Law No. 81/2025/QH15 Amendments to the Law on the Organisation of People’s Courts

On 24 June 2025, the National Assembly of Vietnam officially enacted Law No. 81/2025/QH15 on amending and supplementing a number of articles of the Law on the Organisation of People’s Courts (the Law Amending LOC), which came into effect on 1 July 2025. 

Accordingly, the Law Amending LOC provides the restructuring of the People’s Courts for further streamlining and consolidating the organisational structure of the People’s Courts towards greater effectiveness and efficiency. This aligns with the ongoing task of reorganising and streamlining the political system, as well as the requirements for administrative and judicial reform in Vietnam. This Legal Update provides an overview of the key amendments under the Law Amending LOC.

1. Organisational model of the People’s Courts and competence to establish and dissolve People’s Courts

1.1. Organisational model of the People’s Courts

To align with Vietnam’s ongoing comprehensive reform of its administrative structure, particularly the reorganisation of local government into a two-tier model (provincial and communal levels) and the abolition of the district level, the Law Amending LOC introduces a three-tier People’s Court system. This new structure replaces the previous four-tier model and comprises: 

(i) the Supreme People’s Court; 

(ii) the Provincial and Municipal People’s Courts (the Provincial People’s Courts); and

(iii) the Regional People’s Courts. 

In addition to the above, there will be Specialised Courts at the International Financial Centre (the Specialised Courts). On 27 June 2025, the National Assembly officially passed Resolution No. 222/2025/QH15 on International Financial Centre (IFC Resolution), which will take effect from 1 September 2025. According to the IFC Resolution, an International Financial Centre is a designated geographic area established by the Government, focusing on a diverse ecosystem of financial and supporting services, with specific mechanisms and policies in place. The International Financial Centre will be established in Ho Chi Minh City and Da Nang, meaning that there will be Specialised Courts therein. 

In general, this restructuring aims to give effect to the Party’s policy of eliminating intermediate levels and abolishing district-level courts, thereby laying down a comprehensive legal framework for organising and operating the court system in line with the new model. The reform is designed to promote compactness, effectiveness, and efficiency in court operations, better serving the demands of judicial reform and socio-economic development in the new era.

1.2. Authority to establish and dissolve People’s Courts

The Law Amending LOC maintains the approach adopted under the LOC 2024, which delegates the Standing Committee of the National Assembly (the Standing Committee) with the responsibility to decide on the establishment and dissolution of most People’s Courts across all levels, as well as to determine their respective territorial jurisdiction. Specifically, the Standing Committee has the authority to: 

(i) for the Supreme People’s Court, approve proposals for the establishment, reorganisation or dissolution of certain internal agencies and units (i.e., the Appellate Courts of the Supreme People’s Court, departments and equivalents and press agency), at the proposal of the Chief Justice of the Supreme People’s Court (the SPC Chief Justice);

(ii) for the Provincial People’s Courts, decide on their establishment and dissolution as well as determine territorial jurisdiction for certain Provincial People’s Courts to handle requests for annulling arbitral awards and registering ad hoc arbitral awards, at the proposal of the SPC Chief Justice;

(iii) for the Regional People’s Courts, decide on their establishment and dissolution as well as determine their general territorial jurisdiction, at the proposal of the SPC Chief Justice;

(iv) for the military zone and equivalent, and regional military courts, decide on their establishment and dissolution as well as determine their territorial jurisdiction, at the proposal of the SPC Chief Justice following agreement with the Minister of National Defence; and

(v) for the Specialised Courts, decide on their establishment and dissolution as well as determine their territorial jurisdiction, at the proposal of the SPC Chief Justice.

In light of the above, on 27 June 2025, the Standing Committee issued Resolution No. 81/2025/UBTVQH15, effective from 1 July 2025 (Resolution 81), on the establishment of the Provincial People’s Courts and the Regional People’s Courts, as well as the determination of their territorial jurisdiction. Please refer to sections 2.2 and 2.3 of this Legal Update for further information.

