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RESOLUTION

ENFORCEMENT OF LAW ON AMENDMENTS TO LAW ON ORGANIZATION OF PEOPLE’S COURTS, LAW ON AMENDMENTS TO LAW ON ORGANIZATION OF PEOPLE'S PROCURACIES, PROCEDURE LAWS AND OTHER RELEVANT LAWS

THE NATIONAL ASSEMBLY

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

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

Pursuant to the Law on Organization of People’s Procuracies No. 63/2014/QH13 amended by  the Law No. 82/2025/QH15;

Pursuant to the Criminal Procedure Code No.101/2015/QH13 amended by the Law No. 02/2021/QH15, the Law No. 34/2024/QH15, the Law No. 59/2024/QH15 and the Law No. 99/2025/QH15;

Pursuant to the Law No. 85/2025/QH15 on amendments to Civil Procedure Code, Law on Administrative Procedures, Law on Juvenile Justice, Law on Bankruptcy and Law on Mediation or Dialogue at the Court;

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HEREBY RESOLVES:

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

From the date on which the Law on amendments to the Law on Organization of People’s Courts No. 81/2025/QH15 is ratified by the National Assembly until its effective date (July 01, 2025):

1. The Chief Justice of the Supreme People's Court shall be responsible for conducting  review and making preparations in terms of organizational structure, personnel, facilities and other necessary conditions to ensure that People's Courts at all levels operate in accordance with regulations of the Law on amendments to the Law on Organization of People’s Courts.

2. Pursuant to regulations in Articles 4, 40, 47 and 60 of the Law on Organization of People’s Courts  amended by the Law No. 81/2025/QH15  and requirements for trial practices at each Court, the Chief Justice of the Supreme People's Court shall request the Standing Committee of the National Assembly to:

a) Approve proposals to establish Appellate Courts of the Supreme People's Court, departments, and equivalents, and press authorities affiliated to the Supreme People's Court;

b) Establish provincial People’s Courts and regional People's Courts; issue regulations on scope of territorial jurisdiction of regional People's Courts;

c) Promulgate regulations on scope of territorial jurisdiction of some provincial People's Courts to annul arbitral awards or apply for arbitral awards in cases;

d) Issue regulations on scope of territorial jurisdiction of  some regional People's Courts to resolve bankruptcy cases; business, commerce and civil cases and administrative lawsuits over intellectual property and technology transfer;

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e) Amend the Resolution No. 67/2025/UBTVQH15 dated February 06, 2025 of the Standing Committee of the National Assembly.

3. Pursuant to regulations in Articles 56, 60 and 77 of the Law on Organization of People’s Courts  amended by the Law No. 81/2025/QH15  and requirements for trial practices at each Court, the Chief Justice of the Supreme People's Court shall:

a) Decide to establish authorities and units specified in points b, c and dd clause 1 Article 47 of the Law on Organization of People’s Courts;

b) Issue regulations on duties, powers, organizational structure, and scope of territorial jurisdiction of Appellate Courts of the Supreme People's Court; regulations on duties, powers and organizational structure of departments and equivalents, training institutions and press authorities affiliated to the Supreme People's Court;

c) Decide to establish specialized tribunals affiliated to provincial and regional People's Courts;  

d) Decide to establish and issue regulations on duties and powers of assistance apparatus affiliated to provincial and regional People's Courts.

4. The Supreme People's Court, Appellate Courts of the Supreme People's Court, provincial People's Courts, and regional People's Courts shall use seals bearing the National Emblem. If necessary, the Chief Justice of the Supreme People's Court shall decide to use additional seals that are the same as those issued to the Supreme People's Court, provincial People's Courts, regional People's Courts , and units affiliated to the Supreme People's Court.

Authorities using seals shall be responsible for registering additional seals according to regulations of law on management and use of seals.

Article 2. Organization of enforcement of the Law on amendments to the Law on Organization of People's Procuracies

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1. The Procurator General of the Supreme People’s Procuracy shall be responsible for conducting  review and making preparations in terms of organizational structure, personnel, facilities and other necessary conditions to ensure that People's Procuracies at all levels operate in accordance with regulations of the Law on amendments to the Law on Organization of People's Procuracies.

