Resolution No. 02/2025/NQ-HDTP on providing amendments to some resolutions of council of justices of supreme People’s court

RESOLUTION

PROVIDING AMENDMENTS TO SOME RESOLUTIONS OF COUNCIL OF JUSTICES OF SUPREME PEOPLE’S COURT

Pursuant to the Law on Organization of People’s Courts No. 34/2024/QH15, as amended by the Law No. 81/2025/QH15;

For the purposes of proper and consistent application of some provisions of the Law on Bankruptcy, the Code of Civil Procedures, the Law on Administrative Procedures, and the Criminal Code;

After getting opinions from the Prosecutor General of the Supreme People’s Procuracy and the Minister of Justice of Vietnam;

The Council of Justices of the Supreme People’s Court hereby promulgates a Resolution providing amendments to some Resolutions of the Council of Justices of the Supreme People’s Court.

Article 1. Scope

This Resolution provides amendments to the following Resolutions of the Council of Justices of the Supreme People’s Court:

1. Resolution No. 03/2016/NQ-HDTP dated August 26, 2016 providing guidelines for implementation of the Law on Bankruptcy (hereinafter referred to as “Resolution No. 03/2016/NQ-HDTP”);

2. Resolution No. 04/2016/NQ-HDTP dated December 30, 2016 providing guidelines for implementation of some provisions of the Code of Civil Procedures No. 92/2015/QH13, the Law on Administrative Procedures No. 93/2015/QH13 regarding submission and receipt of lawsuit petitions, relevant documents and evidences, and issuance, sending and announcement of procedural documents by electronic means (hereinafter referred to as “Resolution No. 04/2016/NQ-HDTP”);

3. Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 providing guidelines for application of Article 65 of the Criminal Code regarding suspended sentences, as amended by the Resolution No. 01/2022/NQ-HDTP dated April 15, 2022 of the Council of Justices of the Supreme People’s Court (hereinafter referred to as “Resolution No. 02/2018/NQ-HDTP”);

4. Resolution No. 04/2019/NQ-HDTP dated June 18, 2019 regarding procedures for selection, announcement and application of precedents (hereinafter referred to as “Resolution No. 04/2019/NQ-HDTP”);

5. Resolution No. 03/2024/NQ-HDTP dated June 10, 2024 providing guidelines for application of some provisions of the Criminal Code regarding prescriptive periods for judgment execution, exemption from serving sentences, sentence commutation, reduction of sentence duration in special circumstances, deferred imprisonment sentence, and suspended imprisonment sentence (hereinafter referred to as “Resolution No. 03/2024/NQ-HDTP”).

Article 2. Amendments to Resolution No. 03/2016/NQ-HDTP

1. Article 1 is amended as follows:

 “Article 1. Scope

This Resolution provides guidelines for implementation of some provisions of clause 14 Article 9, Article 70 and Article 104 of the Law on Bankruptcy.”.

2. Clause 1 Article 4 is amended as follows:

“1. In course of settling bankruptcy cases, judges must consider applying precedents to bankruptcy cases with similar legal circumstances.”.

3. Article 2 and Article 3 are abrogated.

Article 3. Amendments to Resolution No. 04/2016/NQ-HDTP

1. Clauses 1 and 2 Article 2 are amended as follows:

“1. Plaintiffs, participants in legal proceedings as defined in the Code of Civil Procedures, and the Law on Administrative Procedures.

2. Supreme People’s Court; provincial-level People’s Courts; regional People’s Courts.”.

2. Clause 2 Article 23 is amended as follows:

“2. Application of electronic transactions at the Supreme People’s Court; provincial-level People’s Courts; regional People’s Courts shall initiate when relevant conditions are satisfied.”.

Article 4. Amendments to Resolution No. 02/2018/NQ-HDTP

1. Some clauses of Article 11 are amended as follows:

a) Clause 1 is amended as follows:

“1. Within 03 working days from their receipt of the written request for enforcement of the suspended imprisonment sentence from the criminal judgment enforcement agency affiliated to the provincial-level police authority/the military zone-level criminal judgment enforcement agency, the Chief Justice of the regional People’s Court in charge of the area where the convict resides/the Chief Justice of the regional military court in charge of the area where the convict works must establish a Panel for the hearing to consider whether the convict has to serve the suspended imprisonment sentence and assign the Judge to study the received written request for enforcement of the suspended imprisonment sentence.”;

b) Clause 6 is amended as follows:

“6. Within 03 working days from the issue date of the decision to settle the request for enforcement of the suspended imprisonment sentence, the Court shall send the issued decision to the convict, the requesting agency, same-level Procuracy, superior Procuracy, and the Court that issued the decision to give a suspended sentence.”.

2. The phrase “Tòa án nhân dân cấp huyện” (“district-level People’s Court”) is replaced with the phrase “Tòa án nhân dân khu vực” (“regional People’s Court”) in clause 1 Article 8.

3. Some forms are replaced as follows:

a) Form 02-HS enclosed with the Resolution No. 02/2018/NQ-HDTP is replaced with form 02-HS enclosed herewith;

b) Form 03-HS enclosed with the Resolution No. 02/2018/NQ-HDTP is replaced with form 03-HS enclosed herewith.

4. The phrase “tên huyện, thị xã, thành phố thuộc tỉnh;” (“name of rural district, district-level town, or provincial-affiliated city;”) and the phrase “trực thuộc trung ương” (“central-affiliated”) in point b clause 1 Article 6 are removed.

Article 5. Amendments to Resolution No. 04/2019/NQ-HDTP

1. Point c clause 2 Article 6 is amended as follows:

“c) It is proposed by the Boards of Justices of provincial-level People’s Courts;”.

2. Some forms are replaced as follows:

a) Form 01-AL enclosed with the Resolution No. 04/2019/NQ-HDTP is replaced with form 01-AL enclosed herewith;

b) Form 02-AL enclosed with the Resolution No. 04/2019/NQ-HDTP is replaced with form 02-AL enclosed herewith;

c) Form 03-AL enclosed with the Resolution No. 04/2019/NQ-HDTP is replaced with form 03-AL enclosed herewith.

Article 6. Amendments to Resolution No. 03/2024/NQ-HDTP

1. The phrase “Tòa án nhân dân cấp cao” (“Superior People’s Court”) is replaced with the phrase “Tòa án cấp phúc thẩm” (“Appellate Court”); the phrase “Tòa án nhân dân tỉnh T” (“People’s Court of T province”) is replaced with the phrase “Tòa án cấp sơ thẩm” (“Court of First Instance”) in the example in clause 3 Article 3.

2. The phrase “Công an cấp huyện” (“district-level police authority”) is replaced with the phrase “Công an cấp tỉnh” (“provincial-level police authority”) in clauses 8 and 11 Article 5.

Article 7. Effect

This Resolution is ratified by the Council of Justices of the Supreme People’s Court on June 27, 2025 and comes into force from July 01, 2025.