectual Property Tribunal of a regional People’s Court has the jurisdiction to resolve civil, business and commercial cases and matters involving intellectual property rights and technology transfer according to the first-instance procedures.

4. The Family and Juvenile Tribunal of a regional People’s Court has the jurisdiction to resolve marriage and family cases and matters according to the first-instance procedures.

5. For a regional People’s Court that has not yet established any specialized tribunal, the Chief Justice of the Court shall organize trials and assign judges to resolve cases and matters under the Court’s jurisdiction.”.

4. To amend and supplement Article 37 as follows:

“Article 37. Jurisdiction of provincial-level People’s Courts

1. Provincial-level People’s Courts have the jurisdiction to resolve according to the appellate procedures the cases and matters in which judgments and rulings of regional People’s Courts that have not yet taken legal effect are appealed or protested; and to conduct cassation or reopening reviews of judgments and rulings of regional People’s Courts that have taken legal effect and are protested against in against accordance with this Code.

2. Provincial-level People’s Courts have the jurisdiction to resolve requests to cancel arbitral awards and register ad-hoc arbitral awards in accordance with the Law on Commercial Arbitration.”.

5. To amend and supplement Article 38 as follows:

“Article 38. Jurisdiction of specialized courts of provincial-level People’s Courts

1. The Civil Tribunal of a provincial-level People’s Court has the jurisdiction to resolve according to the appellate procedures the cases and matters in which civil judgments and rulings of regional People’s Courts that have not yet taken legal effect are appealed or protested against in accordance with this Code, except civil cases and matters on intellectual property rights and technology transfer as prescribed in Clause 3 of this Article.

2. The Family and Juvenile Tribunal of a provincial-level People’s Court has the jurisdiction to resolve according to the appellate procedures the cases and matters in which judgments and rulings of regional People’s Courts on marriage and family that have not yet taken legal effect and are appealed or protested against in accordance with this Code.

3. The Economic Tribunal of a provincial-level People’s Court has the jurisdiction to resolve according to the appellate procedures the cases and matters in which judgments and rulings of regional People’s Courts on business and commerce; and civil judgments and rulings of regional People’s Courts on intellectual property rights or technology transfer that have not yet taken legal effect and are appealed or protested against in accordance with this Code.

The Economic Tribunals of a number of provincial-level People’s Courts have the jurisdiction to resolve requests to cancel arbitral awards and register ad-hoc arbitral awards.

4. The Labor Tribunal of a provincial-level People’s Court has the jurisdiction to resolve according to the appellate procedures the cases and matters in which labor judgments and rulings of regional People’s Courts have not taken legal effect and are appealed or protested against in accordance with this Code.”.

6. To amend and supplement Article 41 as follows:

“Article 41. Transfer of civil cases and matters to other courts; resolution of disputes over jurisdiction

1. If a civil case or matter has been accepted but is not under the jurisdiction of the Court that accepted it, that Court shall issue a decision to transfer the case file to a competent court and remove the case from the case register. This decision shall be immediately sent to the same-level People’s Procuracy, the involved parties, and related agencies, organizations and individuals.

The involved parties and related agencies, organizations and individuals have the right to lodge complaints, and the People’s Procuracy has the right to make a recommendation against this decision within 3 working days from the date of receipt of the decision. Within 3 working days from the date of receipt of the complaint or recommendation, the Chief Justice of the Court that issued the transfer decision shall resolve the complaint or recommendation. The decision of the Chief Justice of the Court is final.

2. Disputes over jurisdiction between regional People’s Courts in the same province or city shall be resolved by the Chief Justice of the provincial-level People’s Court.

3. Disputes over jurisdiction between regional People’s Courts in different provinces or cities shall be resolved by the Chief Justice of the Supreme People’s Court.

4. Disputes over jurisdiction between provincial-level People’s Courts shall be resolved by the Chief Justice of the Supreme People’s Court.”.

7. To amend and supplement Clauses 3 and 4, Article 53 as follows:

“3. They have participated in resolving the civil case or matter according to the first-instance, appellate, cassation or reopening procedures and have issued a first-instance judgment, appellate judgment or decision, cassation or reopening decision, decision to resolve the civil matter, decision to terminate the resolution of the case or matter, or decision to recognize agreements of the involved parties, except cases in which they are members of the Council of Justices of the Supreme People’s Court or the Judicial Committee of a provincial-level People’s Court, they may still participate in resolving the case or matter according to the cassation or reopening procedures;

4. They have conducted the proceedings in that case or matter as a court evaluator, court clerk, procurator or controller.”.

8. To amend and supplement Article 56 as follows:

“Article 56. Decisions on replacement of judges, people’s assessors, court evaluators and court clerks

1. Before opening a hearing, the replacement of judges, people’s assessors, court evaluators or court clerks shall be decided by the Chief Justice of the Court. In case the to-be-replaced judge is the Chief Justice of the Court, the competence to decide on the replacement is as follows:

a/ If the to-be-replaced judge is the Chief Justice of a regional People’s Court, the replacement shall be decided by the Chief Justice of the provincial-level People’s Court;

b/ If the to-be-replaced judge is the Chief Justice of a provincial-level People’s Court, the replacement shall be decided by the Chief Justice of the Supreme People’s Court.

