REPORT ON THE IMPLEMENTATION RESULTS OF THE PROJECT “IMPROVING THE QUALITY AND EFFECTIVENESS OF LAWMAKING AND IMPLEMENTATION IN VIETNAM” 2021-2025 FUNDED BY JICA
05/12/2025
REPORT ON THE IMPLEMENTATION RESULTS OF THE PROJECT “IMPROVING THE QUALITY AND EFFECTIVENESS OF LAWMAKING AND IMPLEMENTATION IN VIETNAM” 2021-2025 FUNDED BY JICA
REPORT ON THE IMPLEMENTATION RESULTS OF THE PROJECT “IMPROVING THE QUALITY AND EFFECTIVENESS OF LAWMAKING AND IMPLEMENTATION IN VIETNAM” 2021-2025 FUNDED BY JICA
I. Results of the Project “Improving the Quality and Effectiveness of Lawmaking and Implementation in Vietnam” 2021-2025
1. Working Group to Support the Development and Promotion of Case Law
a) Workshop to Enhance Judgment Writing Skills for People's Court Judges
Within the framework of the Working Group to Support the Development and Promotion of Case Law, the Supreme People's Court, in coordination with the JICA Project Office, organized a workshop to enhance judgment writing skills for People's Court Judges on December 12, 14, and 16, 2022, in Bac Ninh (now Bac Giang province), Da Nang, and Ho Chi Minh City.
With the support of JICA, the Supreme People's Court successfully organized workshops to practically contribute to improving judgment writing skills for judges. At the workshops, delegates enthusiastically discussed the skills of writing criminal, civil, and administrative judgments with many insightful opinions based on the vivid practical experiences of the courts. The workshops had practical significance in the judicial activities of the courts, in which the quality of judgments was improved, becoming more rigorous and persuasive to readers.
b) Workshop on skills in citing and applying precedents
In 2023 and 2024, the Supreme People's Court organized a workshop on skills in citing and applying precedents in Da Lat city, Lam Dong province on August 1, 2023; In Ho Chi Minh City on November 20, 2024, and in Hue City, Thua Thien Hue Province on November 18, 2024.
The promulgation of precedents brings many benefits and meets the needs of judicial practice, ensuring uniformity in the application of law, filling legal gaps, creating favorable conditions for judges when adjudicating and resolving cases, and contributing to improving the quality of court proceedings. Since 2016, the Supreme People's Court has officially published precedents. However, citing and applying precedents in adjudicating and resolving cases still faces obstacles and is in the process of improvement, due to several reasons such as a small number of judges not yet having the habit of applying precedents, the mindset of applying precedents not being truly widespread, and the skill of analyzing precedents to find similarities between precedents and actual cases for application still being a limitation for many judges.
The workshop on skills in citing and applying precedents included the sharing of experiences by domestic experts and long-term experts from Japan. Participants exchanged experiences in applying precedents to practical trials, discussed obstacles, and proposed solutions to enhance the effectiveness of precedents. At the workshop, experts and judges presented papers on the skills of citing and applying precedents in civil, commercial, and administrative law. Japanese experts presented on citing and applying precedents from the perspective of Japanese judges. During the workshop, experts and judges exchanged experiences in applying precedents to practical trials, discussed obstacles, and proposed solutions to improve the effectiveness of precedents, contributing to raising the quality of judgments in people's courts.
c) Consultation Workshops on Draft Case Laws
Within the framework of the Project, the Supreme People's Court organized two consultation workshops on 21 draft case laws in Dak Lak on June 3, 2024, and 19 draft case laws in Da Lat, Lam Dong province on October 17, 2025.
The selection and publication of case law is of particular interest to the Supreme People's Court in order to improve the quality of adjudication in the spirit of judicial reform. Since the issuance of Resolution No. 03/2015/NQ-HĐTP dated October 28, 2015, and Resolution No. 04/2019/NQ-HĐTP dated June 18, 2019, on the process of selecting, publishing, and applying precedents, the Supreme People's Court has published 72 precedents, including: 17 criminal precedents, 31 civil precedents, 5 marriage and family precedents, 9 commercial precedents, 2 labor precedents, 1 administrative precedent, 4 civil procedural precedents, and 3 administrative procedural precedents.
In 2024 and 2025, the Supreme People's Court will continue to promote the development of case law, conducting reviews, research, and synthesizing proposals from courts, experts, and scientists, and developing draft case law in many fields: criminal, civil, marriage and family, business, commerce, and administration... demonstrating the clear efforts of the Supreme People's Court in building a unified legal source, especially in complex areas such as criminal law related to property, credit transactions, and marriage and family.