2. Pursuant to regulations in Articles 40, 49 and 63 of the Law on Organization of People's Procuracies amended by the Law No. 82/2025/QH15 and actual requirements for performance of duties at each People's Procuracy, the Procurator General of the Supreme People’s Procuracy shall request the Standing Committee of the National Assembly to:

a) Approve working apparatus of the Supreme People’s Procuracy;

b) Establish provincial People’s Procuracies;  

c) Establish and issue regulations on scope of territorial jurisdiction of regional People’s Procuracies.

3. Pursuant to regulations in Articles 40, 42, 46 and 48 of the Law on Organization of People's Procuracies amended by the Law No. 82/2025/QH15 and actual requirements for performance of duties at each People's Procuracy, the Procurator General of the Supreme People’s Procuracy shall:

a) Decide to establish Procuracies for Appellate Prosecution and Supervision; promulgate regulations on organizational structure, duties and powers of Office, investigation authorities, Procuracies for Appellate Prosecution and Supervision, departments and equivalents, training institutions, press authorities and other public service providers affiliated to the Supreme People’s Procuracy;  

b) Decide establishment of and issue regulations on duties and powers of working apparatus in provincial and regional People’s Procuracies.

4. The Supreme People’s Procuracy, Procuracies for Appellate Prosecution and Supervision under the Supreme People’s Procuracy, provincial and regional People’s Procuracies shall use seals bearing the National Emblem.  If necessary, the Procurator General of the Supreme People’s Procuracy shall decide to use additional seals that are the same as those issued to the Supreme People's Procuracy, provincial People's Procuracies, regional People's Procuracies, and units affiliated to the Supreme People's Procuracy.

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Article 3. Transitional clauses on enforcement of Law on amendments to Law on Organization of People’s Courts, procedure laws and other relevant laws

From the date on which the Law on amendments to Law on Organization of People’s Courts No. 81/2025/QH15, the  Law on amendments to Criminal Procedure Code No. 99/2025/QH15 and the Law on amendments to Civil Procedure Code, Law on Administrative Procedures, Law on Juvenile Justice, Law on Bankruptcy and Law on Mediation or Dialogue at the Court No. 85/2025/QH15 take effect (July 01, 2025);

1. Regional People’s Courts that have territorial jurisdiction shall receive duties to settle and adjudicate criminal and administrative lawsuits, civil cases and other cases that are being settled by district-level People’s Courts; cases on which judgments or decisions of district-level People's Courts are annulled for re-trial according to first-instance procedures.

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

2. Provincial People's Courts shall process written petitions and requests for opening of cassation or reopening procedures for judgments or decisions of district-level People's Courts which have taken legal effect; cases on which judgments or decisions of provincial People's Courts are annulled for re-trial according to first-instance or appeal procedures.

Chief Justices of provincial People’s Courts have jurisdiction to protest against judgments or decisions of district-level People’s Courts which have taken legal effect according to cassation or reopening procedure. Provincial People's Courts shall open cassation or reopening procedures for judgments or decisions of district-level People's Courts.

Regarding criminal and administrative lawsuits, civil cases and other cases within the jurisdiction of regional People’s Courts that are settled by provincial People’s Courts before July 01, 2025 but have not completely been settled:

a) In case provincial People's Courts have received written petitions or requests but have not yet accepted them, such petitions or requests shall be transferred to competent regional People's Courts to process them. If Courts have held meetings to record results of mediation or dialogues at Courts and have requests for recognition of successful mediation or dialogues, provincial People's Courts shall continue to consider issuing decisions;

b) In case provincial People's Courts have accepted written petitions or requests according to first-instance procedures before July 01, 2025 but have not completely processed them, provincial People's Courts shall continue to process such petitions or requests.

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3. An Appellate Court of the Supreme People’s Court has territorial jurisdiction to receive the following duties:  

a) Settle and adjudicate, according to appellate procedures, criminal and administrative lawsuits, civil cases and other cases that are being settled by Superior People’s Courts; cases on which judgments or decisions of Superior People's Courts are annulled for re-trial according to appellate procedures;

b) Organize appellate trials over criminal and administrative lawsuits, civil cases that was settled by provincial People’s Courts according to first-instance procedure but then are appealed/protested against by individuals or organizations;

c) Process petitions for re-consideration of, protests against decisions on initiation of or refusal to initiate bankruptcy procedures; written petitions or protests against decisions to declare that enterprises or cooperatives are bankrupt within the jurisdiction of  Superior People’s Courts;

d) Settle other cases within the jurisdiction of  Superior People’s Courts.

