Skip to main content

Amendment to The Civil Procedure Code: New regulations on the jurisdiction of the Courts in resolving civil disputes

| TNTP LAW |

Determining the competent court is the first and most important step when initiating a civil lawsuit. Currently, several important changes in the jurisdiction of the Court have been introduced under the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code, the Law on Administrative Procedure, the Juvenile Justice Law, the Law on Bankruptcy and the Law on Mediation and Dialogue at Court (“the Amended Law”), which takes effect on July 1, 2025. These amendments are significant changes, especially in terms of the dispute settlement jurisdiction of the Courts by the level. Accordingly, claimants need to understand the new provisions to safeguard their legitimate rights and interests. In this article, TNTP will present new points in the regulations on the Court’s jurisdiction to resolve civil disputes.

1.New Provisions on Court Jurisdiction by Level

  • Regarding the jurisdiction of the Regional Court: According to Article 35  of the Civil Procedure Code 2015, amended and supplemented 2025 (“the Civil Procedure Code”),  the Regional Court has the jurisdiction to adjudicate according to first-instance procedures all civil, family and marriage, business and commercial, and labor disputes specified in the Civil Procedure Code.
  • Regarding the jurisdiction of Provincial-level Courts: According to Clause 1, Article 37 of the Civil Procedure Code, Provincial-level Courts have the jurisdiction to settle appellate procedures cases involving a judgment or ruling of a Regional Court which has not yet taken legal effect but is appealed or protested against.

From Articles 35 and 37 of the Civil Procedure Code, the regulations on jurisdiction between Regional Courts and Provincial-level Courts are allocated based on case settlement procedures. Specifically,  the Regional Court will settle the first-instance case, if their judgments or decisions are appealed or protested before taking legal effect, the Provincial-level Court will accept and settle the case according to appellate procedures.

2.New regulations on the scope of the Court’s jurisdiction to settle disputes by territory

In parallel with amendments to the Civil Procedure Code concerning jurisdiction by court level, the Standing Committee of the National Assembly has passed Resolution No. 81/2025/UBTVQH15 on courts’ territorial jurisdiction, effective July 1, 2025 (“Resolution 81”), specifically: 

  • Regulations on the consolidation and establishment of Provincial-level Courts

According to Resolution 81, the organizational system of the People’s Court has 34 Provincial-level Courts established based on consolidating the previous Provincial-level Courts. Information on several Provincial-level People’s Courts from 01/7/2025:

  • Ho Chi Minh City People’s Court is established through the consolidation of the Ho Chi Minh City People’s Court, the Ba Ria–Vung Tau People’s Court, and the Binh Duong People’s Court.
  • Da Nang City People’s Court is established through the consolidation of the Da Nang City People’s Court and the Quang Nam Province People’s Court.
  • Hanoi City People’s Court remains unchanged; no reorganization is undertaken.
  • Regulations on the establishment of Regional Courts:

Resolution 81 also establishes 355 regional courts across 34 provinces and cities, with territorial boundaries aligned with commune-level administrative units, except as provided in Clauses 2 and 3, Article 4 of Resolution 81. Selected regional courts in Hanoi (effective July 1, 2025):

  • Region 1 Court: Inheriting the rights, obligations and responsibilities of Ba Dinh People’s Court, Tay Ho People’s Court, Hoan Kiem People’s Court.
  • Region 2 Court: Inheriting the rights, obligations and responsibilities of Dong Da People’s Court, Thanh Xuan People’s Court.
  • Region 3 Court : Inheriting the rights, obligations and responsibilities of Hai Ba Trung People’s Court, Hoang Mai People’s Court.
  • Region Court 4: Inheriting the rights, obligations and responsibilities of the Cau Giay People’s Court, Nam Tu Liem People’s Court, Bac Tu Liem People’s Court.
  • Region 5 Court: Inheriting the rights, obligations and responsibilities of Gia Lam People’s Court, Long Bien People’s Court.
  • Regional Court 6: Inheriting the rights, obligations and responsibilities of the People’s Court of Chuong My, the People’s Court of Ha Dong, and the People’s Court of Thanh Oai.

Although the Amended Law does not directly amend and supplement the regulations on determination of territorial jurisdiction in the Civil Procedure Code 2015, the consolidation of Provincial-level Courts and the establishment of Regional Courts also affect the specific determination of Courts with jurisdiction to settle disputes.

3.New regulations on cassation and reopening jurisdiction

Pursuant to Article 357 of the Civil Procedure Code, the jurisdiction to settle cassation and reopening is similarly regulated. Accordingly, pursuant to Article 337 of the Civil Procedure Code,  the jurisdiction of cassation is prescribed as follows:

  • Judicial Committees of Provincial-level Courts shall conduct cassation review of legally effective judgments and rulings of Regional Courts within their territorial jurisdiction that are protested against.
  • The Council of Judges of the Supreme People’s Court shall conduct cassation review of legally effective judgments and rulings of Provincial-level Courts that are protested against.

When a legally effective judgment or ruling on the same civil case which falls under the cassation review jurisdiction of both a Provincial-level Court and the Supreme People’s Court, the Supreme People’s Court has jurisdiction to review the entire case according to cassation procedures.

Thus, because the Superior Court has ended its operation, the jurisdiction of cassation and reopening has been redefined. Specifically,  the Judicial Committees of the Provincial-level Court have received the authority of the Judicial Committee of a Superior Court in the cassation and reopening of judgments and decisions of the Regional Court.

Above is the article “Amendment to The Civil Procedure Code: New regulations on the jurisdiction of the Courts in resolving civil disputes” that TNTP sends to readers. Hope the article is useful to our readers.

Best regards,

 

TNTP & ASSOCIATES INTERNATIONAL LAW FIRM

  • Office in Ho Chi Minh City:
    Room no. 1901, 19 th Floor Saigon Trade Center Tower, No. 37 Ton Duc Thang Street, Ben Nghe Ward, District 1, Ho Chi Minh City
  • Office in Hanoi City:
    No. 2, Alley 308 Tay Son str, Thinh Quang Ward, Dong Da Dist, Hanoi City
  • Email: ha.nguyen@tntplaw.com


    The copyright belongs to: TNTP & Associates International Law Firm