At the workshop, delegates discussed and provided feedback on the content of each draft case law to ensure that the issued case law is of high quality. The legal solutions in case law need to be stated in the form of general principles in a rigorous manner, avoiding ambiguous wording, so that lower courts can apply them consistently. The majority of the draft precedents met the criteria and were valuable in clarifying legal provisions that were subject to differing interpretations, analyzing and explaining legal issues and events, and indicating the principles, approaches, and legal norms to be applied in a specific case, or demonstrating fairness in matters not yet specifically regulated by law; they were normative and provided guidance for the uniform application of law in adjudication. The opinions expressed at the Workshop served as an important reference for the Council of Judges of the Supreme People's Court to select and approve precedents.
The Supreme People's Court highly appreciated the frank, specific, and insightful contributions of the delegates. Based on the feedback from the Workshop, the Supreme People's Court will conduct research, incorporate, revise, and finalize the draft precedents to report to the Precedent Advisory Council before submitting them to the Council of Judges of the Supreme People's Court for consideration and approval.
d) Workshop to gather opinions on judgments and decisions proposed for development into precedents
On November 14, 2025, the Supreme People's Court organized a workshop to gather opinions on judgments and decisions proposed for development into precedents in Dak Lak province.
At the workshop, delegates actively discussed 9 judgments and decisions proposed for development into precedents in areas such as labor, intellectual property, commercial business, and civil law.
At the end of the workshop, the research group supporting the development of precedents compiled the delegates' opinions, summarized the judgments and decisions, and forwarded them to the specialized unit of the Supreme People's Court for consideration, revision, and completion of the draft precedents for submission to the Precedent Advisory Council before being presented to the Council of Judges of the Supreme People's Court for consideration and approval.
2. Working Group to Support the Implementation of the Law on Mediation and Dialogue in Courts
a) Workshop on the Implementation of the Law on Mediation and Dialogue in Courts
Within the framework of the working group, the Supreme People's Court, in coordination with the JICA Project Office, successfully organized workshops on the implementation of the Law on Mediation and Dialogue in Courts in Vinh Phuc province on November 21, 2022, in Vinh City, Nghe An province on November 23, 2022, and in Ho Chi Minh City on November 25, 2022.
The Law on Mediation and Dialogue in Courts of 2020 came into effect on January 1, 2021. The purpose of the Law is to help the parties involved reach an agreement and resolve conflicts on the principle of voluntariness (pre-litigation mediation). The Law on Mediation and Dialogue in Courts of 2020 was enacted based on the needs and demands of real-life practice; From the meaning and importance of mediation and dialogue in court; implementing the Party's policy and guidelines on diversifying methods for resolving civil disputes and administrative complaints through the development of a new legal mechanism for mediation and dialogue in court, while selectively adopting the experiences of some countries around the world on mediation. After nearly two years of implementation, the Law on Mediation and Dialogue in Court has played its role and achieved certain results. However, practice also demands the continued improvement of the effectiveness of the Law's implementation, especially in training the professional skills of courts and mediators in mediation and dialogue in court.
In recent times, civil disputes and administrative complaints throughout the country in general and in the province in particular have increased in number and become increasingly complex in nature. In response to the need to resolve the aforementioned disputes, the Supreme People's Court has continued to strengthen mediation and dialogue in resolving civil disputes and administrative complaints, contributing to reducing the pressure on the number of cases the Court has to resolve through trial; reducing the number of cases that civil enforcement agencies have to organize enforcement; and saving costs, time, and effort for judicial agencies, parties involved, the State, and society as a whole. Strengthening mediation and dialogue contributes to creating consensus among parties, maintaining social order and stability; saving time, costs, and effort for parties involved, the State, and society as a whole. At the same time, it reduces the burden on the Court's trial work in the context of the increasing number of civil disputes and administrative complaints, and the increasingly complex nature of cases.
The workshop focused on the following contents: Overview of the Law on Mediation and Dialogue in Courts; The workshop disseminated Directive No. 02/2022/CT-CA dated March 14, 2022, of the Supreme People's Court on strengthening mediation and dialogue work under the Law on Mediation and Dialogue in Courts; shared some experiences drawn from the practical implementation of the Law on Mediation and Dialogue in Vietnamese Courts; and discussed and addressed some difficulties in the implementation of the Law on Mediation and Dialogue in Courts. In particular, the workshop dedicated a significant portion of its time to a case study on "Agreement in Mediation and Enforcement," presented directly by Mr. Inaba Kazuto, a JICA expert, focusing on the skills and requirements of mediators when conducting mediation and dialogue.
The Supreme People's Court highly appreciated the quality of the workshop, especially the lively exchange and discussion among the participants, particularly the mediators. At the conclusion of the workshop, the Supreme People's Court compiled the opinions of local courts on the difficulties and obstacles encountered in the implementation of the Law on Mediation and Dialogue in Courts to report and propose to the Supreme People's Court leadership timely answers and guidance, aiming to improve the effectiveness of the Law's implementation.
b) Printing a guidebook on the application of the Law on Mediation and Dialogue in Courts
The Law on Mediation and Dialogue in Courts was passed by the 14th National Assembly of the Socialist Republic of Vietnam, 9th session, on May 16, 2020, and came into effect on January 1, 2021. Stemming from the demands of real-life situations and the importance of mediation and dialogue, the Law on Mediation and Dialogue in Courts was enacted to create a framework for building a new legal mechanism to encourage parties to resolve civil disputes and administrative complaints through mediation and dialogue in court.
