Luật sửa đổi Bộ luật Tố tụng dân sự, Luật Tố tụng hành chính, Luật Tư pháp người chưa thành niên, Luật Phá sản và Luật Hòa giải, đối thoại tại tòa án 2025

LAW

ON AMENDMENTS TO SEVERAL ARTICLES OF THE CIVIL PROCEDURE CODE, THE LAW ON ADMINISTRATIVE PROCEDURE, THE LAW ON JUVENILE JUSTICE, THE LAW ON BANKRUPTCY, AND THE LAW ON MEDIATION AND DIALOGUE AT COURTS

Pursuant to The Constitution 2013 of the Socialist Republic of Viet Nam as amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law on amendments to several articles of the Civil Procedure Code No. 92/2015/QH13, amended under Code No. 45/2019/QH14, Law No. 59/2020/QH14, Law No. 13/2022/QH15, Law No. 19/2023/QH15, Law No. 34/2024/QH15, and Law No. 46/2024/QH15; the Law on Administrative Procedure No. 93/2015/QH13, amended under Law No. 55/2019/QH14 and Law No. 34/2024/QH15; the Law on Juvenile Justice No. 59/2024/QH15; the Law on Bankruptcy No. 51/2014/QH13; and the Law on Mediation and Dialogue at Courts No. 58/2020/QH14.

Article 1. Amendments to several articles of the Civil Procedure Code

1. Amendments to Article 18

“Article 18. Supervision of adjudication

The Supreme People’s Court shall supervise the adjudication of all People’s Courts; the People’s Courts of provinces and cities (hereinafter referred to as provincial People’s Courts) shall supervise the adjudication of regional People’s Courts within their territorial jurisdiction to ensure the strict and uniform application of law.”.

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“Article 35. Jurisdiction of regional People’s Courts

Regional People’s Courts shall have jurisdiction to settle at first instance disputes prescribed in Articles 26, 28, 30, and 32 of this Code; and to settle requests prescribed in Articles 27, 29, 31, and 33 of this Code, except requests for annulment of arbitral awards and registration of ad hoc arbitral awards, which fall under the jurisdiction of certain provincial People’s Courts as provided in Clause 2 Article 37 of this Code.”.

3. Amendments to Article 36

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

1. The Civil Court of a regional People’s Court shall have jurisdiction to settle at first instance civil and labor cases, except cases falling under the jurisdiction of the Intellectual Property Court of the regional People’s Court as provided in Clause 3 of this Article.

2. The Economic Court of a regional People’s Court shall have jurisdiction to settle at first instance business and commercial cases, except cases falling under the jurisdiction of the Intellectual Property Court of the regional People’s Court as provided in Clause 3 of this Article.

3. The Intellectual Property Court of a regional People’s Court shall have jurisdiction to settle at first instance civil, business, and commercial cases concerning intellectual property rights and technology transfer.

4. The Family and Juvenile Court of a regional People’s Court shall have jurisdiction to settle at first instance marriage and family cases.

5. Where a regional People’s Court has no specialized courts, the Chief Justice of such Court shall be responsible for organizing adjudication and assigning judges to settle cases falling under the jurisdiction of the regional People’s Court.”.

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“Article 37. Jurisdiction of provincial People’s Courts

1. judgments and decisions of regional People’s Courts have not yet taken legal effect but have been appealed or protested; and to conduct cassation and reopening procedures for judgments and decisions of regional People’s Courts that have taken legal effect but are protested in accordance with this Code.

2. Provincial People’s Courts shall have jurisdiction to settle requests for annulment of arbitral awards and registration of ad hoc arbitral awards in accordance with the Law on Commercial Arbitration.”.

5. Amendments to Article 38

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

1. The Civil Court of a provincial People’s Court shall have jurisdiction to settle on appeal civil cases whose judgments and decisions of regional People’s Courts have not yet taken legal effect but have been appealed or protested under this Code, except civil cases concerning intellectual property rights and technology transfer as provided in Clause 3 of this Article.

2. The Family and Juvenile Court of a provincial People’s Court shall have jurisdiction to settle on appeal marriage and family cases whose judgments and decisions of regional People’s Courts have not yet taken legal effect but have been appealed or protested under this Code.

3. The Economic Court of a provincial People’s Court shall have jurisdiction to settle on appeal business and commercial cases; and civil cases concerning intellectual property rights and technology transfer whose judgments and decisions of regional People’s Courts have not yet taken legal effect but have been appealed or protested under this Code.

The Economic Court of certain provincial People’s Courts shall have jurisdiction to settle requests for annulment of arbitral awards and registration of ad hoc arbitral awards.

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6. Amendments to Article 41

“Article 41. Transfer of civil cases to another Court; settlement of jurisdictional disputes

1. Where a civil case has been accepted but does not fall under the jurisdiction of the Court that accepted it, such Court shall issue a decision to transfer the case file to the competent Court and delete the case from the case acceptance register.  This decision must be immediately sent to the People’s Procuracy of the same level, the litigants, and relevant agencies, organizations, and individuals.

Litigants, relevant agencies, organizations, and individuals shall have the right to lodge complaints, and the People’s Procuracy shall have the right to make recommendations against such decision within 3 working days from the date of receipt of the decision.  Within 3 working days from the date of receipt of the complaint or recommendation, the Chief Justice of the Court that issued the decision to transfer the civil case shall settle the complaint or recommendation. The decision of the Chief Justice of the Court shall be final.

2. Jurisdictional disputes between regional People’s Courts within the same province or city shall be settled by the Chief Justice of the provincial People’s Court.

3. Jurisdictional disputes between regional People’s Courts of different provinces or cities shall be settled by the Chief Justice of the Supreme People’s Court.

4. Jurisdictional disputes between provincial People’s Courts shall be settled by the Chief Justice of the Supreme People’s Court.”.

7. Amendments to Clauses 3 and 4 Article 53

“3. They have participated in the settlement of that civil case at first instance, appellate, cassation, or reopening procedures and have rendered the first-instance judgment, the appellate judgment or decision, the cassation or reopening decision, the decision on settlement of a civil matter, the decision on suspension of settlement of the case, or the decision on recognition of the parties’ agreement, except that where they are members of the Council of Justices of the Supreme People’s Court or the Judicial Committee of a provincial People’s Court, they may still participate in the settlement of that case under cassation or reopening procedures;

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8. Amendments to Article 56

“Article 56. Decision on replacement of Judges, People’s Jurors, Court Verifiers, and Court Clerks

1. Before the opening of a trial, the replacement of a Judge, People’s Juror, Court Verifier, or Court Clerk shall be decided by the Chief Justice of the Court. Where the Judge subject to replacement is the Chief Justice of the Court, the competence to decide the replacement shall be as follows:

a) For a Judge who is the Chief Justice of a regional People’s Court, the decision shall be made by the Chief Justice of the provincial People’s Court;

b) For a Judge who is the Chief Justice of a provincial People’s Court, the decision shall be made by the Chief Justice of the Supreme People’s Court.

2. At the trial, the replacement of a Judge, People’s Juror, Court Verifier, or Court Clerk shall be decided by the Trial Panel after hearing the opinion of the person requested to be replaced. The Trial Panel shall deliberate in the deliberation room and decide by majority vote. Where it is necessary to replace a Judge, People’s Juror, Court Verifier, or Court Clerk, the Trial Panel shall issue a decision to adjourn the trial. The Chief Justice of the Court shall decide to appoint a Judge, People’s Juror, Court Verifier, or Court Clerk to replace the replaced person. If the person replaced is the Chief Justice of the Court, the competence to decide shall be exercised in accordance with Clause 1 of this Article.”

3. The replacement of Judges and Court Clerks in the settlement of civil matters shall be carried out in accordance with Clauses 1 and 2 Article 368 of this Code.

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

9. Amendments to Clause 1 Article 66

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10. Certain clauses of Article 194 shall be amended, supplemented, and annulled as follows:

a) Amendments to Clause 6

“6. Within 10 days from the date of receipt of a complaint or recommendation concerning the return of a statement of claim, the Chief Justice of the immediately superior Court must issue one of the following decisions:

a) To uphold the return of the statement of claim;

b) To require the first-instance Court to accept the statement of claim and the accompanying documents and evidence for case acceptance.

The decision on settlement of the complaint or recommendation by the Chief Justice of the immediately superior Court shall take legal effect and must be immediately sent to the claimant, the People’s Procuracy of the same level, the People’s Procuracy that made the recommendation, and the Court that issued the decision to return the statement of claim. The decision on settlement of the complaint or recommendation by the Chief Justice of the immediately superior Court shall be final.”;

b) Clause 7 shall be annulled.

11. Amendments to Clause 1 Article 315

“1. Within 15 days from the date of issuance of an appellate judgment or decision, the appellate Court must send the appellate judgment or decision to the first-instance Court, the People’s Procuracy of the same level, the competent civil judgment enforcement agency, the appellant, and persons with related rights and obligations to the appeal or protest, or their lawful representatives.”.

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“3. The Chief Justice of a regional People’s Court may recommend to the Chief Justice of a provincial People’s Court or the Chief Justice of the Supreme People’s Court, and the Chief Justice of a provincial People’s Court may recommend to the Chief Justice of the Supreme People’s Court to consider lodging a cassation protest against judgments and decisions of Courts that have taken legal effect if grounds under Clause 1 Article 326 of this Code are found.”.

13. Amendments to Article 331

“Article 331. Persons competent to lodge cassation protests

1. The Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy shall have competence to lodge cassation protests against judgments and decisions of provincial People’s Courts that have taken legal effect; and against judgments and decisions of other Courts that have taken legal effect where deemed necessary, except decisions of the Council of Justices of the Supreme People’s Court.

