Notable features of the Law amendments to the Law on Organization of People’s Courts
- Le Hoang Anh
- Oct 4
- 7 min read
The Law amending and supplementing the Law on Organization of People’s Court, promulgated by the 15th National Assembly, will officially take effect from July 1, 2025 (the “Amending Law”). The Amending Law amends and supplements many issues, such as the Organizational Model of the People's Courts; Duties and Jurisdictions of the People's Courts; and the Jurisdiction of the People's Courts in relevant laws. This amendment and supplementation is a consequence of the comprehensive reform currently underway in Vietnam's administrative structure, transitioning from a three-level to a two-level local governance model.
A. ORGANIZATION OF THE PEOPLE'S COURTS
According to Clause 1, Article 4 of the 2024 Law on Organization of People's Courts, the People's Courts includes:
(1) Supreme People’s Court.
(2) Superior People’s Courts.
(3) People’s Courts of central-affiliated cities and provinces (the “Provincial Courts”).
(4) People’s Courts of rural/urban districts, district-level towns, provincial cities and cities controlled by central-affiliated cities (the “District Courts”).
(5) People's Courts of first instance specialized in administrative/intellectual property/bankruptcy cases (the “Courts of first instance”).
(6) Central Military Court, Military Courts of military zones and equivalents, regional Military Courts (the “Military Courts”).
However, the Amending Law has revised the People's Courts as follows:
(1) Supreme People’s Court.
(2) People’s Courts of cities and provinces (the “Provincial Courts”).
(3) Regional People’s Courts (the “Regional Courts”)
(4) Specialized Courts at International Financial Centers (the “Specialized Courts”).
(5) Central Military Court, Military Courts of military zones and equivalents, regional Military Courts (the “Military Courts”).
Thus, the organizatio of the People's Court has changed from a four-level to a three-level, abolishing the Superior People’s Courts and replacing the District Court with the Regional Court. This amendment is consistent with the comprehensive reform currently taking place in Vietnam's administrative structure, especially the restructuring of local governance into a two-level model (provincial level and communal level) and the elimination of the district level.
B. DUTIES AND JURISDICTIONS OF THE PEOPLE'S COURTS
The change in the organization of the People's Courts from a four-level to a three-level also entails changes in the duties and jurisdictions of the Courts regarding trial levels (first-instance, appeal) and special procedures (cassation, retrial).
1. SUPREME PEOPLE’S COURT
According to Article 46 of the 2024 Law on Organization of People's Courts, the Supreme People's Court has the jurisdiction to (i) Conduct cassation, retrial Courts’ judgments and decisions which have taken legal effect and are protested against in accordance with the law. However, the Amending Law has added a duty and jurisdiction for the Supreme People's Court in (ii) Organize appellate trials over criminal lawsuits on which first-instance judgments or decisions of Provincial Courts have not taken effect and are appealed or protested against as per law.
This is not a new set of duites and jurisdictions. Previously, Clause 2, Article 20 of the 2002 Law on Organization of People's Courts stipulated that “The appellate trials of cases with the first-instance judgements and/or decisions of immediate lower courts, which have not yet taken legal effect but have been appealed and/or protested against appealed according to the provisions of the procedural law”. The abolition of the Superior People’s Courts has led to the restoration of the appellate jurisdiction of the Supreme People's Court in criminal cases.
PROVINCIAL PEOPLE’S COURTS
According to Article 55 of the 2024 Law on Organization of People's Courts, the Provincial Court has the jurisdiction to conduct trials of (i) First-instance trials over lawsuits/cases as per law; (ii) Conduct appellate trials over lawsuits/cases in which first-instance judgments or decisions of District Courts which have not yet taken legal effect are appealed or protested against in accordance with law.
However, the Amending Law has revised Article 55 as follows: (i) Conduct first-instance trials over criminal lawsuits as per law; (ii) Organize appellate trials over lawsuits/cases on which first-instance judgments or decisions of Regional Courts have not taken effect and are appealed or protested against as per law; (iii) Conduct cassation and retrial Regional Courts’ judgments and decisions which have taken legal effect and are protested against in accordance with the law.
Thus, the Provincial Court only retains first-instance jurisdiction over criminal cases, no longer having over lawsuits/cases in general as before , and adds the jurisdiction for (iii) Conduct cassation and retrial Regional Courts’ judgments and decisions which have taken legal effect and are protested against in accordance with the law. Furthermore, for appellate jurisdiction, the provision has replaced the phrase “District-level People's Court" with "Regional People's Court". This change is a consequence of the change in the organizational model of the People's Courts, but the nature of the trial levels remains unchanged.