2. During a hearing, the replacement of judges, people’s assessors, court evaluators or court clerks shall be decided by the Trial Panel after hearing the opinions of the person requested to be replaced. The Trial Panel shall discuss in the deliberation room and decide by majority. In case the judge, people’s assessor, court evaluator or court clerk is to be replaced, the Trial Panel shall decide to adjourn the trial hearing. The Chief Justice of the Court shall decide to appoint the replacing judge, people’s assessor, court evaluator or court clerk. If the to-be-replaced person is the Chief Justice of the Court, the competence to decide on the replacement must comply with Clause 1 of this Article.

3. The replacement of judges and court clerks when resolving civil matters must comply with Clauses 1 and 2, Article 368 of this Code.

4. Within 3 working days from the date of adjournment of the hearing or meeting, the Chief Justice of the Court shall appoint another person as replacement.”.

9. To amend and supplement Clause 1, Article 66 as follows:

“1. The Judicial Committee of a provincial-level People’s Court shall conduct cassation and reopening trials by a Trial Panel consisting of the entire Judicial Committee of the provincial-level People’s Court.”.

10. To amend and supplement or a number of clauses of Article 194 as follows:

a/ To amend and supplement Clause 6 as follows:

“6. Within 10 days from the date of receipt of a complaint or recommendation concerning the return of the lawsuit, the Chief Justice of the Court at the immediate higher level shall issue one of the following decisions:

a/ Decision to uphold the return of the lawsuit;

b/ Decision to request the First-Instance Court to receive the lawsuit and accompanying documents and evidence to proceed with the acceptance of the case.

The decision of the Chief Justice of the Court at the immediate higher level to resolve the complaint or recommendation shall take effect and be immediately sent to the plaintiff, the same-level People’s Procuracy, the People’s Procuracy that made the recommendation and the Court that issued the decision to return the lawsuit. The decision of the Chief Justice of the Court at the immediate higher level to resolve the complaint or recommendation is final.”;

b/ To annul Clause 7.

11. To amend and supplement Clause 1, Article 315 as follows:

“1. Within 15 days after issuing the appellate judgment or ruling, the Appellate Court shall send the appellate judgment or ruling to the Court that tried the case according to the first-instance procedures, the same-level People’s Procuracy, the competent civil enforcement agency, the appellant, and the persons whose rights and obligations are related to the appeal or protest or their lawful representatives.”.

12. To amend and supplement Clause 3, Article 327 as follows:

“3. The Chief Justice of a regional People’s Court may recommend the Chief Justice of the provincial-level People’s Court or the Chief Justice of the Supreme People’s Court, or the Chief Justice of the provincial-level People’s Court may recommend the Chief Justice of the Supreme People’s Court to consider to protest according to the cassation procedures against the court’s judgment or ruling that has taken legal effect if he/she finds that there are grounds specified in Clause 1, Article 326 of this Code.”.

13. To amend and supplement Article 331 as follows:

“Article 331. Persons competent to lodge protests according to the cassation procedures

1. The Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy have the competence to file protests according to the cassation procedures against judgments and rulings of provincial-level People’s Courts that have taken legal effect; judgments and rulings of other courts that have taken legal effect, when deemed necessary, except decisions of the Council of Justices of the Supreme People’s Court.

2. The Chief Justice of a provincial-level People’s Court and the Chief Procurator of a provincial-level People’s Procuracy have the right to file protests according to the cassation procedures against judgments and rulings of regional People’s Courts within their territorial jurisdiction that have taken legal effect.”.

14. To amend and supplement Article 336 as follows:

“Article 336. Sending of decisions to protest against judgments or rulings according to the cassation procedures

1. The decision to protest according to the cassation procedures shall be immediately sent to the Court that issued the judgment or ruling that has taken legal effect and is protested against, the involved parties, the competent civil judgment enforcement agency, and other persons with rights and obligations related to the content of the protest.

2. In case the Chief Justice of the Supreme People’s Court or the Chief Justice of the provincial-level People’s Court files a protest, the protest decision and the case file shall be immediately sent to the same-level People’s Procuracy. The People’s Procuracy shall study the case file within 15 days from the date of receiving it; after this period, the People’s Procuracy shall transfer the case file to the Court with the jurisdiction to conduct cassation reviews.

3. In case the Procurator General of the Supreme People’s Procuracy or the Chief Procurator of the provincial-level People’s Procuracy lodges a protest, the protest decision and the case file shall be immediately sent to the Court with the jurisdiction to conduct cassation reviews.”.

15. To amend and supplement Article 337 as follows:

“Article 337. Jurisdiction to conduct cassation reviews

1. The Judicial Committee of a provincial-level People’s Court may conduct cassation reviews of judgments and rulings of the regional People’s Courts within its territorial jurisdiction that have taken legal effect and are protested against.

2. The Council of Justices of the Supreme People’s Court may conduct cassation reviews of judgments and rulings of the provincial-level People’s Courts that have taken legal effect and are protested against, as follows:

a/ The Council of Justices of the Supreme People’s Court shall conduct a cassation review by a five-judge trial panel for judgments and rulings of the provincial-level People’s Courts that are protested against according to the cassation procedures;

b/ The entire Council of Justices of the Supreme People’s Court shall conduct a cassation review of judgments and rulings that have taken legal effect, specified at Point a of this Clause, and are complex in nature, or judgments and rulings that have undergone cassation-review by the Council of Justices of the Supreme People’s Court through a trial panel of five judges who could not reach agreement when voting to pass a decision on the resolution of the case.

3. The cases that are complex in nature as referred to at Point b, Clause 2 of this Article are those falling into one of the following circumstances:

a/ The provisions regarding the issues to be resolved in the case remain unclear and lack guidance for uniform application;

b/ There are different opinions on the assessment of evidence and application of law;

c/ The settlement of the case is related to public interests, the interests of the State, and the protection of human rights and civil rights that receive special public concern.

