Nghị quyết 01/2025/NQ-HĐTP hướng dẫn áp dụng quy định về tiếp nhận nhiệm vụ, thực hiện thẩm quyền của các Tòa án nhân dân do Hội đồng Thẩm phán Toà án nhân dân tối cao ban hành

RESOLUTION

GUIDANCE ON APPLICATION OF SOME REGULATIONS ON RECEIPT OF DUTIES AND EXERCISE OF JURISDICTION BY PEOPLE’S COURTS

Pursuant to the Law on Organization of People’s Courts No. 34/2024/QH15 amended by the Law No. 81/2025/QH15;

Pursuant to the Resolution No. 255/2025/QH15 of the National Assembly on enforcement of the Law on amendments to the Law on Organization of People’s Courts, the Law on amendments to the Law on Organization of People's Procuracies, procedure laws and other relevant laws;

Pursuant to the Resolution No. 81/2025/UBTVQH15 of the Standing Committee Of the National Assembly on establishment of Provincial People’s Courts and Regional People’s Courts; scope of territorial jurisdiction of Provincial People’s Courts and Regional People’s Courts;

To properly and uniformly apply some regulations on receipt of duties and exercise of jurisdiction by People’s Courts;

After receipt of opinions from the Procurator General of the Supreme People’s Procuracy and the Minister of Justice;

The Judges’ Council of the Supreme People's Court promulgates Resolution on guidance on application of some regulations on receipt of duties and exercise of jurisdiction by People’s Courts.

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This Resolution provides for application of some regulations on receipt of duties and exercise of jurisdiction of People's Courts from July 1, 2025 in accordance with the Law on Organization of People's Courts, Criminal Procedure Code, Civil Procedure Code, Law on Administrative Procedures, Law on Juvenile Justice, Bankruptcy Law, Law on Mediation and Dialogue at Courts and relevant laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee.

Article 2. Receipt of duties and exercise of jurisdiction by the Supreme People’s Court

From July 01, 2025, the Supreme People’s Court receives duties and exercises jurisdiction as follows:

1. Consider judgments or decisions of the Appellate Court of the Supreme People's Court, the Supreme People's Court or provincial People’s Courts which have yet taken legal effect according to cassation or reopening procedure;

2. Consider judgments or decisions of provincial People’s Courts which have yet taken legal effect and have accepted by Superior People's Courts before July 01, 2025 but have not been yet processed according to cassation or reopening procedure;

3. Process written proposals, petitions and recommendations for legally-effective judgments and decisions of regional People's Courts and district-level People's Courts according to cassation or reopening procedure if necessary.

In case the Chief Justice of the Supreme People’s Court protests against legally-effective judgments and decisions of regional People's Courts and district-level People's Courts, Judges’ Councils of provincial People's Courts have the jurisdiction over trial according to cassation or reopening procedure;

4. Consider proposals for re-consideration, implement recommendations about bankruptcy, including:

a) Proposals for re-consideration of, recommendations about decisions to process written proposals and protests against decisions to declare that enterprises or cooperatives are bankrupt according to special procedures;

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c) Proposal for re-consideration of transfer of written petitions for initiation of bankruptcy procedures; proposals for re-consideration of, or recommendations about return of provincial People’s Courts’ written petitions for initiation of bankruptcy procedures;

5. Handle complaints against procedural decisions and acts issued/committed by proceeding officers who are the Chief Justice of the Appellate Court of the Supreme People's Court, Chief Justices of Superior People's Courts, Chief Justices of Provincial People's Courts; handle complaints against decisions to initially handle complaints by the Chief Justice of the Appellate Court of the Supreme People's Court, Chief Justices of Superior People's Courts, Chief Justices of Provincial People's Courts;

6. Handle complaints against procedural decisions and acts issued/committed by proceeding officers who are Deputy Chief Justices, Judges, Court Examiners, Court Clerks of Superior People's Courts upon settlement of cases and lawsuits according to cassation procedure;

7. Resolve denunciations of violations against the law committed by Chief Justices and Deputy Chief Justices of provincial People's Courts; proceeding officers of the Supreme People's Court, the Appellate Court of the Supreme People's Court, and Superior People's Courts;

8. Compensate in accordance with regulations of the Law on State Compensation Liability and in clause 9 Article 3 of the Resolution No. 225/2025/QH15 dated June 27, 2025 of the National Assembly;

9. Inherit rights and responsibilities of Superior People's Courts according to regulations of law.

10. Settle cases and perform other duties within the jurisdiction of the Supreme People's Court, Superior People's Courts as per law, except for the case specified in Article 3 of this Resolution.

