Thẩm quyền của Tòa án từ ngày 1/7/2025: Những thay đổi bạn cần biết trước khi khởi kiện (Luật sư Lê Bình Phương phân tích)Court Jurisdiction from 1 July 2025: Key Changes to Know Before Filing (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

You have a dispute and want to file a lawsuit. The first question is always: where do I file? Before 1 July 2025, the usual answer was the district-level People’s Court where the defendant resides. From that date, district-level People’s Courts no longer exist.

This is the most significant change to the organisation of Vietnam’s court system in decades. It was implemented under the Law Amending the Law on Organisation of the People’s Courts No. 34/2024/QH15 and took effect on 1 July 2025 pursuant to the Consolidated Civil Procedure Code 2025 (No. 92/2015/QH13 consolidated). Filing at the wrong court means your case will be transferred or returned — wasting time and losing opportunities. Understanding jurisdiction correctly from the outset is the most important step before signing a statement of claim.

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Relevant Legal Provisions

New court system structure from 1 July 2025

From 1 July 2025, the People’s Court system comprises four levels:

1. Regional People’s Court — first-instance adjudication (equivalent to the former district-level court)

2. Provincial-level People’s Court — appellate adjudication and certain special first-instance matters

3. Appellate Court of the Supreme People’s Court (new body, replacing the former High Court) — appeals against provincial-level court judgments

4. Supreme People’s Court — cassation and retrial

Jurisdiction of regional People’s Courts — Article 35 of the Consolidated Civil Procedure Code 2025

Article 35 provides: “Regional People’s Courts have jurisdiction to resolve under first-instance procedure the disputes listed in Articles 26, 28, 30 and 32 of this Code; and to resolve the applications listed in Articles 27, 29, 31 and 33 of this Code, except applications to set aside or register arbitral awards which fall within the jurisdiction of certain provincial-level People’s Courts…”

In concrete terms, regional People’s Courts adjudicate at first instance all ordinary civil disputes and applications:

Civil disputes (Article 26): contracts, inheritance, compensation for damage, land, intellectual property…

Marriage and family disputes (Article 28): divorce, division of assets, child custody, child support…

Commercial business disputes (Article 30): commercial contracts, company disputes, shareholder disputes…

Labour disputes (Article 32): dismissal, compensation for termination of employment contracts…

Corresponding applications (Articles 27, 29, 31, 33): uncontested divorce, recognition of successful mediation, arrest of vessels…

Specialised divisions within regional People’s Courts — Article 36

Article 36 specifies the specialised divisions: “The Civil Division of a regional People’s Court has jurisdiction to resolve at first instance civil and labour matters… The Commercial Division… commercial and business matters… The Intellectual Property Division… intellectual property rights and technology transfer matters. The Family and Juvenile Division… marriage and family matters.”

Where a regional People’s Court has not yet established all specialised divisions, the Chief Justice organises adjudication and assigns judges to resolve cases directly.

Jurisdiction of provincial-level People’s Courts — Article 37

Article 37 provides: “Provincial-level People’s Courts have jurisdiction to resolve under appellate procedure cases in which judgments and decisions of regional People’s Courts that have not yet taken legal effect are appealed or protested; and to conduct cassation and retrial of judgments and decisions of regional People’s Courts that have taken legal effect but are protested under this Code.”

In addition: “Provincial-level People’s Courts have jurisdiction to resolve applications to set aside or register arbitral awards” — but only the Commercial Division of the People’s Courts of Hanoi, Da Nang, and Ho Chi Minh City, as determined by territorial scope under Resolution 81/2025/UBTVQH15.

Territorial jurisdiction — Article 39

The general principle remains unchanged: the court where the defendant resides, works, or is registered has jurisdiction over civil, marriage and family, commercial, and labour disputes. For real property disputes: “Where the subject-matter of the dispute is real property, only the court where the real property is located has jurisdiction.”

Transitional arrangements — Resolution 01/2025/NQ-HĐTP

The Judicial Council of the Supreme People’s Court issued Resolution No. 01/2025/NQ-HĐTP dated 27 June 2025, setting out clearly the transfer of functions from 1 July 2025:

Article 5 of Resolution 01/2025 provides that regional People’s Courts assume all cases that “district-level People’s Courts had accepted but not yet resolved”, and also accept new first-instance civil, administrative, and criminal cases (under Article 268(1) of the Criminal Procedure Code) from 1 July 2025.

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Analysis and Application

The fundamental change: from district-level to regional People’s Courts

The biggest change is not merely a rename. Previously, certain “complex” disputes — involving parties or assets abroad, or requiring foreign judicial assistance — fell within the first-instance jurisdiction of provincial-level People’s Courts. From 1 July 2025, under the Consolidated Civil Procedure Code 2025, regional People’s Courts have first-instance jurisdiction over all categories of dispute within the scope of Articles 26, 28, 30, and 32 — regardless of whether there is a foreign element, and without the former “provincial exception.”

Article 37 of the new Code now provides only that provincial-level People’s Courts have appellate jurisdiction (retrying cases on appeal or protest) and cassation/retrial jurisdiction over regional People’s Court judgments. There is no longer ordinary civil first-instance jurisdiction at the provincial level — except for specially serious criminal cases under Article 268(2) of the Criminal Procedure Code.

