THE NATIONAL ASSEMBLY | | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 81/2025/QH15 | | |
LAW
Amending and supplementing a number of articles of the Law on Organization of People’s Courts[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 Law No. 34/2024/QH15 on Organization of People’s Courts.
Article 1. To amend and supplement a number of articles of the Law on Organization of People’s Courts
1. To amend and supplement Article 4 as follows:
“Article 4. Organization of, and competence to establish and dissolve, People’s Courts
1. The organizational apparatus of People’s Courts consists of:
a/ The Supreme People’s Court;
b/ People’s Courts of provinces and cities (below referred to as provincial-level People’s Courts);
c/ Regional People’s Courts;
d/ The Specialized Court at the International Financial Center (below referred to as the Specialized Court);
dd/ The Central Military Court, Military Courts of military zones and the equivalent, and regional Military Courts (below collectively referred to as Military Courts).
2. The competence to establish and dissolve provincial-level People’s Courts and regional People’s Courts; and the scope of territorial jurisdiction of a number of provincial-level People’s Courts, regional People’s Courts and Military Courts is as follows:
a/ The National Assembly Standing Committee may decide to establish and dissolve provincial-level People’s Courts and regional People’s Courts; and provides the scope of territorial jurisdiction of regional People’s Courts at the request of the Chief Justice of the Supreme People’s Court;
b/ The National Assembly Standing Committee may provide the scope of territorial jurisdiction of a number of provincial-level People’s Courts regarding requests for annulment of arbitral awards or registration of ad-hoc arbitral awards at the proposal of the Chief Justice of the Supreme People’s Court;
c/ The National Assembly Standing Committee may provide the scope of territorial jurisdiction of a number of regional People’s Courts that settle bankruptcy, civil, business or commercial matters, or administrative cases related to intellectual property or technology transfer at the proposal of the Chief Justice of the Supreme People’s Court;
d/ The National Assembly Standing Committee may decide to establish and dissolve, and provide the scope of territorial jurisdiction of, Military Courts of military zones and the equivalent, and regional Military Courts at the proposal of the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.”.
2. To amend and supplement Clause 1, Article 40 as follows:
“1. The National Judge Selection and Supervision Council is composed of its Chairperson, Vice Chairperson and members, specifically as follows:
a/ The Chairperson is the Chief Justice of the Supreme People’s Court;
b/ One Vice Chairperson is a Deputy Chief Justice of the Supreme People’s Court who is a judge of the Supreme People’s Court and assigned by the Chief Justice of the Supreme People’s Court on a rotary basis and with a term of office of 1 year;
c/ The Chief Justice of the Central Military Court;
d/ The head of one unit of the Supreme People’s Court who is a judge of a People’s Court, the Chief Justice of an Appellate Court of the Supreme People’s Court, and the Chief Justice of a provincial-level People’s Court appointed by the Chief Justice of the Supreme People’s Court;
dd/ One representative of the leadership of each of the following agencies: the Central Committee of the Vietnam Fatherland Front, the Vietnam Lawyers’ Association, the Office of the President, the Ministry of Justice, the Ministry of National Defense, the Ministry of Home Affairs, and the Ministry of Finance.”.
3. To amend and supplement Article 46 as follows:
“Article 46. Duties and powers of the Supreme People’s Court
The Supreme People’s Court is the highest judicial body of the Socialist Republic of Vietnam, having the following duties and powers:
1. To review according to cassation or reopening procedures the courts’ legally effective judgments and rulings that are protested in accordance with law;
2. To supervise the adjudication by the Appellate Courts of the Supreme People’s Court and other courts, except cases specified by a law;
3. To try according to appellate procedures the criminal cases for which first-instance judgments and rulings of provincial-level People’s Courts have not yet taken legal effect and are appealed or protested in accordance with law;
4. To make overall review of trial practices of courts, ensuring the uniform application of law in trial;
5. To develop court precedents;
6. To train human resources; to provide professional further training to judges, court examiners, court clerks, other civil servants and public employees of courts; to provide professional further training to assessors, mediators and other subjects in accordance with law;
7. To organizationally manage People’s Courts and Military Courts in accordance with this Law and other relevant laws, ensuring the jurisdiction-based independence of courts from one another;
8. To propose the formulation of laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee; to submit draft laws and draft resolutions to the National Assembly; to submit draft ordinances and draft resolutions to the National Assembly Standing Committee;
9. To carry out professional inspection or examination of courts, judges, assessors, court examiners and court clerks in order to ensure law observance, power control, and corruption, waste and negative practice prevention and combat in the operation of courts;
10. To enter into international cooperation;
11. To perform other duties and exercise other powers in accordance with law.”.
4. To amend and supplement Article 47 as follows:
“Article 47. Organizational structure of the Supreme People’s Court
1. The organizational structure of the Supreme People’s Court consists of:
a/ The Council of Justices;
b/ The Appellate Courts;
c/ The Directorates, Departments and the equivalent;
d/ Training and further training institutions;
dd/ The press agency.
2. The Supreme People’s Court has its Chief Justice, Deputy Chief Justices and judges; chief justices, deputy chief justices and judges of the People’s Courts, court examiners, court clerks, other civil servants, public employees and workers.
3. The National Assembly Standing Committee shall approve requests for establishment, reorganization or dissolution of the agencies and units specified at Points b, c and dd, Clause 1 of this Article at the proposal of the Chief Justice of the Supreme People’s Court. The establishment of the training and further training institutions specified at Point d, Clause 1 of this Article must comply with law.”.
5. To amend and supplement Clause 1, Article 48 as follows:
“1. The number of members of the Council of Justices of the Supreme People’s Court must be between 23 and 27, including the Chief Justice, Deputy Chief Justices who are judges of the Supreme People’s Court, and judges of the Supreme People’s Court.”.
6. To add Article 49a below Article 49 in Section 1, Chapter IV as follows:
“Article 49a. Duties and powers of the Appellate Courts of the Supreme People’s Court
1. To conduct appellate trial of criminal cases for which first-instance judgments and rulings of provincial-level People’s Courts have not yet taken legal effect and are appealed or protested in accordance with law.
2. To propose the Chief Justice of the Supreme People’s Court to consider and protest according to cassation or reopening procedures against legally effective judgments and rulings of the Appellate Courts of the Supreme People’s Court or provincial-level People’s Courts in accordance with law.