With the support of the Japan International Cooperation Agency (JICA), the Working Group for the Implementation of the Law on Mediation and Dialogue in Courts has compiled and selected legal documents directly related to the application of the Law on Mediation and Dialogue in Courts, including codes, laws, decrees, resolutions, circulars, decisions, and professional guidance documents, to create the book: "Guidelines for the Application of the Law on Mediation and Dialogue in Courts". The book is compiled with the aim of disseminating and popularizing the Law on Mediation and Dialogue in Courts and guiding agencies, organizations, and individuals, especially court mediators, judges, investigators, court clerks, prosecutors, lawyers, and Other participants in mediation and dialogue at the Court will quickly and accurately refer to and apply the provisions of the Law on Mediation and Dialogue at the Court.
3. Other Activities
In addition to the two working groups mentioned above, to meet the requirements of judicial reform, Vietnamese courts need to refer to Japan's experience in several areas. Therefore, the Supreme People's Court has requested JICA's support for the following activities:
a) International Consultation Workshop on Juvenile Justice
On November 29, 2021, the Supreme People's Court organized a workshop on "International Consultation on Juvenile Justice" to ensure the proposal for the development of the "Junior Justice Law".
In recent years, the Vietnamese Government has made great strides in building and perfecting the juvenile justice system. However, there is still no unified, comprehensive, and specialized law to create a solid foundation for the juvenile justice system. The development of a new law to consolidate and replace all current legal regulations on juvenile justice would address the fragmentation.
Having a law on juvenile justice is a progressive and humane idea, helping to resolve cases involving minors quickly and ensuring their legal rights and interests. Therefore, the workshop was a practical and useful program, with participating experts demonstrating a high sense of responsibility towards juvenile justice. The experts' opinions showed the necessity of developing a law on juveniles to improve the efficiency of resolving cases related to minors. The Supreme People's Court highly appreciates the insightful and creative contributions, discussions, and initiatives from participating countries.
The workshop was successful, contributing to the revision and improvement of the draft Law. On November 30, 2024, the Law on Juvenile Justice was passed by the National Assembly and came into effect on January 1, 2026.
b) Workshop to gather feedback on the draft Resolution guiding some provisions of the Civil Procedure Code No. 92/2015/QH13 on the session for submitting, publicly accessing evidence and mediation
On March 8, 2022, the Supreme People's Court organized a workshop to gather feedback on the draft Resolution guiding some provisions of the Civil Procedure Code No. 92/2015/QH13 on the session for reviewing the submission, publicly accessing evidence and mediation.
The workshop was held in a hybrid format, combining in-person and online participation at various locations within the People's Court system. The 2015 Civil Procedure Code adds new regulations on the examination of the submission, access, and disclosure of evidence before the court decides to bring the case to trial. This regulation aims to ensure that evidence is made public (except in cases where public disclosure is prohibited) during the proceedings, guaranteeing the right to access documents and evidence in the case; and ensuring the public disclosure of the parties' requests and opinions. The hearing to examine the submission, access, and disclosure of evidence and mediation has played a crucial role in ensuring and improving the quality of litigation; and in guaranteeing the effectiveness of mediation in civil proceedings.
However, in practice, recent judicial proceedings have revealed several difficulties and shortcomings, with inconsistent interpretations and applications regarding the hearing for reviewing the submission, access, and disclosure of evidence and mediation, such as the deadline for amending and supplementing the lawsuit, submitting counterclaims and independent claims; the deadline for submitting documents and evidence; the timing, number, and content of the hearings. This has led to some cases where the hearings have not fully served their purpose, with parties intentionally concealing or delaying the submission of documents and evidence, thus prolonging the litigation process and affecting the effectiveness of the trial. To address these difficulties, the Supreme People's Court has drafted a Resolution of the Council of Judges of the Supreme People's Court guiding some provisions of the Civil Procedure Code No. 92/2015/QH13 on the session for reviewing the submission, access, and disclosure of evidence and mediation, aiming to overcome difficulties and inadequacies in the practical handling of civil disputes by the courts.
The Supreme People's Court organized a workshop to gather feedback from experts, legal scholars, and delegates. Representatives of foreign experts also shared Japan's experience on the content of submitting, accessing, and disclosing evidence and mediation sessions according to the Japanese civil procedure...
The Supreme People's Court highly appreciates the opinions and suggestions, which are very relevant to practice and provide a scientific basis for researching and perfecting the draft Resolution.
c) Workshop on the Model of People's Participation in Judicial Activities in Vietnam and Some Countries Around the World - Experiences for Vietnam
On the afternoon of March 16, 2022, in Hanoi, the Supreme People's Court organized a workshop on the topic "Introducing the Model of People's Participation in Judicial Activities in Vietnam and Some Countries Around the World - Experiences for Vietnam".
