On 31 July 2025, the Supreme People’s Court (“SPC”) issued Official Dispatch No. 285/TANDTC-PC providing guidance to People’s Courts (“PCs”) at all levels on performing their duties and exercising their powers in accordance with amended legal instruments adapted to the country’s transitional period. To ensure uniform application of the law, the SPC provides the following guidance:

Assumption of duties and powers by the Appellate Courts of the SPC

The Appellate Courts of the SPC in each region (succeeding the functions previously exercised by the High People’s Courts) shall continue to resolve cases and matters that the High People’s Courts had accepted under appellate procedures prior to 01 July 2025 but have not yet been concluded.

Where a first-instance judgment or decision of a provincial-level PC is annulled for re-trial, the case file shall be transferred either to the same provincial-level PC that rendered the original judgment or to the provincial-level PC which has since assumed its duties. If, after re-trial, the first-instance judgment/decision is again appealed or protested, the territorially competent Appellate Court of the SPC shall hear the case. 

Where a judgment or decision of the Appellate Court of the SPC is annulled for re-trial under appellate procedures, the matter shall be resolved by the territorially competent Appellate Court of the SPC.

Succession of procedural rights and obligations

In civil and administrative cases concerning requests to annul Land Use Right Certificates issued by district-level People’s Committees (“DPCs”), or lawsuits against decisions of DPC’s Chairpersons on land dispute resolution, if such cases remain unresolved before 01 July 2025, the Chairperson of the commune-level People’s Committee shall assume the procedural rights and obligations of the former DPC or district-level Chairperson. For cases accepted after this date, the competent commune-level Chairperson shall be identified as the litigant or the defendant.

For administrative cases involving lawsuits against decisions of DPC’s Chairpersons resolving complaints:

• Where the field of management has been transferred from the DPC to the provincial-level Chairperson: If the case was accepted by the Court before 01 July 2025, the provincial-level Chairperson shall assume the procedural rights and obligations of the district-level Chairperson (as defendant). If the case is accepted at first instance from 01 July 2025 onwards, the provincial-level Chairperson shall be identified as the defendant.
• Where the field of management has been transferred from the DPC to the commune-level Chairperson: If the case was accepted by the Court before 01 July 2025, the commune-level Chairperson shall assume the procedural rights and obligations of the district-level Chairperson (as defendant). If the case is accepted at first instance from 01 July 2025 onwards, the competent commune-level Chairperson shall be identified as the defendant.

On-site inspection and appraisal

The Court shall issue a written request to the commune-level Chairperson or the Chief of the commune-level Police to designate a representative to attend, ensuring their presence when conducting on-site inspection and appraisal in accordance with law.

Establishment of Asset Valuation Councils

Regional People’s Courts: The Council shall comprise a Chairperson, being a representative of the financial authority, and members, being representatives of specialized agencies under the commune-level People’s Committee, in accordance with Decree No. 150/2025/NĐ-CP.

Provincial-level People’s Courts: The Council shall comprise a Chairperson, being a representative of the financial authority, and members, being representatives of specialized agencies under the provincial-level People’s Committee, pursuant to Decree No. 150/2025/NĐ-CP.

Credit

Special thanks to Ms. Nguyen Nhat Thanh Uyen and Ms. Tran My Anh for their expertise and dedication to this work, under the supervision of Mr.Tran Duy Canh.