3. To make overall review of trial practices; to propose court precedents.
4. To perform the duties and exercise the powers specified at Points b, c, d and dd, Clause 2, Article 3 of this Law.
5. To perform other duties and exercise other powers in accordance with law.”.
7. To amend and supplement Section 3, Chapter IV as follows:
“Section 3
PROVINCIAL-LEVEL PEOPLE’S COURTS
Article 55. Duties and powers of provincial-level People’s Courts
1. To conduct first-instance trial of criminal cases in accordance with law.
2. To conduct appellate trial of cases and matters for which first-instance judgments and rulings of regional People’s Courts have not yet taken legal effect and are appealed or protested in accordance with law.
3. To review according to cassation or reopening procedures the legally effective judgments and rulings of regional People’s Courts that are protested in accordance with law.
4. To examine legally effective judgments and rulings of regional People’s Courts.
5. To propose the Chief Justice of the Supreme People’s Court to consider and protest according to cassation or reopening procedures against legally effective judgments and rulings of provincial-level People’s Courts or the Appellate Courts of the Supreme People’s Court in accordance with law.
6. To make overall review of trial practices; to propose court precedents.
7. To perform the duties and exercise the powers specified at Points b, c, d, dd and g, Clause 2, Article 3 of this Law.
8. To perform other duties and exercise other powers in accordance with law.
Article 56. Organizational structure of provincial-level People’s Courts
1. The organizational structure of a provincial-level People’s Court consists of:
a/ The Judicial Committee;
b/ The Tribunals, including the Criminal Tribunal, the Civil Tribunal, the Administrative Tribunal, the Economic Tribunal, the Labor Tribunal, and the Family and Juvenile Tribunal;
In case of necessity, the National Assembly Standing Committee shall decide to establish another tribunal at the proposal of the Chief Justice of the Supreme People’s Court.
Based on the provisions of this Point and requirements of trial practices of each provincial-level People’s Court, the Chief Justice of the Supreme People’s Court shall decide on the organization of tribunals;
c/ The assisting apparatus.
The Chief Justice of the Supreme People’s Court shall decide to establish, and define duties and powers of, assisting apparatuses of provincial-level People’s Courts.
2. A provincial-level People’s Court consists of its Chief Justice, Deputy Chief Justices, Presidents and Vice Presidents of Tribunals, judges of People’s Courts, court examiners, court clerks, other civil servants and workers.
Article 57. Judicial Committees of provincial-level People’s Courts
1. The Judicial Committee of a provincial-level People’s Court shall be composed of the Chief Justice, Deputy Chief Justices and a number of judges of the People’s Court as decided by the Chief Justice of the Supreme People’s Court. The number of members of the Judicial Committee shall be decided by the Chief Justice of the Supreme People’s Court at the proposal of the Chief Justice of the provincial-level People’s Court.
Meetings of the Judicial Committee of a provincial-level People’s Court shall be chaired by the Chief Justice.
2. Judicial Committees of provincial-level People’s Courts have the following duties and powers:
a/ To review according to cassation or reopening procedures legally effective judgments and rulings of regional People’s Courts that are protested in accordance with law;
b/ To discuss working programs and plans of provincial-level People’s Courts;
c/ To discuss and give their opinions on work reports of Chief Justices of provincial-level People’s Courts for reporting to the Chief Justice of the Supreme People’s Court and the same-level People’s Councils;
d/ To discuss recommendations of Chief Justices of provincial-level People’s Courts proposing the Chief Justice of the Supreme People’s Court to review according to cassation or reopening procedures legally effective judgments and rulings of provincial-level People’s Courts or the Appellate Courts of the Supreme People’s Court at the proposal of Chief Justices of provincial-level People’s Courts;
dd/ To make overall review of trial practices; to propose court precedents.
Article 58. Duties and powers of Tribunals of provincial-level People’s Courts
1. To conduct first-instance trial of criminal cases in accordance with law.
2. To conduct appellate trial of cases and matters for which first-instance judgments and rulings of regional People’s Courts have not yet taken legal effect and are appealed or protested in accordance with law.
3. To perform the duties and exercise the powers specified at Points b, c, d, dd and h, Clause 2, Article 3 of this Law.”.
8. To amend and supplement Section 4, Chapter IV as follows:
“Section 4
REGIONAL PEOPLE’S COURTS
Article 59. Duties and powers of regional People’s Courts
1. To conduct first-instance trial of cases and matters in accordance with law.
2. To perform the duties and exercise the powers specified at Points b, c, d, dd and g, Clause 2, Article 3 of this Law.
3. To propose the Chief Justice of the Supreme People’s Court or Chief Justices of provincial-level People’s Courts to consider and protest according to cassation or reopening procedures against legally effective judgments and rulings of regional People’s Courts and provincial-level People’s Courts in accordance with law.
4. To make overall review of trial practices; to propose court precedents.
5. To perform other duties and exercise other powers in accordance with law.
Article 60. Organizational structure of regional People’s Courts
1. The organizational structure of a regional People’s Court consists of:
a/ The Tribunals, including the Criminal Tribunal, the Civil Tribunal, the Economic Tribunal, the Administrative Tribunal, and the Family and Juvenile Tribunal; and the Bankruptcy Tribunal and the Intellectual Property Tribunal at a number of regional People’s Courts.
Based on the provisions of this Point and requirements of trial practices of each regional People’s Court, the Chief Justice of the Supreme People’s Court shall decide on the organization of the Criminal Tribunal, the Civil Tribunal, the Economic Tribunal, the Administrative Tribunal, and the Family and Juvenile Tribunal.
In pursuance to Point c, Clause 2, Article 4 of this Law, the Chief Justice of the Supreme People’s Court shall decide on the organization of the Bankruptcy Tribunal and the Intellectual Property Tribunal at a number of regional People’s Courts.
In case of necessity, the National Assembly Standing Committee may decide to establish other tribunals at the proposal of the Chief Justice of the Supreme People’s Court.
b/ The assisting apparatus.
The Chief Justice of the Supreme People’s Court shall decide to establish, and define the duties and powers of, assisting apparatuses of regional People’s Courts.
2. A regional People’s Court has its Chief Justice, Deputy Chief Justices, Presidents and Vice Presidents of Tribunals, judges of the people’s court, and court examiners in charge of judgment execution, court clerk, other civil servants and workers.
Article 61. Duties and powers of Tribunals of regional People’s Courts
1. To conduct first-instance trial of cases and matters in accordance with law.
2. To perform the duties and exercise the powers specified at Points b, c, d, dd and h, Clause 2, Article 3 of this Law.”.
9. To amend and supplement the title of Section 5, Chapter IV as follows:
“Section 5
MATTERS-SPECIFIC TRIBUNALS”.
