0901763379


GUIDEBOOK

read more >>

LEGAL Q&A

Read more >>

GATTACA LAW FIRM

Trusted Legal Partner
Back

THE PEOPLE’S COURT SYSTEM TO BE RESTRUCTURED INTO A THREE-LEVEL MODEL AS OF JULY 1, 2025 – KEY CHANGES TO NOTE

Pursuant to the Law on Amendments and Supplements to a Number of Articles of the Law on Organization of the People’s Courts, No. 81/2025/QH15, which takes effect from July 1, 2025, the organizational structure of the People’s Court system in Vietnam will officially transition from a four-tier to a three-tier model. Specifically, the new structure will consist of the Supreme People’s Court, the People’s Courts of provinces, and the Regional People’s Courts. The removal of the district and high-level courts marks a significant step in the judicial reform roadmap, aiming to streamline the organizational structure, reduce overlapping jurisdiction, and enhance the efficiency and effectiveness of adjudication.

I. Three-level court structure: Streamlining the system for higher efficiency

Under the new model, the court system will consist of: (1) The Supreme People’s Court. (2) The People’s Courts of provinces, (3) The Regional People’s Courts. The removal of the district-level and high-level courts is intended to simplify the apparatus, avoid jurisdictional overlaps, shorten case processing time, and increase professionalism in judicial proceedings. In this structure, the Regional Courts will replace district courts; provincial courts will take over part of the jurisdiction of the former high-level courts; and new Appellate Courts under the Supreme People’s Court will be responsible for handling appeals, replacing the former high-level courts.

II. Key developments in jurisdictional assignment

1. Regional People’s Courts – Expanded first-instance jurisdiction

The jurisdiction of Regional People’s Courts is significantly expanded to include cases and matters previously handled by both district and provincial courts.

According to Article 3 of Resolution No. 81/2025/UBTVQH15, Regional People’s Courts are established by merging district courts within a designated geographical area and shall perform duties and powers under the Law on the Organization of People’s Courts and applicable procedural laws. Specifically, they have jurisdiction to adjudicate first-instance criminal, civil, and administrative cases; resolve administrative violations; and rule on issues relating to human rights and civil obligations under the law. They also inherit all rights, obligations, and responsibilities of the dissolved district-level courts within their designated administrative territories.

For instance, Regional People’s Court No. 1 – Ho Chi Minh City will assume functions previously handled by the district courts of District 1, District 3, and District 4. The court’s territorial jurisdiction includes wards such as Saigon, Tan Dinh, Ben Thanh, Cau Ong Lanh, Ban Co, Xuan Hoa, Nhieu Loc, Xom Chieu, Khanh Hoi, and Vinh Hoi.

To ensure consistency with the new organizational model, the National Assembly has enacted laws amending the Civil Procedure Code, Administrative Procedure Law, and Criminal Procedure Code. Accordingly, in the civil and administrative sectors, Regional People’s Courts are authorized to handle almost all first-instance civil and administrative cases; conduct bankruptcy proceedings for enterprises and cooperatives; and organize mediation and dialogue activities pursuant to the Law on Mediation and Dialogue at Court 2020.

In the criminal sector, the amended Criminal Procedure Code 2025 stipulates that Regional People’s Courts may adjudicate first-instance criminal cases involving less serious crimes, serious crimes, very serious crimes, and even particularly serious crimes, provided that the maximum penalty does not exceed 20 years of imprisonment. This is a significant shift from the current rule (pre–July 1, 2025), where district-level courts could only hear cases with maximum penalties up to 15 years.

2. Provincial People’s Courts – Supervisory and arbitral powers

Provincial People’s Courts retain first-instance jurisdiction over criminal cases that are beyond the jurisdiction of Regional Courts. They may also hear complex cases involving multiple agencies or levels of authority, cases receiving significant public attention, cases affecting political or diplomatic interests, or those involving senior provincial officials, religious leaders, or respected ethnic minority figures.

Provincial Courts are further empowered to review judgments and decisions of Regional Courts through cassation and retrial procedures. In addition, they may handle requests to annul or recognize the enforcement of arbitral awards, as provided by the Law on Commercial Arbitration 2010 (as amended).

3. Appellate Courts under the Supreme People’s Court – Unifying appellate procedures

Instead of having high-level courts handle appeals, the new system establishes three appellate courts under the Supreme People’s Court in Hanoi, Da Nang, and Ho Chi Minh City. These appellate courts will hear appeals from judgments issued by provincial courts. The goal is to ensure uniform application of laws and minimize inconsistencies in case law across regions.

III. Transitional phase and ongoing case management

For cases that were filed with district-level courts before July 1, 2025, but that fall outside the jurisdiction of the new Regional Courts due to administrative boundary adjustments:

- If a decision to adjudicate has been issued or pre-trial hearings (on evidence disclosure, mediation, etc.) have already been held, the case will be transferred to the Regional Court that assumed the responsibilities of the original district court.

- If no such decisions or hearings have occurred, the case will be transferred to the Regional Court with jurisdiction over the new administrative area.

- If a Regional Court erroneously receives a case outside its territorial jurisdiction, it must transfer the case to the correctly authorized Regional Court based on the new local administrative boundaries.

From July 1, 2025 onward, all appeals, retrials, and new case filings must comply with the new court structure and jurisdictional assignments.

The transition to a three-level court system represents a pivotal reform in Vietnam’s judicial structure. However, to ensure the success of this model, the legal framework must be complemented by substantial investments in human resources, infrastructure, and advanced training for judges, prosecutors, and lawyers. Stakeholders should proactively adapt to these changes to both safeguard their rights and seize the opportunities brought by a more efficient and modern judicial system.

Anh Tuan

_____________________________

GATTACA LAW FIRM | Trusted Legal Partner

M: + 84 901763379 | W: gattacalaw.vn | E: lawyer@gattacalaw.vn