The delegates enthusiastically exchanged opinions and presented papers on the following topics: Introducing the model of people's participation in judicial activities in Japan; the institution of jury and people's assessors in some countries around the world and lessons learned for Vietnam; introducing the model of people's participation in judicial activities in South Korea and China; the American jury model; and introducing the institution of people's assessors in Vietnam.
Studies on jury and people's assessor systems in several countries around the world, focusing on the jury models of the United States, France, Russia, Japan, South Korea, and the people's assessor model of China, have provided valuable information and warrant further in-depth research for reference in the judicial reform process.
Vietnamese assessors are characterized by being outstanding representatives of the people, serving relatively long terms, and participating in trials in criminal, civil, and administrative fields. The Vietnamese people's assessor system has also been relatively stable for a long time. However, along with the judicial reform process, the people's assessor system also needs appropriate reforms. Studying international experience is crucial in learning from best practices suitable to Vietnam's circumstances in order to improve our people's assessor system.
d) Workshop on Teaching Methods and Training Programs of the Judicial Academy
On July 28, 2023, the Supreme People's Court, in coordination with the JICA Project Office, organized a workshop on teaching methods and training programs of the Judicial Academy in Can Tho City.
In recent years, the People's Courts of Vietnam have continuously improved professional training, ensuring a readily available pool of judges and training human resources for the future of the court system.
At the workshop, experts shared some ideas on enhancing the capacity of lecturers at the Judicial Academy; the content of teaching law subjects in general and the basic skills of judges, clerks, and investigators in the trial of cases under the jurisdiction of the courts. The delegates also contributed many useful ideas to enhance the knowledge of part-time and full-time lecturers, and to share experiences in developing curricula and training programs for each course, targeting different groups of learners, thereby strengthening the capacity of the Judicial Academy.
e) Organizing Study and Examination Delegations in Japan
- From November 10, 2025 to November 15, 2023, a high-level delegation from the Supreme People's Court, led by Politburo member, Central Committee Secretary, and Chief Justice of the Supreme People's Court Nguyen Hoa Binh, will visit and work in Tokyo, Japan. The purpose of the visit is to strengthen cooperative relations between the Supreme Courts of the two countries, and to exchange experiences on case law, research experiences to serve the development of the Juvenile Justice Law and mediation issues.
- From January 21, 2024 to January 30, 2024, a high-level delegation from the Supreme People's Court, led by Deputy Chief Justice Pham Quoc Hung, will visit and work in Japan. The purpose of the visit is to study Japan's Law on the Organization of Courts to support the completion of the draft Law on the Organization of People's Courts (amended), the methods of citing and applying precedents, and the issue of mediation.
- From April 13, 2025 to April 22, 2025, a delegation from the Supreme People's Court, led by Judge Dao Thi Minh Thuy, visited and worked in Japan. The purpose of the visit was to exchange information on mediation in court, citing and applying precedents, and experiences in resolving disputes concerning intellectual property rights, administrative matters, and bankruptcy.
The experience gained from the above-mentioned visits and surveys aims to enhance international knowledge and experience, while strengthening the capacity of Vietnamese judges and court officials.
II. Evaluation of Results
1. Advantages
- During the implementation of the Project, the Supreme People's Court received enthusiastic support from long-term and short-term experts and staff of the JICA Project Office. The activities carried out contributed to supporting the Supreme People's Court in performing its tasks of building and perfecting legislation; organizing law enforcement; and enhancing the capacity of judges and court staff. JICA experts with extensive experience and in-depth professional knowledge in each field have supported the Supreme People's Court of Vietnam in its judicial reform efforts.
+ Regarding support for the development of case law: The working group provided effective and practical support in building the case law system of the Supreme People's Court. The Supreme People's Court highly appreciates the contributions of Japanese experts in providing comments and suggestions on draft case law.
+ Regarding activities supporting the implementation of the Law on Mediation and Dialogue in Courts: Japanese experts have assisted the Supreme People's Court in providing experienced experts to share mediation skills in courts. This has strengthened the capacity of the mediation team.
- The project management team and project staff have many years of experience, high professional knowledge, and dedication to their work, contributing to the overall success of the Project.
2. Difficulties
In the initial stages of the Project implementation, the Covid-19 pandemic affected the implementation of activities. However, the Supreme People's Court and its partners actively and proactively coordinated to implement activities, ensuring maximum adherence to the schedule and compliance with the requirements of the Supreme People's Court.
The number of activities within the framework of the Project was limited, thus affecting the spread and replication of the Project's results.
III. Solutions for the Future
The project “Improving the Quality and Effectiveness of Lawmaking and Enforcement in Vietnam” for the period 2021-2025 will conclude on December 31, 2025. To strengthen cooperation between the two partners and support the improvement of the judicial and legal systems, the Supreme People's Court hopes to continue receiving the support of the Japanese Government in general and JICA in particular in implementing a new project. To overcome the aforementioned limitations, the Supreme People's Court proposes developing a new project with more activities, prioritizing those with long-term impact such as training high-quality human resources for the court system.
