An Overview of the Key Amendments to the Civil Procedure Code

In an effort to further improve the procedural legal framework, enhance the effectiveness and efficiency of judicial activities, and solidify ongoing judicial reform directions, the National Assembly has passed the Law amending and supplementing a number of articles of the Civil Procedure Code, the Law on Administrative Procedures, the Law on Juvenile Justice, the Bankruptcy Law, and the Law on Mediation and Dialogue at Court (the Law Amending CPC).

The Law Amending CPC was adopted under an expedited legislative process in order to promptly respond to practical demands concerning the refinement of jurisdictional rules and the procedures for resolving civil and administrative cases. At its Ninth Session, the 15^th National Assembly officially adopted the Law Amending CPC on 25 June 2025. This Law came into effect on 1 July 2025. Under the Law Amending the Law on the Organisation of the People’s Court (the Law Amending LOC), Vietnam’s judicial system has undergone significant structural reforms. The District People’s Courts and the High People’s Courts have been abolished, and the current people’s court system now comprises the Supreme People’s Court, the Provincial People’s Courts, and the Regional People’s Courts. In addition, there will be Specialised Courts established at the International Financial Centre. The jurisdiction and other issues related to the Specialised Courts are expected to be guided further by the Supreme People's Court.

This Legal Update provides an overview of the key amendments introduced under the Law Amending CPC.

1. Amendment to the General Provisions on Court Jurisdiction

1.1. Jurisdiction of the Regional People’s Court

Under the Law Amending LOC and Resolution No. 81/2025/UBTVQH of the Standing Committee of the National Assembly on the establishment of Provincial People’s Courts and Regional People’s Courts and the determination of their territorial jurisdiction (Resolution 81), the system of District People’s Courts has been officially abolished and replaced by the establishment of Regional People’s Courts. 

Accordingly, the majority of functions and powers previously vested in District People’s Courts have now been transferred to the Regional People’s Courts. Accordingly, the Regional People’s Court shall have jurisdiction to resolve, at first instance, civil, marriage and family, commercial, and labour-related disputes and petitions. 

Exceptions include petitions for setting aside arbitral awards and for the registration of ad hoc arbitral awards, which fall under the jurisdiction of certain Provincial People’s Courts. 

With this provision, in comparison to the Civil Procedure Code 2015 (the CPC 2015), the jurisdiction of the Regional People’s Court is expanded to cover the handling of requests for the recognition and enforcement in Vietnam, or non-recognition, of foreign judgments and foreign arbitral awards. 

1.2. Jurisdiction of specialised tribunals under the Regional People’s Court

The Law Amending CPC has introduced an entirely new framework for the jurisdiction of specialised tribunals under the Regional People’s Courts, replacing the previous model. Under the new structure, each specialised tribunal has first-instance jurisdiction over cases falling within its designated area of expertise. 

While the Civil, Economic, and Family and Juvenile Tribunals are organised as specialised tribunals across all Regional People’s Courts, the Intellectual Property Tribunal and the Bankruptcy Tribunal are established at selected Regional People’s Courts only. 

With respect to the Intellectual Property Tribunal, Resolution 81 specifies the territorial jurisdiction of Regional People’s Courts over civil, business, commercial, and administrative cases relating to intellectual property and technology transfer as follows:

(i) People’s Court of Region 2 of Hanoi shall have territorial jurisdiction over 20 provinces and cities, including: the cities of Hanoi, Hai Phong, and Hue; and the provinces of Bac Ninh, Cao Bang, Dien Bien, Ha Tinh, Hung Yen, Lai Chau, Lang Son, Lao Cai, Nghe An, Ninh Binh, Phu Tho, Quang Ninh, Quang Tri, Son La, Thai Nguyen, Thanh Hoa, and Tuyen Quang; and

(ii) People’s Court of Region 1 of Ho Chi Minh City shall have territorial jurisdiction over 14 provinces and cities, including: the cities of Can Tho, Da Nang, and Ho Chi Minh City; and the provinces of An Giang, Ca Mau, Dak Lak, Dong Nai, Dong Thap, Gia Lai, Khanh Hoa, Lam Dong, Quang Ngai, Tay Ninh, and Vinh Long.

