THẨM QUYỀN CỦA TOÀ ÁN TRONG GIẢI QUYẾT CÁC VỤ VIỆC PHÁ SẢN, SỞ HỮU TRÍ TUỆ VÀ CHUYỂN GIAO CÔNG NGHỆ

Pursuant to Article 4 of the 2024 Law on the Organization of People’s Courts and the 2025 Law Amending and Supplementing Certain Provisions of the Law on the Organization of People’s Courts, the organizational structure of the People’s Courts is classified as follows: (1) the Supreme People’s Court; (2) provincial-level People’s Courts, including courts of provinces and centrally run cities (collectively referred to as provincial-level People’s Courts); (3) regional People’s Courts; (4) specialized courts located within the International Financial Centre (collectively referred to as specialized courts); and (5) the Central Military Court, military courts of military zones and equivalent levels, and regional military courts (collectively referred to as military courts). Accordingly, from 01 July 2025, district-level People’s Courts will no longer exist in the Vietnamese court system.

A specialized court is an independent, standalone judicial body established to adjudicate a particular type of case or a defined group of cases, typically those that are complex or highly technical in nature. Unlike ordinary courts, which hear all types of disputes, specialized courts focus on a specific area of law. In terms of expertise, judges and court officers working in specialized courts possess advanced knowledge and substantial practical experience in the specific field under the court’s jurisdiction.

A specialized division within the court system refers to a court unit organized and assigned exclusive authority to hear cases falling under particular branches of law within the broader judiciary. Examples include divisions specialized in civil matters, criminal matters, or administrative matters.

Specialized courts and specialized divisions share broadly similar functions and objectives, as both models aim to enhance the level of judicial specialization. However, the scope, scale, and depth of expertise required of specialized courts are generally more extensive. While specialized divisions operate within the existing organizational structure of the judiciary and focus on adjudicating cases in a particular legal domain, specialized courts must meet higher institutional requirements. They function as separate judicial bodies with their own organizational framework, supported by judges and staff who receive tailored, in-depth training or possess substantial practical experience in the relevant field of law.

In Vietnam, the model of a specialized court within an international financial centre is established as a new legal institution designed to resolve specific types of disputes. When necessary, the Standing Committee of the National Assembly may decide to establish additional specialized divisions upon the recommendation of the Chief Justice of the Supreme People’s Court. The mandate, powers, procedural rules, qualifications of judges handling disputes, and other related matters will be further detailed by the National Assembly.

With respect to specialized divisions, their structure is explicitly provided for within the organizational framework of the Regional People’s Courts. Under Resolution No. 81/2025/UBTVQH15 dated 27 June 2025, a total of 355 Regional People’s Courts have been established across 34 provinces and municipalities. These Regional People’s Courts perform their functions and powers in accordance with the Law on the Organization of the People’s Courts, procedural laws, and other relevant legal provisions. They also inherit the rights, obligations, and responsibilities of the former district-level People’s Courts as prescribed by law. The territorial jurisdiction of the 355 Regional People’s Courts corresponds to the administrative boundaries of the communes within their respective regions. Their organizational structure consists of the Criminal Court, Civil Court, Economic Court, Administrative Court, Family and Juvenile Court, and at certain Regional People’s Courts, the Bankruptcy Court and the Intellectual Property Court. Consequently, jurisdiction over bankruptcy and intellectual property cases will undergo significant changes: instead of being handled by all Regional Courts, such cases will be adjudicated by specialized divisions concentrated in selected Regional People’s Courts.

Jurisdiction over bankruptcy cases:

Previously, Article 8 of the 2014 Law on Bankruptcy provided that provincial-level People’s Courts had jurisdiction over bankruptcy proceedings involving enterprises registered for business or enterprise registration, and cooperatives registered for business or cooperative registration in that province, falling into one of the following cases:

“a) There are overseas assets or involving entities.

b) The insolvent entity has branches and/or representative offices located in district and/or cities of various provinces;

c) The insolvent entity has real estate in district and/or cities of various provinces;

d) The provincial People’s Court takes the bankruptcy cases under the management of the People’s Court of a district/city of the province due to their complicacy.”

Article 8 of the Law on Bankruptcy, as referenced above, has been amended by Article 4 of the Law Amending the Civil Procedure Code, the Law on Administrative Procedure, the Law on Juvenile Justice, the Law on Bankruptcy, and the Law on Mediation and Dialogue at Courts (2025). Accordingly, from 1 July 2025, the Bankruptcy Court under the Regional People’s Court shall have jurisdiction over bankruptcy proceedings involving enterprises and cooperatives whose principal place of business lies within the territorial jurisdiction of that Regional People’s Court.