The above is the Report on the results of the implementation of the project “Improving the Quality and Effectiveness of Lawmaking and Enforcement in Vietnam” for the period 2021-2025, funded by JICA.
The Supreme People's Court of Vietnam expresses its sincere gratitude for the cooperation of the Government of Japan, JICA, and partner agencies.
1. Working Group to Support the Development and Promotion of Case Law
a) Workshop to Enhance Judgment Writing Skills for People's Court Judges
Within the framework of the Working Group to Support the Development and Promotion of Case Law, the Supreme People's Court, in coordination with the JICA Project Office, organized a workshop to enhance judgment writing skills for People's Court Judges on December 12, 14, and 16, 2022, in Bac Ninh (now Bac Giang province), Da Nang, and Ho Chi Minh City.
With the support of JICA, the Supreme People's Court successfully organized workshops to practically contribute to improving judgment writing skills for judges. At the workshops, delegates enthusiastically discussed the skills of writing criminal, civil, and administrative judgments with many insightful opinions based on the vivid practical experiences of the courts. The workshops had practical significance in the judicial activities of the courts, in which the quality of judgments was improved, becoming more rigorous and persuasive to readers.
b) Workshop on skills in citing and applying precedents
In 2023 and 2024, the Supreme People's Court organized a workshop on skills in citing and applying precedents in Da Lat city, Lam Dong province on August 1, 2023; In Ho Chi Minh City on November 20, 2024, and in Hue City, Thua Thien Hue Province on November 18, 2024.
The promulgation of precedents brings many benefits and meets the needs of judicial practice, ensuring uniformity in the application of law, filling legal gaps, creating favorable conditions for judges when adjudicating and resolving cases, and contributing to improving the quality of court proceedings. Since 2016, the Supreme People's Court has officially published precedents. However, citing and applying precedents in adjudicating and resolving cases still faces obstacles and is in the process of improvement, due to several reasons such as a small number of judges not yet having the habit of applying precedents, the mindset of applying precedents not being truly widespread, and the skill of analyzing precedents to find similarities between precedents and actual cases for application still being a limitation for many judges.
The workshop on skills in citing and applying precedents included the sharing of experiences by domestic experts and long-term experts from Japan. Participants exchanged experiences in applying precedents to practical trials, discussed obstacles, and proposed solutions to enhance the effectiveness of precedents. At the workshop, experts and judges presented papers on the skills of citing and applying precedents in civil, commercial, and administrative law. Japanese experts presented on citing and applying precedents from the perspective of Japanese judges. During the workshop, experts and judges exchanged experiences in applying precedents to practical trials, discussed obstacles, and proposed solutions to improve the effectiveness of precedents, contributing to raising the quality of judgments in people's courts.
c) Consultation Workshops on Draft Case Laws
Within the framework of the Project, the Supreme People's Court organized two consultation workshops on 21 draft case laws in Dak Lak on June 3, 2024, and 19 draft case laws in Da Lat, Lam Dong province on October 17, 2025.
The selection and publication of case law is of particular interest to the Supreme People's Court in order to improve the quality of adjudication in the spirit of judicial reform. Since the issuance of Resolution No. 03/2015/NQ-HĐTP dated October 28, 2015, and Resolution No. 04/2019/NQ-HĐTP dated June 18, 2019, on the process of selecting, publishing, and applying precedents, the Supreme People's Court has published 72 precedents, including: 17 criminal precedents, 31 civil precedents, 5 marriage and family precedents, 9 commercial precedents, 2 labor precedents, 1 administrative precedent, 4 civil procedural precedents, and 3 administrative procedural precedents.
In 2024 and 2025, the Supreme People's Court will continue to promote the development of case law, conducting reviews, research, and synthesizing proposals from courts, experts, and scientists, and developing draft case law in many fields: criminal, civil, marriage and family, business, commerce, and administration... demonstrating the clear efforts of the Supreme People's Court in building a unified legal source, especially in complex areas such as criminal law related to property, credit transactions, and marriage and family.
At the workshop, delegates discussed and provided feedback on the content of each draft case law to ensure that the issued case law is of high quality. The legal solutions in case law need to be stated in the form of general principles in a rigorous manner, avoiding ambiguous wording, so that lower courts can apply them consistently. The majority of the draft precedents met the criteria and were valuable in clarifying legal provisions that were subject to differing interpretations, analyzing and explaining legal issues and events, and indicating the principles, approaches, and legal norms to be applied in a specific case, or demonstrating fairness in matters not yet specifically regulated by law; they were normative and provided guidance for the uniform application of law in adjudication. The opinions expressed at the Workshop served as an important reference for the Council of Judges of the Supreme People's Court to select and approve precedents.