Whereas the Bankruptcy Law 2014 vested jurisdiction over bankruptcy cases to the District Court or the Provincial People’s Court, the Law Amending CPC now provides that the Bankruptcy Tribunal of the Regional People’s Court shall have jurisdiction over bankruptcy proceedings involving enterprises and cooperatives. To clarify the territorial jurisdiction over bankruptcy proceedings, Resolution 81 specifies the Regional People’s Courts  that have been authorised to handle such matters are as follows:

(i) People’s Court of Region 2 of Hanoi shall have territorial jurisdiction over 18 provinces and cities, including: the cities of Hanoi and Hai Phong; and the provinces of Bac Ninh, Cao Bang, Dien Bien, Ha Tinh, Hung Yen, Lai Chau, Lang Son, Lao Cai, Nghe An, Ninh Binh, Phu Tho, Quang Ninh, Son La, Thai Nguyen, Thanh Hoa and Tuyen Quang;

(ii) People’s Court of Region 1 of Da Nang shall have territorial jurisdiction over 7 provinces and cities, including: the cities of Da Nang and Hue; and the provinces of Dak Lak, Gia Lai, Khanh Hoa, Quang Ngai, and Quang Tri;

(iii) People’s Court of Region 1 of Ho Chi Minh City shall have territorial jurisdiction over 9 provinces and cities, including: the cities of Can Tho and Ho Chi Minh City; and the provinces of An Giang, Ca Mau, Dong Nai, Dong Thap, Lam Dong, Tay Ninh and Vinh Long.

1.3. Jurisdictional provisions for Provincial People’s Courts

Unlike the CPC 2015 – which provided that Provincial People’s Courts had jurisdiction to hear first instance cases falling within their own jurisdiction or cases within the jurisdiction of District People’s Courts that were taken up by the Provincial court – the Law Amending CPC introduces an entirely new framework for determining the jurisdiction of the Provincial courts:

(i) Provincial People’s Courts no longer have jurisdiction to hear cases at first instance (except for first-instance jurisdiction over criminal cases as provided in the Law Amending LOC). They are now only vested with appellate jurisdiction to review judgments and decisions of Regional People’s Courts that have not yet taken legal effect and are subject to appeal or protest. 

(ii) The Law Amending CPC introduces a new provision granting Provincial People’s Courts with the authority to conduct cassation and reopening procedures for judgments and decisions rendered by Regional People’s Courts that have taken legal effect, if such judgments or decisions are protested. This is consistent with the powers and functions of the Provincial courts as defined under the Law Amending LOC.

(iii) The Law Amending CPC also expressly stipulates that the authority to annul arbitral awards and to register ad hoc arbitral awards shall fall within the jurisdiction of Provincial People’s Courts. However, not all Provincial People’s Courts are vested with this jurisdiction. Resolution 81 sets out the territorial jurisdiction of Provincial People’s Courts over applications for annulment and registration of arbitral awards as follows:

(a) The People’s Court of Hanoi City shall have territorial jurisdiction over 18 provinces and cities, including: the cities of Hanoi and Hai Phong; and the provinces of Bac Ninh, Cao Bang, Dien Bien, Ha Tinh, Hung Yen, Lai Chau, Lang Son, Lao Cai, Nghe An, Ninh Binh, Phu Tho, Quang Ninh, Son La, Thai Nguyen, Thanh Hoa, and Tuyen Quang; 

(b) The People’s Court of Da Nang City shall have territorial jurisdiction over 7 provinces and cities, including: the cities of Da Nang and Hue; and the provinces of Dak Lak, Gia Lai, Khanh Hoa, Quang Ngai, and Quang Tri; and

(c)The People’s Court of Ho Chi Minh City shall have territorial jurisdiction over 9 provinces and cities, including: the cities of Can Tho and Ho Chi Minh City; and the provinces of An Giang, Ca Mau, Dong Nai, Dong Thap, Lam Dong, Tay Ninh, and Vinh Long.

1.4. Jurisdiction of specialised tribunals under Provincial People’s Courts

Under the Law Amending CPC, the specialised tribunals of Provincial People’s Courts no longer have jurisdiction to hear civil disputes and petitions at first instance within their respective subject-matter areas. Instead, these courts shall assume appellate jurisdiction over judgments and decisions of the Regional People’s Courts which have not yet taken legal effect and are subject to appeal or protest. Specifically, the Civil Tribunal of the Provincial People’s Court shall conduct appellate review of civil judgments and decisions, while the Juvenile and Family Tribunal of the Provincial People’s Court shall handle appeals of judgments and decisions on matrimonial and family matters.

