In what cases are involved parties entitled to re-submit the petitions in Vietnam?

In what cases are involved parties entitled to re-submit the petitions in Vietnam?

In what cases are involved parties entitled to re-submit the petitions in Vietnam? Reader Huong Ha, email address Hahuong254****@gmail.com asked: I filed a lawsuit over a divorce property dispute. But I don't understand why the Court returned my petition twice already. Let me ask: In what cases are involved parties entitled to re-submit the petitions in Vietnam? And what legal documents regulate this? I hope you can help me answer. Thank you!

Reply:

3. Involved parties may re-submit the petitions in the following cases:

a) The litigators have fully had civil procedure act capacity;

b) The petitions for divorces, for change in child adoption, change of alimony levels or damage compensation levels, or petitions for change of property manager, change of inherited-property manager, change of guardian or cases of the reclaim of leased or lent properties or houses leased, lent or offered for other people's free-of-charge stay have not been recognized by Court and are eligible for re-initiation of lawsuits as prescribed by law;

c) Requirements for initiating lawsuits have been fully satisfied;

d) Other cases prescribed by law.

(Clause 3, Article 192 of the 2015 Civil Procedure Code)

Above is the response of us about involved parties may re-submit the petitions in civil proceedings in Vietnam as stipulated in the 2015 Civil Procedure Code. Please refer to the document. This is for better understanding.

In what cases are involved parties entitled to re-submit the petitions in Vietnam? (Image from the Internet)

If I have a dispute at a branch, can I file a petition at the Court where the branch is located in Vietnam?

I have signed a contract to buy and sell goods with a company branch in Hung Yen, this company is headquartered in Hanoi. However, the company violated the contract, causing me to lose a lot of money. I am currently filing a lawsuit and I want to file it at that company's branch court or do I have to file it at the Hanoi headquarters?

Reply:

Pursuant to Point b, Clause 1, Article 40 of the 2015 Civil Procedure Code, regulations on the Court's jurisdiction according to the choice of the plaintiff or requester are as follows:

1. The plaintiffs shall have the right to select Courts for resolution of civil, marriage and family-related, business, trade or labor disputes in the following cases:

a) If the plaintiff does not know where the defendant resides or works or where his/her head-office is located, the plaintiff may petition the Courts of the area where the defendant last resides or works or where the head-office of the defendant is last located or where the defendant' properties are located to settle the case;

b) If the dispute arises from the operation of a branch of an organization, the plaintiff may petition the Court of the area where the organization's head-office is located or where its branch is located to settle it;

Thus, for disputes arising from the branch, you can file a lawsuit at the Court where the branch operates in Vietnam.

Where to file a petition for a labor dispute in Vietnam?

Where to file a petition for a labor dispute in Vietnam? I want to ask the court to resolve the dispute over salary payment between me and company X but don't know where to apply? I hope you can advise me.

Reply:

According to Clause 1, Article 39 of the 2015 Civil Procedure Code, regulations on territorial jurisdiction of Courts

1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:

a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

b) The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

c) Disputes over real estates must be settled by Courts where such real estates are located.

Therefore, in this case, your dispute is a labor dispute, you can file an application at the district people's court where company X is headquartered in Veitnam.

Besides, you and company X can enter into a written agreement to request the court of your residence to resolve this labor dispute in Vietnam.

Above is advice on where to apply to resolve labor disputes. You can see more at the 2015 Civil Procedure Code to better understand.

Best regards!