2. Duties, powers and organisational structure of the People’s Courts

The Law Amending LOC introduces additional provisions on the functions, powers and organisational structure of the People’s Courts, reflecting the new three-tier judicial model.

2.1. Supreme People’s Court

(i) Reinstatement of appellate jurisdiction of the Supreme People’s Court

With the abolishment of the High People’s Courts, the Law Amending LOC reintroduces the Appellate Courts of the Supreme People’s Court (SPC Appellate Courts) as a part of the organisational structure of the Supreme People’s Court, which has appellate jurisdiction over criminal cases where the first-instance judgments or decisions of the Provincial People’s Courts have not yet taken legal effect and have been appealed or protested. 

This change clarifies the duties and powers of the SPC Appellate Courts. It reflects the reinstatement of an institutional structure previously established under the Law on the Organisation of People’s Courts 2002. 

Specifically, the SPC Appellate Courts shall have the following powers and responsibilities:

(a) To adjudicate appeals in criminal cases where first-instance judgments or decisions of the Provincial People’s Courts have not yet taken legal effect and have been appealed or protested in accordance with the law;

(b) To propose to the SPC Chief Justice to consider protesting, under cassation or reopening procedures, legally effective judgments or decisions of the SPC Appellate Courts or Provincial People’s Courts in accordance with the law;

(c) To review judicial practice and propose case law;

(d) To perform the following duties and powers: 

• To resolve and adjudicate administrative violations in accordance with the law; 
• To decide on matters related to human rights, and the rights and obligations of agencies, organisations, and individuals in accordance with the law;
• To detect and make recommendations on the constitutionality and legality of legal normative documents during the adjudication and resolution of cases or matters in accordance with the law; and
• To provide legal interpretations for the application of the law in the adjudication and resolution of cases or matters;

(e) To perform other duties and powers as provided by law.

(ii) Changes to number of members of the Council of Justices of the Supreme People’s Court 

The Law Amending LOC expands the Council of Justices of the Supreme People’s Court, increasing its membership from 13-17 to 23-27 of Judges. The composition of the Council of Justices remains unchanged.

(iii) Additional duties and powers of Judges working at the Supreme People’s Court

Pursuant to the Law Amending LOC, the duties and powers of Judges working at the Supreme People’s Court are supplemented as follows, in addition to their existing responsibilities:

(a) To adjudicate and resolve cases and matters at the SPC Appellate Courts; and to adjudicate and resolve cases and matters at other courts as prescribed by the SPC Chief Justice; and

(b) To respond to petitions, written requests and proposals for cassation or reopening procedures as prescribed by the SPC Chief Justice.

(iv) Changes to standards and conditions for appointing Judges of the Supreme People’s Court

Beyond the existing standards for appointing Judges of the Supreme People’s Court under the LOC 2024, the Law Amending LOC introduces additional specific conditions for exceptional candidates. 

Accordingly, these candidates must:

(a) have a minimum of five (5) years of experience as a Judge of the People’s Court; or 

(b) currently serve as a Judge of the People’s Court; or

(c) have a minimum of five (5) years of experience as a Department Director of the Supreme People’s Court, 

provided that the number of Judges appointed under these special cases does not exceed 10% of the number of Judges of the Supreme People’s Court and requires prior approval from the relevant authority.

In addition, the maximum number of Judges of the Supreme People’s Court appointed from outside the court system has increased from two (2) to three (3) judges.

With the abolition of the High People’s Courts, their entire caseload will transfer to the Supreme People’s Court, significantly increasing pressure on the institution of the Supreme People’s Court. Therefore, the increase in the number of Justices of the Supreme People’s Court is a critical condition to ensure the Court’s capacity to meet its workload in both quality and timeliness.^[1]

2.2. Provincial People’s Courts

(i) Establishment of new Provincial People’s Courts

Under Resolution 81, the court system will now comprise thirty-four (34) Provincial People’s Courts. This includes eleven (11) existing courts and twenty-three (23) newly established courts following mergers, aligning with the rearrangement of administrative divisions at the provincial level.