Article 3. Receipt of duties and exercise of jurisdiction by the Appellate Court of the Supreme People's Court

From July 01, 2025, the Appellate Court of the Supreme People’s Court has territorial jurisdiction to receive duties and exercise jurisdiction as follows:

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2. Organize appellate trials over criminal cases in any of the following cases:

a) Criminal cases have been accepted by provincial People's Courts according to first-instance procedures before July 01, 2025 but judgments or decisions have not taken legal effect and are appealed or protested against;

b) First-instance judgments or decisions of provincial People’s Courts are annulled and transferred to provincial People’s Courts so that such judgments or decisions are re-processed according to first-instance procedures but then they are appealed or protested against according to appellate procedures;

c) Criminal cases have been accepted by provincial People's Courts according to first-instance procedures from July 01, 2025 in accordance with clause 2 Article 268 of the Criminal Procedure Code amended by the Law No. 99/2025/QH15 but judgments or decisions have not taken legal effect and are appealed or protested against;

3. Organize appellate trials over administrative lawsuits, civil cases and other cases that was settled by provincial People’s Courts according to first-instance procedures but judgments or decisions have not taken legal effect and are appealed or protested against;

4. Process proposals for re-consideration of, protests against decisions on initiation of or refusal to initiate bankruptcy procedures; decisions to declare that enterprises or cooperatives are bankrupt, which have been received by Superior People’s Courts before July 01, 2025 but have not been yet processed.

Process proposals for re-consideration of, protests against decisions on initiation of or refusal to initiate bankruptcy procedures; decisions to declare that enterprises or cooperatives are bankrupt, issued by provincial People’s Courts;

5. Process proposals for or recommendations about re-consideration of decisions on recognition of successful mediation or successful dialogues at provincial People’s Courts according to the Law on Mediation or Dialogue at the Court;

6. Handle complaints against procedural decisions and acts issued/committed by proceeding officers who are Deputy Chief Justices, Judges, Court Examiners, Court Clerks of Superior People's Courts upon settlement of cases and lawsuits according to appellate procedure;

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8. Settle cases and perform other duties when such cases and duties have been settled and performed by provincial People's Courts but there are petitions and proposals for, recommendations about or protests against them as per law.

For example: Handle complaints and protests against, or implement recommendations about decisions on delayed imprisonment, decisions to mitigate prison judgments’ terms and decisions to grant parole, etc.;

9. Chief Judges of Appellate Courts of the Supreme People’s Court shall recommend 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.

10. Settle cases and perform other duties within the jurisdiction of the Appellate Court of the Supreme People's Court as per law.

Article 4. Receipt of duties and exercise of jurisdiction by provincial People’s Courts

From July 01, 2025, provincial People’s Courts receive duties and exercise jurisdiction as follows:

1. Organize first-instance trials over criminal and administrative lawsuits, civil cases, bankruptcy cases and other cases that have been accepted by provincial People's Courts before July 01, 2025 but have not been yet settled;

2. Organize first-instance trials over criminal cases specified in clause 2 Article 268 of the Criminal Procedure Code amended by the Law No. 99/2025/QH15;

3. Organize first-instance trials over lawsuits or cases on which first-instance judgments or decisions of provincial People’s Courts are annulled for re-trail according to first-instance procedures;

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5. Organize appellate trials over lawsuits or cases on which appellate judgments or decisions of provincial People’s Courts are annulled for re-trail according to appellate procedures;

6. Consider judgments or decisions of district-level People’s Courts and regional People’s Courts which have taken legal effect according to cassation or reopening procedure.

7. Consider judgments or decisions of district-level People’s Courts which have yet taken legal effect and have accepted by Superior People's Courts before July 01, 2025 but have not been yet processed according to cassation or reopening procedure;

8. Respond to requests for annulment of arbitration award or application for arbitration award in accordance with clause 2 Article 37 of the Civil Procedure Code amended by the Law No. 85/2025/QH15, Article 7 of the Commercial Arbitration amended by the Law No. 81/2025/QH15 and Article 2 of the Resolution No. 81/2025/UBTVQH15 dated June 27, 2025 of the Standing Committee of the National Assembly;

9. Resolve complaints, recommendations and protests against decisions of district-level People's Courts and regional People's Courts upon consideration and decision to apply measures for handling administrative violations at People's Courts, and send drug addicts aged full 12 to under 18 to compulsory rehabilitation centers;

10. Process proposals for re-consideration of, protests against decisions on initiation of or refusal to initiate bankruptcy procedures; decisions to declare that enterprises or cooperatives are bankrupt, issued by district-level People’s Courts or regional People’s Courts.