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

5. The Supreme People’s Court shall receive duties to open cassation or reopening procedures for judgments or decisions of provincial People’s Courts which have taken legal effect within the jurisdiction of  Superior People’s Courts.

The Chief  Justice of the Supreme People’s Court has jurisdiction to protest, according to cassation or reopening procedure, against judgments or decisions which have taken legal effect of Appellate Courts of the Supreme People’s Court, Superior People’s Courts, and district-level People’s Courts on administrative lawsuits, civil cases and other cases; protest, according to cassation procedure against criminal judgments or decisions which have taken legal effect of Superior People’s Courts, and district-level People’s Courts.

The Supreme People’s Court shall open cassation or reopening procedure for judgments or decisions which have taken legal effect of Appellate Courts of the Supreme People’s Court on administrative lawsuits, civil cases and other cases; judgments or decisions which have taken legal effect of Superior People’s Courts.  

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6. The Judges’ Council of the Supreme People's Court that is organized in accordance with regulations of the Law on Organization of People's Courts No. 34/2024/QH15 shall continue to perform duties and exercise powers until the number of members of the Judges’ Council of the Supreme People's Court satisfies the requirements in clause 5 Article 1 of the Law on amendments to Law on Organization of People's Courts No. 81/2025/QH15.

7. People’s Jurors elected for adjudication at district-level People's Courts in accordance with regulations of the Law on Organization of People's Courts No. 34/2024/QH15 shall continue adjudication at regional People's Courts.

People’s Jurors elected for adjudication at provincial People's Courts shall continue adjudication until provincial People's Councils elect new-term People’s Jurors. Chief Justices of provincial People's Courts shall decide number and lists of provincial People’s Jurors in charge of adjudication at provincial and regional People's Courts.

8. Regarding agreement on selection of Courts having jurisdiction over arbitral activities specified in clause 1 Article 7 of the Law on Commercial Arbitration before July 01, 2025, the selected Court or the Court inheriting rights and responsibilities of the selected Court has jurisdiction over such arbitral activities.

9. The Supreme People's Court shall act as a compensation authority in accordance with regulations of the Law on State’s Liability for Compensation in the following cases:

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

b) The Judges’ Council of the Supreme People’s Court annuls the cassation or reopening decision of the Superior People’s Court which declared that the defendant was guilty for re-investigation and then the investigation on the accused and the case is terminated as no violation was committed, or his/her act has not constituted crime, or the investigation period has expired without justifiable grounds to prove that the accused committed any crime;

c) The Judges’ Council of the Supreme People’s Court annuls the cassation or reopening decision of the Superior People’s 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.

10. Provincial civil judgment-enforcing agencies have jurisdiction to enforce judgments and decisions of People’s Courts of rural/urban districts, district-level towns, provincial cities and equivalents; judgments and decisions of Superior People’s Courts.

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Article 4. Transitional clauses on enforcement of Law on amendments to Law on Organization of People’s Procuracies, procedure laws and other relevant laws  

From the date on which the Law on amendments to Law on Organization of People’s Procuracies No. 82/2025/QH15, the  Law on amendments to Criminal Procedure Code No. 99/2025/QH15 and the Law on amendments to Civil Procedure Code, Law on Administrative Procedures, Law on Juvenile Justice, Law on Bankruptcy and Law on Mediation or Dialogue at the Court No. 85/2025/QH15 take effect (July 01, 2025):

1. Regional People’s Procuracies that have territorial jurisdiction shall receive duties to settle criminal and administrative lawsuits, criminal and civil cases and other cases that are being settled by district-level People’s Procuracies; lawsuits and cases on which judgments or decisions of district-level People's Courts are annulled for re-trial according to first-instance procedures.

