22-04-26 Việt Quang
Jointly issued by the Supreme People’s Procuracy (SPP) and the Supreme People’s Court (SPC) on 10 March 2026, this Circular will take effect on 1 May 2026, replacing Joint Circular 02/2016 after nearly a decade — setting a series of “hard” deadlines that the Court and the Procuracy must comply with when transferring case files, participating in trials, hearings, and protesting civil judgments and decisions.
With only 9 days left before the 1 May 2026 effective date, Joint Circular No. 07/2026/TTLT-VKSNDTC-TANDTC (“JC 07/2026”) dated 10 March 2026, jointly issued by the Prosecutor General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court, has been officially promulgated to replace Joint Circular 02/2016/TTLT-VKSNDTC-TANDTC. The Circular comprehensively regulates coordination between the two agencies in implementing the Code of Civil Procedure — from the obligation to transfer case files and participate in trials and hearings to the supervision of complaints and denunciations, as well as the Procuracy’s protest powers in cassation (giám đốc thẩm) and reopening (tái thẩm) procedures. These new provisions will directly affect every civil case in which enterprises and individuals are parties.
The most notable innovation of JC 07/2026 is the introduction of specific time limits for case file transfers between the Court and the Procuracy — an area previously criticized for delays that prolonged case resolution.
Specifically, upon receiving a written request from the Procuracy to transfer case files for trial or hearing participation, the Court must transfer the files within 03 working days. When the Supreme People’s Court or the Supreme People’s Procuracy requests a lower Court to transfer case files, the deadline is 07 working days from the date of receipt. For files submitted for cassation or reopening review, the Procuracy must return them to the Court within 15 days from the date of receipt. Regarding late appeals, the Procuracy may retain the files for a maximum of 05 days.
The codification of these deadlines establishes a stricter procedural control mechanism — litigants and legal counsel now have a clear basis to demand acceleration of procedural steps whenever a case appears delayed.
Another key provision of JC 07/2026 requires that, within 07 days from receiving the Court’s decision to open a hearing, the Procuracy must send a decision assigning a Prosecutor to participate in the hearing. This rule applies to four categories of complex matters typically involving foreign elements:
(i) Appellate hearings for civil matters;
(ii) Hearings reviewing appealed or protested decisions in the procedure for recognition and enforcement in Vietnam of civil judgments and decisions of foreign Courts;
(iii) Refusal to recognize civil judgments and decisions of foreign Courts that do not require enforcement in Vietnam;
(iv) Recognition and enforcement in Vietnam of foreign arbitral awards.
These procedures are of particular interest to foreign-invested enterprises, international investors, and parties in cross-border commercial disputes. Timely prosecutor participation promotes objectivity while reducing the risk of hearings being postponed due to late assignment.
Since 1 July 2025, the People’s Court system has been restructured into three tiers — Supreme, Provincial, and Regional (replacing the previous four-tier model) — pursuant to the 2024 amended Law on Organization of People’s Courts. JC 07/2026 updates the protest procedure to align with this new structure.
Accordingly, where the Chief Justice of the Supreme People’s Court or the Prosecutor General of the Supreme People’s Procuracy protests, under cassation or reopening procedures, a legally effective judgment or decision of a Regional People’s Court, the protest decision together with the case file must be sent immediately to the Provincial People’s Court — the Court with cassation and reopening jurisdiction over judgments rendered by Regional Courts. This provision closes the previous legal gap regarding the reception of protest files for Regional Court judgments.
Beyond file transfers and trial participation, JC 07/2026 further specifies the Procuracy’s responsibilities in supervising the resolution of complaints and denunciations arising in civil proceedings. The Procuracy is entitled to request files and documents from the Court for supervisory purposes, and to issue recommendations to Courts at the same and lower levels upon detecting violations. This constitutes an important safeguard for litigants dissatisfied with a Court’s resolution.
First, litigants and lawyers now have additional legal tools to monitor procedural progress. When the Court delays file transfers or the Procuracy retains files beyond the 15/5/3/7-day limits, parties may submit formal petitions.
Second, cases involving foreign elements — particularly recognition and enforcement of international arbitral awards — are expected to be resolved more quickly thanks to the 07-day assignment mechanism. For enterprises awaiting enforcement of arbitral awards or foreign civil judgments, this signals a positive improvement in procedural predictability.
Third, judgments and decisions of Regional People’s Courts (first-instance level) now have a clearly designated receiving body for protest files — the Provincial People’s Court. This reduces disputes over jurisdiction for cassation and reopening submissions.
1. Review ongoing Court cases: for matters likely to extend beyond 1 May 2026, lawyers and enterprises should cross-reference the new deadlines and proactively demand timely file transfers and prosecutor assignments from the Court and Procuracy.
2. For disputes with foreign elements (recognition of foreign judgments/decisions; recognition of international arbitral awards), consider filing close to the effective date to benefit from the new mechanism and minimize procedural delays.
3. When a Regional Court’s judgment or decision shows signs of serious legal violations, enterprises should prepare cassation/reopening petitions and submit them to the correct receiving body — the corresponding Provincial People’s Court.
4. Internal training for legal departments: update procedures and forms under JC 07/2026 before the effective date to avoid disruption in implementation.
MT & Partners Law Firm, with a team of seasoned lawyers specializing in civil procedure, commercial arbitration, and cross-border dispute resolution, is ready to assist Clients in assessing the impact of JC 07/2026/TTLT-VKSNDTC-TANDTC, developing appropriate litigation strategies, and protecting their lawful rights and interests before the Courts. Please contact hotline 0987140772 or email info@mtpartners.vn for consultation.
(*) This article is for reference only and does not replace specific legal advice.
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