2. The Chief Justice of a provincial People’s Court and the Procurator General of a provincial People’s Procuracy shall have competence to lodge cassation protests against judgments and decisions of regional People’s Courts within their territorial jurisdiction that have taken legal effect.”.

14. Amendments to Article 336

“Article 336. Sending of cassation protest decisions

1. A cassation protest decision must be immediately sent to the Court that issued the judgment or decision subject to protest, the litigants, the competent civil judgment enforcement agency, and other persons with related rights and obligations concerning the protest.

2. Where a cassation protest is lodged by the Chief Justice of the Supreme People’s Court or the Chief Justice of a provincial People’s Court, the cassation protest decision together with the case file must be immediately sent to the People’s Procuracy of the same level. The People’s Procuracy shall study the case file within 15 days from the date of receipt; upon the expiry of this time limit, the People’s Procuracy must forward the case file to the Court competent to conduct cassation trial.

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15. Amendments to Article 337

“Article 337. Competence in cassation trials

1. The Judicial Committee of a provincial People’s Court shall conduct cassation trials of judgments and decisions of regional People’s Courts within their territorial jurisdiction that have taken legal effect and are subject to protest.

2. The Council of Justices of the Supreme People’s Court shall conduct cassation trials of judgments and decisions of provincial People’s Courts that have taken legal effect and are subject to protest as follows:

a) The Council of Justices of the Supreme People’s Court shall conduct cassation trials through a Trial Panel consisting of five Justices for judgments and decisions of provincial People’s Courts subject to cassation protest;

b) The entire Council of Justices of the Supreme People’s Court shall conduct cassation trials for judgments and decisions provided in Point a of this Clause that are complex in nature, or for judgments and decisions that have already been reviewed in cassation by a Trial Panel of five Justices but failed to achieve unanimity in adopting the decision on settlement of the case.”

3. Complex cases referred to in Point b Clause 2 of this Article are those falling into one of the following categories:

a) Provisions of law on matters to be resolved in the case are unclear or not uniformly guided in application;

b) The assessment of evidence and application of law has differing opinions;

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

5. Where judgments and decisions that have taken legal effect in the same civil case fall concurrently under the cassation jurisdiction of both a provincial People’s Court and the Supreme People’s Court, the Supreme People’s Court shall have jurisdiction to conduct cassation trial of the entire case.”.

16. Amendments to Clauses 5 and 6 Article 341

“5. Where the Judicial Committee of a provincial People’s Court conducts cassation trial under Clause 1 Article 337 of this Code, the trial must have the participation of at least two-thirds of the total members; decisions of the Judicial Committee must be approved by more than half of the total members.

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

Where cassation trial is conducted under Point b Clause 2 Article 337 of this Code, the trial of the entire Council of Justices of the Supreme People’s Court must have the participation of at least two-thirds of the total members; decisions of the Council of Justices must be approved by more than half of the total members.”.

17. Amendments to point b clause 2 Article 348:

“b) Full names of members of the cassation Trial Panel. Where the cassation Trial Panel is the Judicial Committee of a provincial People’s Court or the Council of Justices of the Supreme People’s Court, the record shall state the full name and title of the presiding judge and the number of members participating in the trial;”.

18. Amendments to Clauses 1 and 2 Article 354 are as follows:

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

19. Amendments to Article 405 are as follows:

“Article 405. Jurisdiction to examine the legality of a strike

1. The regional People’s Court where the strike takes place shall have jurisdiction to examine the legality of the strike.

2. The provincial People’s Court shall have jurisdiction to settle appeals and protests against decisions of regional People’s Courts on the legality of strikes within their territorial jurisdiction.”.

20. Amendments to Article 406 are as follows:

“Article 406. Composition of the Trial Panel for examining the legality of a strike

1. The regional People’s Court shall examine the legality of a strike through a Trial Panel consisting of three Judges.

2. The provincial People’s Court shall settle appeals and protests against decisions on the legality of strikes through a Trial Panel consisting of three Judges.”.

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“1. Immediately upon receipt of a petition, the Chief Justice of the regional People’s Court shall decide to establish a Trial Panel for examining the legality of a strike and assign a Judge to preside over the settlement of the petition.”.

22. Amendments to Article 413 are as follows:

“Article 413. Procedures for settlement of appeals and protests against decisions on the legality of a strike

1. Immediately upon receipt of an appeal or protest against a decision on the legality of a strike, the provincial People’s Court must issue a written request to the Court that examined the legality of the strike to transfer the case file for review and settlement.

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

3. Within 02 working days from the date of receipt of the case file, the Chief Justice of the provincial People’s Court shall decide to establish an appellate Trial Panel for examining the legality of the strike and assign a Judge to preside over the study of the case file.

Within 05 working days from the date the provincial People’s Court receives the case file, the appellate Trial Panel must conduct a hearing on the appeal or protest against the decision on the legality of the strike.

The decision of the appellate Trial Panel of the provincial People’s Court on the legality of the strike shall be final.”.