The Supreme People's Court highly appreciated the frank, specific, and insightful contributions of the delegates. Based on the feedback from the Workshop, the Supreme People's Court will conduct research, incorporate, revise, and finalize the draft precedents to report to the Precedent Advisory Council before submitting them to the Council of Judges of the Supreme People's Court for consideration and approval.
d) Workshop to gather opinions on judgments and decisions proposed for development into precedents
On November 14, 2025, the Supreme People's Court organized a workshop to gather opinions on judgments and decisions proposed for development into precedents in Dak Lak province.
At the workshop, delegates actively discussed 9 judgments and decisions proposed for development into precedents in areas such as labor, intellectual property, commercial business, and civil law.
At the end of the workshop, the research group supporting the development of precedents compiled the delegates' opinions, summarized the judgments and decisions, and forwarded them to the specialized unit of the Supreme People's Court for consideration, revision, and completion of the draft precedents for submission to the Precedent Advisory Council before being presented to the Council of Judges of the Supreme People's Court for consideration and approval.
2. Working Group to Support the Implementation of the Law on Mediation and Dialogue in Courts
a) Workshop on the Implementation of the Law on Mediation and Dialogue in Courts
Within the framework of the working group, the Supreme People's Court, in coordination with the JICA Project Office, successfully organized workshops on the implementation of the Law on Mediation and Dialogue in Courts in Vinh Phuc province on November 21, 2022, in Vinh City, Nghe An province on November 23, 2022, and in Ho Chi Minh City on November 25, 2022.
The Law on Mediation and Dialogue in Courts of 2020 came into effect on January 1, 2021. The purpose of the Law is to help the parties involved reach an agreement and resolve conflicts on the principle of voluntariness (pre-litigation mediation). The Law on Mediation and Dialogue in Courts of 2020 was enacted based on the needs and demands of real-life practice; From the meaning and importance of mediation and dialogue in court; implementing the Party's policy and guidelines on diversifying methods for resolving civil disputes and administrative complaints through the development of a new legal mechanism for mediation and dialogue in court, while selectively adopting the experiences of some countries around the world on mediation. After nearly two years of implementation, the Law on Mediation and Dialogue in Court has played its role and achieved certain results. However, practice also demands the continued improvement of the effectiveness of the Law's implementation, especially in training the professional skills of courts and mediators in mediation and dialogue in court.
In recent times, civil disputes and administrative complaints throughout the country in general and in the province in particular have increased in number and become increasingly complex in nature. In response to the need to resolve the aforementioned disputes, the Supreme People's Court has continued to strengthen mediation and dialogue in resolving civil disputes and administrative complaints, contributing to reducing the pressure on the number of cases the Court has to resolve through trial; reducing the number of cases that civil enforcement agencies have to organize enforcement; and saving costs, time, and effort for judicial agencies, parties involved, the State, and society as a whole. Strengthening mediation and dialogue contributes to creating consensus among parties, maintaining social order and stability; saving time, costs, and effort for parties involved, the State, and society as a whole. At the same time, it reduces the burden on the Court's trial work in the context of the increasing number of civil disputes and administrative complaints, and the increasingly complex nature of cases.
The workshop focused on the following contents: Overview of the Law on Mediation and Dialogue in Courts; The workshop disseminated Directive No. 02/2022/CT-CA dated March 14, 2022, of the Supreme People's Court on strengthening mediation and dialogue work under the Law on Mediation and Dialogue in Courts; shared some experiences drawn from the practical implementation of the Law on Mediation and Dialogue in Vietnamese Courts; and discussed and addressed some difficulties in the implementation of the Law on Mediation and Dialogue in Courts. In particular, the workshop dedicated a significant portion of its time to a case study on "Agreement in Mediation and Enforcement," presented directly by Mr. Inaba Kazuto, a JICA expert, focusing on the skills and requirements of mediators when conducting mediation and dialogue.
The Supreme People's Court highly appreciated the quality of the workshop, especially the lively exchange and discussion among the participants, particularly the mediators. At the conclusion of the workshop, the Supreme People's Court compiled the opinions of local courts on the difficulties and obstacles encountered in the implementation of the Law on Mediation and Dialogue in Courts to report and propose to the Supreme People's Court leadership timely answers and guidance, aiming to improve the effectiveness of the Law's implementation.
b) Printing a guidebook on the application of the Law on Mediation and Dialogue in Courts
The Law on Mediation and Dialogue in Courts was passed by the 14th National Assembly of the Socialist Republic of Vietnam, 9th session, on May 16, 2020, and came into effect on January 1, 2021. Stemming from the demands of real-life situations and the importance of mediation and dialogue, the Law on Mediation and Dialogue in Courts was enacted to create a framework for building a new legal mechanism to encourage parties to resolve civil disputes and administrative complaints through mediation and dialogue in court.