However, the structure of specialised tribunals at the Provincial level differs from that at the Regional level in three key respects:

(i) A Labour Tribunal is established as a specialised tribunal to conduct appellate review of labour judgments and decisions that have been appealed or protested; and

(ii) Appellate jurisdiction over business and commercial judgments and decisions, as well as civil judgments and decisions relating to intellectual property rights and technology transfer, shall fall under the Economic Court of the Provincial People’s Court.

(iii) Notably, the Economic Tribunals of Hanoi, Da Nang, and Ho Chi Minh City Provincial People’s Courts, as mentioned in Section 1.3 above, are also entrusted with the jurisdiction to annul arbitral awards or to register ad hoc arbitral awards.

2. Amendments to provisions on complaints, petitions, and the handling of complaints and petitions regarding the return of Statements of Claim

The Amending CPC introduces a completely new provision regarding the decision of the Chief Justice of the immediate superior court in handling complaints and petitions concerning the return of Statements of Claim. Accordingly, the decision of the Chief Justice of the immediate superior court shall be final and not subject to further review.

This adjustment is aligned with the current direction of judicial reform, in which the court system is being restructured towards greater streamlining. Limiting the number of appellate levels for complaints serves this objective by avoiding overlaps and preventing prolonged procedures.

3. Amendments to align with the new jurisdictional framework of the courts 

To ensure consistency with the provisions of the Law Amending CPC regarding the replacement of District People’s Courts with Regional People’s Courts and the abolition of the High People’s Courts, the Law Amending CPC has introduced corresponding amendments to various provisions in order to reflect the new organisational structure and jurisdictional framework of the court system. Accordingly, most of the functions and powers previously assigned to District People’s Courts have been transferred to the Regional People’s Courts, while the functions and powers of the High People’s Courts have been reassigned to the Provincial People’s Courts.

4. Amendments to the authority to propose cassation review 

Under the CPC 2015, the Chief Justice of a Provincial People’s Court may propose to the Chief Justice of the High People’s Court or the Chief Justice of the Supreme People’s Court, and the Chief Justice of the High People’s Court may propose to the Chief Justice of the Supreme People’s Court, to consider filing a cassation protest against a judgment or decision that had taken legal effect, if grounds for protest were identified. 

However, the Law Amending CPC has revised this mechanism by assigning this authority to the Chief Justice of the Regional People’s Court and the Chief Justice of the Provincial People’s Court. Specifically, the Chief Justice of the Regional People’s Court may propose to the Chief Justice of the Provincial People’s Court or the Chief Justice of the Supreme People’s Court, and the Chief Justice of the Provincial People’s Court may propose to the Chief Justice of the Supreme People’s Court to consider filing a cassation protest against a judgment or decision that has taken legal effect, if there are sufficient grounds to do so.

This provision has been introduced to ensure consistency with the new decentralisation framework under the Law Amending LOC, pursuant to which this proposing authority is assigned to the Regional and Provincial People’s Courts.

5. Amendment of procedural rules for cassation trials under the jurisdiction of the Judicial Committee of the Provincial People’s Court 

Under the CPC 2015, cassation procedures conducted by the Judicial Committee of the High People’s Court followed these rules: 

(i) Where the case was heard by a trial panel, a unanimous vote from all participating members was required for a decision to be valid;

(ii) Where the case was heard by the full Judicial Committee, at least two-thirds of the total number of members had to be present, and any decision required a majority vote of all committee members.

Following the abolition of the High People’s Courts, the jurisdiction over cassation review has been reallocated to the Judicial Committees of the Provincial People’s Courts. Under this revised structure:

(i) A cassation hearing must be attended by at least two-thirds of the total number of Judicial Committee members;

(ii) A decision must be approved by a majority of all members of the Judicial Committee.