4. The Chief Justice of the provincial-level People’s Court shall consider and decide on the organization of the cassation trials referred to in Clause 1 of this Article. The Chief Justice of the Supreme People’s Court shall consider and decide on the organization of the cassation trials in the cases specified in Clause 2 of this Article.

5. In case the judgments or rulings that have taken legal effect and address the same administrative case jointly fall under the cassation jurisdiction of the provincial-level People’s Court and the Supreme People’s Court, the Supreme People’s Court has the jurisdiction to conduct the cassation review of the entire case.”.

16. To amend and supplement Clauses 5 and 6, Article 341 as follows:

“5. In case the Judicial Committee of a provincial-level People’s Court conducts a trial under Clause 1, Article 337 of this Code, the hearing shall be participated by at least two-thirds of the total number of its members; the Judicial Committee’s decision shall be approved by more than half of the total number of its members.

6. In case the Council of Justices of the Supreme People’s Court conducts a trial under Point a, Clause 2, Article 337 of this Code, the Trial Panel’s decision shall be approved by all members participating in the Council.

In case the trial is conducted under Point b, Clause 2, Article 337 of this Code, the hearing conducted by the entire Council of Justices of the Supreme People’s Court shall be participated by at least two-thirds of the total number of its members; the decision of the Council of Justices shall be approved by more than half of the total number of its members.”.

17. To amend and supplement Point b, Clause 2, Article 348 as follows:

“b/ Full names of members of the Cassation Trial Panel. In case the Cassation Trial Panel is the Judicial Committee of the provincial-level People’s Court or the Council of Justices of the Supreme People’s Court, the full name and position of the presiding judge and the number of members participating in the trial shall be recorded;”.

18. To amend and supplement Clauses 1 and 2, Article 354 as follows:

“1. The Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy have the competence to file protests according to the reopening procedures against judgments and rulings of provincial-level People’s Courts that have taken legal effect; and judgments and rulings of other courts that have taken legal effect, when deemed necessary, except decisions of the Council of Justices of the Supreme People’s Court.

2. The Chief Justice of a provincial-level People’s Court and the Chief Procurator of a provincial-level People’s Procuracy have the competence to lodge protests according to the reopening procedures against judgments and rulings of regional People’s Courts within their territorial jurisdiction that have taken legal effect.”.

19. To amend and supplement Article 405 as follows:

“Article 405. Jurisdiction to consider the legality of strikes

1. The regional People’s Court of the locality where a strike occurs has the jurisdiction to consider the legality of the strike.

2. A provincial-level People’s Court has the jurisdiction to resolve appeals and protests against the decisions of regional People’s Courts within its territorial jurisdiction on the legality of a strike.”.

20. To amend and supplement Article 406 as follows:

“Article 406. Composition of a panel for considering the legality of a strike

1. Regional People’s Courts shall consider the legality of a strike by a three- judge panel.

2. Provincial-level People’s Courts shall resolve appeals and protests against the decisions on the legality of a strike by a three-judge panel.”.

21. To amend and supplement Clause 1, Article 410 as follows:

“1. Immediately after receiving the request, the Chief Justice of the regional People’s Court shall decide to establish a panel to consider the legality of the strike and assign a judge to take charge of the settlement of the request.”.

22. To amend and supplement Article 413 as follows:

“Article 413. Procedures for settling appeals and protests against decisions on the legality of strikes

1. Immediately after receiving an appeal petition or a decision to protest against a decision on the legality of a strike, the provincial-level People’s Court shall issue a written request to the Court that examined the legality of the strike to transfer the case file for consideration and settlement.

2. Within 3 working days from the date of receipt of the request, the Court that issued the decision on the legality of the strike shall transfer the case file to the provincial-level People’s Court for consideration and settlement.

3. Within 2 working days from the date of receipt of the case file, the Chief Justice of the provincial-level People’s Court shall decide to establish an Appellate Panel to examine the legality of the strike and assign a judge to study the case file.

Within 5 working days from the date the provincial-level People’s Court receives the case file, the Appellate Panel shall consider the appeal or protest against the decision on the legality of the strike.

The decision of the provincial-level People’s Court’s Appellate Panel for considering the legality of the strike is final.”.

23. To amend and supplement Article 421 as follows:

“Article 421. Jurisdiction of Courts to arrest aircraft and ships

1. The regional People’s Court of the locality where the airport or aerodrome in which the aircraft requested to be arrested lands is located has the jurisdiction to decide to arrest the aircraft.

2. The regional People’s Court of the locality where the seaport or inland waterway port in which the ship requested to be arrested is operating is located has the jurisdiction to decide to arrest the ship. In case the port has many wharves in the territory of communes, wards and special zones under the territorial jurisdiction of different regional People’s Courts, the regional People’s Court of the locality where the wharf in which the ship requested to be arrested is operating is located has the jurisdiction to decide to arrest that ship.”.

24. To amend and supplement Article 426 as follows:

“Article 426. Guarantee of the right to appeal and protest

The involved parties have the right to appeal, and the regional People’s Procuracies and the provincial-level People’s Procuracies have the right to protest the Courts’ decisions to recognize and enforce or not to recognize a civil judgment or decision of a foreign court, or decisions to recognize and enforce foreign arbitral awards, in order to request the provincial-level People’s Courts to review in accordance with this Code.”.