Settle bankruptcy cases on which decisions of provincial People’s Courts are annulled for re-trial;

11. Consider deciding to recognize or refuse to recognize successful mediation or successful dialogue at courts in case where provincial People's Courts have held meetings to record successful mediation or successful dialogue at courts and the parties request recognition of successful mediation or successful dialogue.

Process proposals for or recommendations about re-consideration of decisions on recognition of successful mediation or successful dialogue at district-level People’s Courts or regional People’s Courts according to the Law on Mediation or Dialogue at Court;

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13. Process, according to appeal procedures, extradition decisions or decisions on transfer or acceptance of transfer of persons serving prison sentences of regional People's Courts that have not taken legal effect and are appealed or protested;

14. Handle complaints against procedural decisions and acts issued/committed by proceeding officers who are Deputy Chief Justices, Judges, Court Examiners, Court Secretaries, People's Assessors of provincial People's Courts; Chief Justices of district-level People's Courts and regional People's Courts; handle complaints against decisions to initially handle complaints of Chief Justices of district-level People's Courts and regional People's Courts;

15. Resolve denunciations of violations against the law committed by proceeding officers of provincial People's Courts, except for Chief Justices and Deputy Chief Justices; resolve denunciations of violations against the law committed by Chief Justices and Deputy Chief Justices of district-level People's Courts and regional People's Courts;

16. Chief Judges of provincial People’s Courts shall recommend 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, Superior People’s Courts and provincial People’s Courts which have taken legal effect according to cassation or reopening procedure as per law.

17. After the arrangement, provincial People's Courts shall inherit rights and responsibilities of the arranged provincial People's Courts according to regulations of law;

18. Settle cases and perform other duties within the jurisdiction of provincial People's Courts as per law.

Article 5. Receipt of duties and exercise of jurisdiction by regional People’s Courts

From July 01, 2025, regional People’s Courts have the territorial jurisdiction to receive duties and exercise jurisdiction as follows:

1. Organize first-instance trials over lawsuits and cases; settle bankrupt cases and other cases within their jurisdiction, including:

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b) First-instance trials over civil cases specified in Article 35 of the Civil Procedure Code, and administrative lawsuits specified in Article 31 of the Law on Administrative Procedure amended by the Law No. 85/2025/QH15 and other cases as per law.

The scope of territorial jurisdiction of regional People’s Courts to settle business, commerce and civil cases and administrative lawsuits over intellectual property and technology transfer shall comply with regulations in clause 3 Article 4 of the Resolution No. 81/2025/UBTVQH15;

c) Bankrupt cases specified in Article 8 of the Law on Bankruptcy amended by the Law No. 85/2025/QH15.

The scope of territorial jurisdiction of regional People’s Courts to settle bankruptcy cases shall comply with regulations in clause 2 Article 4 of the Resolution No. 81/2025/UBTVQH15;

d) First-instance trials over administrative lawsuits, civil cases, bankruptcy cases and other cases within the jurisdiction of regional People’s Courts against which written lawsuits or petitions are received by provincial People’s Courts before July 01, 2025 but have not been accepted;

dd) First-instance trials over lawsuits, cases, bankruptcy cases and other cases that have been accepted by district-level People's Courts but have not been yet settled;

e) First-instance trials over lawsuits or cases on which first-instance judgments or decisions of regional People’s Courts or district-level People’s Courts are annulled for re-trail according to first-instance procedures.  Bankruptcy cases on which decisions of regional People’s Courts or district-level People’s Courts are annulled for re-trial;

2. Perform duties to mediation or dialogue at Courts as follows:

a) Organize and conduct mediation or dialogue in accordance with the Law on Mediation or Dialogue at Court;

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c) Receive mediators transferred from provincial People’s Courts to regional People’s Courts;

d) The mediator appointed to perform duties at a provincial People’s Court shall continue to conduct mediation or dialogue at a regional People’s Court in the same province/city as the provincial People’s Court until the end of the mediator's term. The Chief Justice of provincial People's Court shall decide the number of mediators at each regional People’s Court until a new mediator is appointed at the regional People’s Court;

3. Consider deciding to apply measures for handling administrative violations at People's Courts, and send drug addicts aged full 12 to under 18 to compulsory rehabilitation centers;