23. Amendments to Article 421 are as follows:

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1. The regional People’s Court where an airport at which an aircraft requested to be arrested lands shall have jurisdiction to decide on the arrest of such aircraft.

2. The regional People’s Court where a seaport or inland waterway port at which a ship requested to be arrested is operating shall have jurisdiction to decide on the arrest of such ship. Where a port has multiple terminals located within the territories under the jurisdiction of different regional People’s Courts, the regional People’s Court where the terminal at which the ship requested to be arrested is operating shall have jurisdiction to decide on the arrest of such ship.”.

24. Amendments to Article 426 are as follows:

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

Litigants shall have the right to appeal, and the regional People’s Procuracy and the provincial People’s Procuracy shall have the right to protest against decisions of Courts recognizing and enforcing or refusing to recognize judgments and civil decisions of foreign Courts, or decisions recognizing and enforcing foreign arbitral awards, to request provincial People’s Courts to review them in accordance with this Code.”.

25. Amendments to Article 435 are as follows:

“Article 435. Transfer of case files to Courts

Where the Ministry of Justice receives a petition and papers and documents prescribed in Clause 1 Article 434 of this Code, within 5 working days from the date of receipt of the file, the Ministry of Justice must transfer it to the competent Court as prescribed in Articles 35 and 39 of this Code.”.

26. Amendments to Clause 2 Article 442 are as follows:

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The time limit for protest by a regional People’s Procuracy is 7 days, and by a provincial People’s Procuracy is 10 days, from the date of receipt of the decision.”.

27. Amendments to a number of Clauses of Article 443 are as follows:

a) Amendments to Clauses 1 and 2 are as follows:

“1. A provincial People’s Court shall review decisions of a regional People’s Court within its territorial jurisdiction that are appealed or protested within 1 month from the date of receipt of the file; where it is necessary to request explanations under Clauses 1 and 2 Article 437 of this Code, such time limit may be extended but not exceeding 2 months.

2. The Trial Panel reviewing appealed or protested decisions shall consist of three Judges, one of whom shall act as presiding judge as assigned by the Chief Justice of the provincial People’s Court.

The hearing to review appealed or protested decisions shall be conducted in the same manner as the hearing for petitions prescribed in Article 438 of this Code.”.

b) Amendments to Clause 4 are as follows:

“4. Decisions of provincial People’s Courts shall take legal effect from the date of issuance and may be subject to cassation or reopening protests in accordance with this Code.”.

28. Amendments to Clause 2 Article 461 are as follows:

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The time limit for protest by a regional People’s Procuracy is 7 days, and by a provincial People’s Procuracy is 10 days, from the date of receipt of the decision.”.

29. Amendments to a number of Clauses of Article 462 are as follows:

a) Amendments to Clauses 1 and 2 are as follows:

“1. A provincial People’s Court shall review decisions of a regional People’s Court that are appealed or protested within 1 month from the date of receipt of the file; where it is necessary to request explanations under Clause 1 Article 457 of this Code, such time limit may be extended but not exceeding 2 months.

2. The Trial Panel reviewing appealed or protested decisions shall consist of three Judges, one of whom shall act as presiding judge as assigned by the Chief Justice of the provincial People’s Court. The hearing to review appealed or protested decisions shall be conducted in the same manner as the hearing for petitions prescribed in Article 458 of this Code.”.

b) Amendments to Clause 6 are as follows:

“6. Decisions of provincial People’s Courts shall take legal effect from the date of issuance and may be subject to cassation or reopening protests in accordance with this Code.”.

30. Amendments to Clause 1 Article 488 are as follows:

“1. Jurisdiction to consider exemption or reduction of judgment enforcement obligations concerning payments to the state budget shall be determined as follows:

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b) The provincial People’s Court shall have jurisdiction to review on appeal decisions of regional People’s Courts on exemption or reduction of judgment enforcement obligations concerning payments to the state budget that are protested by the People’s Procuracy;

c) The provincial People’s Court shall have jurisdiction to review under reopening procedures decisions of regional People’s Courts on exemption or reduction of judgment enforcement obligations that have taken legal effect within its territorial jurisdiction that are protested;

d) The Supreme People’s Court shall have jurisdiction to review under reopening procedures decisions of provincial People’s Courts on exemption or reduction of judgment enforcement obligations that have taken legal effect and are protested.”.

31. The phrase “Ủy ban tư pháp của Quốc hội” (“Judicial Committee of the National Assembly”) shall be replaced with the phrase “Ủy ban Pháp luật và Tư pháp của Quốc hội” (“Law and Judicial Committee of the National Assembly”) in clause 1 and clause 3 Article 358, clauses 1, 2, 3 and 7 Article 359.

32. In Article 16(1), Article 46(2)(a), Article 47(1)(b) and (c), Article 48(11), Articles 50, 54, 55, Article 60(2), Article 80(2)(c), Article 82(2)(c), Article 97(4), Article 208(3), and Article 504(1), the phrase “Thẩm tra viên” (“Verifier”) shall be replaced with the phrase “Thẩm tra viên Tòa án” (“Court Verifier”).