(ii) Changes to duties and powers of the Provincial People’s Court

(a) First-instance adjudication 

Under the Law Amending LOC, the Provincial People’s Court shall only have the duty to adjudicate criminal cases at first instance. This marks a significant difference from the LOC 2024, which granted them authority to handle a wide range of case types and matters at the first-instance level. Jurisdiction over other case types will be transferred to the respective specialised tribunals of the Provincial People’s Court.

(b) Enhanced powers for cassation and reopening procedures

The Law Amending LOC introduces a completely new provision, under which the Provincial People’s Court and its Judicial Committee shall have the authority to conduct cassation and reopening procedures for legally effective judgments and decisions of the Regional People’s Courts that have been protested in accordance with the law.

The Law Amending LOC also broadens the Provincial People’s Court’s authority to propose the SPC Chief Justice to review and protest, through cassation or reopening, the legally effective judgments and decisions of the SPC Appellate Courts, in addition to its own judgments and decisions.

(iii) Territorial jurisdiction of the Provincial People’s Courts for arbitral award matters

Under Resolution 81, specific Provincial People’s Courts are designated with the territorial jurisdiction to handle requests for annulling arbitral awards and registering ad hoc arbitral awards. These include:

(a) Hanoi City People’s Court;^[2]

(b) Da Nang City People’s Court;^[3] and

(c) Ho Chi Minh City People’s Court.^[4]

(iv) Additional duties and powers of the Chief Justice of the Provincial People’s Court (the PPC Chief Justice)

In addition to the duties and powers already stipulated in the LOC 2024, the Law Amending LOC assigns two (2) new responsibilities to the PPC Chief Justice as follows:

(a) To protest, under cassation or reopening procedures, legally effective judgments and decisions of the Regional People’s Courts; and

(b) To respond to questions and recommendations raised by deputies of the Provincial People’s Council.

2.3. Regional People’s Court

Under the Law Amending LOC, the Regional People’s Courts will replace the current courts at district, town, provincial city and centrally-governed city levels. Correspondingly, their duties, powers and organisational structure have been adjusted as follows:

(i) Supplement to proposing authority for cassation and reopening

The Law Amending LOC introduces a new provision allowing the Regional People’s Courts to propose that the SPC Chief Justice or the PPC Chief Justice consider initiating cassation or reopening procedures with respect to legally effective judgments or decisions issued by either the Regional People’s Courts or the Provincial People’s Courts, in accordance with the law.

(ii) Establishment of new specialised tribunals of the Regional People’s Courts

In addition to the specialised tribunals already prescribed in the LOC 2024 (i.e., Criminal, Civil, Family and Juvenile, and Administrative Courts), the Law Amending LOC introduces three (3) new specialised tribunals of the Regional People’s Courts, being the Economic Courts, Bankruptcy Courts and Intellectual Property Courts. While Economic Courts may be established in most regions subject to the actual litigation demands of each Regional People’s Court, Bankruptcy Courts and Intellectual Property Courts will only be established in certain Regional People’s Courts. Please refer to our discussion below for further information.

Under Resolution 81, there are 355 Regional People’s Courts within the court system, whose territorial jurisdiction is defined to correspond with the administrative boundaries of communal-level units, as detailed in the Appendix of Resolution 81.

Apart from the above, specific territorial jurisdiction of courts handling bankruptcy cases and cases of intellectual property and technology transfer is prescribed as follows:

(a) Courts handling bankruptcy cases:

• People’s Court of Region 2 of Hanoi;^[5]
• People’s Court of Region 1 of Da Nang;^[6] and
• People’s Court of Region 1 of Ho Chi Minh City.^[7]

(b) Courts handling cases of intellectual property and technology transfer:

• People’s Court of Region 2 of Hanoi;^[8] and
• People’s Court of Region 1 of Ho Chi Minh City.^[9]

2.4. Specialised Courts

The Law Amending LOC provides that the duties, powers and procedures for dispute resolution; the language and script used in proceedings; applicable law at the Specialised Courts; the judges handling disputes and other matters related to the organisation and operation of the Specialised Courts shall be regulated by the National Assembly.