10. To amend and supplement Article 62 as follows:
“Article 62. Organization and operation of matters-specific tribunals
1. Duties, powers, order and procedures for resolution of disputes; spoken and written languages to be used in proceedings, the application of law at matters-specific tribunals; judges to resolve disputes, and other contents related to the organization and operation of matters-specific tribunals shall be prescribed by the National Assembly.
2. The National Assembly Standing Committee shall decide to establish or dissolve, and define the scope of territorial jurisdiction of, matters-specific tribunals at the proposal of the Chief Justice of the Supreme People’s Court.”.
11. To amend and supplement a number of clauses of Article 77 as follows:
a/ To amend and supplement Clause 8 as follows:
“8. To appoint, relieve from duty or dismiss holders of the positions specified in Clause 1, Article 80; Clause 1, Article 81; Clause 1, Article 83; Clause 1, Article 85; Clause 1, Article 86; and Clause 1, Article 87, of this Law and holders of other positions in the Supreme People’s Court, except those falling within the competence of the President to appoint, relieve from duty or dismiss.”;
b/ To amend and supplement Clauses 11, 12, 13 and 14 as follows:
“11. To submit to the National Assembly Standing Committee for decision the establishment or dissolution of provincial-level People’s Courts, regional People’s Courts and matters-specific tribunals; to define the scope of territorial jurisdiction of regional People’s Courts and matters-specific tribunals; and the establishment of other tribunals of People’s Courts when deeming it necessary.
To propose the National Assembly Standing Committee to define the scope of territorial jurisdiction of a number of provincial-level People’s Courts regarding requests for cancellation of arbitral awards or registration of ad hoc arbitral awards.
To submit to the National Assembly Standing Committee for decision the establishment or dissolution and define the scope of territorial jurisdiction of Military Courts of military zones and the equivalent and regional Military Courts after reaching agreement with the Minister of National Defense.
12. To decide on the organization of tribunals specified in Clause 1, Article 56 and at Point a, Clause 1, Article 60 of this Law.
13. To submit to the National Assembly Standing Committee for approval requests for establishment, reorganization or dissolution of the agencies and units specified at Points b, c and dd, Clause 1, Article 47 of this Law.
Based on approval resolutions of the National Assembly Standing Committee, the Chief Justice of the Supreme People’s Court shall decide on the establishment of the agencies and units specified at Points b, c and dd, Clause 1, Article 47 of this Law.
To specify the organizational structure, duties and powers of the agencies and units specified at Points b, c, d and dd, Clause 1, Article 47 of this Law; to define the scope of territorial jurisdiction of the Appellate Courts of the Supreme People’s Courts.
14. To decide on the establishment, reorganization or dissolution and define the duties and powers of assisting apparatuses of provincial-level People’s Courts and assisting apparatuses of regional People’s Courts.”.
12. To amend and supplement Article 80 as follows:
“Article 80. Chief Justices of provincial-level People’s Courts
1. Chief Justices of provincial-level People’s Courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.
The term of office of Chief Justices of provincial-level People’s Courts is 5 years from the date of appointment.
2. Chief Justices of provincial-level People’s Courts have the following duties and powers:
a/ To organize the adjudicating work of provincial-level People’s Courts; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;
b/ To make protests according to cassation or reopening procedures against legally effective judgments and rulings of regional People’s Courts in accordance with law;
c/ To chair meetings of Judicial Committees of provincial-level People’s Courts;
d/ To perform duties and exercise powers in the organization and personnel work as decentralized by the Chief Justice of the Supreme People’s Court;
dd/ To be answerable to, and report on the work of provincial-level People’s Courts and regional People’s Courts within provincial-level administrative boundaries to, provincial-level People’s Councils and the Chief Justice of the Supreme People’s Court; to respond to questions and recommendations of deputies of provincial-level People Councils;
e/ To propose the Chief Justice of the Supreme People’s Court to consider and make protests according to cassation or reopening procedures against legally effective judgments and rulings of provincial-level People’s Courts and the Appellate Courts of the Supreme People’s Court in accordance with law;
g/ To perform other duties and exercise other powers in accordance with law.”.
13. To amend and supplement Article 81 as follows:
“Article 81. Chief Justices of regional People’s Courts
1. Chief Justices of regional People’s Courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.
The term of office of Chief Justices of regional People’s Courts is 5 years from the date of appointment.
2. Chief Justices of regional People’s Courts have the following duties and powers:
a/ To organize the adjudicating work of regional People’s Courts; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;
b/ To perform duties and exercise powers in the organization and personnel work as decentralized by the Chief Justice of the Supreme People’s Court;
c/ To be answerable to, and report on the work of regional People’s Courts to Chief Justices of provincial-level People’s Courts;
d/ To propose the Chief Justice of the Supreme People’s Court or Chief Justices of provincial-level People’s Courts to consider and make protests according to cassation or reopening procedures against legally effective judgments and rulings of regional People’s Courts and provincial-level People’s Courts in accordance with law;
dd/ To perform other duties and exercise other powers in accordance with law.”.
14. To amend and supplement Article 83 as follows:
“Article 83. Deputy Chief Justices of provincial-level People’s Courts and regional People’s Courts
1. Deputy Chief Justices of provincial-level People’s Courts and regional People’s Courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.
The term of office of Deputy Chief Justices of provincial-level People’s Courts and regional People’s Courts is 5 years from the date of appointment.
2. Deputy Chief Justices of provincial-level People’s Courts and regional People’s Courts shall assist the Chief Justices in performing duties and exercising powers as assigned by the latter. When the Chief Justice of a court is absent, a Deputy Chief Justice authorized by the Chief Justice shall lead the work of the court. Deputy Chief Justices shall be held responsible before law and the Chief Justices for the performance/exercise of assigned duties/powers.
3. To perform the duties and exercise the powers as provided by the procedural law; and other duties and powers as provided by law.”.
