Luật Tổ chức Tòa án nhân dân sửa đổi 2025

LAW

AMENDMENTS TO LAW ON ORGANIZATION OF PEOPLE’S COURTS

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

 The National Assembly promulgates Law on amendments to Law on Organization of People’s Courts No. 34/2024/QH15.

Article 1. Amendments to the Law on Organization of People’s Courts

1. Article 4 shall be amended as follows:

“Article 4. Organization of and jurisdiction to establish or dissolve People’s Courts

1. People’s Courts include:

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b) People’s Courts of cities and provinces (hereinafter referred to as “provincial People’s Courts”);

c) Regional People’s Courts;

d) Specialized Courts at International Financial Centers (hereinafter referred to as “Specialized Courts”)

dd) Central Military Court, Military Courts of military zones and equivalents, regional Military Courts (hereinafter referred to as “Military Courts”).

2. The jurisdiction to establish or dissolve provincial People’s Courts; regional People’s Courts; and promulgate regulations on the scope of territorial jurisdiction of some provincial People’s Courts, regional People’s Courts and Military Courts shall be regulated as follows:

a) The National Assembly Standing Committee has jurisdiction to decide to establish or dissolve provincial People’s Courts and regional People’s Courts; and promulgate regulations on 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 has jurisdiction to promulgate regulations on the scope of territorial jurisdiction of some provincial People’s Courts to annul arbitration award or apply for arbitration award at the request of the Chief Justice of the Supreme People’s Court;

c) The National Assembly Standing Committee has jurisdiction to promulgate regulations on the scope of territorial jurisdiction of some regional People’s Courts to settle bankruptcy cases; business, commerce and civil cases and administrative lawsuits over intellectual property and technology transfer at the request of the Chief Justice of the Supreme People’s Court;

d) The National Assembly Standing Committee has jurisdiction to decide to establish or dissolve and promulgate regulations on the scope of territorial jurisdiction of Military Courts of military zones and equivalents, regional Military Courts at the request of the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.”.

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“1. The National Council for Selection and Supervision of Judges is composed of a Chairperson, Vice Chairperson and members. To be specific:

a) Chairperson of the Council who is Chief Justice of the Supreme People’s Court;

b) 01 Vice Chairperson of the Council who is a person concurrently holding the positions of the Deputy Chief Justice of the Supreme People’s Court and Judge of the Supreme People’s Court. The Vice Chairperson of the Council will be reassigned by the Chief Justice of the Supreme People’s Court every year;

c) Chief Justice of the Central Military Court;

d) 01 head of unit affiliated to the Supreme People’s Court who is Judge of the Supreme People’s Court, 01 Chief Justice of the Appellate Court of the Supreme People's Court, 01 Chief Justice of the provincial People’s Court, designated by the Chief Justice of the Supreme People’s Court;

dd) Representatives of the leaderships of the Central Committee of the Vietnam Fatherland Front, Vietnam Lawyers’ Association, the President Office, the Ministry of Justice, the Ministry of National Defense, the Ministry of Home Affairs, and the Ministry of Finance. Each Ministry, authority or organization shall appoint one representative.

3. Article 46 shall be amended 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 and performs the following duties and powers:

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2. Supervise the adjudication by the Appellate Court of the Supreme People's Court and other Courts, except cases prescribed by a law;

3. Organize appellate trials over criminal lawsuits on which first-instance judgments or decisions of provincial People’s Courts have not taken effect and are appealed or protested against as per law;

4. Make overall assessment of adjudication practices of Courts and ensure the uniform application of law to adjudication;

5. Develop precedents;

6. Give training to human resources; train Judges, Court Examiners, Court Clerks, other public employees of Courts; and provide refresher training for Jurors, Mediators and other persons as per law;

7. Manage organizational structure of People’s Courts and Military Courts in accordance with this Law and relevant laws, thereby ensuring independence of Courts from one another;

8. Propose formulation of laws, ordinances and resolutions of the National Assembly, the National Assembly Standing Committee; submit bills and draft resolutions to the National Assembly; submit draft ordinances and resolutions to the National Assembly Standing Committee;

9. Conduct professional inspections of Courts, Judges, Jurors, Court Examiners and Court Clerks so as to ensure compliance with regulations of law, control of powers and prevention and control of bureaucracy, corruption and extravagance in Courts’ operations;

10. Ensure international cooperation;

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4. Article 47 shall be amended 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) Council of Justices;

b) Appellate Courts;

c) Departments and equivalents;

d) Training institution;

dd) Press agency.

2. The Supreme People’s Court has the Chief Justice, Deputy Chief Justices, Judges of the Supreme People’s Court, Presidents and Vice Presidents of tribunals, Judges of People’s Courts, Examiners, Clerks, other public employees and employees.

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5. Clause 1 Article 48 shall be amended as follows:

“1. The number of members of the Council of Justices of the Supreme People’s Court shall be between 23 and 27, including the Chief Justice, Deputy Chief Justices that are Judges of the Supreme People’s Court and other Judges of the Supreme People’s Court.”.

6. Article 49a shall be added after Article 49 in Section 1 of Chapter IV as follows:

 “Article 49a. Duties and powers of Appellate Courts of the Supreme People’s Court

1. Organize appellate trials over criminal lawsuits on which first-instance judgments or decisions of provincial People’s Courts have not taken effect and are appealed or protested against as per law.

2. Request the Chief Justice of the Supreme People’s Court to consider protesting against judgments or decisions of Appellate Courts of the Supreme People’s Court, provincial People’s Courts which have taken legal effect according to cassation or reopening procedure as per law.

