Headlines 17/01/2026 09:47 SA

Vietnam’s guidelines for determining jurisdiction of regional People’s Courts based on plaintiff's choice

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On September 30, 2025, the Council of Judges of the Supreme People’s Court of Vietnam promulgated Resolution No. 05/2025/NQ-HDTP providing guidelines for applying the regulations on jurisdiction of courts under Articles 30 and 31 of the Law on Administrative Procedures.

According to the Resolution, the determination of court jurisdiction based on the plaintiff’s choice of “place of residence, workplace, or head office” as prescribed in Point a Clause 2 Article 31 of the Law on Administrative Procedures is as follows:

- Where the plaintiff is an individual who has different places of residence and workplaces or has multiple places of residence or workplaces falling under the territorial jurisdiction of various regional People’s Courts, the competent court shall be one of such regional People’s Courts chosen by the plaintiff.

- Where the plaintiff is an agency or organization having head offices in multiple locations falling under the territorial jurisdiction of various regional People’s Courts, the competent court shall be one of such regional People’s Courts chosen by the plaintiff.

Furthermore, in cases where the plaintiff is entitled to choose among several regional People’s Courts having jurisdiction under Article 31 of the Law on Administrative Procedures, Article 4 of Resolution No. 81/2025/UBTVQH15 on the establishment of provincial People’s Courts and regional People’s Courts, providing for territorial jurisdiction of provincial People’s Courts and regional People’s Courts, and the guidelines under Resolution No. 05, the court receiving the lawsuit petition shall notify the plaintiff that they must select one regional People’s Court among those having jurisdiction to resolve the administrative case, and the plaintiff must commit in the lawsuit petition not to initiate proceedings at any other courts.

Where the plaintiff files the lawsuit petition with multiple regional People’s Courts having jurisdiction, the court that first accepts the case by chronological order shall have jurisdiction to resolve it.

See more details in Vietnam’s Resolution No. 05/2025/NQ-HDTP effective as of November 15, 2025.  

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

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