4. Settle aircraft/seagoing vessel arrest cases within the jurisdiction of regional People’s Courts against which written lawsuits or petitions are received by provincial People’s Courts before July 01, 2025 but have not been yet accepted;

5. Execute the following judicial assistance requests:

a) Requests for judicial entrustment in civil matters from foreign countries as per law; requests for judicial entrustment in civil matters from foreign countries, which have been entrusted by provincial People’s Courts to district-level People’s Courts before July 01, 2025 but have not been yet processed;

b) Extradition requests or requests for transfer or acceptance of transfer of persons serving prison sentences, according to first-instance procedures, as per law;

c) Requests for judicial entrustment in civil matters from foreign countries, according to first-instance procedure, extradition requests or requests for transfer or acceptance of transfer of persons serving prison sentences that have been accepted by provincial People's Courts before July 1, 2025 but have not been yet accepted;

6. Handle complaints against procedural decisions and acts issued/committed by proceeding officers who are Deputy Chief Justices, Judges, Court Examiners, Court Clerks, People's Assessors of district-level People's Courts and regional People's Courts;

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8. Consider deciding to suspend imprisonment sentences and deciding to request forensic assessment, forensic psychological assessment, mandatory disease treatment for persons serving prison sentences; perform other duties and powers over enforcement of judgments as per law;

9. The Chief Justice of the regional People’s Court shall recommend the Chief Justice of the Supreme People’s Court, the Chief Justice of the provincial People’s Court to consider protesting against legally effective judgments or decisions of the regional People’s Court, the provincial People’s Court, the district-level People’s Court according to cassation or reopening procedure as per law;

10. Regional People's Courts shall inherit rights and responsibilities of district-level People's Courts according to regulations of law.

11. Settle cases and perform other duties within the jurisdiction of regional People's Courts as per law.

Article 6. Identification of regional People’s Courts having the territorial jurisdiction over lawsuits and cases accepted by district-level People’s Courts before July 01, 2025

1. Regarding criminal and administrative lawsuits, civil cases and other cases accepted by district-level People’s Courts within their jurisdiction, regional People’s Courts shall receive such lawsuits and cases from district-level People’s Courts for settlement, except for the case specified in point b clause 2 of this Article.

2. If a civil lawsuit that is a dispute over real estate has been accepted by a district-level People’s Court in accordance with regulations in point c clause 1 Article 39 of the Civil Procedure Code but after the arrangement, real estate is outside the commune within the territorial jurisdiction of the regional People’s Court that receives duties from the district-level People’s Court:

a) In case the district-level People’s Court has held a meeting to inspect handover, access, public announcement about evidence and mediation before July 1, 2025, the regional People's Court shall receive duties from the district-level People’s Court and continue to settle the lawsuit;

b) In case the district-level People’s Court has not yet held a meeting to inspect handover, access, public announcement about evidence and mediation, the regional People's Court that receives duties from the district-level People’s Court shall transfer the lawsuit to another regional People's Court having the territorial jurisdiction specified in Article 4 of the Resolution No. 81/2025/UBTVQH15 for settlement. 

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Article 7. Receipt of legal proceedings, use of documents issued by Superior People's Courts, provincial People's Courts, district-level People's Courts; use of litigation forms

1. Regional People's Courts shall receive duties and inherit rights and responsibilities of district-level People's Courts according to regulations in the Appendix enclosed with the Resolution No. 81/2025/UBTVQH15.

2. If the district-level People's Court has implemented one or some legal proceedings for a lawsuit or case in accordance with the law before July 01, 2025, the regional People's Court receiving duties from the district-level People's Court is not required to re-implement such legal proceedings and shall initiate the subsequent legal proceedings for settlement of the lawsuit/case. The regional People's Court shall receive and use litigation documents issued by the district-level People's Court to initiate the subsequent legal proceedings.

3. In case the Supreme People's Court or the Appellate Court of the Supreme People’s Court receives some duties and inherits the rights and responsibilities of Superior People's Courts; provincial People's Courts receives some duties and inherits the rights and responsibilities of Superior People's Courts; after the arrangement, provincial People's Courts receive duties and inherits the rights and responsibilities of the previous provincial People's Courts; or regional People's Courts receive some duties and inherits the rights and responsibilities of provincial People's Courts, legal proceedings shall continue to be implemented and litigation documents issued by Superior People's Courts and provincial People's Courts shall be used to initiate the subsequent legal proceedings according to guidelines specified in clause 1 and clause 2 of this Article.