25. To amend and supplement Article 435 as follows:

“Article 435. Transfer of dossiers to the Court

In case the Ministry of Justice receives a request and papers and documents specified in Clause 1, Article 434 of this Code, within 5 working days from the date of receipt of the dossier, the Ministry of Justice shall transfer it to the competent court under Articles 35 and 39 of this Code.”.

26. To amend and supplement Clause 2, Article 442 as follows:

“2. The Chief Procurator of a regional People’s Procuracy or the Chief Procurator of a provincial-level People’s Procuracy has the right to protest against the decisions of the Courts prescribed in Clauses 4 and 5, Article 437, and Clause 5, Article 438, of this Code.

The time limit for filing a protest by a regional People’s Procuracy is 7 days, or by a provincial-level People’s Procuracy is 10 days, counting from the date the Procuracy receives the decision.”.

27. To amend and supplement a number of clauses of Article 443 as follows:

a/ To amend and supplement Clauses 1 and 2 as follows:

“1. The provincial-level People’s Court shall consider the decision of a regional People’s Court within its territorial jurisdiction that is appealed or protested against, within 1 month from the date of receipt of the dossier; in case it is necessary to request an explanation under Clauses 1 and 2, Article 437 of this Code, this time limit may be extended but must not exceed 2 months.

2. The Panel for considering a decision that is appealed or protested against shall consist of three judges, one of whom shall preside over its meetings as assigned by the Chief Justice of the provincial-level People’s Court.

A meeting to review the decision that is appealed or protested against shall be conducted in the same manner as the meeting to consider a request as prescribed in Article 438 of this Code.”;

b/ To amend and supplement Clause 4 as follows:

“4. The decision of the provincial-level People’s Court shall take legal effect from the date of its issuance and may be protested against according to the cassation or reopening procedures prescribed in this Code.”.

28. To amend and supplement Clause 2, Article 461 as follows:

“2. The Chief Procurator of a regional People’s Procuracy or the Chief Procurator of a provincial-level People’s Procuracy has the right to protest against the decisions of the courts as prescribed in Clauses 2 and 3, Article 457, and Clause 5, Article 458, of this Code.

The time limit for filing a protest by a regional People’s Procuracy is 7 days, or by a provincial-level People’s Procuracy is 10 days, from the date the Procuracy receives the decision.”.

29. To amend and supplement a number of clauses of Article 462 as follows:

a/ To amend and supplement Clauses 1 and 2 as follows:

“1. A provincial-level People’s Court shall review the decision of a regional People’s Court that is appealed or protested against, within 1 month from the date of receipt of the dossier; in case it is necessary to request an explanation in accordance with Clause 1, Article 457 of this Code, this time limit may be extended but must not exceed 2 months.

2. The Panel for reviewing a decision that is appealed or protested against shall consist of three judges, one of whom shall preside over its meetings as assigned by the Chief Justice of the provincial-level People’s Court. A meeting for reviewing the decision that is appealed or protested against shall be conducted in the same manner as the meeting for considering a request prescribed in Article 458 of this Code.”;

b/ To amend and supplement Clause 6 as follows:

“6. The decision of a provincial-level People’s Court shall take legal effect from the date of its issuance and may be protested against according to the cassation or reopening procedures as prescribed in this Code.”.

30. To amend and supplement Clause 1, Article 488 as follows:

“1. The Court’s jurisdiction to consider exemption from or reduction of the obligation to execute a judgment regarding amounts payable to the state budget shall be determined as follows:

a/ The regional People’s Court of a locality where the civil judgment enforcement agency that is organizing the judgment enforcement is headquartered has the jurisdiction to consider the request for exemption from or reduction of the obligation to execute the judgment regarding amounts payable to the state budget;

b/ A provincial-level People’s Court has the jurisdiction to review according to the appellate procedures the decision to exempt or reduce the obligation to execute a court judgment regarding amounts payable to the state budget, that is protested against by the Procuracy;

c/ A provincial-level People’s Court has the jurisdiction to review according to the reopening procedures the decision of a regional People’s Court within its territorial jurisdiction to exempt or reduce the obligation to execute a judgment, that has taken legal effect and is protested against;

d/ The Supreme People’s Court has the jurisdiction to review according to the reopening procedures the decision of a provincial-level People’s Court to exempt or reduce the obligation to execute a judgment, that has taken legal effect and is protested against.”.

31. To replace the phrase “the Judicial Committee of the National Assembly” in Clauses 1 and 3, Article 358; and Clauses 1, 2, 3 and 7, Article 359 with the phrase “the Law and Justice Committee of the National Assembly”.

32. To replace the word “Evaluator” in Clause 1, Article 16; at Point a, Clause 2, Article 46; Points b and c, Clause 1, Article 47; in Clause 11, Article 48; Articles 50, 54 and 55; Clause 2, Article 60; at Point c, Clause 2, Article 80; Point c, Clause 2, Article 82; in Clause 4, Article 97; Clause 3, Article 208; and Clause 1, Article 504 with the phrase “court evaluator”.

33. To replace the phrase “commune, ward or township police” in Clause 2, Article 98; Clauses 1, 2 and 4, Article 101; and Clauses 4 and 5, Article 177 with the phrase “commune, ward or special-zone police”.

34. To annul Clause 4, Article 34.

Article 2. To amend and supplement a number of articles of the Law on Administrative Procedures

1. To amend and supplement Article 24 as follows:

“Article 24. Supervision of trials

The Supreme People’s Court shall supervise the trials conducted by the courts; the People’s Courts of provinces and cities (below referred to as provincial-level Courts) shall supervise the trials conducted by the regional People’s Courts within their territorial jurisdiction, to ensure the strict and uniform application of law.”.