Thus, jurisdiction over bankruptcy matters will be transferred to the Regional People’s Courts. Pursuant to Clause 2 Article 4 of Resolution No. 81/2025/UBTVQH15 dated 27 June 2025, the territorial jurisdiction of the Regional People’s Courts over bankruptcy cases is specified as follows:

(i) Regional People’s Court No. 2 - Hanoi has territorial jurisdiction over 18 provinces and municipalities, including: Hanoi, Hai Phong; and the provinces of Bac Ninh, Cao Bang, Dien Bien, Ha Tinh, Hung Yen, Lai Chau, Lang Son, Lao Cai, Nghe An, Ninh Binh, Phu Tho, Quang Ninh, Son La, Thai Nguyen, Thanh Hoa, and Tuyen Quang.

(ii) Regional People’s Court No. 1 - Da Nang has territorial jurisdiction over 7 provinces and municipalities, including: Da Nang, Hue; and the provinces of Dak Lak, Gia Lai, Khanh Hoa, Quang Ngai, and Quang Tri.

(iii) Regional People’s Court No. 1 - Ho Chi Minh City has territorial jurisdiction over 9 provinces and municipalities, including: Can Tho, Ho Chi Minh City; and the provinces of An Giang, Ca Mau, Dong Nai, Dong Thap, Lam Dong, Tay Ninh, and Vinh Long.

During the transitional phase implementing the new court model, Resolution No. 01/2025/NQ-HĐTP dated 27 June 2025 provides guidance on the assumption of duties and the exercise of jurisdiction by the Regional People’s Courts. With respect to bankruptcy cases, the Regional People’s Court with territorial jurisdiction shall take over the handling of bankruptcy matters previously accepted but not yet resolved by district-level People’s Courts, and shall also adjudicate bankruptcy cases and other matters falling under its jurisdiction where provincial-level People’s Courts received petitions prior to 1 July 2025 but had not yet accepted them.

Jurisdiction over intellectual property and technology transfer matters

At present, disputes concerning intellectual property (IP) and technology transfer are not yet common in judicial practice in Vietnam. However, in the context of deep international integration and rapid digital transformation, intellectual property is increasingly regarded as a special category of assets - intangible yet possessing significant economic value. In many developed jurisdictions, IP rights such as patents, industrial designs, trademarks, software, data, and trade secrets have become central to production, business activities, and innovation, directly influencing market value and the competitive capacity of enterprises. Consequently, the protection of these rights through judicial mechanisms is afforded heightened attention.

Prior to 1 July 2025, Vietnamese law did not provide for a specialised jurisdictional regime for civil, commercial, or administrative cases involving intellectual property. Such cases were adjudicated under the general jurisdiction provisions set out in the 2015 Civil Procedure Code. From 1 July 2025 onwards, pursuant to Clause 3 Article 4 of Resolution No. 81/2025/UBTVQH15 dated 27 June 2025, the territorial jurisdiction of the Regional People’s Courts over civil, commercial, and administrative cases relating to intellectual property and technology transfer is defined as follows:

(i) Regional People’s Court No. 2 - Hanoi has territorial jurisdiction over 20 provinces and municipalities, including: Hanoi, Hai Phong, Hue; and the provinces of Bac Ninh, Cao Bang, Dien Bien, Ha Tinh, Hung Yen, Lai Chau, Lang Son, Lao Cai, Nghe An, Ninh Binh, Phu Tho, Quang Ninh, Quang Tri, Son La, Thai Nguyen, Thanh Hoa, and Tuyen Quang.

(ii) Regional People’s Court No. 1 - Ho Chi Minh City has territorial jurisdiction over 14 provinces and municipalities, including: Can Tho, Da Nang, Ho Chi Minh City; and the provinces of An Giang, Ca Mau, Dak Lak, Dong Nai, Dong Thap, Gia Lai, Khanh Hoa, Lam Dong, Quang Ngai, Tay Ninh, and Vinh Long.

Overall, the centralised allocation of jurisdiction to a limited number of Regional People’s Courts for the adjudication of bankruptcy, intellectual property, and technology transfer matters - under the amended Law on Organisation of the People’s Courts (2025) - represents a strategic institutional reform. It aims to enhance organisational capacity and judicial expertise in anticipation of the expected surge in such disputes, as the knowledge economy, digital economy, and innovation become the primary engines of growth. Concentrating jurisdiction in key regional courts not only promotes the professionalisation of judges and court support staff, but also facilitates the development of modern judicial institutions aligned with global and digital dispute-resolution trends. At the same time, it provides a necessary legal foundation for establishing specialised courts in the future, which are equipped to handle complex matters effectively, safeguard the legitimate rights of economic actors, and foster a transparent, equitable, and sustainable business environment.

Lawyer Thanh Trà – FDVN Law Firm