33. In Article 98(2), Articles 101(1), (2), and (4), and Articles 177(4) and (5), the phrase “Công an xã, phường, thị trấn” (“commune, ward, township police”) shall be replaced with the phrase “Công an xã, phường, đặc khu” (“commune, ward, special zone police”).

34. Clause 4 of Article 34 shall be annulled.

Article 2. Amendments to several articles of the Law on Administrative Procedure

1. Amendments to Article 24 are as follows:

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The Supreme People’s Court shall supervise the adjudication of all People’s Courts; the People’s Courts of provinces and cities (hereinafter referred to as provincial People’s Courts) shall supervise the adjudication of regional People’s Courts within their territorial jurisdiction to ensure the strict and uniform application of law.”.

2. Amendments to Clause 2 Article 30 are as follows:

“2. Lawsuits against disciplinary decisions on dismissal of public officials holding positions lower than Deputy Minister and equivalent.”.

3. Amendments to Article 31 are as follows:

“Article 31. Jurisdiction of regional People’s Courts

Regional People’s Courts shall have jurisdiction to settle at first instance the following lawsuits:

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

2. Lawsuits against administrative decisions and administrative acts of state agencies at provincial level or lower and competent persons therein, except for lawsuits specified in Clause 1 of this Article, shall be determined as follows:

a) Where the plaintiff has a place of residence, workplace, or head office within the same province-level administrative boundary as the defendant, jurisdiction belongs to the Court where the plaintiff resides, works, or has its head office;

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3. Lawsuits against administrative decisions and administrative acts of Ministries, ministerial-level agencies, Governmental agencies, the Office of the President, the Office of the National Assembly, the State Audit Office, the Supreme People’s Court, the Supreme People’s Procuracy, agencies under such state agencies, and competent persons therein, where the plaintiff has a place of residence, workplace, or head office within the territorial jurisdiction of the regional People’s Court; where the plaintiff has no place of residence, workplace, or head office in Vietnam, jurisdiction belongs to the Court where the agency or competent person issued the administrative decision or committed the administrative act.

4. Lawsuits against administrative decisions and administrative acts of overseas representative missions of the Socialist Republic of Vietnam or competent persons therein, where the plaintiff has a place of residence within the territorial jurisdiction of the regional People’s Court; where the plaintiff has no place of residence in Vietnam, jurisdiction belongs to either a regional People’s Court in Hanoi or Ho Chi Minh City, as chosen by the plaintiff.

5. Lawsuits against disciplinary dismissal decisions of heads of province-level or lower agencies and organizations, and central ministries or sectors, where the plaintiff worked when being disciplined, within the territorial jurisdiction of the regional People’s Court.

6. Lawsuits against voter lists prepared by agencies within the territorial jurisdiction of the regional People’s Court.

7. Lawsuits against decisions settling complaints about competition case-handling decisions, and decisions settling complaints in the activities of the State Audit Office, where the plaintiff has a place of residence, workplace, or head office within the territorial jurisdiction of the regional People’s Court.

8. Lawsuits against administrative decisions and administrative acts in the fields of intellectual property and technology transfer, where the plaintiff has a place of residence, workplace, or head office within the territorial jurisdiction of the regional People’s Court.

9. The Supreme People’s Court shall provide guidance for the implementation of this Article.”.

4. Add Article 31a after Article 31 as follows:

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

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2. The Intellectual Property Court of a regional People’s Court shall have jurisdiction to settle at first instance lawsuits against administrative decisions and administrative acts in the fields of intellectual property and technology transfer specified in Clause 8 Article 31 of this Law.

3. Where a regional People’s Court has no Administrative Court, the Chief Justice of such Court shall be responsible for organizing adjudication and assigning Judges to settle cases falling under the jurisdiction of the regional People’s Court.”.

5. Amendments to Article 32 are as follows:

“Article 32. Jurisdiction of provincial People’s Courts

Provincial People’s Courts shall have jurisdiction to settle on appeal cases whose judgments and decisions of regional People’s Courts have not yet taken legal effect but have been appealed or protested; and to conduct cassation and reopening procedures for judgments and decisions of regional People’s Courts that have taken legal effect but are protested in accordance with this Law.”.

6. Add Article 32a after Article 32 as follows:

“Article 32a. Jurisdiction of specialized courts of provincial People’s Courts

The Administrative Court of a provincial People’s Court shall have jurisdiction to settle on appeal cases whose judgments and decisions of regional People’s Courts have not yet taken legal effect but have been appealed or protested in accordance with this Law.”.

7. Amendments to Clause 7 Article 34 are as follows:

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The Chief Justice of the Supreme People’s Court shall settle jurisdictional disputes between regional People’s Courts of different provinces or cities.”.

