Digital Court Procedures Under Resolution No. 01/2026/NQ-HDTP

Introduction

On 15 January 2026, the Judicial Council of the Supreme People's Court of Vietnam issued Resolution No. 01/2026/NQ-HDTP ("Resolution 01"), providing comprehensive guidance on the conduct of litigation procedures and judicial administrative procedures in the digital environment at People's Courts. Resolution 01 took effect on 1 March 2026 and supersedes Resolution No. 04/2016/NQ-HDTP, which had governed the submission and service of documents by electronic means under the civil and administrative procedure codes.

Resolution 01 represents a significant step in Vietnam's broader digital transformation agenda, extending the scope of permissible electronic court interactions to cover virtually all stages of litigation. Key areas addressed include electronic filing, service of process, fee payment, online hearings, and the storage and exchange of case records in digital form.

Key Provisions

1.Scope and General Principles

Resolution 01 applies to courts, agencies, organisations, and individuals conducting the following court procedures through digital means:

Filing petitions, requests, appeals, complaints, denunciations;
Submitting documents and evidence;
Service and notification of court documents;
Payment of court fees, provisional fees, and litigation costs;
Online hearings and sessions;
Issuance of extracts and copies of court judgments and decisions; and
Digitisation, storage, and exchange of case files between courts.

A foundational principle is that digital court procedures carry the same legal validity as their paper-based equivalents. Parties who elect to conduct proceedings digitally are generally bound by that choice for the duration of the case and may only revert to paper-based procedures with the court's approval on reasonable grounds.

2.Electronic Accounts, Signatures, and Authentication

To participate in digital court procedures, parties must register an electronic transaction account on the Court Public Service System or the National Public Service Portal. The following authentication methods are available:

Electronic signatures: Courts and state authorities must use official digital signatures. Private parties may use a secure dedicated electronic signature or a digital certificate, both of which carry the same legal effect as a handwritten signature.
Alternative authentication: As an alternative to electronic signatures, parties may authenticate via one-time password (OTP) through SMS or mobile app, biometric verification, hardware security tokens, or the national digital identity application (VNeID).

3.Electronic Filing and Service of Documents

Filing: Petitions, requests, and supporting documents are submitted through the Court Public Service System. The filing date is the date the system confirms successful receipt. The system automatically checks technical requirements and sends an acknowledgement. The court must notify the party of acceptance or request for amendment within eight (8) working hours of the system recording receipt.
Service of documents: Court documents (summons, decisions, notifications) are delivered to the party's registered electronic account. Deemed service occurs when the data message enters the recipient's designated information system. Parties are responsible for regularly checking their electronic accounts and bear the consequences of failing to do so.
Evidence submission: Electronic evidence and documents are accepted without requiring originals, unless the court has grounds to suspect tampering or incompleteness. Documents already digitised and accessible via connected government databases need not be re-submitted. Physical evidence and audio-visual materials that cannot be converted to data messages must still be submitted in person.

4.Online Payment of Court Fees

Court fees, provisional fees, and litigation costs may be paid online through the Court Public Service System, the National Public Service Portal, or other lawful electronic payment methods. Electronic payment receipts issued by banks or payment intermediaries (bearing a digital signature) have the same legal validity as paper receipts. The date of submission of payment proof is the date the Court Public Service System confirms successful payment.

5.Online Hearings and Sessions

Courts may conduct hearings and procedural sessions online in accordance with existing rules on online trials and Supreme Court guidance. Notice of online hearings, together with participation requirements, is sent to parties via the Court Public Service System, National Public Service Portal, SMS, or VNeID. Parties are responsible for maintaining the confidentiality of their login credentials and meeting technical requirements during proceedings.

6.System Outages and Contingency

If a system outage cannot be resolved within three (3) working days, parties must revert to paper-based procedures. Downtime periods notified by the court are treated as objective obstacles and are excluded from procedural time limits, providing parties with protection against lost deadlines due to technical failures beyond their control.

7.Electronic Records and Data Sharing

Electronic case files, evidence, and court decisions have the same archival validity as paper records and are stored for the same retention periods. The Supreme People's Court will connect the Court Public Service System with national and sectoral databases to facilitate data sharing and reduce duplication. Sensitive data classified as state secrets is shared under applicable security legislation.

Conclusion

Resolution 01 marks a substantive shift in the way Vietnamese courts handle litigation, moving from a predominantly paper-based system toward an integrated digital framework. For litigants, the practical implications are significant: electronic filing, service, and fee payment are now fully recognised legal alternatives to traditional methods, with equivalent legal force.

This newsletter provides a general update and does not constitute specific legal advice. For further information, please contact: hanoi@duongtran.vn.