This change effectively transfers cassation jurisdiction from the High People’s Court to the Provincial People’s Court. The core reform introduced by the Law Amending CPC lies in this transfer of cassation authority: from the Judicial Committee of the High People’s Court to that of the Provincial People’s Court. Notably, while the adjudicative body changes, the procedural requirements regarding quorum and voting majority remain unchanged, thereby ensuring the continued legal validity and procedural integrity of cassation decisions.

6. Amendment to the provisions on the jurisdiction of the Court in respect of aircraft and seagoing vessel arrests

Under the previous legal framework, the authority to issue arrest orders for aircraft and seagoing vessels was vested in the Provincial People’s Court. The Law Amending CPC reassigns this authority to the Regional People’s Court, in line with the restructured judicial system. Specifically:

(i) For aircraft: Jurisdiction lies with the Regional People’s Court located in the area where the airport or airfield, at which the aircraft subject to arrest is requested to land, is situated.

(ii) For seagoing vessels: Jurisdiction lies with the Regional People’s Court in the area where the seaport or inland waterway port in which the vessel is operating, is located. In cases where the port comprises multiple terminals that fall within the territorial jurisdiction of different Regional People’s Courts (spanning communes, wards, or special zones under Provincial authority), the relevant court shall be the court located in the area where the specific terminal in which the vessel is operating is situated.

The core reform lies in transferring the authority to arrest aircraft and seagoing vessels from the Provincial People’s Court to the Regional People’s Court, thereby harmonising judicial powers with the new court structure. This change is intended to ensure continuity, consistency, and enhanced efficiency in the administration of justice.

7. Addition of provisions on the court’s jurisdiction to consider exemption or reduction of enforcement obligations related to State budget contributions

Under the previous law, applications for exemption or reduction of State budget enforcement obligations were handled by District, Provincial, and High People’s Courts. The Law Amending CPC aligns judicial authority with the new court structure, specifically:

(i) The Regional People’s Court now handles initial applications for exemption or reduction of state budget enforcement obligations, with jurisdiction based on the location of the relevant enforcement agency, replacing the former role of District Courts;

(ii) The Provincial People’s Court continues to review exemption or reduction decisions under appellate procedures when protested by the Procuracy and now assumes cassation authority over legally effective decisions of Regional Courts within its jurisdiction, a function previously held by the High Courts;

(iii) The Supreme People’s Court now holds recently conferred authority to review, under cassation procedures, legally effective exemption or reduction decisions issued by Provincial People’s Courts when such decisions are protested.

8. Amendment and supplementation of certain terminologies

The Law Amending CPC introduces several terminological adjustments to ensure greater precision and consistency within the legal system. Specifically:

(i) The term “Judicial Committee of the National Assembly” is replaced with “Committee for Legal and Judicial Affairs of the National Assembly”;

(ii) The term “Examiner”is replaced with “Court Examiner”; 

(iii) The phrase “Commune, Ward, and Township Police” is replaced with “Police of Communes, Wards, and Special Zones under Provincial Authority”.

These amendments are intended to reflect the updated nomenclature and organisational structure of relevant bodies and official titles within the legal system.

9. Repeal of Article 34.4 of the CPC 2015

Article 34.4 of the CPC 2015 previously specified the jurisdiction of the Court in civil cases involving the review and annulment of individual administrative decisions. In particular, jurisdiction in such matters was determined in accordance with the relevant provisions of the Law on Administrative Procedures regarding the authority of the District People’s Courts and Provincial People’s Courts. However, this clause has now been repealed. Following the amendment to the Law on Administrative Procedures, the jurisdiction over the annulment of individual administrative decisions now rests with the Regional People’s Courts at first instance and Provincial People’s Courts at the appellate level. The primary rationale for its removal is that the Law Amending CPC no longer retains the judicial authority of the District People’s Courts. 

In the context of Vietnam undergoing a sweeping wave of administrative and judicial reforms, the Law Amending CPC is expected to serve as a cornerstone legal instrument, contributing to the modernisation of the civil law system in a more consistent, transparent, and coherent manner, aligned with the current structure of the People’s Court system. As the country enters a “new era of transformation” marked by bold institutional shifts and long-term growth momentum, the Law Amending CPC is also regarded as a vital legal tool to reinforce market confidence, enhance transparency in civil transactions, and lay a stable and sustainable legal foundation for a modern and globally integrated economy.

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