8. Amendments to Clauses 3 and 4 Article 46 are as follows:

“3. They have participated in the settlement of that administrative case under first-instance, appellate, cassation, or reopening procedures and have issued a first-instance judgment; an appellate judgment or decision; a cassation or reopening decision; a decision suspending case settlement; or a decision recognizing successful dialogue results, except that members of the Council of Justices of the Supreme People’s Court or the Judicial Committee of a provincial People’s Court may participate in the settlement of that case under cassation or reopening procedures.

4. They have acted as procedure-conducting persons in that case in the capacity of Court Verifier, Court Clerk, Procurator, or Inspector.”.

9. Amendments to the title of Article and clause 1 Article 49:

a) The title of Article 49 shall be amended as follows:

“Article 49. Decision on replacement of Judges, People’s Jurors, Court Verifiers, and Court Clerks”;

b) Amendment to Clause 1 Article 49 is as follows:

“1. Before the opening of a trial, the replacement of a Judge, People’s Juror, Court Verifier, or Court Clerk shall be decided by the Chief Justice of the Court.

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a) Where the Judge is the Chief Justice of a regional People’s Court, the decision shall be made by the Chief Justice of the provincial People’s Court;

b) Where the Judge is the Chief Justice of a provincial People’s Court, the decision shall be made by the Chief Justice of the Supreme People’s Court.”.

10. Amendments to Clauses 1 and 2 Article 112 are as follows:

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

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

11. Amendments to Clause 3 Article 256 are as follows:

“3. The Chief Justice of a regional People’s Court may recommend to the Chief Justice of a provincial People’s Court or the Chief Justice of the Supreme People’s Court, and the Chief Justice of a provincial People’s Court may recommend to the Chief Justice of the Supreme People’s Court, to consider lodging a cassation protest against judgments or decisions of Courts that have taken legal effect if any grounds specified in Clause 1 Article 255 of this Law are found.”.

12. Amendments to Article 260 are as follows:

“Article 260. Persons competent to lodge cassation protests

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2. The Chief Justice of a provincial People’s Court and the Chief Procurator of a provincial People’s Procuracy shall have competence to lodge cassation protests against judgments and decisions of regional People’s Courts within their territorial jurisdiction that have taken legal effect.”.

13. Amendments to clauses 2, 3, and 4 Article 262:

“2. Where a cassation protest is lodged by the Chief Justice of the Supreme People’s Court or the Chief Justice of a provincial People’s Court, the cassation protest decision together with the case file must be immediately sent to the People’s Procuracy of the same level. Within 15 days from the date of receipt of the case file, the People’s Procuracy shall study and forward the case file to the Court competent to conduct cassation trial.

3. Where a cassation protest is lodged by the Procurator General of the Supreme People’s Procuracy or the Chief Procurator of a provincial People’s Procuracy, the cassation protest decision together with the case file must be immediately sent to the Court competent to conduct cassation trial.

4. Where the Chief Justice of the Supreme People’s Court lodges a cassation protest against a judgment or decision of another Court that has taken legal effect as provided in Clause 1 Article 260 of this Law, he or she shall have the power to assign a provincial People’s Court to conduct cassation trial.”.

14. Amendments to Article 266 are as follows:

“Article 266. Competence in cassation trials

1. The Judicial Committee of a provincial People’s Court shall conduct cassation trials of judgments and decisions of regional People’s Courts within their territorial jurisdiction that have taken legal effect and are subject to protest.

2. The Council of Justices of the Supreme People’s Court shall conduct cassation trials of judgments and decisions of provincial People’s Courts that have taken legal effect and are subject to protest as follows:

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b) The entire Council of Justices of the Supreme People’s Court shall conduct cassation trials for judgments and decisions referred to in Point a of this Clause that are complex in nature, or for judgments and decisions already reviewed in cassation by a Trial Panel of five Justices but failing to achieve unanimity when voting to adopt the decision on settlement of the case.

3. Complex cases referred to in Point b Clause 2 of this Article are those falling into one of the following categories:

a) Provisions of law on matters to be resolved in the case are unclear or not uniformly guided in application;

b) The assessment of evidence and application of law has differing opinions;

c) The settlement of the case concerns public interests, State interests, or the protection of human rights and citizens’ rights that attract special public attention.

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

5. Where judgments and decisions that have taken legal effect in the same administrative case fall concurrently under the cassation jurisdiction of both a provincial People’s Court and the Supreme People’s Court, the Supreme People’s Court shall have jurisdiction to conduct cassation trial of the entire case.”.

15. Amendments to Clauses 5 and 6 Article 270 are as follows:

“5. Where the Judicial Committee of a provincial People’s Court conducts cassation trial under Clause 1 Article 266 of this Law, the trial must have the participation of at least two-thirds of the total members; decisions of the Judicial Committee must be approved by more than half of the total members.

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Where cassation trial is conducted under Point b Clause 2 Article 266 of this Law, the trial of the entire Council of Justices of the Supreme People’s Court must have the participation of at least two-thirds of the total members; decisions of the Council of Justices must be approved by more than half of the total members.”.