3. REGIONAL PEOPLE’S COURTS
The Regional Courts inherits the duties and jurisdiction of the District Courts. The Regional Courts has the jurisdiction to conduct first-instance trials over lawsuits/cases as per law, except for criminal cases that fall under the first-instance jurisdiction of the Provincial Courts.
In addition, the Regional Courts is also granted some jurisdiction that the District Courts did not previously have, specifically: The jurisdiction to resolve cases involving foreign elements[1]; Competence to request Vietnamese judicial request and Competence to execute foreign judicial requests[2]; and Competence to repeal of illegal particular decisions[3].
Thus, the Regional Court, in addition to inheriting the powers and jurisdictions of the District Court, is also granted a number of new jurisdictions, such as reviewing the cancellation of particular decisions, resolving cases involving foreign elements, and requesting and executing judicial assistance. This issue needs to be noted to avoid incorrect determination of the Court's jurisdiction to resolve cases.
C. JURISDICTION OF THE PEOPLE'S COURTS IN RELEVANT LAWS
The organization of the People's Courts has changed from a four-level to a three-level model, especially the replacement of the District Court with the Regional Court. Therefore, the Amending Law amends a number of provisions in relevant specialized laws to ensure conformity with the restructured judicial system and to optimize the efficiency of the legal proceedings.
Some relevant specialized laws amended and supplemented by the Amending Law are as follows:
1. LAW ON COMMERCIAL ARBITRATION 2010
Clause 3, Article 7 of the 2010 Law on Commercial Arbitration stipulates:
“Courts with competence over arbitral activities specified in Clauses 1 and 2 of this Article are People’s Courts of central-affiliated cities and provinces”.
The Amending Law amends Clause 3, Article 7 above as follows:
“Regional People's Courts have jurisdiction over arbitration operations specified in clause 1 and points a,b,c,d,đ and e clause 2 of this Article.
Some Provincial People's Courts have jurisdiction over arbitration operations specified in point g, clause 2 of this Article and the National Assembly Standing Committee shall promulgate regulations on Courts having jurisdiction and scope of territorial jurisdiction of some provincial People’s Courts over the request specified in point g clause 2 of this Article”.
2. LAW ON VIETNAM CIVIL AVIATION 2006 (AMENDED, SUPPLEMENTED)
Clause 2, Article 44 of the 2006 Law on Civil Aviation (amended, supplemented) stipulates:
“The People’s Courts of central-affiliated cities and provinces in which an aircraft has landed shall issue a decision to arrest the aircraft upon written request of the owner or a creditor, if the aircraft is an asset to secure a debt to the creditor or of third parties who suffer damage on the surface caused by the aircraft in flight or of persons having rights and interests related to the aircraft according to this Law”.
The Amending Law amends Clause 2, Article 44 above as follows:
“The Regional People’s Court where an aircraft has landed shall issue a decision to arrest the aircraft upon written request of the owner or a creditor, if the aircraft is collateral for debt to the creditor or of third parties who suffer damage on the surface caused by the aircraft in flight or of persons having rights and interests related to the aircraft in accordance with this Law”.
3. LAW ON MARRIAGE AND FAMILY 2014
Clause 3, Article 123 of the 2014 Law on Marriage and Family stipulates:
“The District-level People’s Courts of localities where Vietnamese citizens reside are competent to cancel illegal marriages, settle divorce cases, disputes over the rights and obligations of husband and wife, parents and children, recognition of parents, children, child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws”.
The Amending Law amends Clause 3, Article 123 above as follows:
“The Regional People’s Courts of localities where Vietnamese citizens reside are competent to cancel illegal marriages, settle divorce cases, disputes over the rights and obligations of husband and wife, parents and children, recognition of parents, children, child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws”.
Thus, the Courts in Vietnam is undergoing unprecedented major changes. In the near future, it is necessary to be aware of these changes when working with the Courts to ensure the effectiveness of the proceedings. For more details, solutions to issues, or a representative to participate in litigation, feel free to contact Minh Thien Law for further consultation.
[1] Article 35 of the 2015 Code of Civil Procedure (amended, supplemented 2025).
[2] Articles 10, 17 of Joint Circular 12/2026/TTLT-BTP-BNG-TANDTC have been amended by Joint Circular 13/2025/TTLT-BTP-BNG-TANDTC.
[3] Clause 1, Article 31 of the 2015 Administrative Procedure Law (amended, supplemented 2025); Point h, Clause 1, Article 5 of Decree 151/2025/NĐ-CP.
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