3. Make overall assessment of adjudication practices; propose precedents.

4. Perform duties and exercise powers specified in points b, c, d and dd clause 2 Article 3 of this Law.

5. Perform other duties and powers as per law.”.

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“Section 3

PROVINCIAL PEOPLE’S COURTS

Article 55. Duties and powers of provincial People’s Courts

1. Conduct first-instance trials over criminal lawsuits as per law.

2. Organize appellate trials over lawsuits/cases on which first-instance judgments or decisions of regional People’s Courts have not taken effect and are appealed or protested against as per law.

3. Review regional People’s Courts’ judgments and decisions which have taken legal effect and are protested against according to cassation or reopening procedure and in accordance with the law;

4. Inspect judgments or decisions of regional People’s Courts which have yet taken legal effect.

5. Request the Chief Justice of the Supreme People’s Court to consider protesting against judgments or decisions of Appellate Courts of the Supreme People’s Court, provincial People’s Courts which have taken legal effect according to cassation or reopening procedure as per law.

6. Make overall assessment of adjudication practices; propose precedents.

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8. Perform other duties and powers as per law.”.

Article 56. Organizational structure of provincial People’s Courts

1. The organizational structure of a provincial People’s Court consists of:

a) Judges' Committee;

b) Criminal, civil, administrative, economic, labor, family and juvenile tribunals.

If necessary, the National Assembly Standing Committee shall decide to establish other specialized tribunals at the request of the Chief Justice of the Supreme People’s Court.

According to regulations of this point and adjudication practice requirements applicable to each provincial People’s Court, the Chief Justice of the Supreme People’s Court shall decide the organization of specialized tribunals;

c) Assistance apparatus.

The Chief Justice of the Supreme People’s Court shall decide establishment and issue regulations on duties and powers of the assistance apparatus affiliated to every provincial People’s Court.

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Article 57. Judges' Committees of provincial People’s Courts

1. A Judges' Committee of a provincial People’s Court shall be composed of the Chief Justice, Deputy Chief Justices and some People’s Court Judges as decided by the Chief Justice of the Supreme People’s Court.  The number of members of the Judges' Committee shall be decided by the Chief Justice of the Supreme People’s Court at the request of the Chief Justice of the provincial People’s Court.

Meetings of the Judges' Committee of the provincial People’s Court shall be chaired by the Chief Justice.

2.  The Judges' Committee of the provincial People’s Court has the following duties and powers:

a) Review regional People’s Courts’ judgments and decisions which have taken legal effect and are protested against according to cassation or reopening procedure and in accordance with the law;

b) Discuss working programs and plans prepared by the provincial People’s Court;

c) Discuss and give its opinions on reports on tasks performed by the Chief Justice of the provincial People’s Court to submit them to the Chief Justice of the Supreme People’s Court and the People’s Council at the same level;

d) Discuss recommendations made by the Chief Justice of the provincial People’s Court about proposals submitted to the Chief Justice of the Supreme People’s Court for reconsideration of judgments or decisions of the provincial People’s Court, the Appellate Court of the Supreme People’s Court which have yet taken legal effect according to cassation or reopening procedure at the request of the Chief Justice of the provincial People’s Court;

dd) Make overall assessment of adjudication practices; propose precedents.

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1. Conduct first-instance trials over criminal lawsuits as per law.

2. Organize appellate trials over lawsuits/cases on which first-instance judgments or decisions of regional People’s Courts have not taken effect and are appealed or protested against as per law.

3. Perform duties and exercise powers specified in points b, c, d, dd and h clause 2 Article 3 of this Law.”.

8. Section 4 Chapter IV shall be amended as follows:

“Section 4

REGIONAL PEOPLE’S COURTS

Article 59. Duties and powers of regional People’s Courts

1. Conduct first-instance trials over lawsuits and cases as per law.

2. Perform duties and exercise powers specified in points b, c, d, dd and g clause 2 Article 3 of this Law.

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4. Make overall assessment of adjudication practices; propose precedents.

5. Perform other duties and powers as per law.”.

Article 60. Organizational structure of regional People’s Courts

1. The organizational structure of a regional People’s Court consists of:

a) Criminal, civil, administrative, economic, family and juvenile tribunals; bankruptcy and intellectual property tribunals of some regional People’s Courts.

According to regulations of this point and adjudication practice requirements applicable to each regional People’s Court, the Chief Justice of the Supreme People’s Court shall decide the organization of criminal, civil, administrative, economic, family and juvenile tribunals.

According to regulations in point c clause 2 Article 4 of this Law, the Chief Justice of the Supreme People’s Court shall decide the organization of bankruptcy and intellectual property tribunals of some regional People’s Courts.

If necessary, the National Assembly Standing Committee shall decide to establish other specialized tribunals at the request of the Chief Justice of the Supreme People’s Court;

b) Assistance apparatus.

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2. A regional People’s Court has its Chief Justice, Deputy Chief Justices, Presidents and Vice Presidents of tribunals, People’s Court Judges, Examiners in charge of enforcing judgments, Clerks, other public employees and employees.

Article 61. Duties and powers of  specialized tribunals of the regional People’s Court

1. Conduct first-instance trials over lawsuits and cases as per law.

2. Perform duties and exercise powers specified in points b, c, d, dd and h clause 2 Article 3 of this Law.”.

9. Title of Section 5 Chapter IV shall be amended as follows:

“Section 5

SPECIALIZED COURTS”.

