Legal basis

• Civil Procedure Code 2015
• Resolution 03/2012/NQ-HDTP guiding the provisions in the first part “General provisions” of the Civil Procedure Code, which was amended in accordance with the Law on Amending and Supplementing the Civil Procedure Code by the Council. Judges of the Supreme People’s Court issued.

Content

In principle, the district-level people’s courts have jurisdiction to settle disputes according to first-instance procedures for most civil cases falling under the civil jurisdiction of the courts, except for cases falling under the jurisdiction of the courts. provincial people. For cases of a complicated nature that require special professional and professional conditions for the court staff as well as conditions on technical means, on judicial entrustment with foreign countries or Cases where the settlement of the district-level people’s courts cannot ensure impartiality, will fall under the jurisdiction of the provincial-level people’s courts. Currently, the provisions in Articles 35 and 37 of the 2015 Civil Procedure Code on the division of jurisdiction of people’s courts at all levels also follow this principle.

Jurisdiction of People’s Courts of districts

According to Article 35 of the 2015 Civil Procedure Code, the jurisdiction of the People’s Courts of districts includes:

“1. People’s Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Disputes over civil matters, marriage and family, prescribed in Articles 26 and 28 of this Code;

b) Disputes over business/trade activities prescribed in clause 1 Article 30 of this Code;

c) Labor disputes prescribed in Article 32 of this Code.

People’s Courts shall have the jurisdiction to resolve the following petitions:

a) Civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code;

b) Petitions relating to marriage and family prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Article 29 of this Code;

c) Petitions relating to business/trade activities prescribed in clause 1 and clause 6 Article 30 of this Code;

d) Labor petitions prescribed in clause 1 and clause 5 Article 33 of this Code.

Disputes and petitions prescribed in Clauses 1 and 2 of this Article, which involve parties or properties in foreign countries or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas or to foreign courts/competent agencies, shall not fall under the jurisdiction of people’s Courts of districts, except for cases specified in clause 4 of this Article.

People’s Courts of districts where Vietnamese citizens reside shall be in charge of cancelling illegal marriage, settling divorce petitions and disputes pertaining to rights and obligations of spouses, parents and children, parents and children adoption and guardian relationship between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam according to provisions of this Code and other Vietnam’s law provisions”.

Thus, the district-level people’s courts are competent to settle the following disputes and requests:

• First, settle according to first-instance procedures the following disputes:

(i) civil, marriage and family (except Disputes over compensation for damage caused by the application of administrative deterrent measures in accordance with the provisions of the law on competition, except for the case of claims for damages); resolved in an administrative case – according to Article 26.7 of the Civil Procedure Code)

(ii) business, commerce

(iii) labor

• Second, deal with requests:

(i) Civil requirements (except requirements for recognition and enforcement in Vietnam)

(ii) Requirements on marriage and family (except for requests for recognition and enforcement in Vietnam or non-recognition of judgments and decisions on marriage and family of foreign courts or other competent agencies); rights of foreign countries or not to recognize judgments and decisions on marriage and family of foreign courts or other competent foreign agencies which are not required to be enforced in Vietnam)

(iii) Business and commercial requirements under Clauses 1 and 6, Article 31 of the Civil Procedure Code, including:

• Request annulment of resolutions of the General Meeting of Shareholders, resolutions of the Members’ Council in accordance with the law on enterprises, and
• Other business and commercial requirements, except for cases within the jurisdiction of other agencies or organizations as prescribed by law.

(iv) Labor requirements under Clauses 1 and 5, Article 33 of the Civil Procedure Code, including:

• Request to declare the labor contract, collective labor agreement invalid.
• Other requirements on labor, except for cases falling under the settlement competence of other agencies or organizations as prescribed by law.

• Thirdly, for the above disputes and requests, which involve the involved parties or assets in foreign countries or require judicial entrustment to the overseas Vietnamese consular offices or foreign courts, they are not subject to jurisdiction. jurisdiction of the district-level people’s courts.
• Fourth, for cases of illegal marriage annulment, divorce settlement, disputes over rights and obligations of husband and wife, parents and children, adoption of father, mother, child, adoption and Guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas with Vietnam is still under the jurisdiction of district-level people’s courts.

Jurisdiction of People’s Courts of provinces

According to Article 37 of the 2015 Civil Procedure Code, the jurisdiction of the People’s Courts of provinces includes:

“1. People’s Courts of provinces shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the district-level people’s Courts as provided for in Clause 1 and Clause 4 Article 35 of this Code;

b) Civil, marriage-and family-related, business, trade or labor petitions prescribed in Articles 27, 29, 31 and 33 of this Code, except for petitions falling under the jurisdiction of the district-level people’s Courts as prescribed in Clause 2 and Clause 4 Article 35 of this Code;

c) Disputes and petitions prescribed in Clause 3, Article 35 of this Code.

The People’s Courts of provinces shall have the jurisdiction to resolve according to first-instance procedures the civil cases falling under the jurisdiction of the People’s Courts of districts as provided for in Article 35 of this Code, which are taken up by the People’s Courts of provinces for settlement when necessary or at the request of People’s Courts of districts.”

Thus, the people’s courts of the province are competent to settle the following disputes and requests:

• Disputes over compensation for damage caused by the application of administrative preventive measures not in accordance with the provisions of the law on competition, except for cases where the claim for compensation is settled in an administrative case.
• Disputes over intellectual property rights, technology transfer between individuals and organizations, and all have profit purposes.
• Disputes between people who are not members of the company but have transactions on the transfer of contributed capital with the company or members of the company.
• Disputes between the company and its members; Disputes between the company and the manager in a limited liability company or a member of the Board of Directors, director or general director in a joint-stock company, between members of the company related to the establishment of a joint stock company. establishment, operation, dissolution, merger, consolidation, division, separation, handover of assets of the company, transformation of the organizational form of the company.
• Disputes, claims about civil, marriage, family, commercial business, labor that have litigants or assets abroad or require judicial entrustment to the representative agency of the Socialist Republic of Vietnam. overseas Vietnamese, for courts and competent agencies of foreign countries.
• Request recognition and enforcement in Vietnam or non-recognition of judgments and decisions on civil, marriage and family, business, commercial and labor matters of foreign courts; decisions on property in criminal or administrative judgments and decisions of foreign courts; request recognition and enforcement in Vietnam of business, commercial and labor awards of foreign arbitrators.
• In addition, the People’s Courts of provinces are competent to settle according to first-instance procedures civil cases falling under the jurisdiction of the district-level People’s Courts that the provincial-level People’s Courts themselves take up for settlement. when deeming it necessary or at the request of the district-level People’s Court

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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