4. In case legal proceedings or works are being implemented or have been completely implemented by Superior People's Courts and district-level People's Courts before July 01, 2025 but there are issues to be tackled, Courts receiving duties shall tackle such issues.

5. Documents issued by Superior People's Courts, district-level People's Courts, proceeding officers of Superior People's Courts, district-level People's Courts before July 01, 2025 shall continue to be applied and used as per law until competent Courts, authorities and persons amend, replace, annul, or revoke such documents

6. In case People's Courts’ apparatuses are reorganized, resulting in change of proceeding officers, the Chief Justice of the Supreme People's Court, the Chief Justice of the Appellate Court of the Supreme People's Court, Chief Justices of Regional People's Courts, Chief Justices of Provincial People's Courts shall receive duties to issue decisions to change proceeding officers as per law.

The change of a Judge who is the Court’s Chief Justice shall be decided by the Chief Justice of the superior Court; the change of a Judge who is the Chief Judge of the Appellate Court of the Supreme People’s Court shall be decided by the Chief Justice of the Supreme People’s Court.

7. In case a Superior People's Court, provincial People's Court, or district-level People's Court opens a trial over a lawsuit before July 1, 2025 but a judgment is passed after 1/7/2025 due to prolonged deliberation, the Court that issues the judgment shall record the name of the trial Court as the receiving Court.

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Article 8. Inheritance of litigation rights and obligations

1. From July 01, 2025, regarding lawsuits and cases that are being settled by a Court, litigation rights and obligations shall be inherited as follows:

a) In case the litigant is an authority or organization that is merged, consolidated, fully or partially divided, dissolved, converted, has its functions, duties, powers adjusted, or is terminated due to the reorganization of the state apparatus, the authority or organization inheriting the rights and obligations shall exercise litigation rights and obligations of the former.

In case the litigant is an authority or organization that is dissolved or terminated without any authority or organization inheriting its rights and obligations, the superior authority/organization shall exercise litigation rights and obligations.

For example: On May 15, 2025, the People's Court of Y province accepted a first-instance administrative lawsuit, the plaintiff is Mr. Nguyen Van D (residing in H commune, X district, Y province that becomes M commune, T province after merger of commune-level administrative divisions) and the defendant is the People's Committee of X district,Y province. In this lawsuit, Mr. Nguyen Van D requests invalidation of a land use right certificate granted by the People's Committee of X district,Y province on October 23, 2024.

According to point h, clause 1, Article 5 and clause 1, Article 23 of the Government’s Decree No. 151/2025/ND-CP dated June 12, 2025, from July 1, 2025, the Chairperson of the People's Committee of M commune, T province shall inherit the rights and obligations of the Chairperson of the People's Committee of X district X, Y province to the jurisdiction to grant the land use right certificate. In this case, pursuant to clause 3 Article 59 of the Law on Administrative Procedure, the Court shall determine legal proceeding participation eligibility as follows:

The defendant is the People's Committee of X district, Y province (and the People's Committee of M commune, T province inherits litigation rights and obligations);

b) In case the litigant is a competent person working for an authority or organization that is merged, consolidated, fully or partially divided, dissolved, converted, has its functions, duties, powers adjusted, or is terminated due to the reorganization of the state apparatus, the person inheriting his/her rights and obligations shall participate in legal proceedings.

In case the litigant is a competent person working for an authority or organization but his/her title no longer exists due to the reorganization of the state apparatus, the head of such authority/organization or an authority or organization inheriting rights and obligations of the authority/organization shall participate in legal proceedings.

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For example: On July 03, 2025, Mr. H filed a written petition against Mr. K for a civil lawsuit over land use right dispute in land plot No. 21 in E commune, C province (before the merger of commune-level administrative divisions, it is A commune, B district, C province), within the territorial jurisdiction of the People's Court of P region, C province and requested invalidation of the land use right certificate granted by the People's Committee of B district to Mr. K on December 29, 2024. The People's Court of P region, C province accepted the civil lawsuit. In case of consideration of invalidation of the land use right certificate, the Court shall include the People's Committee of E commune in legal proceedings in the capacity of a person with related rights and obligations.

Article 9. Effect

This Resolution is passed by the Judges’ Council of the Supreme People's Court on June 27, 2025 and takes effect from July 1, 2025./.

ON BEHALF OF JUDGES’ COUNCIL
CHIEF JUSTICE




Le Minh Tri