10. Article 62 shall be amended as follows:

“Article 62. Organization and operation of specialized Courts

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2. The National Assembly Standing Committee shall decide to establish or dissolve and promulgate regulations on the scope of territorial jurisdiction of specialized Courts at the request of the Chief Justice of the Supreme People’s Court.".

11. Some clauses of Article 77 shall be amended as follows:

a) Clause 8 shall be amended as follows:

“8. Appoint, discharge or remove from office the holders of positions specified in clause 1, Article 80; clause 1, Article 81; clause 1 Article 83, clause 1 Article 85, clause 1 Article 86, clause 1 Article 87 of this Law and other positions of the Supreme People’s Court, except for those within the jurisdiction over appointment, discharge or removal from office of the President of Vietnam.”;

b) Clauses 11, 12, 13 and 14 shall be amended as follows:

“11. Request the National Assembly Standing Committee to decide the establishment or dissolution of provincial People’s Courts, regional People’s Courts and specialized Courts; regulations on territorial jurisdiction of regional People’s Courts and specialized Courts; and establishment of other specialized tribunals of People’s Courts if necessary.

Request the National Assembly Standing Committee to promulgate regulations on territorial jurisdiction of some provincial People’s Courts to annul arbitration award or apply for arbitration award.

Request the National Assembly Standing Committee to decide the establishment or dissolution of and promulgate regulations on territorial jurisdiction of Military Courts of military zones and equivalents and regional Military Courts after reaching agreement with the Minister of National Defense.

12. Decide organization of specialized tribunals according to regulations in clause 1 Article 56 and point a clause 1 Article 60 of this Law.

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Pursuant to the approval resolution of the National Assembly Standing Committee, the Chief Justice of the Supreme People’s Court shall decide the establishment of authorities and units specified in points b, c and dd clause 1 Article 47 of this Law.

Stipulate organizational apparatus, duties and powers of authorities and units specified in points b, c, d and dd clause 1 Article 47 of this Law; scope of territorial jurisdiction of Appellate Courts of the Supreme People's Court.

14. Decide establishment, reorganization or dissolution of and issue regulations on duties and powers of assistance apparatuses of provincial People’s Courts and regional People’s Courts.”.

12. Article 80 shall be amended as follows:

“Article 80. Chief Justices of provincial People’s Courts

1. Chief Justices of provincial People’s Courts shall be appointed, discharged or removed from office by the Chief Justice of the Superior People’s Court.

The term of office of a Chief Justice of a provincial People’s Court shall be 5 years from the date of appointment.

2. The Chief Justice of the provincial People’s Court has the following duties and powers:

a) Organize trials of the provincial People’s Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

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c) Chair meetings of the Judges' Committee of the provincial People’s Court;

d) Perform duties and powers over personnel organization as delegated by the Chief Justice of the Supreme People’s Court;

dd) Be answerable and report tasks of the provincial People’s Court and regional People’s Courts within their provinces to the provincial People’s Council and the Chief Justice of the Supreme People’s Court;  answer questions and respond to recommendations of delegates of the provincial People’s Council;

e) Recommend the Chief Justice of the Supreme People’s Court to consider protesting against judgments or decisions of the provincial People’s Court, the Appellate Court of the Supreme People's Court which have yet taken legal effect according to cassation or reopening procedure as per law;

g) Perform other duties and powers as per law.”.

13. Article 81 shall be amended as follows:

“Article 81. Chief Justices of regional People’s Courts

1. Chief Justices of regional People’s Courts shall be appointed, discharged or removed from office by the Chief Justice of the Supreme People’s Court.

The term of office of a Chief Justice of a regional People’s Court shall be 5 years from the date of appointment.

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a) Organize trials of the regional People’s Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

b) Perform duties and powers over personnel organization as delegated by the Chief Justice of the Supreme People’s Court;

c) Be answerable and report tasks to the Chief Justice of the provincial People’s Court;

d) Request the Chief Justice of the Supreme People’s Court, the Chief Justice of the provincial People’s Court to consider protesting against judgments or decisions of regional People’s Courts, provincial People’s Courts which have taken legal effect according to cassation or reopening procedure as per law;

dd) Perform other duties and powers as per law.”.

14. Article 83 shall be amended as follows:

“Article 83. Deputy Chief Justices of provincial People’s Courts, regional People’s Courts

1. Deputy Chief Justices of provincial People’s Courts and regional People’s Courts shall be appointed, discharged or removed from office by the Chief Justice of the Supreme People’s Court.

The term of office of a Deputy Chief Justice of a provincial or regional People’s Court shall be 5 years from the date of appointment.

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3. Deputy Chief Justices shall perform duties and powers according to the procedural law and other duties and powers as per law.”.

15. Article 93 shall be amended as follows:

“Article 93. Duties and powers of Judges of People’s Courts

1. Perform duties and exercise powers specified in points a, b, c, d and dd clause 2 Article 3 of this Law.

2. A People’s Court Judge that works for the Supreme People’s Court has the following duties and powers:

a) Adjudicate and settle lawsuits and cases at Appellate Courts of the Supreme People's Court; settle lawsuits and cases at other Courts according to regulations issued by the Chief Justice of the Supreme People’s Court;

b) Consider deciding to accept petitions, written requests and recommendations according to cassation or reopening procedure as assigned by the Chief Justice of the Supreme People’s Court;

c) Send proposals to the Chief Justice and Judges of the Supreme People’s Court for processing written requests, petitions and recommendations according to cassation or reopening procedure;

d) Inspect and appraise documents and evidences as per law;

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e) Respond to written requests, petitions and recommendations according to cassation or reopening procedure and in accordance with regulations issued by the Chief Justice of the Supreme People’s Court;

g) Request the Chief Justice of the Supreme People’s Court to resolve procedural complaints according to regulations of the procedural law;

h) Request the Chief Justice of the Supreme People’s Court to perform duties and powers over execution of death sentences and pardon-related activities as per law;

i) Request the Chief Justice and the Council of Justices of the Supreme People’s Court to develop precedents for legally effective judgments or decisions of Courts;

k) Propose lessons to be drawn and assurance of uniform application of laws to practical adjudication and settlement of lawsuits and cases.