15. To amend and supplement Article 93 as follows:
“Article 93. Duties and powers of judges of People’s Courts
1. To perform the duties and exercise the powers specified at Points a, b, c, d and dd, Clause 2, Article 3 of this Law.
2. Judges of People’s Courts who work at the Supreme People’s Court have the following duties and powers:
a/ To perform the duty of trying and settling cases and matters at the Appellate Courts of the Supreme People’s Court; to try and settle cases and matters at other courts under regulations of the Chief Justice of the Supreme People’s Court;
b/ To consider and decide to accept petitions, requests or proposals for trial according to cassation or reopening procedures as assigned by the Chief Justice of the Supreme People’s Court;
c/ To propose the Chief Justice and judges of the Supreme People’s Court to settle petitions, requests or proposals for trial according to cassation or reopening procedures;
d/ To examine and verify documents and evidences in accordance with law;
dd/ To prepare reports or draft conclusions on the verification of files, documents and evidences of cases and matters for which court judgments and rulings have taken legal effect and submit them to judges, the Chief Justice or the Council of Justices of the Supreme People’s Court;
e/ To respond to petitions, requests or proposals for trial according to cassation or reopening procedures under regulations of the Chief Justice of the Supreme People’s Court;
g/ To propose the Chief Justice of the Supreme People’s Court to settle complaints in procedural activities in accordance with the procedural law;
h/ To propose the Chief Justice of the Supreme People’s Court to perform the duties and exercise the powers in the execution of death sentences and the grant of special amnesty in accordance with law;
i/ To propose the Chief Justice and the Council of Justices of the Supreme People’s Court to develop court precedents for legally effective court judgments and rulings;
k/ To propose contents on which experience should be drawn and contents for assurance of the uniform application of law in trial practices or settlement of cases and matters.
3. To perform other duties and exercise other powers as assigned by Chief Justices and provided by law.”.
16. To amend and supplement Clause 2, Article 95 as follows:
“2. In a special case, a person who fully meets the criteria specified in Clauses 1, 3, 5 and 6, Article 94 of this Law may be appointed as a judge of a People’s Court; if being an in-service army officer, he/she may be selected and appointed as a judge of a People’s Court of a Military Court when falling into one of the following cases:
a/ He/she has been engaged in legal affairs for full 10 years or more; and is transferred by a competent agency/organization to hold a leadership post of a regional People’s Court or of a regional Military Court;
b/ He/she has been engaged in legal affairs for full 15 years or more; and is transferred by a competent agency/organization to hold a leadership post of an Appellate Court of the Supreme People’s Court, a provincial-level People’s Court, a Military Court of a military zone or the equivalent, or the Central Military Court.”.
17. To amend and supplement Article 96 as follows:
“Article 96. Criteria and conditions for appointment of judges of the Supreme People’s Court
1. A person who fully satisfies the criteria specified in Clauses 1, 3, 5 and 6, Article 94 of this Law and the following conditions may be selected and appointed as a judge of the Supreme People’s Court:
a/ Being aged full 45 years or older;
b/ Having worked in courts for full 20 years or more, including at least full 10 years of working as a judge of a People’s Court. In a special case, he/she must have worked as a judge of a People’s Court for full 5 years or more or must be currently a judge of a People’s Court and have acted as a Director of a Professional Department of the Supreme People’s Court, and the number of persons proposed to be appointed as judges must not exceed 10% of the total judges of the Supreme People’s Court as approved by a competent authority;
c/ Being capable of trying or settling cases and matters and settling other matters falling under the jurisdiction of the Supreme People’s Court in accordance with law.
2. Persons who do not work in courts but have high reputation in society and fully satisfy the criteria specified in Clauses 1 and 6, Article 94 of this Law and fully satisfy the conditions specified at Points a and c, Clause 1 of this Article and have undergone required procedures may be selected and appointed as judges of the Supreme People’s Court when falling into one of the following cases:
a/ Being holders of important posts in central agencies or organizations and deeply knowledgeable about politics, law, economics, culture, social affairs, security, national defense, and foreign affairs;
b/ Being experts, lawyers, university lecturers or scientists with high expertise in law and holding important posts in agencies, political organizations, socio-political organizations, socio-political-professional organizations or socio-professional organizations.
3. The number of judges of the Supreme People’s Court to be selected and appointed under Clause 2 of this Article must not exceed 3.”.
18. To amend and supplement Clause 1, Article 124 as follows:
“1. The election of people’s assessors is applicable to assessors in provincial-level People’s Courts and regional People’s Courts.”.
19. To amend and supplement Clause 1, Article 125 as follows:
“1. People’s assessors shall perform the duty of adjudicating cases falling under the jurisdiction of People’s Courts as assigned by the Chief Justices of the Courts where they are elected.”.
20. To amend and supplement Clause 1, Article 127 as follows:
“1. A provincial-level People’s Court shall propose its needs in terms of number and composition of assessors at the provincial-level People’s Court and regional People’s Court, and propose the provincial-level Vietnam Fatherland Front Committee to select and recommend persons who fully satisfy the criteria specified in Clause 1, Article 122 of this Law for being elected as people’s assessors by the provincial-level People’s Council.
The composition of people’s assessors must ensure a reasonable structure, meeting the requirements of adjudicating cases falling under the jurisdiction of their Courts, and local conditions and characteristics. The number of persons proposed to be elected as people’s assessors must be larger than the required number.
Chief Justices of provincial-level People’s Courts shall, after reaching agreement with provincial-level Vietnam Fatherland Front Committees, propose provincial-level People’s Councils to relieve from duty or remove from office people’s assessors in accordance with law.”.
21. To amend and supplement Clause 1, Article 128 as follows:
“1. The term of office of people’s assessors of provincial-level People’s Courts and regional People’s Courts is the same as that of provincial-level People’s Councils that have elected such people’s assessors.
Upon the expiration of the term of office of a People’s Council, incumbent people’s assessors shall continue to perform their duties until the People’s Council of the new term of office elects new people’s assessors.”.
22. To amend and supplement Clause 2, Article 147 as follows:
“2. Operating funds of courts specified at Points a, b, c and d, Clause 1, Article 4 of this Law shall be specified by the Government after reaching agreement with the Supreme People’s Court for submission to the National Assembly for decision. If the Government and the Supreme People’s Court cannot reach agreement on estimates of operating funds of courts, the Chief Justice of the Supreme People’s Court shall propose them to the National Assembly for consideration and decision.”.
23. To annul Section 2 of Chapter IV; Articles 63, 79 and 82; Clause 2, Article 122; and Clause 2, Article 127.
Article 2. To amend and supplement a number of articles of the relevant laws
1. To amend and supplement Clause 3, Article 7 of Law No. 54/2010/QH12 on Commercial Arbitration as follows:
“3. Courts having jurisdiction over arbitral activities specified in Clause 1 and at Points a, b, c, d, dd and e, Clause 2 of this Article are regional People’s Courts.
Courts having jurisdiction over arbitral activities specified at Point g, Clause 2 of this Article are certain provincial-level People’s Courts. The National Assembly Standing Committee shall define the scope of territorial jurisdiction of a number of provincial-level People’s Courts over the requests specified at Point g, Clause 2 of this Article.”.