With the support of the Japan International Cooperation Agency (JICA), the Working Group for the Implementation of the Law on Mediation and Dialogue in Courts has compiled and selected legal documents directly related to the application of the Law on Mediation and Dialogue in Courts, including codes, laws, decrees, resolutions, circulars, decisions, and professional guidance documents, to create the book: "Guidelines for the Application of the Law on Mediation and Dialogue in Courts". The book is compiled with the aim of disseminating and popularizing the Law on Mediation and Dialogue in Courts and guiding agencies, organizations, and individuals, especially court mediators, judges, investigators, court clerks, prosecutors, lawyers, and Other participants in mediation and dialogue at the Court will quickly and accurately refer to and apply the provisions of the Law on Mediation and Dialogue at the Court.
3. Other Activities
In addition to the two working groups mentioned above, to meet the requirements of judicial reform, Vietnamese courts need to refer to Japan's experience in several areas. Therefore, the Supreme People's Court has requested JICA's support for the following activities:
a) International Consultation Workshop on Juvenile Justice
On November 29, 2021, the Supreme People's Court organized a workshop on "International Consultation on Juvenile Justice" to ensure the proposal for the development of the "Junior Justice Law".
In recent years, the Vietnamese Government has made great strides in building and perfecting the juvenile justice system. However, there is still no unified, comprehensive, and specialized law to create a solid foundation for the juvenile justice system. The development of a new law to consolidate and replace all current legal regulations on juvenile justice would address the fragmentation.
Having a law on juvenile justice is a progressive and humane idea, helping to resolve cases involving minors quickly and ensuring their legal rights and interests. Therefore, the workshop was a practical and useful program, with participating experts demonstrating a high sense of responsibility towards juvenile justice. The experts' opinions showed the necessity of developing a law on juveniles to improve the efficiency of resolving cases related to minors. The Supreme People's Court highly appreciates the insightful and creative contributions, discussions, and initiatives from participating countries.
The workshop was successful, contributing to the revision and improvement of the draft Law. On November 30, 2024, the Law on Juvenile Justice was passed by the National Assembly and came into effect on January 1, 2026.
b) Workshop to gather feedback on the draft Resolution guiding some provisions of the Civil Procedure Code No. 92/2015/QH13 on the session for submitting, publicly accessing evidence and mediation
On March 8, 2022, the Supreme People's Court organized a workshop to gather feedback on the draft Resolution guiding some provisions of the Civil Procedure Code No. 92/2015/QH13 on the session for reviewing the submission, publicly accessing evidence and mediation.
The workshop was held in a hybrid format, combining in-person and online participation at various locations within the People's Court system. The 2015 Civil Procedure Code adds new regulations on the examination of the submission, access, and disclosure of evidence before the court decides to bring the case to trial. This regulation aims to ensure that evidence is made public (except in cases where public disclosure is prohibited) during the proceedings, guaranteeing the right to access documents and evidence in the case; and ensuring the public disclosure of the parties' requests and opinions. The hearing to examine the submission, access, and disclosure of evidence and mediation has played a crucial role in ensuring and improving the quality of litigation; and in guaranteeing the effectiveness of mediation in civil proceedings.
However, in practice, recent judicial proceedings have revealed several difficulties and shortcomings, with inconsistent interpretations and applications regarding the hearing for reviewing the submission, access, and disclosure of evidence and mediation, such as the deadline for amending and supplementing the lawsuit, submitting counterclaims and independent claims; the deadline for submitting documents and evidence; the timing, number, and content of the hearings. This has led to some cases where the hearings have not fully served their purpose, with parties intentionally concealing or delaying the submission of documents and evidence, thus prolonging the litigation process and affecting the effectiveness of the trial. To address these difficulties, the Supreme People's Court has drafted a Resolution of the Council of Judges of the Supreme People's Court guiding some provisions of the Civil Procedure Code No. 92/2015/QH13 on the session for reviewing the submission, access, and disclosure of evidence and mediation, aiming to overcome difficulties and inadequacies in the practical handling of civil disputes by the courts.
The Supreme People's Court organized a workshop to gather feedback from experts, legal scholars, and delegates. Representatives of foreign experts also shared Japan's experience on the content of submitting, accessing, and disclosing evidence and mediation sessions according to the Japanese civil procedure...
The Supreme People's Court highly appreciates the opinions and suggestions, which are very relevant to practice and provide a scientific basis for researching and perfecting the draft Resolution.
c) Workshop on the Model of People's Participation in Judicial Activities in Vietnam and Some Countries Around the World - Experiences for Vietnam
On the afternoon of March 16, 2022, in Hanoi, the Supreme People's Court organized a workshop on the topic "Introducing the Model of People's Participation in Judicial Activities in Vietnam and Some Countries Around the World - Experiences for Vietnam".
The delegates enthusiastically exchanged opinions and presented papers on the following topics: Introducing the model of people's participation in judicial activities in Japan; the institution of jury and people's assessors in some countries around the world and lessons learned for Vietnam; introducing the model of people's participation in judicial activities in South Korea and China; the American jury model; and introducing the institution of people's assessors in Vietnam.