3. Perform other duties and powers as assigned by the Chief Justice according to regulations of law.”.

16. Clause 2 Article 95 shall be amended as follows:

“2. In a special case, a person who fully meets the standards prescribed in clauses 1, 3, 5 and 6 Article 94 of this Law may be appointed as a Judge of a People’s Court; regarding an in-service army officer, he/she may be selected and appointed as a Judge of a People’s Court affiliated to any Military Court in one of the following cases:

a) Having been engaged in legal affairs for at least 10 years; being transferred by a competent agency or organization to hold the leading position in a regional People’s Court or a regional Military Court;

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17. Article 96 shall be amended as follows:

“Article 96. Standards and conditions for appointment of Judges of the Supreme People’s Court

1. A person who fully meets the standards prescribed 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 at least 45 years old;

b) Having a minimum of 20 years of experience working for a Court, including at least 10 years serving as a People’s Court Judge. In a special case, he/she shall have a minimum of 05 years of experience working as a Judge of a People’s Court or be working as a Judge of a People’s Court, have a minimum of 05 years of experience working as a Director of a Professional Department at the Supreme People’s Court and the number of nominees shall not exceed the total number of Judges of the Supreme People’s Court by more than 10% and shall be approved by a competent authority;

c) Being capable of adjudicating and settling lawsuits/cases, and other matters within the jurisdiction of the Supreme People’s Court prescribed by the law.

2. A person who does not work in a Court but has high reputation in society, meets the standards specified in clause 1 and clause 6 Article 94 of this Law and conditions for appointment specified in point a and point c clause 1 of this Article, and follows procedures as per law may be selected and appointed as a Judge of the Supreme People’s Court in one of the following cases:

a) Holding an important position in a central authority or organization, being deeply knowledgeable about politics, law, economy, culture, society, security, national defense and diplomacy;

b) Being an expert, attorney, lecturer or scientist who has high qualification in law, holds an important position in a political authority or organization, socio-political organization, socio-political-professional organization or socio-professional organization.

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18. Clause 1 Article 124 shall be amended as follows:

“1. Election of people’s Jurors shall apply to Jurors at provincial People’s Courts and regional People’s Courts.”.

19. Clause 1 Article 125 shall be amended as follows:

“1. People’s Jurors shall adjudicate lawsuits within the jurisdiction of People’s Courts as assigned by Chief Justices of Courts where they are elected as People’s Jurors.”.

20. Clause 1 Article 127 shall be amended as follows:

"1. Each provincial People’s Court shall notify demands for Jurors working for the provincial People’s Court and the regional People’s Court in terms of number and composition to the provincial Vietnam Fatherland Front Committee that will select and recommend persons who fully meet the standards prescribed in clause 1 Article 122 of this Law so that the provincial People’s Council elects people’s Jurors.

The composition of people's Jury shall be reasonable and conformable with requirements for adjudication of lawsuits within the jurisdiction of Courts and local situation and characteristics.  The number of nominees for people's Jurors must be larger than the number of Jurors needed.

After reaching agreement with the provincial Vietnam Fatherland Front Committee, the Chief Justice of the provincial People’s Court shall request the provincial People’s Council to discharge or dismiss people’s Jurors.”.

21. Clause 1 Article 128 shall be amended as follows:

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When the term of office of the People’s Council ends, the people’s Juror shall remain on duty until the new-term People’s Council elects the new-term people’s Juror.”.

22. Clause 2 Article 147 shall be amended as follows:

“2. After reaching agreement with the Supreme People’s Court, the Government shall request the National Assembly to decide funding for operations of Courts specified in points a, b, c, and d clause 1 Article 4 of this Law.  In case the Government and the Supreme People's Court do not agree on estimated funding for operations of Courts, the Chief Justice of the Supreme People's Court shall request the National Assembly to consider issuing a decision.".

23. Section 2 Chapter IV, Article 63, Article 79, Article 82, clause 2 Article 122 and clause 2 Article 127 shall be annulled.

Article 2. Amendments to some articles of relevant laws

1. Clause 3 Article 7 of the Law on Commercial Arbitration No. 54/2010/QH12 shall be amended as follows:

“3. Regional People's Courts have jurisdiction over arbitration operations specified in clause 1 and points a,b,c,d,dd and e clause 2 of this Article.

Some provincial People's Courts have jurisdiction over arbitration operations specified in point g, clause 2 of this Article and the National Assembly Standing Committee shall promulgate regulations on Courts having jurisdiction and scope of territorial jurisdiction of some provincial People’s Courts over the request specified in point g clause 2 of this Article.”.