2. To amend and supplement Clause 2, Article 44 of Law No. 66/2006/QH11 on Civil Aviation, which has a number of articles amended and supplemented under Law No. 45/2013/QH13, Law No. 61/2014/QH13, Law No. 16/2023/QH15, Law No. 18/2023/QH15, and Law No. 49/2024/QH15 as follows:
“2. The regional People’s Court of the place where an aircraft lands shall rule to arrest the aircraft upon written request of the owner or creditor in case the aircraft is an asset to secure a debt to the creditor or of a third party that suffers damage on the ground surface caused by the aircraft in flight or of persons having rights and interests related to the aircraft in accordance with this Law.”.
3. To amend and supplement a number of clauses of Article 11 of Law No. 29/2018/QH14 on Protection of State Secrets as follows:
a/ To amend and supplement Point e, Clause 1 as follows:
“e/ Chief Justices of provincial-level People’s Courts, and Chief Procurators of provincial-level People’s Procuracies;”;
b/ To amend and supplement Point dd, Clause 2 as follows:
“dd/ Heads of units under provincial-level People’s Courts and provincial-level People’s Procuracies, excluding the competent persons specified at Point b, Clause 3 of this Article; Chief Justices of regional People’s Courts, and Chief Procurators of regional People’s Procuracies;”.
4. To amend and supplement a number of clauses of Law No. 10/2017/QH14 on State Compensation Liability as follows:
a/ To amend and supplement Clause 3, Article 36 as follows:
“3. Provincial-level People’s Courts and the Central Military Court having the jurisdiction to conduct trial according to the cassation or reopening procedures shall settle compensation in the following cases:
a/ The Justice Council of the Supreme People’s Court quashes cassation or reopening rulings of the provincial-level People’s Courts and the Central Military Court stating that defendants are guilty and terminates criminal cases for the reason that no crime is committed or acts of such defendants do not constitute a crime;
b/ The Council of Justices of the Supreme People’s Court quashes cassation or reopening rulings of the provincial-level People’s Courts and the Central Military Court stating that defendants are guilty for conducting reinvestigation but later the investigation or criminal cases is/are terminated for the accused for the reason that no crime is committed or acts of the accused do not constitute a crime or the time limit for case investigation has expired while the accused cannot be proven to have committed a crime;
c/ The Council of Justices of the Supreme People’s Court quashes cassation or reopening rulings of the provincial-level People’s Courts and the Central Military Court stating that defendants are guilty for conducting retrial but later such defendants are declared not guilty for the reason that no crime is committed or acts of such defendants do not constitute a crime.”;
b/ To replace the phrase “district-level People’s Courts” in the first paragraph of Clause 1, Article 53 with the phrase “regional People’s Courts”.
5. To amend and supplement Article 130 of Vietnam Maritime Code No. 95/2015/QH13, which has a number of articles amended and supplemented under Law No. 35/2018/QH14 and Law No. 16/2023/QH15 as follows:
“Article 130. Competence to decide on arrest of seagoing ships
1. Regional People’s Courts of the localities of ports where seagoing ships requested to be arrested are operating have the jurisdiction to decide on arrest of seagoing ships.
In case a port has different wharves located in communes, wards or special zones falling under the territorial jurisdiction of different regional People’s Courts, the regional People’s Court of the locality of the wharf where the seagoing ship requested to be arrested is operating has the jurisdiction to decide on arrest of such seagoing ship.
2. People’s Courts that are settling civil cases and regional People’s Courts of localities where Arbitration Councils accept to settle disputes have the jurisdiction to decide on application of the provisional urgent measure of arresting seagoing ships.
For a court ruling on arrest of a seagoing ship, two copies shall be handed over to the port authority, one for execution and the other for delivery to the master of the arrested ship for compliance.
3. Chief Justices of provincial-level People’s Courts shall consider and decide on courts having the jurisdiction to decide on arrest of seagoing ships in case there is a dispute over the jurisdiction among regional People’s Courts in the same province or centrally run city.
The Chief Justice of the Supreme People’s Court shall consider and decide on courts having the jurisdiction to decide on arrest of seagoing ships in case there is a dispute over the jurisdiction among regional People’s Courts in different provinces or centrally run cities.”.
6. To amend and supplement a number of articles of Law No. 02/2011/QH13 on Complaints, which has a number of articles amended and supplemented under Law No. 42/2013/QH13 as follows:
a/ To amend and supplement Clause 2, Article 64 as follows:
“2. Provincial-level People’s Courts, provincial-level People’s Procuracies, agencies of political organizations and socio-political organizations in localities shall, within the ambit of their functions, tasks and powers, manage the complaint settlement work and periodically report to same-level People’s Committees on the complaint settlement by their agencies or organizations.”;
b/ To amend and supplement Clause 3, Article 65 as follows:
“3. Local People’s Committees, provincial-level People’s Courts and provincial-level People’s Procuracies shall periodically report to same-level People’s Councils on, and notify same-level Vietnam Fatherland Front Committees of, the situation of complaints, institution of administrative cases and the settlement of complaints and adjudication of administrative cases in their localities.”.
7. To amend and supplement a number of articles of Law No. 25/2018/QH14 on Denunciations, which has a number of articles amended and supplemented under Law No. 59/2020/QH13 as follows:
a/ To amend and supplement Article 14 as follows:
“Article 14. Competence to settle denunciations against illegal acts committed in the performance of tasks or official duties in people’s courts
1. Chief Justices of regional People’s Courts are competent to settle denunciations against illegal acts committed in the performance of official duties by civil servants they directly manage.
2. Chief Justices of provincial-level People’s Courts are competent to:
a/ Settle denunciations against illegal acts committed in the performance of official duties by Chief Justices or Deputy Chief Justices of regional People’s Courts, and by other civil servants they directly manage;
b/ Settle denunciations against illegal acts committed in the performance of official duties of regional People’s Courts.
3. The Chief Justice of the Supreme People’s Court is competent to:
a/ Settle denunciations against illegal acts committed in the performance of official duties by Chief Justices or Deputy Chief Justices of provincial-level People’s Courts; and in the performance of tasks or official duties by other civil servants or public employees he/she directly manages;
b/ Settle denunciations against illegal acts committed in the performance of tasks or official duties by agencies or organizations he/she directly manages or by provincial-level People’s Courts.”;
b/ To amend and supplement Clause 2, Article 60 as follows:
“2. Provincial-level People’s Courts, provincial-level People’s Procuracies, other state agencies and local bodies of political organizations and socio-political organizations shall, within the ambit of their tasks and powers, manage the denunciation settlement work; and annually send reports on the denunciation settlement work under their management to same-level People’s Committees for summarization and reporting to People’s Councils.”.
