All Disputes with Foreign Elements Shall be Resolved by the Provincial People's Court
All disputes with foreign elements are resolved by the Provincial People's Court
Based on Clauses 3 and 4 of Article 35 of the 2015 Civil Procedure Code, the regulations are as follows:
Disputes and requests stipulated in Clauses 1 and 2 of this Article, involving parties or assets abroad, or requiring judicial entrustment to the representative authorities of the Socialist Republic of Vietnam abroad, foreign courts, or competent authorities, fall outside the jurisdiction of the District People's Court, except as provided in Clause 4 of this Article.
The District People's Court where a Vietnamese citizen resides shall annul unlawful marriages, resolve divorces, disputes regarding the rights and obligations of husbands and wives, parents and children, custody claims, adoption, and guardianship between Vietnamese citizens residing in border areas with citizens of neighboring countries, also residing in border areas with Vietnam, as per this Code and other lawful provisions of Vietnam.
Thus, certain disputes between Vietnamese citizens residing in border areas with citizens of neighboring countries also residing in border areas with Vietnam will fall under the jurisdiction of the District People's Court.
Jurisdiction of the Provincial People's Court in resolving disputes
Based on Article 37 of this Code, the jurisdiction of the Provincial People's Court is as follows:
- The Provincial People's Court has jurisdiction to resolve the following cases in the first instance procedures:
a) Civil, marriage and family, business, commercial, and labor disputes regulated in Articles 26, 28, 30, and 32 of this Code, except for disputes under the jurisdiction of the District People's Court as stipulated in Clauses 1 and 4, Article 35 of this Code;
b) Requests regarding civil, marriage and family, business, commercial, and labor matters regulated in Articles 27, 29, 31, and 33 of this Code, except for requests under the jurisdiction of the District People's Court as stipulated in Clauses 2 and 4, Article 35 of this Code;
c) Disputes and requests stipulated in Clause 3, Article 35 of this Code.
- The Provincial People's Court has jurisdiction to resolve in the first instance procedures civil cases under the jurisdiction of the District People's Court as stipulated in Article 35 of this Code that the Provincial People's Court deems necessary to handle or upon the request of the District People's Court.
Respectfully!