2. Clause 2 Article 44 of the Law on Civil Aviation No. 66/2006/QH11 amended by the Law No. 45/2013/QH13, the Law No. 61/2014/QH13, the Law No. 16/2023/QH15, the Law No. 18/2023/QH15 and the Law No. 49/2024/QH15 shall be amended as follows:

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3. Some clauses of Article 11 of the Law on Protection of State Secrets No. 29/2018/QH14 shall be amended as follows:

a) Point e clause 1 shall be amended as follows:

“e) Chief Justices of provincial People’s Courts, Chief Prosecutors of provincial People’s Procuracies;”;

b) Point dd clause 2 shall be amended as follows:

“dd) Heads of affiliates of provincial People’s Courts, provincial People’s Procuracies, excluding the competent persons specified in point b clause 3 herein; Chief Justices of regional People’s Courts and Chief Prosecutors of regional People’s Procuracies;”.

4. Some articles of the Law on State’s Liability for Compensation No. 10/2017/QH14 shall be amended as follows:

a) Clause 3 Article 36 shall be amended as follows:

“3. A provincial People’s Court or a Central Military Court that has jurisdiction to conduct trial according to cassation or reopening procedure shall act as a compensation body in any of the following cases:

a) The Council of Justices of the Supreme People’s Court annuls the cassation or reopening decision of the provincial People’s Court or the Central Military Court which declared that the defendant was guilty and the case was terminated as no violation was committed or his/her act has not constituted crime;

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c) The Council of Justices of the Supreme People’s Court annuls the cassation or reopening decision of the provincial People’s Court or the Central Military Court which declared that the defendant was guilty for re-trial but then the defendant is declared not guilty as no violation was committed, or his/her act has not constituted crime.”;

b) The phrase “Tòa án nhân dân cấp huyện” (the district-level People’s Court) shall be replaced by the phrase “Tòa án nhân dân khu vực” (the regional People’s Court) at the first paragraph of clause 1 of Article 53.

5. Article 130 of the Vietnam Maritime Code No. 95/2015/QH13 amended by the Law No. 35/2018/QH14 and the Law No. 16/2023/QH15 shall be amended as follows:

“Article 130. Jurisdiction to decide to arrest seagoing vessels

1. The People’s Court of region where the seaport at which a seagoing vessel required to be arrested is undergoing maritime operations is located has jurisdiction to decide to arrest the seagoing vessel.

Where the seaport has different port terminals located in different communes, wards or special zones within the scope of territorial jurisdiction of regional People’s Courts, the People’s Court of region where the seaport at which the seagoing vessel required to be arrested is undergoing maritime operations is located has jurisdiction to decide to arrest the seagoing vessel.

2. The People’s Court that is settling a civil lawsuit, or the regional People's Court where the Arbitration Council is resolving any dispute, has jurisdiction to decide to impose an arrest of a seagoing vessel as an interim injunction.

Two copies of a decision on arrest of a seagoing vessel by a Court shall be handed over to the port authority in which one copy is used as the basis for implementation and the other is given to the master of the arrested seagoing vessel to serve the purpose of implementation.

3. The Chief Justice of the provincial People’s Court shall consider issuing a decision on the Court that has jurisdiction to decide to arrest seagoing vessels in case there is any dispute over jurisdiction among regional People's Courts within a province/central-affiliated city.

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6. Some articles of the Law on Complaints No. 02/2011/QH13 amended by the Law No. 42/2013/QH13 shall be amended as follows:

a) Clause 2 Article 64 shall be amended as follows:

“2. Provincial People's Courts and People's Procuracies, authorities of local political organizations and socio-political organizations shall, within their functions, duties and powers, manage resolution of complaints and periodically report to provincial People's Committees on resolution of complaints by their authorities or organizations.”;

b) Clause 3 Article 65 shall be amended as follows:

“3. Local People's Committees, provincial People's Courts and People's Procuracies shall periodically report to People's Councils on, and notify Committees of the Vietnam Fatherland Fronts of the same level of complaints, institution of administrative lawsuits and settlement of complaints and adjudication of administrative lawsuits in their provinces.

7. Some articles of the Law on Denunciation No. 25/2018/QH14 amended by the Law No. 59/2020/QH14 shall be amended as follows:

a) Article 14 shall be amended as follows:

“Article 14. Jurisdiction to settle denunciations of violations against law committed by People’s Courts during performance of their duties

1. The Chief Justice of the regional People’s Court has the jurisdiction to settle denunciations of violations against law committed by public employees under his/her management during performance of their duties.

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a) settle denunciations of violations against the law committed by the Chief Justice or Deputy Chief Justice (s) of the regional People’s Court and other public employees under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by the regional People’s Court during performance of its duties.

3. The Chief Justice of the Supreme People’s Court has the following jurisdiction:

a) settle denunciations of violations against the law committed by Chief Justices or Deputy Chief Justices of provincial People’s Courts; and other public officials and public employees under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by authorities and organizations under his/her management, and provincial People’s Courts.”;

b) Clause 2 Article 60 shall be amended as follows:

“2. Provincial People's Courts and People's Procuracies, other state authorities, authorities affiliated to local political institutions and socio-political organizations shall, within their duties and powers, manage settlement of denunciations and submit annual reports on their settlement of denunciations by their authorities and organizations to provincial People’s Committees, which will submit consolidated reports to People's Councils.”.

8. Clause 4 Article 66 the Children Law No. 102/2016/QH13 amended by the Law No. 28/2018/QH14 and the Law No. 59/2024/QH15 shall be amended as follows:

“4. Regional People's Courts shall make decisions on surrogate care for groups of children specified in clause 2 Article 62 of this Law as requested by authorities, organizations and individuals in charge of protection of children as per law.”.