2. To amend and supplement Clause 2, Article 30 as follows:

“2. To file lawsuits against the decisions to discipline and dismiss civil servants holding positions lower than Deputy Minister and lower than positions equivalent to the position of Deputy Minister.”.

3. To amend and supplement Article 31 as follows:

“Article 31. Jurisdiction of regional People’s Courts

Regional People’s Courts have the jurisdiction to resolve according to the first- instance procedures the following lawsuits:

1. Lawsuits against administrative decisions and administrative acts of commune-level state agencies and competent persons in such commune-level state agencies within the territorial jurisdiction of the regional People’s Courts.

2. Lawsuits against administrative decisions and administrative acts of state agencies at the provincial or lower level or competent persons in state agencies at the provincial or lower level, except the cases specified in Clause 1 of this Article, specifically as follows:

a/ In case the plaintiff’s place of residence, place of work or headquarters is/are located within the boundaries of the same provincial-level administrative unit as the defendant’s, the jurisdiction to resolve the case belongs to the Court of the locality where the plaintiff’s place of residence, place of work or headquarters is/are located;

b/ In case the plaintiff’s place of residence, place of work or headquarters is/are not located within the boundaries of the same provincial-level administrative unit as the defendant’s, the jurisdiction to resolve the case belongs to the Court of the locality where the administrative decision or administrative act being sued gives rise to, changes, limits or terminates, the lawful rights and interests of the plaintiff.

3. Lawsuits against administrative decisions and administrative acts of ministries, ministerial-level agencies, government-attached agencies, the Office of the President, the Office of the National Assembly, the State Audit Office of Vietnam, the Supreme People’s Court, the Supreme People’s Procuracy, agencies under one of the above state agencies and of competent persons in such agencies, which are filed by the plaintiffs that have a place of residence, place of work or headquarters within the territorial jurisdiction of the regional People’s Courts; in case the plaintiff does not have a place of residence, place of work or headquarters within the territory of Vietnam, the jurisdiction to resolve the case belongs to the Court where the competent agency or person issued the administrative decision or committed the administrative act in question.

4. Lawsuits against administrative decisions and administrative acts of overseas representative missions of the Socialist Republic of Vietnam or of competent persons in such missions, which are filed by the plaintiffs that have a place of residence within the territorial jurisdiction of the regional People’s Courts; in case the plaintiff does not have a place of residence in Vietnam, the Court that has the jurisdiction to resolve the case shall be one of the regional People’s Courts in Hanoi or Ho Chi Minh City as chosen by the plaintiff.

5. Lawsuits against dismissal decisions as a disciplinary form issued by the head of an agency or organization at the provincial or lower level, or of a central ministry or sector where the plaintiff works at the time of being disciplined, within the territorial jurisdiction of the regional People’s Courts.

6. Lawsuits against the voter list compiled by an agency within the territorial jurisdiction of the regional People’s Courts.

7. Lawsuits against decisions resolving complaints about decisions to handle competition cases or decisions to resolve complaints in state audit activities, which are filed by the plaintiffs that have a place of residence, place of work or headquarters within the territorial jurisdiction of the regional People’s Courts.

8. Lawsuits against administrative decisions or administrative acts related to intellectual property or technology transfer, which are filed by the plaintiffs that have a place of residence, place of work or headquarters within the territorial jurisdiction of the regional People’s Courts.

9. The Supreme People’s Court shall guide the implementation of this Article.”.

4. To add Article 31a below Article 31 as follows:

“Article 31a. Jurisdiction of the specialized courts of regional People’s Courts

1. The Administrative Tribunal of a regional People’s Court has the jurisdiction to resolve according to the first-instance procedures the lawsuits specified in Clauses 1 thru 7, Article 31 of this Law.

2. The Intellectual Property Tribunal of a regional People’s Court has the jurisdiction to resolve according to the first-instance procedures the lawsuits against administrative decisions and administrative acts related to intellectual property and technology transfer specified in Clause 8, Article 31 of this Law.

3. For a regional People’s Court which has not yet established an Administrative Tribunal, the Chief Justice of the Court shall organize the trial and assign judges to resolve cases under the jurisdiction of the regional People’s Court.”.

5. To amend and supplement Article 32 as follows:

“Article 32. Jurisdiction of provincial-level Courts

Provincial-level Courts have the jurisdiction to resolve according to the appellate procedures the cases in which the judgments and decisions of the regional People’s Court that have not yet taken legal effect and are appealed or protested against; and to resolve according to the cassation or reopening procedures the cases in which judgments and decisions of the regional People’s Courts have taken legal effect and are protested against in accordance with this Law.”.

6. To add Article 32a below Article 32 as follows:

“Article 32a. Jurisdiction of the specialized Courts of provincial-level Courts

The Administrative Tribunals of provincial-level Courts have the jurisdiction to resolve according to the appellate procedures the cases in which judgments and decisions of the regional People’s Courts that have not taken legal effect and are appealed or protested against in accordance with this Law.”.

7. To amend and supplement Clause 7, Article 34 as follows:

“7. The Chief Justice of a provincial-level Court shall resolve disputes over jurisdiction to settle administrative cases between the regional People’s Courts within the same province or city.

The Chief Justice of the Supreme People’s Court shall resolve disputes over jurisdiction between the regional People’s Courts in different provinces and cities.”.