Studies on jury and people's assessor systems in several countries around the world, focusing on the jury models of the United States, France, Russia, Japan, South Korea, and the people's assessor model of China, have provided valuable information and warrant further in-depth research for reference in the judicial reform process.
Vietnamese assessors are characterized by being outstanding representatives of the people, serving relatively long terms, and participating in trials in criminal, civil, and administrative fields. The Vietnamese people's assessor system has also been relatively stable for a long time. However, along with the judicial reform process, the people's assessor system also needs appropriate reforms. Studying international experience is crucial in learning from best practices suitable to Vietnam's circumstances in order to improve our people's assessor system.
d) Workshop on Teaching Methods and Training Programs of the Judicial Academy
On July 28, 2023, the Supreme People's Court, in coordination with the JICA Project Office, organized a workshop on teaching methods and training programs of the Judicial Academy in Can Tho City.
In recent years, the People's Courts of Vietnam have continuously improved professional training, ensuring a readily available pool of judges and training human resources for the future of the court system.
At the workshop, experts shared some ideas on enhancing the capacity of lecturers at the Judicial Academy; the content of teaching law subjects in general and the basic skills of judges, clerks, and investigators in the trial of cases under the jurisdiction of the courts. The delegates also contributed many useful ideas to enhance the knowledge of part-time and full-time lecturers, and to share experiences in developing curricula and training programs for each course, targeting different groups of learners, thereby strengthening the capacity of the Judicial Academy.
e) Organizing Study and Examination Delegations in Japan
- From November 10, 2025 to November 15, 2023, a high-level delegation from the Supreme People's Court, led by Politburo member, Central Committee Secretary, and Chief Justice of the Supreme People's Court Nguyen Hoa Binh, will visit and work in Tokyo, Japan. The purpose of the visit is to strengthen cooperative relations between the Supreme Courts of the two countries, and to exchange experiences on case law, research experiences to serve the development of the Juvenile Justice Law and mediation issues.
- From January 21, 2024 to January 30, 2024, a high-level delegation from the Supreme People's Court, led by Deputy Chief Justice Pham Quoc Hung, will visit and work in Japan. The purpose of the visit is to study Japan's Law on the Organization of Courts to support the completion of the draft Law on the Organization of People's Courts (amended), the methods of citing and applying precedents, and the issue of mediation.
- From April 13, 2025 to April 22, 2025, a delegation from the Supreme People's Court, led by Judge Dao Thi Minh Thuy, visited and worked in Japan. The purpose of the visit was to exchange information on mediation in court, citing and applying precedents, and experiences in resolving disputes concerning intellectual property rights, administrative matters, and bankruptcy.
The experience gained from the above-mentioned visits and surveys aims to enhance international knowledge and experience, while strengthening the capacity of Vietnamese judges and court officials.
II. Evaluation of Results
1. Advantages
- During the implementation of the Project, the Supreme People's Court received enthusiastic support from long-term and short-term experts and staff of the JICA Project Office. The activities carried out contributed to supporting the Supreme People's Court in performing its tasks of building and perfecting legislation; organizing law enforcement; and enhancing the capacity of judges and court staff. JICA experts with extensive experience and in-depth professional knowledge in each field have supported the Supreme People's Court of Vietnam in its judicial reform efforts.
+ Regarding support for the development of case law: The working group provided effective and practical support in building the case law system of the Supreme People's Court. The Supreme People's Court highly appreciates the contributions of Japanese experts in providing comments and suggestions on draft case law.
+ Regarding activities supporting the implementation of the Law on Mediation and Dialogue in Courts: Japanese experts have assisted the Supreme People's Court in providing experienced experts to share mediation skills in courts. This has strengthened the capacity of the mediation team.
- The project management team and project staff have many years of experience, high professional knowledge, and dedication to their work, contributing to the overall success of the Project.
2. Difficulties
In the initial stages of the Project implementation, the Covid-19 pandemic affected the implementation of activities. However, the Supreme People's Court and its partners actively and proactively coordinated to implement activities, ensuring maximum adherence to the schedule and compliance with the requirements of the Supreme People's Court.
The number of activities within the framework of the Project was limited, thus affecting the spread and replication of the Project's results.
III. Solutions for the Future
The project “Improving the Quality and Effectiveness of Lawmaking and Enforcement in Vietnam” for the period 2021-2025 will conclude on December 31, 2025. To strengthen cooperation between the two partners and support the improvement of the judicial and legal systems, the Supreme People's Court hopes to continue receiving the support of the Japanese Government in general and JICA in particular in implementing a new project. To overcome the aforementioned limitations, the Supreme People's Court proposes developing a new project with more activities, prioritizing those with long-term impact such as training high-quality human resources for the court system.
The above is the Report on the results of the implementation of the project “Improving the Quality and Effectiveness of Lawmaking and Enforcement in Vietnam” for the period 2021-2025, funded by JICA.
The Supreme People's Court of Vietnam expresses its sincere gratitude for the cooperation of the Government of Japan, JICA, and partner agencies.