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a) Article 35 shall be amended as follows:

“Article 35. Jurisdiction to enforce judgments

1. Provincial civil judgment-enforcing agencies have jurisdiction to enforce the following judgments and decisions:

a) First-instance judgments and decisions of People’s Courts of regions; first-instance, appellate judgments and decisions, cassation or re-opening decisions of People’s Courts of provinces where civil judgment-enforcing agencies are headquartered;

b) Judgments and decisions of Appellate Courts of the Supreme People's Court on judgments and decisions of People’s Courts of provinces where civil judgment-enforcing agencies are headquartered;

c) Cassation or re-opening decisions of the Supreme People's Court on judgments and decisions of People's Courts of provinces where civil judgment-enforcing agencies are headquartered;

d) Cassation or re-opening decisions of the Supreme People's Court on judgments and decisions of Appellate Courts of the Supreme People's Court of localities where provincial People's Courts that have conducted first-instance trials are headquartered;

dd) Decisions transferred by the Supreme People’s Court to provincial civil judgment-enforcing agencies;

e) Judgments and decisions of foreign Courts, decisions of foreign arbitrators recognized by Vietnamese Courts for enforcement in Vietnam;

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h) Decisions on settlement of competition cases issued by the President of National Competition Commission, the anti-competitive settlement council, decisions on handling of complaints against decisions on settlement of competition cases issued by the President of the National Competition Commission, the anti-competitive complaint handling council;

i) Judgments and decisions entrusted by civil judgment-enforcing agencies of other provinces;

k) Decision to apply the diversion measure which is damage compensation issued by an investigating authority, a People’s Procuracy or a People’s Court of locality where the civil judgment-enforcing agency is headquartered;

l) Other judgments and decisions as per law.

2. Military zone-level judgment-enforcing agencies have jurisdiction to enforce the following judgments and decisions:

a) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil decisions mentioned in criminal judgments and decisions made by Military Courts of military zones or equivalences within their zones;

b) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil decisions mentioned in criminal judgments and decisions made by regional military Courts within their zones;

c) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil decisions mentioned in criminal judgments and decisions transferred by the Central Military Court to military zone-level judgment-enforcing agencies;

d) Civil decisions transferred by the Supreme People’s Court of Vietnam to military zone-level civil judgment-enforcing agencies;

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e) Judgments and decisions entrusted by civil judgment-enforcing agencies of other zones;

g) Other judgments and decisions as per law.”;

b) Point dd clause 1 Article 48 shall be amended as follows:

“dd) The judgment is enforced during the period on which the competent agency explains the judgment/decision and responds to recommendations from the civil judgment-enforcing agency in accordance with point b, clause 2, point d clause 3 Article 170 and clause 2, Article 179 of this Law;”;

c) Clause 1 Article 63 shall be amended as follows:

“1. People’s Courts of regions and Military Courts of zones (hereinafter referred to as “People’s Courts of regions and equivalents”) where civil judgment-enforcing agencies organizing the judgment enforcement are located have jurisdiction to consider reduction or cancellation of debts payable to state budget.”;

d) Article 170 shall be amended as follows:

“Article 170. Duties and powers of Courts to enforce civil judgments

1. Duties and powers of the Supreme People’s Court:

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b) Request civil judgment-enforcing agencies to report results of enforcement of judgments and decisions when necessary;

c) Consider decisions on reduction or cancellation of debts according to re-opening procedure in accordance with law.

d) Respond to requests and implement recommendations, and direct Courts at all levels to respond to requests and implement recommendations made by civil judgment-enforcing agencies within the prescribed time limit as per law;

dd) Direct Courts at all levels to cooperate with relevant agencies in civil judgment enforcement;

e) Cooperate with the Ministry of Justice in finally reviewing civil judgment enforcement.

2. Duties and powers of the Central Military Court:

a) Request civil judgment-enforcing agencies to report results of enforcement of judgments and decisions when necessary;

b) Respond to requests made by civil judgment-enforcing agencies for review of court judgments or decisions according to cassation or re-opening procedures within 90 days from the date of receipt of these requests;

c) Consider decisions on reduction or cancellation of debts according to re-opening procedure in accordance with law.

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a) Send judgments, decisions, relevant material evidences and documents to judgment-enforcing agencies in accordance with this Law;

b) Settle protests against decisions on reduction or cancellation of debts payable to state budget in accordance with this Law;

c) Request civil judgment-enforcing agencies to report results of enforcement of judgments and decisions when necessary;

d) Respond to requests made by civil judgment-enforcing agencies for review of court judgments or decisions according to cassation or re-opening procedures within 90 days from the date of receipt of these requests;

dd) Carry out recommendations or respond to requests made by civil judgment-enforcing agencies and monitor results after receipt of replies from Courts.

e) Consider decisions on reduction or cancellation of debts according to re-opening procedure in accordance with law.

4. Duties and powers of regional People’s Courts and equivalents and Military Courts of military zones and equivalents:

a) Send judgments, decisions, relevant material evidences and documents to judgment-enforcing agencies in accordance with this Law;

b) Consider deciding reduction or cancellation of debts payable to state budget;

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d) Carry out recommendations or respond to requests made by civil judgment-enforcing agencies and monitor results after receipt of replies from Courts.

5. When re-adjudicating cases whose judgments and decisions are partially or wholly annulled according to cassation or reopening trial decisions, Courts shall settle matters related to assets and obligations that have been handled/enforced under legally effective judgments or decisions which are annulled.”.

