Article 187 of the Civil Procedure Code provides for cases where agencies and organizations may initiate civil lawsuits to protect the lawful rights and interests of others, public interests, and State interests. Under this provision, state management agencies and social organizations are authorized to initiate lawsuits within their respective fields of management. However, in practice, these entities have yet to fully exercise this role.
To address the issue of “no plaintiff” and strengthen the mechanism for protecting the civil rights of vulnerable groups as well as safeguarding public interests in key areas such as the environment, land, public assets, food safety, and consumer rights, on June 24, 2025, the National Assembly passed Resolution No. 205/2025/QH15 on piloting the People's Procuracy’s authority to initiate civil lawsuits to protect the civil rights of vulnerable groups or public interests (hereinafter referred to as “Public Interest Civil Lawsuits”) (“Resolution 205”). Below are the key highlights as updated by ATA Legal Services:
1. Definition of Public Interest Civil Lawsuits
These are civil lawsuits initiated to protect:
-
Vulnerable groups, including: children, the elderly, persons with disabilities, pregnant women or women raising children under 36 months of age, persons with cognitive difficulties, persons lacking civil act capacity, and ethnic minorities residing in specially difficult areas as defined by law.
-
The civil rights of vulnerable groups encompass both personal and property rights.
-
-
Public interest groups, including: public interests and State interests in the fields of public investment; land, natural resources and other public assets; environment and ecosystems; cultural heritage; food and drug safety; and consumer rights protection.
2. Cases within the People’s Procuracy’s authority to initiate Public Interest Civil Lawsuits
The People’s Procuracy may initiate lawsuits in cases where no individual or organization has done so, including:
-
Where no agency, organization, or individual has been assigned the right or responsibility to initiate lawsuits under the law;
-
Where the law assigns such right or responsibility, but the authorized agency, organization, or individual fails to initiate a lawsuit.
The People’s Procuracy shall only proceed after investigating and verifying the violation, confirming that it has caused harm to the civil rights of the groups mentioned in Section 1, and notifying or recommending that authorized agencies, organizations, or individuals initiate lawsuits as prescribed. If no plaintiff comes forward, the People’s Procuracy may then file the lawsuit.
3. Distinctive features of Public Interest Civil Lawsuits
-
The People’s Procuracy is permitted to use various information sources to initiate lawsuits, including media reports and public opinion. Additionally, agencies, organizations, and individuals (even if not directly affected) may submit information requesting the People’s Procuracy to consider and address violations.
-
Vulnerable group members whose civil rights have been infringed or their legal representatives may request that no lawsuit be initiated. In such cases, the People’s Procuracy will cease its investigation and verification.
-
Courts are obliged to accept petitions filed by the People’s Procuracy, and heads of judgment enforcement agencies must proactively enforce effective judgments in Public Interest Civil Lawsuits.
-
For lawsuits protecting public interests, conciliation is not allowed, and defendants may not file counterclaims.
It is expected that the introduction of Resolution 205 will enhance the protection of the rights of vulnerable individuals/groups and public interests more effectively.
Resolution 205 will take effect for three years from January 1, 2026 to December 31, 2028 and will be piloted in six localities: Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh, and Dak Lak. At the time Resolution 205 expires, any ongoing Public Interest Civil Lawsuits initiated under its provisions will continue until the relevant court judgments or decisions are fully enforced.
Comment: