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April 25, 2025

Vietnam’s Court Reform: What IP Litigators Need to Know

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Managing Intellectual Property

Vietnam is on the cusp of a major judicial reform with significant implications for intellectual property (IP) litigators. A draft law, expected to be passed in mid-2025, will restructure the court system into a three-tiered judicial hierarchy while retaining the current two-tiered trial structure. The reforms include the anticipated establishment of a specialized IP court and a reallocation of jurisdiction that may fundamentally change how and where IP disputes are resolved.

From 63 to 34: Fewer Provinces, Fewer Courts – But Wider Reach

Under the new model, the judiciary will be organized into three levels: (i) the Supreme People’s Court, with three newly established appellate courts in Hanoi, Da Nang, and Ho Chi Minh City, (ii) the 34 provincial-level People’s Courts (following a reduction from 63 provinces to 34 due to administrative consolidation), and (iii) a newly created tier of regional-level courts (tòa án khu vực) that will replace the existing district-level courts. Each regional court will encompass several district-level courts within a province. The number of regional courts in each province will be determined based on the number of districts following a planned reduction.

While the number of provincial-level courts will decrease, the newly established regional-level courts will be granted expanded jurisdiction. Notably, these courts will have first-instance jurisdiction over a broad range of civil, commercial, and administrative matters. In criminal cases, they will handle offenses punishable by up to 20 years’ imprisonment, while more serious crimes will remain under the jurisdiction of provincial-level courts.

For IP litigators, this likely means that first-instance cases, especially civil infringement disputes, will shift from the provincial level to the lower regional level. These regional courts will become the new battleground for IP enforcement.

Same Two-Tier Adjudication, Different Game Board

While the judicial structure is evolving, the core adjudicative framework remains unchanged: Vietnam retains its two-level system of first-instance and appellate review. What is new is where those appeals will go.

The three existing Superior People’s Courts are slated for dissolution. In their place, three appellate chambers will be created under the direct management of the Supreme People’s Court. These new appellate chambers will assume responsibility for second-instance reviews across regions.

In anticipation of their abolition, the Superior People’s Courts have been working to resolve pending appeals—many of which involve IP matters. Unresolved cases will be transferred to the new appellate chambers, raising important questions around judicial continuity, reassignment logistics, and the retention of case-specific expertise.

A Dedicated IP Court on the Horizon

Among the most eagerly awaited reforms is the plan to establish a specialized IP court. Though still in draft form, the proposal envisions certain regional courts—specifically, those located in major economic hubs such as Hanoi and Ho Chi Minh City—being designated to handle bankruptcy and IP matters at first instance.

If implemented, this model would centralize IP litigation in a small number of technically equipped, strategically located courts. Appeals would then be heard by the relevant provincial-level court, preserving the two-tier system. Given this change, it will no longer be possible to file IP lawsuits in smaller provinces. Instead, the cases will need to be submitted to specialized IP courts in major cities such as Hanoi and Ho Chi Minh City. Since judges in these cities are more experienced in handling IP matters, it is anticipated that IP disputes will be resolved more efficiently and in a shorter timeframe than before.

Such a model brings Vietnam closer to regional comparators like South Korea’s Intellectual Property Trial and Appeal Board and Japan’s Intellectual Property High Court. For global rights holders and domestic innovators alike, this would represent a significant step toward consistency, expertise, and judicial predictability in a notoriously fragmented field.

Digital Justice in the Making

Parallel to structural reform, the Vietnamese judiciary is also laying the groundwork for a more digital-first approach. Work is underway to amend relevant procedural laws to accommodate electronic service of process, online payment of court fees, virtual hearings, and other tech-enabled innovations.

These changes could prove transformative, particularly for IP litigants navigating cross-border disputes or managing complex evidentiary submissions. Greater procedural efficiency could reduce bottlenecks and promote faster access to justice.

Transition Turbulence: What to Expect

As with any sweeping reform, the transition period will likely pose complications. There are already reports of delays in court dockets, with some judges hesitating to accept or process new filings, especially in commercial and IP-related cases, until jurisdictional changes are formalized.

If passed in June 2025 as expected, the new judicial structure will begin rolling out by the end of the year. That gives IP practitioners a narrow window to reassess pending cases, anticipate forum shifts, and prepare for procedural realignments.

In short, this is not just a reshuffling of courtrooms; it is a foundational restructuring of Vietnam’s legal landscape. In addition, for IP lawyers, adapting early may prove to be the best litigation strategy of all.

This article first appeared in Managing Intellectual Property.

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