10. Clause 3 Article 16 of the Anti-corruption Law No. 36/2018/QH14 amended by the Law No.59/2020/QH14 shall be amended as follows:

“3. Provincial People’s Courts and People’s Procuracies shall cooperate with provincial People’s Committees in preparing reports on anti-corruption within their provinces.”.

11. Some articles of the Law on Judicial Assistance No. 08/2007/QH12 shall be amended or annulled as follows:

a) Article 38 shall be amended as follows:

“Article 38. Extradition request receipt

Within 20 days from the date of receipt of the extradition request and enclosed documents, the Ministry of Public Security shall record such request and documents in the extradition dossier book and check the dossier specified in Article 36 of this Law. The Ministry of Public Security may request a competent authority of the extradition-requesting country to supply information to add it to the dossier. If the Ministry of Public Security does not receive any additional information within 60 days from the date on which it sends the written request for additional information, the Ministry of Public Security shall return the dossier to the extradition-requesting country and clearly state reasons therefor. If the dossier is valid, the Ministry of Public Security shall immediately forward two dossiers to the competent regional People’s Court for consideration and decision.”;

b) Clause 1 Article 39 shall be amended as follows:

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c) Article 40 shall be amended as follows:

“Article 40. Extradition decision

1. Within 10 working days from the date of the receipt of the extradition request dossier transferred by the Ministry of Public Security, the People's Court of the region where the person requested to be extradited is residing, is being detained or held in custody or is serving his/her imprisonment sentence shall handle him/her and notify the People’s Procuracy of the same level thereof in writing. While preparing for consideration of the extradition request, the regional People’s Court may request a competent authority of the foreign country to clarify unclear points in the extradition request dossier. Written extradition requests and written replies shall be sent via the Ministry of Public Security.

2. Within 04 months from the date of handling 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 prescribed by 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 does not fall within its jurisdiction, the foreign country withdraws the extradition request or the person requested to be extradited has left Vietnam or for other reasons the consideration cannot proceed.

3. The regional People’s Court shall consider an extradition request within 30 days from the date of issuance of the decision defined at point a, clause 2 of this Article and immediately transfer a dossier to the People’s Procuracy of the same level.

4. The extradition request shall be considered at a session held by a Council consisting of three Judges, including a Presiding Judge. Prosecutors of the People’s Procuracy of the same level shall attend the session.

The extradition request-considering council shall work in the following order:

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b) The Procurator states the People’s Procuracy’s viewpoints on the extradition;

c) The lawyer or lawful representative of the person requested to be extradited presents his/her opinions, if any;

d) The person requested to be extradited presents his/her opinions;

dd) According to regulations of this Law, relevant provisions of other Vietnamese laws and international treaties to which Vietnam is a signatory, the Council discusses and decides, under the majority rule, the extradition or refusal of extradition.

5. Within 10 working days from the date of issuance of the decision on extradition or refusal of extradition, the regional People’s Court shall send the decision to the person requested to be extradited, the People’s Procuracy of the same level and the Ministry of Public Security for exercise of rights and performance of obligations according to law.

The person requested to be extradited may appeal and the People’s Procuracy of the same level may protest within 15 days, the provincial People’s Procuracy may protest within 30 days from the date on which the regional People’s Court issues the decision. The regional People’s Court shall send the dossier, appeal and protest to the provincial People’s Court within 07 days from the date on which the time limit for appeal or protest expires.

Within 20 days from the date of receipt of the extradition dossier and appeal or protest, the provincial People’s Court shall open a session to consider the appealed or protested decision of the regional People’s Court; the appellate council shall decide the extradition or refusal of extradition. Procedures for consideration of the appeal or protest against the extradition decision of the regional People’s Court shall comply with clause 4 of this Article.

6.  Legally effective extradition decisions include:

a) Decisions of first-instance Courts, which are not appealed or protested against;

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d) Clause 1 Article 42 shall be amended as follows:

“1. Within 05 working days from the effective date of the extradition decision of the People’s Court, the Chief Justice of the regional People’s Court has jurisdiction to issue a decision to enforce the extradition decision.  The decision on enforcement of the extradition decision shall be sent to the People’s Procuracy of the same level, the Ministry of Public Security, the extradition-requesting country and the extradited person.”;

dd) Clause 2 Article 43 shall be amended as follows:

“2. In case the extradition requesting country does not accept the extradition by the deadline as agreed in writing by the relevant countries, the Ministry of Public Security shall request the regional People's Court that has issued the extradition decision to annul the decision to enforce the extradition decision and notify the extradition requesting country.”;

e) Clause 1 Article 44 shall be amended as follows:

“1. When the person requested to be extradited is being criminally prosecuted or serving his/her sentence within the Vietnamese territory for a crime not subject to extradition, the regional People’s Court that has issued the extradition decision may itself or as proposed by the regional People’s Procuracy or a local competent police authority postpone the enforcement of the decision on extradition of that person until the end of prosecution or the person has fully or partially served the sentence imposed. The Ministry of Public Security shall notify the extradition-requesting country in writing of the extradition postponement at least 10 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 dossiers to the police authority enforcing the extradition decision to notify the requesting country and continue the extradition as agreed with the requesting country.”;

g) Article 45 shall be amended as follows:

“Article 45. Re-extradition

If the extradited person evades criminal prosecution or serves his/her sentence in the foreign country and returns to Vietnam, the extradition-requesting country may send a request for re-extradition of the person together with the documents defined in Articles 36 and 37 of this Law; in this case, the regional People’s Court does not reinitiate procedures for the extradition decision specified in Article 40 of this Law; the Chief Justice of the regional People's Court that has issued the previous extradition decision shall decide to re-extradite the person. The re-extradited person shall be escorted in accordance with Article 43 of this Law.”;