Important exception: arbitral awards

If you wish to apply to set aside or register an arbitral award, do NOT file at a regional People’s Court. Under Article 37(2) of the Civil Procedure Code, this falls within the jurisdiction of the Commercial Division of the provincial-level People’s Court — specifically the People’s Courts of the major cities (Hanoi, Da Nang, Ho Chi Minh City) according to the territorial scope set out in Resolution 81/2025/UBTVQH15.

Resolving jurisdictional disputes between courts — Article 41

Where a jurisdictional dispute arises: between regional People’s Courts within the same province, the Chief Justice of the provincial-level People’s Court resolves it. Between regional People’s Courts in different provinces, or between provincial-level People’s Courts, the Chief Justice of the Supreme People’s Court resolves it.

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Practical Examples

Scenario 1 — Commercial contract dispute: Mr A (Ho Chi Minh City) sues Company B (Hanoi) over a goods sale contract. Under Article 39(1)(a) of the Civil Procedure Code, the claim is filed at the regional People’s Court where Company B has its registered office (Hanoi). Before 1 July 2025, a complex contract might have had to go to the provincial-level court — that is no longer required.

Scenario 2 — Divorce: Spouses C and D living in Nhà Bè commune, Ho Chi Minh City want to file for divorce. The claim is filed at the regional People’s Court whose territorial jurisdiction covers Nhà Bè commune (the place where the defendant resides).

Scenario 3 — Land dispute in Bình Dương: The disputed land is in Dĩ An ward. Regardless of where the parties reside, the claim is filed at the regional People’s Court whose territorial jurisdiction covers Dĩ An ward. Reason: for real property disputes, only the court where the real property is located has jurisdiction (Article 39(1)(c) of the Civil Procedure Code).

Scenario 4 — Setting aside a VIAC arbitral award: A party seeks to set aside an arbitral award issued by VIAC (in Hanoi). Do NOT file at a regional People’s Court — file with the Commercial Division of the Hanoi People’s Court under Article 37(2) of the Civil Procedure Code.

Scenario 5 — Case still being heard at a district-level court before 1 July 2025: Under Article 5 of Resolution 01/2025/NQ-HĐTP and Article 7 of the same Resolution, the regional People’s Court assumes the case and continues from the stage already reached without restarting procedural steps — the “procedural succession” rule, which avoids wasting the parties’ effort.

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Important Notes

First. District-level People’s Courts no longer exist. If you look up the address of a district or commune People’s Court to file a claim, that address has been converted into a regional People’s Court. The name on the signboard and seal will differ, but the physical location generally does not change in the early transition period.

Second. The court name on the statement of claim must be correct. Under Article 7 of Resolution 01/2025/NQ-HĐTP: “Continue to use existing procedural forms… Where the name of the court, agency, or organisation has changed following the reorganisation of state apparatus, the new name must be substituted when using the forms.” A statement of claim listing the wrong court name (still writing “District X People’s Court” instead of “Regional People’s Court…”) will not technically be returned immediately, but it is best to use the correct name from the outset.

Third. The territorial jurisdiction of each regional People’s Court is determined by Resolution 81/2025/UBTVQH15. Each regional People’s Court covers a defined territory, which does not necessarily correspond to the old district boundaries. Before filing, verify which regional People’s Court covers the area relevant to your case.

Fourth. Commune-level People’s Committees have replaced district-level authorities as respondents. Under Official Letter 285/TANDTC-PC and the guidance in Resolution 01/2025: from 1 July 2025, the authority of district-level People’s Committees in many fields has been transferred to commune-level People’s Committees or provincial-level People’s Committees. If your case involves a land-use rights certificate issued by the district-level People’s Committee, the respondent from 1 July 2025 is the Chairman of the commune-level People’s Committee that has assumed jurisdiction — not the district-level People’s Committee.

Fifth. Serious criminal cases are still heard at first instance by provincial-level People’s Courts. Under Article 268(2) of the amended Criminal Procedure Code, offences classified as especially serious (carrying life imprisonment, the death penalty, or certain special offences) remain under the first-instance jurisdiction of provincial-level People’s Courts. Regional People’s Courts hear all remaining criminal cases at first instance under Article 268(1).

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Related Articles

• Land disputes: when is mediation required and when can you go straight to court?
• When to litigate and when to negotiate to resolve a dispute
• How to handle land disputes without a land-use rights certificate under the Land Law 2024
• Land disputes: common types and resolution process

Conclusion

From 1 July 2025, when you have a dispute and want to file a claim, the answer to “where do I file?” is: the regional People’s Court — not the district-level People’s Court (which has been abolished), and not the provincial-level People’s Court (which only handles appeals and special cases). The territorial jurisdiction rules remain the same — the defendant’s place of residence or registered office, or the location of real property for land disputes — but the body that accepts the filing is the regional People’s Court under Articles 35 and 39 of the Consolidated Civil Procedure Code 2025.

Two important exceptions to remember: applications to set aside arbitral awards go to the provincial-level People’s Court (major city), and especially serious criminal offences are tried at first instance by the provincial-level People’s Court. For all remaining civil, marriage and family, commercial business, and labour disputes, the first-instance court is the regional People’s Court, and no other.

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Legal basis: Articles 35, 36, 37, 38, 39, 40, 41 of the Consolidated Civil Procedure Code 2025 (No. 92/2015/QH13); Articles 2, 3, 4, 5 of Resolution No. 01/2025/NQ-HĐTP dated 27 June 2025 of the Judicial Council of the Supreme People’s Court; Official Letter No. 285/TANDTC-PC on jurisdiction under Law on Organisation of People’s Courts No. 34/2024.