Legal basis

• Civil Procedure Code 2015
• Labor Code 2019

Content

The Court’s jurisdiction over civil cases is determined by case, territory, trial level, and choice. Within the scope of this article, we will refer to the jurisdiction of the Court according to the case. According to Article 26, Article 28, Article 30 and Article 32 of the 2015 Civil Procedure Code, respectively, the Court has jurisdiction to adjudicate disputes about (i) civil, (ii) marriage and family; (iii) business and commerce, (iv) labor and labor-related. The content of these disputes will be mentioned as below:

Civil disputes falling under the courts’ jurisdiction

• Disputes over the Vietnamese nationality among individuals.
• Disputes over property ownership and other rights over property.
• Disputes over civil transactions, civil contracts.
• Disputes over intellectual property rights, technology transfers, except for the cases prescribed in Clause 2, Article 30 of this Code.
• Disputes over property inheritance.
• Disputes over compensation for non-contractual damage.
• Disputes over compensation due to the application of administrative preventive measures unconformable to law regulations on competition, excluding compensation claims that have been settled in administrative lawsuits.
• Disputes over the development and utilization of water resources and the waste discharge to water as prescribed in the Law on water resources.
• Disputes over land according to legislation on land; disputes over the right to forest ownership/enjoyment according to regulations in the Law on forest protection and development.
• Disputes relating to the professional press operation under law on press.
• Disputes relating to petitions for declaration of notarized documents to be invalid.
• Disputes relating to properties forfeited to enforce judgments in accordance with the law on enforcement of civil judgments.
• Disputes over property auction results and payment of expenses for registration to buy property through auction in accordance with the law on enforcement of civil judgment.
• Other civil disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Marriage and family-related disputes falling under the courts’ jurisdiction

• Divorces, disputes over child-rearing or property division upon divorces; post-divorce division.
• Disputes over division of spousal common property during their marriage.
• Disputes over the change of post-divorce child custodian.
• Disputes overdetermination of fathers or mothers for children; or determination of children for fathers or mothers.
• Disputes over alimonies.
• Disputes over childbirth using the childbirth assistance technique or surrogacy for humanitarian reasons.
• Disputes over child custodian, division between couples living like husbands and wives without marriage registration or between spouses illegally cancel the marriage registration.
• Other disputes relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Business and/or trade disputes falling under the courts’ jurisdiction

• Disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits.
• Disputes over intellectual property rights or technology transfers among individuals or organizations, which are all for the purposes of profits.
• Disputes between persons who are not members of a company but involve in transactions in the transfer of capital holding and the company and/or its members.
• Disputes between a company and its members; disputes between a limited liability company and its manager or between a joint-stock company and members of its Board of Directors, its Director or its General Director, or among members of a company regarding the establishment, operation, dissolution, merger, consolidation, total division, partial division, property transfer and/or organizational transformation of the company.
• Other civil disputes relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

 Labor disputes falling under the courts’ jurisdiction

• Individual labor disputes between employees and employers, which have been mediated through mediation procedures of labor mediators but the involved parties fail to comply with mediation results, or which cannot be mediated or are not mediated within the law- established time limit, except the following disputes which must not necessarily be mediated through mediation procedures:

a) Disputes over labor discipline in the form of dismissal or over cases of unilateral termination of labor contracts;

b) Disputes over damage compensation or over benefit policy upon termination of labor contracts;

c) Disputes between household servants and their employers;

d) Disputes over social insurance as prescribed in-laws on social insurance, over health insurance as prescribed in-laws on health insurance, over unemployment insurance as prescribed in-laws on employment or over occupational accident insurance and occupational diseases as prescribed in-laws on labor hygiene and safety;

dd) Disputes over damage compensation between laborers and enterprises or non-business organizations sending laborers to work overseas under contracts.

• Individual labor disputes between employees and their employers shall be settled through mediation by labor mediators unless the mediation is unsuccessful, the parties do not adhere to the agreements specified in the successful mediation record, or the mediation is not initiated by the labor mediator by the deadline prescribed by labor laws, or the labor dispute is:

a) over dismissal for disciplinary reasons or unilateral termination of an employment contract;

b) over compensation and allowances upon the termination of an employment contract;

c) between a domestic worker and his/her employer;

d) over social insurance in accordance with social insurance laws; over health insurance in accordance with health insurance laws; over unemployment insurance in accordance with employment laws; over insurance for occupational accidents and occupational disease in accordance with occupational safety and health laws;

dd) over damages between an employee and the organization that dispatches the employee to work overseas under a contract;

e) between the outsourced worker and the client enterprise.

• In case both parties agree to bring an individual labor dispute to a Labor Arbitration Council but an arbitral tribunal is not established by the deadline prescribed by labor laws, the arbitral tribunal does not issue a decision on dispute settlement or a party does not adhere to the decision issued by the arbitral tribunal, the dispute may be brought to Court.
• In case a right-based collective labor dispute has been undertaken by a labor mediator but the mediation is unsuccessful, a party does not adhere to the successful mediation record, or the mediation is not initiated by the labor mediator by the deadline prescribed by labor laws, the dispute may be brought to Court.
• In case both parties agree to bring a right-based collective labor dispute to a Labor Arbitration Council but an arbitral tribunal is not established by the deadline prescribed by labor laws, the arbitral tribunal does not issue a decision on dispute settlement or a party does not adhere to the decision issued by the arbitral tribunal, the dispute may be brought to Court.”;

• Labor disputes include:

a) Disputes over vocational training and practice;

b) Disputes over labor outsourcing;

c) Disputes over rights relating to trade union, trade union expenditure;

d) Disputes over labor safety and labor hygiene.

• Disputes over compensation for an illegal strike.
• Other labor disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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