8. To amend and supplement Clauses 3 and 4, Article 46 as follows:

“3. They have participated in resolving that administrative case according to the first-instance, appellate, cassation or reopening procedures and have issued a first-instance judgment; an appellate judgment or decision; a cassation or reopening trial decision and a decision to terminate the resolution of the case, and a decision recognizing the results of a successful dialogue, except cases in which they are members of the Council of Justices of the Supreme People’s Court or the Judicial Committee of a provincial-level People’s Court who may participate in the trial of that case according to the cassation or reopening procedures;

4. They have conducted the proceedings in that case as a court evaluator, court clerk, procurator or controller.”.

9. To amend and supplement the title and Clause 1 of Article 49 as follows:

a/ To amend and supplement the title of Article 49 as follows:

“Article 49. Decisions on replacement of judges, people’s assessors, court evaluators or court clerks”;

b/ To amend and supplement Clause 1, Article 49 as follows:

“1. Before opening a hearing, the replacement of judges, people’s assessors, court evaluators, and court clerks shall be decided by the Chief Justice of the Court.

In case the to-be-replaced judge is the Chief Justice of the Court:

a/ If the to-be-replaced judge is the Chief Justice of the regional People’s Court, the replacement shall be decided by the Chief Justice of the provincial-level Court;

b/ If the to-be-replaced judge is the Chief Justice of the provincial-level Court, the replacement shall be decided by the Chief Justice of the Supreme People’s Court.”.

10. To amend and supplement Clauses 1 and 2, Article 112 as follows:

“1. The Chief Justice of a regional People’s Court has the right to recommend amendment supplementation or annulment of legal documents of state agencies at the provincial or lower level; and report to the Chief Justice of the provincial-level Court to request the Chief Justice of the Supreme People’s Court to recommend amendment, supplementation or annulment of legal documents of central-level state agencies.

2. The Chief Justice of a provincial-level Court has the right to recommend amendment, supplementation or annulment of legal documents of state agencies at the provincial or lower level; and request the Chief Justice of the Supreme People’s Court to recommend amendment, supplementation or annulment of legal documents of central-level state agencies.”.

11. To amend and supplement Clause 3, Article 256 as follows:

“3. The Chief Justice of a regional People’s Court shall propose the Chief Justice of the provincial-level Court or the Chief Justice of the Supreme People’s Court, and the Chief Justice of a provincial-level Court shall propose the Chief Justice of the Supreme People’s Court to consider filing a protest according to the cassation procedures against a court judgment or ruling that has taken legal effect if finding that there is one of the grounds specified in Clause 1, Article 255 of this Law.”.

12. To amend and supplement Article 260 as follows:

“Article 260. Persons competent to file protests according to the cassation procedures

1. The Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy have the competence to protest according to the cassation procedures against judgments and rulings of provincial-level Courts that have taken legal effect; and judgments and rulings of other courts that have taken legal effect when deemed necessary, except decisions of the Council of Justices of the Supreme People’s Court.

2. The Chief Justice of a provincial-level Court and the Chief Procurator of a provincial-level Procuracy have the competence to protest according to the cassation procedures against judgments and rulings of regional People’s Courts within their territorial jurisdiction that have taken legal effect.”.

13. To amend and supplement Clauses 2, 3 and 4 of Article 264 as follows:

“2. In case the Chief Justice of the Supreme People’s Court or the Chief Justice of a provincial-level Court files a protest, the protest decision together with the case file shall be immediately sent to the same-level People’s Procuracy. Within 15 days from the date of receiving the case file, the People’s Procuracy shall study and transfer the case file to the Court with jurisdiction to review the case.

3. In case the Procurator General of the Supreme People’s Procuracy or the Chief Procurator of a provincial-level People’s Procuracy files a protest, the protest decision together with the case file shall be immediately sent to the Court with jurisdiction to review the case.

4. In case the Chief Justice of the Supreme People’s Court files a protest against a judgment or ruling of another court that has taken legal effect as prescribed in Clause 1, Article 260 of this Law, he/she may assign the case to a provincial-level Court for trial according to the cassation procedures.”.

14. To amend and supplement Article 266 as follows:

“Article 266. Jurisdiction to conduct cassation reviews

1. The Judicial Committee of a provincial-level People’s Court may conduct cassation reviews of judgments and rulings of the regional People’s Courts within its territorial jurisdiction that have taken legal effect and are protested against.

2. The Council of Justices of the Supreme People’s Court may conduct cassation reviews of judgments and rulings of the provincial-level Courts that have taken legal effect and are protested against, specifically as follows:

a/ The Council of Justices of the Supreme People’s Court may conduct cassation reviews by a five-judge panel for judgments and rulings of the provincial-level Courts that are protested against according to the cassation procedures;

b/ The entire Council of Justices of the Supreme People’s Court may conduct cassation reviews of judgments and decisions that have taken legal effect as specified at Point a of this Clause but are complex in nature, or judgments and rulings that have undergone cassation review by the Council of Justices of the Supreme People’s Court by a panel of five judges who could not reach agreement when voting to approve a decision on resolving the case.

3. The cases that are complex in nature as referred at Point b, Clause 2 of this Article are those falling into one of the following circumstances:

a/ The provisions regarding the issues to be resolved in the case remain unclear and lack guidance for uniform application;

b/ There are different opinions on the assessment of evidence and application of law;

c/ The settlement of the case is related to public interests, the interests of the State, or the protection of human rights and civil rights that receive special public concern.

4. The Chief Justice of the provincial-level Court shall consider and decide on the organization of the cassation trials in accordance with Clause 1 of this Article. The Chief Justice of the Supreme People’s Court shall consider and decide on the organization of the cassation trials in the cases specified in Clause 2 of this Article.