8. To amend and supplement Clause 4, Article 66 of Law No. 102/2016/QH13 on Children, which has a number of articles amended and supplemented under Law No. 28/2018/QH14 and Law No. 59/2024/QH15 as follows:
“4. The regional People’s Court shall decide on alternative care for a child defined in Clause 2, Article 62 of this Law at the proposal of an agency, organization or individual in charge of child protection as specified by law.”.
9. To amend and supplement a number of articles of Law No. 26/2008/QH12 on Enforcement of Civil Judgments, which has a number of articles amended and supplemented under Law No. 64/2014/QH13, Law No. 23/2018/QH14, Law No. 67/2020/QH14, Law No. 03/2022/QH15, Law No. 31/2024/QH15, Law No. 43/2024/QH15, and Law No. 59/2024/QH15 as follows:
a/ To amend and supplement Article 35 as follows:
“Article 35. Competence to enforce judgments
1. Provincial-level civil judgment enforcement agencies are competent to enforce the following judgments and rulings:
a/ First-instance judgments and rulings of regional People’s Courts; first-instance, appellate, cassation or reopening judgments and rulings of provincial-level People’s Courts of the localities where the head offices of civil judgment enforcement agencies are located;
b/ Judgments and rulings of the Appellate Courts of the Supreme People’s Court over judgments and rulings of provincial-level People’s Courts of the localities where the head offices of civil judgment enforcement agencies are located;
c/ Cassation or reopening rulings of the Supreme People’s Court over judgments and rulings of provincial-level People’s Courts of the localities where the head offices of civil judgment enforcement agencies are located;
d/ Cassation or reopening rulings of the Supreme People’s Court over judgments and rulings of the Appellate Courts of the Supreme People’s Court of the localities where the head offices of provincial-level People’s Courts that have conducted first-instance trials are located;
dd/ Rulings of the Supreme People’s Court forwarded to provincial-level civil judgment enforcement agencies;
e/ Judgments and rulings of foreign courts and decisions of foreign arbitrations recognized and permitted for enforcement in Vietnam;
g/ Awards and decisions of commercial arbitrations;
h/ Decisions on handling of competition matters of the Chairperson of the Vietnam Competition Commission or the Council for settlement of competition restriction matters, and decisions on settlement of complaints about decisions on handling of competition matters of Chairperson of the Vietnam Competition Commission or the Council for settlement of complaints about decisions on settlement of competition matters;
i/ Judgments and rulings entrusted by civil judgment enforcement agencies of other localities;
k/ Decisions on application of the diversionary measure of compensation for damage of the investigating bodies, People’s Procuracies or People’s Courts of the localities where the head offices of civil judgment enforcement agencies are located;
l/ Other judgments and rulings as specified by law.
2. Military zone-level judgment enforcement agencies are competent to enforce:
a/ Rulings on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, and court fees, and civil rulings in criminal judgments and rulings of Military Courts of military zones or the equivalent in their localities;
b/ Rulings on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, and court fees, and civil rulings in criminal judgments and rulings of regional Military Courts in their localities;
c/ Rulings on fines, confiscation of assets, handling of material evidence and assets, retrospective collection of illicitly earned money and assets, and court fees, and civil rulings in criminal judgments and rulings forwarded by the Central Military Court to military zone-level judgment enforcement agencies;
d/ Civil rulings forwarded by the Supreme People’s Court to military zone-level judgment enforcement agencies;
dd/ Decisions on the application of the diversionary measure of compensation for damage of investigating bodies in the People’s Army, Military Procuracies or Military Courts of localities where the head offices of military zone-level judgment enforcement agencies are located;
e/ Judgments and rulings entrusted by civil judgment enforcement agencies of other localities;
g/ Other judgments and rulings as specified by law.”;
b/ To amend and supplement Point dd, Clause 1, Article 48 as follows:
“dd/ The judgment enforcement is during the period for competent agencies to explain judgments and rulings and respond to proposals of civil judgment enforcement agencies under Point b, Clause 2, and Point d, Clause 3, Article 170, and Clause 2, Article 179, of this Law.”.
c/ To amend and supplement Clause 1, Article 63 as follows:
“1. The consideration of judgment execution obligation exemption or reduction regarding amounts payable to the state budget falls under the jurisdiction of regional People’s Courts and regional Military Courts (below collectively referred to as regional People’s Courts and the equivalent) of localities where the head offices of civil judgment enforcement agencies currently organizing the judgment enforcement are located.”;
d/ To amend and supplement Article 170 as follows:
“Article 170. Duties and powers of courts in civil judgment enforcement
1. Duties and powers of the Supreme People’s Court:
a/ To coordinate with the Ministry of Justice in promulgating legal documents on civil judgment enforcement;
b/ To request civil judgment enforcement agencies to report on judgment and ruling enforcement results in case of necessity;
c/ To review according to reopening procedures rulings on judgment execution exemption or reduction in accordance with law;
d/ To settle requests and proposals and direct courts at all levels in settling requests and proposals of civil judgment enforcement agencies within the law-specified time limit;
dd/ To direct courts at all levels in coordinating with related agencies in enforcing civil judgments;
e/ To coordinate with the Ministry of Justice in reviewing the civil judgment enforcement work.
2. Duties and powers of the Central Military Court:
a/ To request civil judgment enforcement agencies to report on judgment and ruling enforcement results in case of necessity;
b/ To respond to proposals of civil judgment enforcement agencies on review of court judgments and rulings according to cassation or reopening procedures within 90 days after receiving such proposals;
c/ To consider according to reopening procedures rulings on judgment execution exemption or reduction in accordance with law.
3. Duties and powers of provincial-level People’s Courts:
a/ To forward judgments, rulings, and related documents and material evidence to civil judgment enforcement agencies in accordance with this Law;
b/ To settle protests against rulings on judgment execution obligation exemption or reduction regarding amounts payable to the state budget in accordance with this Law;
c/ To request civil judgment enforcement agencies to report on judgment and ruling enforcement results in case of necessity;
d/ To respond to proposals of civil judgment enforcement agencies on review of court judgments and rulings according to cassation or reopening procedures within 90 days after receiving such proposals;
dd/ To settle proposals and requests of civil judgment enforcement agencies and monitor results thereof after making replies;
e/ To consider according to reopening procedures rulings on judgment execution exemption or reduction in accordance with law.
4. Duties and powers of regional People’s Courts and the equivalent, and Military Courts of military zones and the equivalent:
a/ To forward judgments, rulings, and related documents and material evidence to civil judgment enforcement agencies in accordance with this Law;
b/ To consider and rule on judgment execution obligation exemption or reduction regarding amounts payable to the state budget;
c/ To accept and promptly settle requests of civil judgment enforcement agencies and involved parties on determination of the ownership and division of property or settlement of disputes over property ownership or use rights; to revoke papers and transactions arising in the course of judgment enforcement under their jurisdiction;
d/ To settle proposals and requests of civil judgment enforcement agencies and monitor results thereof after making replies.