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

2. Provincial People's Procuracies shall process petitions and requests for protests, according to cassation or reopening procedure, and exercise prosecution rights and supervise processing of such petitions and requests for protests, according to cassation or reopening procedure, against judgments or decisions of district-level People's Courts which have taken legal effect within the jurisdiction of superior People's Procuracies before July 01, 2025; exercise prosecution rights and supervise settlement of lawsuits and cases within the jurisdiction of provincial People's Courts specified in clause 2 Article 3 of this Resolution.

Chief  Procurators of provincial People’s Procuracies have jurisdiction to protest against judgments or decisions of district-level People’s Courts which have taken legal effect according to cassation or reopening procedure.

If provincial People’s Procuracies have accepted criminal and administrative lawsuits, criminal and civil cases and other cases within the jurisdiction of regional People’s Procuracies before July 01, 2025 but have not completely settled such lawsuits and cases, provincial People’s Procuracies shall continue to settle them.  

After the arrangement, provincial People’s Procuracies shall inherit rights and responsibilities of the re-arranged provincial People’s Procuracies according to regulations of law.

3. The Supreme People’s Procuracy shall process written petitions and requests for protests, according to cassation or reopening procedure, against judgments or decisions of provincial People's Courts which have taken legal effect within the jurisdiction of superior People's Procuracies before July 01, 2025; exercise prosecution rights and supervise settlement of lawsuits and cases within the jurisdiction of the Supreme People’s Court specified in clause 3 and clause 5 Article 3 of this Resolution.

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The Supreme People’s Procuracy shall inherit rights and responsibilities of Superior People's Procuracies according to regulations of law.

4. The term of office of a Procurator who is appointed according to the Law on Organization of People’s Procuracies No. 63/2014/QH13 is regulated as follows:

a) The term of office of the Procurator of the Supreme People’s Procuracy who is appointed according to the Law on Organization of People’s Procuracies No. 63/2014/QH13 shall comply with regulations of the Law on amendments to Law on Organization of People’s Procuracies No. 82/2025/QH15;

b) The high-level, intermediate-level or primary- level procurator initially appointed in accordance with regulations of the Law on Organization of People’s Procuracies No. 63/2014/QH13 shall continue to perform his/her duties until the end of his/her term of office; the re-appointment and the term of office of the re-appointed procurator shall comply with regulations of the Law on amendments to Law on Organization of People’s Procuracies No. 82/2025/QH15;

c) The term of office of the high-level, intermediate-level or primary-level Judge re-appointed or designated a higher pay grade in accordance with regulations of the Law on Organization of People’s Procuracies No. 63/2014/QH13 shall last until the date of retirement or reassignment.

5. The Procurator General of the Supreme People’s Procuracy shall provide guidance on implementation of regulations in this Article and other contents to enforce the Law.

Article 5. Transitional clauses on enforcement of some regulations of Law on amendments to certain articles of the Criminal Procedure Code

From the effective date of Law on amendments to certain articles of the Criminal Procedure Code No. 99/2025/QH15:

1. Regarding lawsuits that have been admitted by investigation authorities, authorities tasked with conducting certain investigational activities, People’s Procuracies and Courts before July 01, 2025 but not settled, such lawsuits shall continue to be settled according to new regulations on investigation, prosecution, trial in absentia, regulations on digitalization of records, digital signatures, notification via digital platforms and other regulations in the Criminal Procedure Code amended by the Law No. 99/2025/QH15, except for the case specified in clause 2 of this Article.

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a) If the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People’s Procuracy have given their opinions to the State' President, the time limit begins from July 01, 2025;

b) If the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People’s Procuracy have not yet given their opinions to the State' President, the time limit begins from the date on which the State' President receives opinions from the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People’s Procuracy.

Article 6. Implementation clauses

1. This Resolution takes effect from July 01, 2025.

2. Operations of Superior People's Courts, Superior People's Procuracies, district-level People's Courts, district-level People's Procuracies shall be terminated from July 01, 2025.  

3. The President, the National Assembly Standing Committee, the Government, the Supreme People's Court, and the Supreme People's Procuracy, within their functions, duties and powers, shall be responsible for implementing this Resolution.

This Resolution was passed by the 15^th National Assembly of the Socialist Republic of Vietnam, 9^th session, on June 27, 2025.

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