5. In case judgments and decisions that have taken legal effect on the same administrative case jointly fall under the jurisdiction of the provincial-level Court and the Supreme People’s Court, the Supreme People’s Court has the jurisdiction to review the entire case.”.

15. To amend and supplement Clauses 5 and 6, Article 270 as follows:

“5. In case the Council of Justices of the provincial-level People’s Court conducts a trial in accordance with Clause 1, Article 266 of this Law, the hearing shall be participated by at least two-thirds of the total number of its members; the Judicial Committee’s decision shall be approved by more than half of the total number of its members.

6. In case the Council of Justices of the Supreme People’s Court conducts a trial in accordance with Point a, Clause 2, Article 266 of this Law; the Trial Panel’s decision shall be approved by all members on the Panel.

In case a trial is conducted in accordance with Point b, Clause 2, Article 266 of this Law, the hearing conducted by the entire Council of Justices of the Supreme People’s Court shall be participated by at least two-thirds of the total number of members; the decision of the Council of Justices shall be approved by more than half of the total number of its members.”.

16. To amend and supplement Point b, Clause 2, Article 277 as follows:

“b/ Full names of members of the Cassation Trial Panel. In case the Cassation Trial Panel is the Judicial Committee of the provincial-level People’s Court or the Council of Justices of the Supreme People’s Court, the full name and position of the presiding judge and the number of members participating in the trial shall be recorded;”.

17. To amend and supplement Clause 3, Article 282 as follows:

“3. In case of discovering new circumstances of the case, the Chief Justice of the regional People’s Court shall propose the Chief Justice of the provincial-level Court or the Chief Justice of the Supreme People’s Court, and the Chief Justice of the provincial-level Court shall propose the Chief Justice of the Supreme People’s Court to consider filing a protest according the reopening procedures.”.

18. To amend and supplement Clauses 1 and 2, Article 283 as follows:

“1. The Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy have the competence to protest according to the reopening procedures against the judgments and ruling of the provincial-level Courts that have taken legal effect; and judgments and rulings of other courts that have taken legal effect when deemed necessary, except rulings of the Council of Justices of the Supreme People’s Court.

2. The Chief Justices of the provincial-level Courts and the Chief Procurators of the provincial-level Procuracies have the competence to protest according to the reopening procedures against the judgments and rulings of the regional People’s Courts within its territorial jurisdiction that have taken legal effect.”.

19. To replace the phrase “civil judgment enforcement agency of the same level” in Clause 2, Article 75; Clause 2, Article 77; Clause 3, Article 196; and Clause 1, Article 197 with the phrase “competent civil judgment enforcement agency”.

20. To replace the phrase “civil judgment enforcement agency of the same level as the Court that tried the case according to the first-instance procedures” at Point b, Clause 2, Article 311 with the phrase “competent civil judgment enforcement agency”.

21. To replace the phrase “the Justice Committee of the National Assembly” at Point b, Clause 1, and in Clause 3, Article 287; Article 288; Clause 1, Article 289; Article 290; Clauses 2, 3 and 5, Article 291; and Articles 292 and 297 with the phrase “the Law and Justice Committee of the National Assembly”.

22. To replace the word “evaluator” in Clause 1, Article 14; at Point a, Clause 2, Article 36; Point b, Clause 1, Article 37; Articles 40, 47 and 48; Clause 2, Article 50; at Point d, Clause 3, Article 63; Point c, Clause 3, Article 64; in Clause 4, Article 84; and Clause 1, Article 332 with the phrase “court evaluator”.

23. To replace the phrase “commune, ward or township police” in Clause 2, Article 85; Clauses 1, 2 and 4, Article 88; and Clauses 3 and 4, Article 106 with the phrase “commune, ward or special-zone police”.

Article 3. To amend and supplement a number of articles of the Law on Justice for Minors

1. To amend and supplement Point a, Clause 3, and Point b, Clause 5, Article 56 as follows:

a/ To amend and supplement Point a, Clause 3 as follows:

“a/ To deliver the decision to the minor who is the accused, and his/her representative; to send it to the competent Procuracy and the victim; to send it to the competent Investigation Agency in case it is issued by the Procuracy;”;

b/ To amend and supplement Point b, Clause 5 as follows:

“b/ To send the decision to apply the educational measure at a reformatory and a copy of the social investigation report to the criminal judgment enforcement agency of the provincial-level Department of Public Security of the locality where the minor resides;”.

2. To amend and supplement Points c and d, Clause 6, Article 62 as follows:

“c/ To send the decision to the competent civil judgment enforcement agency;

d/ To send the decision to apply the educational measure at a reformatory and a copy of the social investigation report to the criminal judgment enforcement agency of the provincial-level Department of Public Security of the locality where the minor resides;”.

3. To amend and supplement Clause 2, Article 72 as follows:

“2. Within 3 days from the date of issuance of the decision, the person with the competence to resolve complaints and petitions shall send the decision to resolve complaints and petitions to the person who made the complaints or petitions, the competent Procuracy, and the agency that issued the decision to apply diversionary measures; the minor and his/her representatives, the criminal judgment enforcement agency of the provincial-level Department of Public Security of the locality where the person subject to the educational measure at a reformatory resides in the cases specified at Points a and b, Clause 1 of this Article.”.