5. When conducting retrial of cases for which judgments and rulings have been partially or wholly quashed under cassation or reopening rulings, the Courts shall settle the matter of property and obligations performed under the legally effective judgments and rulings that are quashed.”.
10. To amend and supplement Clause 3, Article 16 of Anti-Corruption Law No. 36/2018/QH14, which has a number of articles amended and supplemented under Law No. 59/2020/QH14 as follows:
3. Provincial-level People’s Courts and provincial-level People’s Procuracies shall coordinate with same-level People’s Committees in preparing reports on anti-corruption work in their localities.”.
11. To amend and supplement or annul a number of articles of Law No. 08/2007/QH12 on Mutual Legal Assistance as follows:
a/ To amend and supplement Article 38 as follows:
“Article 38. Receipt of extradition requests
Within twenty days after receiving an extradition request and accompanying documents, the Ministry of Public Security shall record in the extradition dossier register and check the dossier under Article 36 of this Law. The Ministry of Public Security may request the competent authority of the extradition-requesting country to provide information supplementing the dossier. If not receiving any additional information after sixty days from the date of sending the request for additional information, the Ministry of Public Security shall return the dossier to the extradition-requesting country and clearly state the reason. If the dossier is valid, the Ministry of Public Security shall immediately forward two dossier sets to the competent regional People’s Court for consideration and decision.”.
b/ To amend and supplement Clause 1, Article 39 as follows:
“1. In case of receiving written requests of two or more countries for the extradition of one person for the same crime or for different crimes, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of Justice, the Supreme People’s Procuracy and the Supreme People’s Court in, considering them and deciding to satisfy the extradition request of one of the requesting countries and transfer the extradition request dossier to the concerned regional People’s Court for consideration and decision on the extradition.”;
c/ To amend and supplement Article 40 as follows:
“Article 40. Extradition decisions
1. Within ten working days after receiving an extradition request dossier from the Ministry of Public Security, the regional People’s Court of the locality where the person requested for extradition is residing, being detained or held in custody or serving his/her imprisonment sentence shall accept it and notify such in writing to the same-level People’s Procuracy. Within the time limit for preparing to consider the extradition request, the concerned regional People’s Court may request a foreign competent authority to clarify unclear contents in the extradition request dossier. Written extradition requests and written replies shall be sent through the Ministry of Public Security.
2. Within four months after accepting the request, the regional People’s Court shall, on a case-by-case basis, issue one of the following decisions:
a/ Decision to consider the extradition request when the conditions specified in this Law are fully met;
b/ Decision to suspend the consideration of the extradition request and return the dossier to the Ministry of Public Security in case the request falls beyond its jurisdiction, or the foreign partner withdraws the extradition request or the person requested for extradition has left Vietnam or, for other reasons, the consideration cannot proceed.
3. The regional People’s Court shall consider an extradition request within thirty days after issuing a decision specified at Point a, Clause 2 of this Article and immediately transfer one dossier set to the same-level People’s Procuracy.
4. The extradition request shall be considered at a meeting of a council consisting of three judges, including a presiding judge, with the participation of procurators of the same-level People’s Procuracy.
The extradition request-considering council shall work in the following order:
a/ A council member presents contents of the dossier of the extradition-requesting country and gives his/her opinions on legal grounds of the extradition;
b/ The procurator presents the viewpoint of the People’s Procuracy on the extradition;
c/ The lawyer or lawful representative of the person requested for extradition presents his/her opinions, if any;
d/ The person requested for extradition states his/her opinions;
dd/ Based on the provisions of this Law and other relevant provisions of Vietnam’s laws and treaties to which Vietnam is a contracting party, the council discusses and decides by majority on the extradition or refusal of the extradition.
5. Within ten working days after issuing a decision on extradition or refusal of the extradition, the regional People’s Court shall send the decision to the person requested for extradition, the same-level People’s Procuracy and the Ministry of Public Security for the exercise of rights and performance of obligations in accordance with law.
The person requested for extradition may file an appeal and the same-level People’s Procuracy may file a protest within fifteen days, and the provincial-level People’s Procuracy may file a protest within thirty days against a decision after the regional People’s Court issues the decision. The regional People’s Court shall send the dossier and appeal or protest to the provincial-level People’s Court within seven days after the time limit for filing an appeal or a protest expires.
Within twenty days after receiving the extradition dossier and the appeal or protest, the provincial-level People’s Court shall hold a meeting to consider the decision of the regional People’s Court that is appealed or protested; the appellate consideration council shall decide on the extradition or refusal of the extradition. The procedures for examination of appeals or protests against extradition decisions of regional People’s Courts must comply with Clause 4 of this Article.