16. Amendments to point b clause 2 Article 277:

“b) Full names of members of the cassation Trial Panel. Where the cassation Trial Panel is the Judicial Committee of a provincial People’s Court or the Council of Justices of the Supreme People’s Court, the record shall state the full name and title of the presiding judge and the number of members participating in the trial;”.

17. Amendments to Clause 3 Article 282 are as follows:

“3. Where new circumstances of a case are discovered, the Chief Justice of a regional People’s Court may recommend to the Chief Justice of a provincial People’s Court or the Chief Justice of the Supreme People’s Court, and the Chief Justice of a provincial People’s Court may recommend to the Chief Justice of the Supreme People’s Court, to consider lodging a reopening protest.”.

18. Amendments to Clauses 1 and 2 Article 283 are as follows:

“1. The Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy shall have competence to lodge reopening protests against judgments and decisions of provincial People’s Courts that have taken legal effect; and against judgments and decisions of other Courts that have taken legal effect where deemed necessary, except decisions of the Council of Justices of the Supreme People’s Court.

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

19. The phrase “cơ quan thi hành án dân sự cùng cấp” (“People’s civil judgment enforcement agency of the same level”) shall be replaced with the phrase “cơ quan thi hành án dân sự có thẩm quyền” (“competent civil judgment enforcement agency”) in Clause 2 Article 75, Clause 2 Article 77, Clause 3 Article 196, and Clause 1 Article 197.

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21. The phrase “Ủy ban Tư pháp của Quốc hội” (“Judicial Committee of the National Assembly”) shall be replaced with the phrase “Ủy ban Pháp luật và Tư pháp của Quốc hội” (“Law and Judicial Committee of the National Assembly”) in Point b Clause 1 and Clause 3 Article 287, Article 288, Clause 1 Article 289, Article 290, Clauses 2, 3 and 5 Article 291, Article 292, and Article 297.

22. Replace the phrase Thẩm tra viên” (“Verifier”) with the phrase “Thẩm tra viên Tòa án” (“Court Verifier”) in Clause 1 Article 14, Point a Clause 2 Article 36, Point b Clause 1 Article 37, Article 40, Article 47, Article 48, Clause 2 Article 50, Point d Clause 3 Article 63, Point c Clause 3 Article 64, Clause 4 Article 84, Clause 1 Article 332.

23. Replace the phrase “Công an xã, phường, thị trấn” (“commune, ward, township police”) with the phrase “Công an xã, phường, đặc khu” (“commune, ward, special zone police”) in Clause 2 Article 85, Clauses 1, 2 and 4 Article 88, and Clauses 3 and 4 Article 106.

Article 3. Amendments to several articles of the Law on Juvenile Justice

1. Amendments to Point a Clause 3 and Point b Clause 5 Article 56:

a) Amendments to point a Clause 3 are as follows:

“a) Deliver the decision to the juvenile suspect and their representative; send it to the competent Procuracy and to the victim; and send it to the competent Investigation Agency in cases where the Procuracy issues the decision;”;

b) Amendments to point b clause 5:

“b) Send the decision on application of the educational measure at a reformatory school and a copy of the social investigation report to the criminal judgment enforcement agency of the province-level Police where the juvenile resides;”.

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“c) Send the decision to the competent civil judgment enforcement agency;

d) Send the decision on application of the educational measure at a reformatory school and a copy of the social investigation report to the criminal judgment enforcement agency of the province-level Police where the juvenile resides;”.

3. Amendments to Clause 2 Article 72 are as follows:

“2. Within 3 days from the date of issuance of a decision, the competent authority handling the complaint or recommendation must send the decision on settlement of the complaint or recommendation to the complainant or recommender, the competent Procuracy, the agency that issued the decision on application of diversion measures, the juvenile and their representative, and the criminal judgment enforcement agency of the province-level Police where the juvenile is required to serve the educational measure at a reformatory school in cases specified at Points a and b Clause 1 of this Article.”.

4. Amendments to certain phrases of several clauses of Article 73:

a) The phrase “Công an xã, phường, thị trấn” (“commune, ward, township police”) shall be replaced with the phrase “Công an xã, phường, đặc khu” (“commune, ward, special zone police”) in Clause 2;

b) Amendments to Clause 4 are as follows:

“4. Enforcement of decisions on application of diversion measures for compensation for damage by Investigation Agencies and Procuracies shall be as follows:

a) Competent civil judgment enforcement agencies shall enforce decisions of Investigation Agencies and People’s Procuracies;

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c) Procedures for enforcement of decisions under this Clause shall be carried out in accordance with the law on civil judgment enforcement.”.

5. Amendments to and replacement of certain phrases of several clauses of Article 113:

a) Replace the phrase “cơ quan thi hành án hình sự Công an cấp huyện” (“criminal judgment enforcement agency of district-level Police”) with the phrase “cơ quan thi hành án hình sự Công an cấp tỉnh” (“criminal judgment enforcement agency of provincial-level Police”) at Points a, b, c, and d Clause 1, and Clause 3;

b) Amendments to Clause 2 are as follows:

“2. The Procuracy shall directly supervise the settlement of complaints and denunciations by the Court, the criminal judgment enforcement management agency, and the criminal judgment enforcement agency.