Up to date, certain aspects above have been introduced in the IFC Resolution, including:

(i) The dispute resolution forum at the International Financial Centre will be the Specialised Courts and the International Arbitration Centre of the International Financial Centre. It should be noted that the International Arbitration Centre’s jurisdiction is limited to disputes by agreement of the parties, excluding those involving the exercise of State power.

(ii) With respect to applicable law:

• In the case of any discrepancy between the IFC Resolution and other laws or resolutions of the National Assembly, the provisions of the IFC Resolution shall prevail;
• If laws or other resolutions of the National Assembly enacted after the effective date of the IFC Resolution provides more favourable policies for members of the International Arbitration Centre, those provisions shall prevail;
• In the case of any discrepancy between the IFC Resolution and an international treaty to which Vietnam is a signatory, the international treaty shall prevail.

(iii) Dispute resolution procedures may be conducted in English or in English accompanied by a Vietnamese translation.

Other provisions, such as duties, powers and procedures for dispute resolution, as well as the judges handling disputes and other related matters, are expected to be further regulated by the National Assembly.

3. Adjustment of court jurisdiction across the relevant laws 

The Law Amending LOC introduces a comprehensive reform of the jurisdictional framework of the People’s Court system, with a particular emphasis on clarifying the division of responsibilities between the Regional People’s Courts and the Provincial People’s Courts, as well as the new three-tier court model, across a total of thirteen (13) specialised laws. These amendments aim not only to align with the restructured judicial system but also to optimise the efficiency of legal proceedings.

The Law Amending LOC amends certain provisions under the relevant specialised laws as follows:

(i) Law on Commercial Arbitration 

The Law Amending LOC provides the jurisdiction of the Regional People’s Courts over cases related to arbitration, replacing the previous provision that the Provincial People’s Courts were the sole relevant authority.

Accordingly, the Law Amending LOC stipulates that most arbitration-related cases will fall under the jurisdiction of the Regional People’s Courts, while the Provincial People’s Courts will only handle cases related to requests for annulling arbitral awards and registering ad hoc arbitral awards, as mentioned in sections 1.2 and 2.2 of this Legal Update.

(ii) Law on Civil Aviation

The Law Amending LOC assigns the Regional People’s Courts the authority to decide on the arrest of aircraft in cases stipulated under Article 44.2 of the Law on Civil Aviation, replacing the Provincial People’s Courts.

(iii) Law on Protection of State Secrets

The Law Amending LOC stipulates the amendment of related provisions in the Law on the Protection of State Secrets to reflect the removal of the High People’s Courts.

(iv) Law on State Compensation Liability

The Law Amending LOC provides for the replacement of the High People’s Courts with the Provincial People’s Courts as the direct authority for resolving compensation in these specific overturned cassation and reopening cases.

In addition, the Law Amending LOC also amends Article 53.1 of the Law on State Compensation Liability by replacing “district-level courts” with “the Regional People’s Courts” to reflect the abolition of district-level courts.

(v) Vietnam Maritime Code

The Law Amending LOC reassigns the authority to arrest seagoing vessels from the Provincial People’s Courts to the Regional People’s Courts. In addition, the dispute resolution mechanism for jurisdictional conflicts over ship arrests is more clearly decentralised, with the new role of the Provincial People’s Court Chief Judge in resolving disputes between Regional People’s Courts within the same locality.

(vi) Law on Complaints

The Law Amending LOC refines the Law on Complaints by specifically designating the Provincial People’s Courts as the responsible local entities. These amendments align with ongoing judicial reforms and the restructuring of court levels, ultimately enhancing transparency and clarity in the assignment of duties and accountability for local state agencies.

(vii) Law on the Enforcement of Civil Judgments

The Law Amending LOC stipulates the amendment of related provisions in the Law on the Enforcement of Civil Judgments to reflect the abolition of district-level courts, involving transferring core responsibilities from district-level civil judgment enforcement agencies to their provincial counterparts to align with the new three-tiered court model.

(viii) Law on Mutual Legal Assistance

The Law Amending LOC significantly restructures responsibilities under the Law on Mutual Legal Assistance by delegating certain tasks to the newly established Regional People’s Courts while clearly defining the supervisory role of the Provincial People's Courts.

(ix) Law on Denunciations, Law on Children, Law on Anti-Corruption, Law on Drug Prevention and Control and Law on Marriage and Family

The Law Amending LOC stipulates the amendment of related provisions under these laws to reflect the abolition of district-level courts.

4. Revisions to technical provisions

In addition to substantive changes concerning jurisdiction and procedure, the Law Amending LOC also focuses on standardising and simplifying legal language through technical revisions. This is a necessary step to enhance the clarity and accessibility of legal texts, while also ensuring consistency in the terminology used for different levels of the People’s Court system.

The primary technical changes involve amending relevant legal terms and removing regulations tied to the old court structure to reflect the new three-tiered court model, which helps to standardise legal documents and facilitate their practical application.

The Law Amending LOC has restructured the People's Court system in line with administrative reorganisation and institutional modernisation. This is a key part of Vietnam's judicial reform agenda, which aims to create a professional, modern, and equitable judiciary. The reforms are expected to strengthen the courts' role in exercising judicial power.

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^[1] According to statistics, over the three-year average from 2022 to 2024, the Supreme People’s Court handled approximately 2,800 out of 3,400 petitions per year for cassation and reopening falling within its jurisdiction and adjudicated around 200 cases per year under cassation and reopening procedures. The three High People’s Courts, in turn, handled 6,500 out of 7,900 such petitions, and adjudicated approximately 800 cases per year under these procedures.

Accordingly, upon assuming part of the cassation and reopening functions currently performed by the High People’s Courts, it is projected that the Supreme People’s Court will be required to process approximately 11,000 petitions for cassation and reopening per year and adjudicate around 1,000 cases annually under cassation and reopening procedures.

^[2] The territorial jurisdiction of Hanoi City People’s Court covers eighteen (18) provinces and cities, including Hanoi City, Hai Phong City, 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 provinces.

^[3] The territorial jurisdiction of Da Nang City People’s Court covers seven (7) provinces and cities, including Da Nang City, Hue City, Dak Lak, Gia Lai, Khanh Hoa, Quang Ngai and Quang Tri provinces.

^[4] The territorial jurisdiction of Ho Chi Minh City People’s Court covers nine (9) provinces and cities, including Can Tho City, Ho Chi Minh City, An Giang, Ca Mau, Dong Nai, Dong Thap, Lam Dong, Tay Ninh and Vinh Long provinces.

^[5] The territorial jurisdiction of the People’s Court of Region 2 – Hanoi covers eighteen (18) provinces and cities, including Hanoi City, Hai Phong City, 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 provinces.

^[6] The territorial jurisdiction of the People’s Court of Region 1 – Da Nang covers seven (7) provinces and cities, including Da Nang City, Hue City, Dak Lak, Gia Lai, Khanh Hoa, Quang Ngai and Quang Tri provinces.

^[7] The territorial jurisdiction of the People’s Court of Region 1 – Ho Chi Minh City covers nine (9) provinces and cities, including Can Tho City, Ho Chi Minh City, An Giang, Ca Mau, Dong Nai, Dong Thap, Lam Dong, Tay Ninh and Vinh Long provinces.

^[8] The territorial jurisdiction of the People’s Court of Region 2 – Hanoi covers twenty (20) provinces and cities, including Hanoi City, Hai Phong City, Hue City, 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 provinces.

^[9] The territorial jurisdiction of the People’s Court of Region 1 – Ho Chi Minh City covers fourteen (14) provinces and cities, including Can Tho City, Da Nang City, Ho Chi Minh City, An Giang, Ca Mau, Dak Lak, Dong Nai, Dong Thap, Gia Lai, Khanh Hoa, Lam Dong, Quang Ngai, Tay Ninh and Vinh Long provinces.

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