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“Article 54. Receipt of request for transfer of person who is serving imprisonment sentence

Within 20 days from the date of receipt of a written request for transfer of a person who is serving imprisonment sentence and enclosed documents, the Ministry of Public Security shall record such transfer and documents in the transfer dossier book and check the dossier as provided for in Articles 52 and 53 of this Law.  It may request a competent authority of the transfer-requesting country to supply information to add it to the dossier. If the Ministry of Public Security does not receive any additional information within 60 days from the date on which it sends the written request for additional information, the Ministry of Public Security shall return the dossier to the transfer-requesting country and clearly state reasons therefor.  If the dossier is valid, the Ministry of Public Security shall immediately forward two dossiers to the competent regional People’s Court for consideration and decision.” ;

i) Article 55 shall be amended as follows:

“Article 55. Decision on transfer of person who is serving his/her imprisonment sentence in Vietnam to foreign country

1. Within 10 working days from the date of the receipt of the complete dossier on request for transfer of a person who is serving his/her imprisonment sentence in Vietnam to a foreign country, which is forwarded by the Ministry of Public Security, the People's Court of region where the condemned person is serving his/her imprisonment sentence shall handle the case and notify in writing the People’s Procuracy of the same level thereof. While preparing for consideration of the transfer request, the People’s Court may request a competent authority of the foreign country to clarify unclear points in the transfer request dossier.  Written transfer requests and written replies shall be sent via the Ministry of Public Security.

2. Within 30 days from the date of handling the case, 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 in case the request does not fall within its jurisdiction, the competent authority of the foreign country or the transfer-requesting person withdraws the transfer request or the person requested to be transferred has left Vietnam or for other reasons the consideration cannot proceed.

3. The regional People’s Court shall consider a transfer request within 30 days from the date of issuance of the decision defined at point a, clause 2 of this Article and immediately transfer a dossier to the People’s Procuracy of the same level.

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The transfer request-considering council shall work in the following order:

a) A Council’s member presents the contents included in the dossier prepared by the transfer-requesting country and states his/her opinions on legal bases for the transfer;

b) The Procurator states the People’s Procuracy’s viewpoints on the transfer;

c) The lawyer or lawful representative of the person requested to be transferred presents his/her opinions, if any;

d) The person requested to be transferred presents his/her opinions;

dd) According to regulations of this Law, relevant provisions of other Vietnamese laws and international treaties to which Vietnam is a signatory, the Council discusses and decides, under the majority rule, the transfer or refusal of transfer.

5. Within 10 working days from the date of issuance of the decision on transfer or refusal of transfer, the regional People’s Court shall send the decision to the transferred person, the People’s Procuracy of the same level and the Ministry of Public Security for exercise of rights and performance of obligations according to law.

The transfer-requesting person may appeal and the People’s Procuracy of the same level may protest within 15 days, the provincial People’s Procuracy may protest within 30 days from the date on which the regional People’s Court issues the decision. The regional People’s Court shall send the dossier, appeal and protest to the provincial People’s Court within 07 days from the date on which the time limit for appeal or protest expires.

Within 20 days from the date of receipt of the transfer dossier and appeal or protest, the provincial People’s Court shall open a session to consider the appealed or protested decision of the regional People’s Court; the appellate council shall decide the transfer or refusal of transfer. Procedures for consideration of the appeal or protest against the transfer decision of the regional People’s Court shall comply with clause 4 of this Article.

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a) Decisions of first-instance Courts, which are not appealed or protested against;

b) Decisions of appeal Courts.” ;

k) Article 56 shall be amended as follows:

“Article 56. Jurisdiction to decide receipt of person who is serving his/her imprisonment sentence in foreign country and returns to Vietnam

The People’s Court of region where the transferred person last resides in Vietnam shall decide the receipt.  Procedures for consideration of the receipt shall comply with Article 55 of this Law.” ;

l) Article 68 shall be amended as follows:

“Article 68. Responsibilities of regional and provincial People’s Courts

1. Responsibility of a regional People’s Court:

a) Be responsible for judicial entrustment by foreign countries under this Law;

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c) Provide other judicial assistance within its jurisdiction;

d) Report on provision of judicial assistance to the provincial Peoples Court that will send a consolidated report to the Supreme People’s Court.

2. Responsibility of a provincial People’s Court:

a) Consider appeals and protests against decisions on extradition and transfer of persons who are serving their imprisonment sentences within its jurisdiction;

b) Report on provision of judicial assistance to the Supreme People’s Court.”;

m) Clause 2 Article 63 shall be annulled;

12. The phrase “Tòa án nhân dân cấp huyện” (the district-level People’s Court) shall be replaced by the phrase “Tòa án nhân dân khu vực” (the regional People’s Court) in clause 4 Article 33, clauses 3 and 4 Article 34 of the Law on Prevention and Control of Narcotic Substances No. 73/2021/QH14.

13. The phrase “Tòa án nhân dân cấp huyện” (the district-level People’s Court) shall be replaced by the phrase “Tòa án nhân dân khu vực” (the regional People’s Court) in clause 3 Article 123 of the Law on Marriage and Family No. 52/2014/QH13.

Article 3. Effect

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This Law is ratified by the 15^th National Assembly of Socialist Republic of Vietnam on June, 24 2025 during its 9^th extraordinary session.

CHAIRMAN OF THE NATIONAL ASSEMBLY




Tran Thanh Man