Vietnam: Does the dispute over an inherited land parcel without a land use right certificate fall under the jurisdiction of the district-level People's Court or the provincial-level People's Court?
- Do disputes over property inheritance fall under the jurisdiction of the Court in Vietnam?
- What are the disputes falling under the jurisdiction of People’s Courts of districts in Vietnam?
- What are the regulations on the jurisdiction of Courts over particular decisions of agencies/organizations in Vietnam?
- What are the regulations on the jurisdiction of the Provincial-level Court under the Law on Administrative Procedures in Vietnam?
- Does an inherited land parcel without a land use right certificate fall under the jurisdiction of the district-level People's Court or the provincial-level People's Court?
Do disputes over property inheritance fall under the jurisdiction of the Court in Vietnam?
Pursuant to Clause 5, Article 26 of the Civil Procedure Code 2015 stipulates that disputes over property inheritance are civil disputes falling under the court's jurisdiction.
What are the disputes falling under the jurisdiction of People’s Courts of districts in Vietnam?
Pursuant to Clause 1, Article 35 of the 2015 Civil Procedure Code as follows:
Section 35. Jurisdiction of People’s Courts of districts
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.
What are the regulations on the jurisdiction of Courts over particular decisions of agencies/organizations in Vietnam?
Pursuant to Article 34 of the 2015 Civil Procedure Code as follows:
Article 34. Jurisdiction of Courts over particular decisions of agencies/organizations
1. When resolving civil cases, the Courts may revoke particular decisions of agencies or organizations or competent persons of such agencies or organizations in particular cases which are obviously unlawful, infringing upon the rights and legitimate interests of involved parties in these civil cases.
2. Particular decisions specified in clause 1 of this Article are decisions on particular matters that have been issued and applied once to one or a number of particular entities. If the civil cases are related to such decisions, they must be considered in such the same civil cases by the courts.
3. When considering repealing decisions specified in clause 1 of this Article, the Courts shall invite agencies, organizations or competent persons that have issued such decisions to participate in the procedures in the capacity as person with relevant interests and duties.
Agencies, organizations, competent persons who have issued the decisions must participate in the procedures and present their opinions about the particular decisions repealed by the courts.
4. Competence of Courts in charge of civil cases subject to considering the repealing of particular decisions specified in clause 1 of this Article shall be determined according to corresponding provisions in the Law on administrative procedures about competence of People’s Courts of districts/provinces.
What are the regulations on the jurisdiction of the Provincial-level Court under the Law on Administrative Procedures in Vietnam?
Pursuant to Article 32 of the 2015 Law on Administrative Procedures (Clause 7 of this Article is supplemented by Clause 7, Article 2 of the 2019 Law on Amendments to Law on State Audit Office) as follows:
- Lawsuits over administrative decisions or acts of ministries, ministerial-level agencies, government-attached agencies, the Presidential Office, the National Assembly Office, the State Audit Office of Vietnam, the Supreme People’s Court and the Supreme People’s Procuracy, and administrative decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits;
- Lawsuits over administrative decisions or acts of state agencies among those specified in Clause 1 of this Article, and administrative decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits;
- Lawsuits over administrative decisions or acts of provincial-level state agencies within the same administrative boundaries with the courts and of competent persons in these state agencies;
- Lawsuits over administrative decisions or acts of district-level People’s Committees and district-level People’s Committee chairpersons within the same administrative boundaries with the courts;
- Lawsuits over administrative decisions or acts of overseas representative missions of the Socialist Republic of Vietnam or of competent persons in these missions, which are filed by plaintiffs whose places of residence are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence in Vietnam, the People’s Court of Hanoi city or Ho Chi Minh City has jurisdiction to settle these lawsuits;
- Lawsuits over disciplinary decisions on dismissal issued by heads of provincial-level agencies or organizations, ministries or central agencies, which are filed by plaintiffs whose workplaces by the time of disciplining are located within the same administrative boundaries with the courts;
- Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases and decisions to settle complaints about governmental auditing activities, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts;
- When necessary, provincial-level courts may pick up lawsuits under jurisdiction of district-level courts for settlement under Article 31 of this Law.
Thus, for lawsuits against administrative decisions, administrative acts of the district-level People's Committee or chairperson of district-level People's Committee are located within the same administrative boundaries with the courts.
Does an inherited land parcel without a land use right certificate fall under the jurisdiction of the district-level People's Court or the provincial-level People's Court?
Pursuant to subsection 7 Section IV of Official Dispatch 02/TANDTC-PC 2021, the answer of the above case is as follows: in case the litigant initiates a lawsuit to request the division of the inheritance and does not request to annul the land use right certificate; pursuant to Clause 5, Article 26 and Clause 1, Article 35 of the Civil Procedure Code, the case falls under the jurisdiction of the district-level People's Court.
In case the litigant initiates a lawsuit to request the division of the inheritance and requests to annul the land use right certificate; pursuant to Article 34 of the Civil Procedure Code, the case falls under the jurisdiction of the provincial-level People's Court.
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