4. To amend and supplement or replace phrases in a number of clauses of Article 73 as follows:

a/ To replace the phrase “commune, ward or township police” in Clause 2with the phrase “commune, ward or special-zone police”;

b/ To amend and supplement Clause 4 as follows:

“4. The enforcement of decisions of the Investigation Agency and the Procuracy to apply diversionary measures to pay compensation for damage is as follows:

a/ The competent civil judgment enforcement agency shall enforce the decisions of the Investigation Agency and the People’s Procuracy;

b/ The judgment enforcement agency at the military-region level shall enforce the decisions of the Investigation Agency in the People’s Army, and the Military Procuracy;

c/ The procedures for enforcing the decisions referred to in this Clause must comply with the law on civil judgment enforcement.”.

5. To amend and supplement or replace phrases at a number of points and clauses of Article 113 as follows:

a/ To replace the phrase “criminal judgment enforcement agency of the district-level Division of Public Security” at Points a, b, c and dd of Clause 1, and in Clause 3 with the phrase “criminal judgment enforcement agency of the provincial-level Department of Public Security”;

b/ To amend and supplement Clause 2 as follows:

“2. The Procuracies shall directly supervise the resolution of complaints and denunciations by the courts, the criminal judgment enforcement management agencies and the criminal judgment enforcement agencies.

When supervising the resolution of complaints and denunciations in the implementation of the educational measures at reformatories, the Procuracy may request the Court, the criminal judgment enforcement management agency and the competent criminal judgment enforcement agency to perform the following tasks: issuing documents to resolve complaints and denunciations; inspecting the resolution of complaints and denunciations under its competence and the competence of subordinate levels; notifying the resolution results to the Procuracy; and providing files and documents related to the resolution of complaints and denunciations to the Procuracy.”.

6. To amend and supplement a number of clauses of Article 142 as follows:

a/ To add Clause 4a below Clause 4 as follows:

“4a. In case the intermediate-level investigator or senior investigator is the Chief of the commune-level police or Deputy Chief of the commune-level police assigned by the Head of the provincial-level Investigation Agency to conduct prosecution and investigation of cases of less serious crimes or serious crimes occurring in the commune-level localities as prescribed in Clause 2, Article 37 of the Criminal Procedure Code, he/she has the competence of the Head or Deputy Head of the Investigation Agency to apply diversionary measures and other procedural measures for minors as prescribed in this Law and the Criminal Procedure Code.”;

b/ To amend and supplement Clause 5 as follows:

“5. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security and the Minister of National Defense in, detailing Clauses 4 and 4a of this Article.”.

7. To replace the phrase “commune, ward or township” in Clause 4, Article 36, and Article 43 with the phrase “commune, ward or special zone”.

8. To replace the phrase “district-level administrative unit” at Point b, Clause 2, Article 53with the phrase “provincial-level administrative unit”.

9. To replace the phrase “ criminal judgment enforcement agency of the district-level Division of Public Security “ in Clause 6, Article 66; Clause 12, Article 87; Clause 4, Article 88; Clauses 1, 2 and 3, Article 94; at Point b, Clause 1; Clause 2; Point b, Clause 5; and Clauses 6, 7, 8 and 9, Article 95; Clauses 3 and 5, Article 96; at Point a, Clause 1, and Point a, Clause 3, Article 97; in Clause 3, Article 112; Clause 1, Article 171; and at Point c, Clause 5, and in Clause 6, Article 179 with the phrase “ criminal judgment enforcement agency of the provincial-level Department of Public Security”.

To replace the phrase “of the district-level Division of Public Security” at Point a, Clause 3, Article 97 with the phrase “of the competent police agency” .

10. To replace the phrase “district-level People’s Court” in Clause 1, Article 87; Clause 3, Article 95; Clause 2, Article 110; and Clause 6, Article 179 with the phrase “regional People’s Court”.

11. To replace the phrase “district-level People’s Procuracy” in Clause 1, Article 106 with the phrase “regional People’s Procuracy”.

12. To replace the phrase “People’s Procuracy at the same level” in Clauses 3 and 6, Article 55; Clause 4, Article 59; Clause 5, Article 60; Clause 1, Article 71; and Clause 3, Article 139 with the phrase “competent People’s Procuracy”.

13. To remove the phrase “, district-level Division of Education and Training” in Clause 3, Article 102.

14. To remove the phrase “Procuracy at the same level or” in Clause 3, Article 137.

Article 4. To amend and supplement a number of articles of the Bankruptcy Law

To amend and supplement Article 8 as follows:

“Article 8. Jurisdiction of the People’s Courts to resolve bankruptcy

1. The Bankruptcy Tribunal of a regional People’s Court has the jurisdiction to resolve bankruptcy for enterprises and cooperatives headquartered within the territorial jurisdiction of the Bankruptcy Tribunal of the regional People’s Court.

2. The Supreme People’s Court shall guide the implementation of this Article.”.

Article 5. To amend and supplement a number of articles of the Law on Mediation and Dialogue at Court

1. To amend and supplement Point c, Clause 1, Article 8 as follows:

“c/ To select a mediator from the list of mediators of the Court with jurisdiction to resolve civil cases and administrative complaints or other regional People’s Courts within the boundaries of the same provincial-level administrative unit;”.

2. To replace the phrase “district-level People’s Court” in Clause 3, Article 7; Clause 7, Article 16; Clause 3, Article 17; and Clause 3, Article 18 with the phrase “regional People’s Court”.

3. To annul Points a, d and dd, Clause 2, Article 7.

Article 6. Effect

This Law takes effect on July 1, 2025, unless otherwise prescribed in the Law on Justice for Minors.

This Law was passed on June 25, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.

Chairman of the National Assembly
TRAN THANH MAN