6. Legally effective extradition decisions include:
a/ Decisions of first-instance courts that are not appealed or protested;
b/ Decisions of appellate courts.”;
d/ To amend and supplement Clause 1, Article 42 as follows:
“1. Within five working days from the date an extradition decision of a People’s Court takes legal effect, the Chief Justice of the competent regional People’s Court shall issue a decision to enforce the extradition decision. The decision to enforce the extradition decision shall be sent to the same-level People’s Procuracy, the Ministry of Public Security, the extradition-requesting country and the extradited person.”;
dd/ To amend and supplement Clause 2, Article 43 as follows:
“2. Upon expiration of the time limit agreed upon in advance by concerned countries, if the extradition-requesting country refuses to receive the extradited person, the Ministry of Public Security shall propose the regional People’s Court that has issued the extradition decision to cancel the decision to enforce the extradition decision and notify such to the extradition-requesting country.”;
e/ To amend and supplement Clause 1, Article 44 as follows:
“1. When a person requested for extradition is being examined for penal liability or serving his/her penalty in Vietnam’s territory for a crime other than the crime for which he/she is requested for extradition, the regional People’s Court that has issued the extradition decision may, on its own or at the proposal of the regional People’s Procuracy or the competent Public Security agency, postpone the enforcement of the decision on extradition of such person until the penal liability examination is completed or until the whole or part of the declared judgment is served. The Ministry of Public Security shall notify in writing the extradition-requesting country of the extradition postponement at least ten working days before the expiration of the time limit for postponement of enforcement of the extradition decision. The Chief Justice of the regional People’s Court that has postponed the enforcement of the extradition decision shall issue a decision to enforce the extradition decision and send it together with relevant documents and dossier to the Public Security agency enforcing the extradition decision for notifying thereof to the extradition-requesting country and proceeding with the extradition under the specific agreement with the extradition-requesting country.”;
g/ To amend and supplement Article 45 as follows:
“Article 45. Re-extradition
If the extradited person shirks the penal liability examination or penalty serving in a foreign country and returns to Vietnam, the extradition-requesting country may send a request for re-extradition of such person together with the documents defined in Articles 36 and 37 of this Law; in this case, the regional People’s Court shall not repeat the procedures for extradition decision specified in Article 40 of this Law; the Chief Justice of the regional People’s Court who previously issued the extradition decision shall decide to re-extradite such person. The escort of re-extradited persons must comply with Article 43 of this Law.”;
h/ To amend and supplement Article 54 as follows:
“Article 54. Receipt of requests for transfer of persons serving imprisonment sentences
Within twenty days after receiving a dossier of request for transfer of a person serving the imprisonment sentence and accompanying documents, the Ministry of Public Security shall record in the transfer dossier register and check the dossier under Articles 52 and 53 of this Law. The Ministry of Public Security may request a competent authority of the transfer-requesting country to provide information supplementing the dossier. After sixty days from the date of sending a written request for additional information, if the Ministry of Public Security receives no additional information, it shall return the dossier to the transfer-requesting country and clearly state the reason. If the dossier is valid, the Ministry of Public Security shall transfer two dossier sets to the competent regional People’s Court for consideration and decision.”;
i/ To amend and supplement Article 55 as follows:
“Article 55. Decisions on transfer of persons serving their imprisonment sentences in Vietnam to foreign countries
1. Within ten working days after receiving a complete dossier of request for transfer of a person serving his/her imprisonment sentence in Vietnam to a foreign country from the Ministry of Public Security, the regional People’s Court of the locality where the convicted person is serving his/her imprisonment sentence shall accept the case for settlement and notify such in writing to the same-level People’s Procuracy. Within the time limit for preparing to consider the request for transfer of the person serving his/her imprisonment sentence, the People’s Court may request a competent authority of the foreign country to clarify unclear contents in the dossier. Written requests and written replies shall be sent through the Ministry of Public Security.
2. Within thirty days after accepting a case for settlement, the regional People’s Court shall, on a case-by-case basis, issue one of the following decisions:
a/ Decision to consider the transfer request when the conditions specified in Article 50 of this Law are fully met;
b/ Decision to suspend the consideration of the transfer request and return the dossier to the Ministry of Public Security if the case falls beyond its jurisdiction or the competent authority of the foreign country or the transfer-requesting person withdraws its/his/her transfer request or the person requested for transfer has left Vietnam, or for other reasons the consideration cannot proceed.
3. The regional People’s Court shall consider a transfer request within thirty days after issuing a decision specified at Point a, Clause 2 of this Article and immediately transfer one dossier set to the same-level People’s Procuracy.
4. A transfer request shall be considered at a meeting of a council composed of three judges, including a presiding judge, with the participation of procurators of the same-level People’s Procuracy.
The transfer request-considering council shall work in the following order:
a/ A council member presents contents of the dossier of the transfer-requesting country and give his/her opinions on legal grounds of the transfer;
b/ The procurator states the viewpoint of the People’s Procuracy on the transfer;
c/ The lawyer or lawful representative of the person requested for transfer presents his/her opinions, if any;
d/ The transfer-requesting person states his/her opinions;
dd/ Based on the provisions of this Law, other relevant provisions of Vietnam’s law and treaties to which Vietnam is a contracting party, the council discusses and decides by majority on the transfer or refusal of the transfer.
5. Within ten working days after issuing a decision on the transfer or refusal of the transfer, the regional People’s Court shall send the decision to the transferred person, the same-level People’s Procuracy and the Ministry of Public Security for the exercise/performance of rights/obligations in accordance with law.
The transfer requester may file an appeal and the same-level People’s Procuracy may file a protest within fifteen days, and the provincial-level People’s Procuracy may file a protest within thirty days against a decision after the regional People’s Court issues the decision. The regional People’s Court shall send the dossier and the appeal or protest to the provincial-level People’s Court within seven days after the time limit for filing an appeal or a protest expires.
Within twenty days after receiving the transfer dossier and the appeal or protest, the provincial-level People’s Court shall hold a meeting to consider the decision of the regional People’s Court that is appealed or protested; the appellate consideration council shall decide on the transfer or refusal of the transfer. The order of considering appeals or protests against transfer decisions of regional People’s Courts must comply with Clause 4 of this Article.
6. Legally effective transfer decisions include:
a/ Decisions of First-Instance Courts that are not appealed or protested;
b/ Decisions of Appellate Courts.”;
k/ To amend and supplement Article 56 as follows:
“Article 56. Competence to decide on receipt of persons serving their imprisonment sentences in foreign countries to Vietnam
Regional People’s Courts of localities where transferred persons last reside in Vietnam shall decide on the receipt persons serving their imprisonment sentences. The order and procedures for consideration of the receipt must comply with Article 55 of this Law.”;
l/ To amend and supplement Article 68 as follows:
“Article 68. Responsibilities of regional People’s Courts and provincial-level People’s Courts
1. Responsibilities of regional People’s Courts:
a/ To perform requests for mutual legal assistance of foreign countries in accordance with this Law;
b/ To consider and decide on the extradition and transfer of persons serving imprisonment sentences or to refuse the extradition and transfer of persons serving imprisonment sentences in accordance with this Law;
c/ To carry out other mutual legal assistance activities according to their jurisdiction;
d/ To report on results of mutual legal assistance to provincial-level People’s Courts for summarization and reporting to the Supreme People’s Court.
2. Responsibilities of provincial-level People’s Courts:
a/ To consider and file appeals or protests against decisions on extradition and transfer of persons serving imprisonment sentences according to their jurisdiction;
b/ To report on results of mutual legal assistance to the Supreme People’s Court.”;
m/ To annul Clause 2, Article 63.
12. To replace the phase “district-level People’s Courts” in Clause 4, Article 33; and Clauses 3 and 4, Article 34, of Law No. 73/2021/QH14 on Drug Prevention and Control with the phrase “regional People’s Courts”.
13. To replace the phase “district-level People’s Courts” in Clause 3, Article 123 of Law No. 52/2014/QH13 on Marriage and Family with the phrase “regional People’s Courts”.
Article 3. Effect
This Law takes effect on July 1, 2025.
This Law was passed on June 24, 2025, by the 15th National Assembly of the Socialist Republic of Vietnam at its 9th session.
Chairman of the National Assembly
TRAN THANH MAN
[1] Công Báo Nos 951-952 (21/7/2025)