When supervising the settlement of complaints and denunciations in the enforcement of educational measures at reformatory schools, the Procuracy shall have the right to require the Court, the criminal judgment enforcement management agency, and the competent criminal judgment enforcement agency to perform the following tasks: issue written decisions on the settlement of complaints and denunciations; examine the settlement of complaints and denunciations within their competence and by lower levels; notify the Procuracy of the settlement results; and provide the Procuracy with files and documents related to the settlement of complaints and denunciations.”.

6. Amendments to a number of Clauses of Article 142 are as follows:

a) Add Clause 4a after Clause 4 as follows:

“4a. Where an Intermediate Investigator or Senior Investigator is the Chief or Deputy Chief of commune-level Police assigned by the Head of the province-level Investigation Agency to initiate and investigate a case involving a less serious or serious crime occurring within the commune-level territory as prescribed in Clause 2 Article 37 of the Criminal Procedure Code, such Investigator shall exercise the powers of the Head or Deputy Head of the Investigation Agency to apply diversion measures and other procedural measures for juveniles in accordance with this Law and the Criminal Procedure Code.”;

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

7. Replace the phrase “xã, phường, thị trấn” (“commune, ward, township”) with the phrase “xã, phường, đặc khu” (“commune, ward, special zone”) in Clause 4 Article 36 and Article 43.

8. Replace the phrase “đơn vị hành chính cấp huyện” (“district-level administrative division”) with the phrase “đơn vị hành chính cấp tỉnh” (“province-level administrative division”) in Point b Clause 2 Article 53.

9. Replace the phrase “cơ quan thi hành án hình sự Công an cấp huyện” (“criminal judgment enforcement agency of district-level Police”) with the phrase “cơ quan thi hành án hình sự Công an cấp tỉnh” (“criminal judgment enforcement agency of province-level Police”) in Clause 6 Article 66, Clause 12 Article 87, Clause 4 Article 88, Clauses 1, 2, and 3 Article 94, Point b Clause 1, Clause 2, Point b Clause 5, Clauses 6, 7, 8, and 9 Article 95, Clauses 3 and 5 Article 96, Points a Clause 1 and a Clause 3 Article 97, Clause 3 Article 112, Clause 1 Article 171, and Points c Clause 5 and Clause 6 Article 179.

Replace the phrase “of district-level Police” with the phrase “of the competent Police authority” in Point a Clause 3 Article 97.

10. Replace the phrase “Tòa án nhân dân cấp huyện” (“district-level People’s Court”) with the phrase “Tòa án nhân dân khu vực” (“regional People’s Court”) in Clause 1 Article 87, Clause 3 Article 95, Clause 2 Article 110, and Clause 6 Article 179.

11. Replace the phrase “Viện kiểm sát nhân dân cấp huyện” (“district-level People’s Procuracy”) with the phrase “Viện kiểm sát nhân dân khu vực” (“regional People’s Procuracy”) in Clause 1 Article 106.

12. Replace the phrase “Viện kiểm sát cùng cấp” (“People’s Procuracy of the same level”) with the phrase “Viện kiểm sát có thẩm quyền” (“competent People’s Procuracy”) in Clauses 3 and 6 Article 55, Clause 4 Article 59, Clause 5 Article 60, Clause 1 Article 71, and Clause 3 Article 139.

13. Remove the phrase “, Phòng Giáo dục và Đào tạo” (“, Committee division of Education and Training”) in Clause 3 Article 102.

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Article 4. Amendments to several articles of the Law on Bankruptcy

Amendments to Article 8 are as follows:

“Article 8. Jurisdiction of People’s Courts in bankruptcy settlement

1. The Bankruptcy Court of a regional People’s Court shall have jurisdiction to settle bankruptcy of enterprises and cooperatives having their head offices within the territorial jurisdiction of such Bankruptcy Court.

2. The Supreme People’s Court shall provide guidance for the implementation of this Article.”.

Article 5. Amendments to several articles of the Law on Mediation and Dialogue at Courts

1. Amendments to point c clause 1 Article 8:

“c) To select a Mediator from the list of Mediators of the Court competent to settle the civil case or administrative lawsuit, or from the list of Mediators of another regional People’s Court within the same province-level administrative boundary;”.

2. Replace the phrase “Tòa án nhân dân cấp huyện” (“district-level People’s Court”) with the phrase “Tòa án nhân dân khu vực” (“regional People’s Court”) in Clause 3 Article 7, Clause 7 Article 16, Clause 3 Article 17, and Clause 3 Article 18.

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Article 6. Entry into force

This Law comes into force as of July 1, 2025, unless otherwise provided for in the Law on Juvenile Justice.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, Legislature XV, at its 9th Session on June 25, 2025.

PRESIDENT OF THE NATIONAL ASSEMBLY




Tran Thanh Man