What business and/or trade disputes are under the courts' jurisdiction in Vietnam?
What business and/or trade disputes are under the courts' jurisdiction in Vietnam? What are regulations on jurisdiction of courts selected by plaintiffs or petitioners in Vietnam? What are rights and obligations of appointing representatives in civil procedures in Vietnam?
What business and/or trade disputes are under the courts' jurisdiction in Vietnam?
What business and/or trade disputes are under the courts' jurisdiction in Vietnam? Thank you!
Answer:
Pursuant to Article 30 of the Civil Procedure Code in 2015 stipulating business and/or trade disputes under the courts' jurisdiction in Vietnam as follows:
1. Disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits.
2. Disputes over intellectual property rights or technology transfers among individuals or organizations, which are all for the purposes of profits.
3. Disputes between persons who are not members of a company but involve in transaction in transfer of capital holding and the company and/or its members.
4. 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, merge, consolidation, total division, partial division, property transfer and/or organizational transformation of the company.
5. Other civil disputes relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.
Above are business and/or trade disputes under the courts' jurisdiction in Vietnam. You may refer to the Civil Procedure Code in 2015 to have better understanding about this matter.
What are regulations on jurisdiction of courts selected by plaintiffs or petitioners in Vietnam?
What are regulations on jurisdiction of courts selected by plaintiffs or petitioners in Vietnam? Thank you!
Answer:
Pursuant to Article 40 of the Civil Procedure Code in 2015 stipulating jurisdiction of courts selected by plaintiffs or petitioners in Vietnam 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;
c) If the defendant does not have residence place, work place or head-office in Vietnam or the case is related to disputes over alimonies, the plaintiff may petition the Court of the area where he/she resides or works to settle the case;
d) If the dispute is over compensation for non-contractual damage, the plaintiff may petition the Court of the area where he/she resides, works or where his/her headquarter is located or where the damage is caused to settle the case;
dd) If the dispute is over compensation for damage or allowance upon termination of a labor contract, over social insurance, the rights and/or interests in relation to job, wages, income and other working conditions for the laborers, the plaintiff being a laborer may petition the Court of the area where he/she resides or works to settle it;
e) If the dispute arises from the employment of labor by a sub-contractor or a mediator, the plaintiff may petition the Court of the area where his/her actual employer resides, works or is headquartered or where the sub-contractor or the mediator resides or works to settle it;
g) If the dispute arises from a contractual relation, the plaintiff may petition the Court of the area where the contract is performed to settle the case;
h) If the defendants reside, work or are headquartered in different places, the plaintiff may petition the Court of the area where one of the defendants resides or works or is headquartered to settle the case;
i) If the dispute is over immovables which exist in different localities, the plaintiff may request the Court of the area where one of such immovables exist to settle the dispute.
2. The petitioners may select Courts to settle their marriage and family-related petitions in the following cases:
a) Regarding civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code, the petitioners may ask the Courts of the areas where they reside, work or are headquartered to resolve them;
b) Regarding petitions for revocation of illegal marriages provided for in Clause 1 Article 29 of this Code, the requesters may ask the Courts of the areas where an involved party of illegal marriage registration resides to resolve them;
c) Regarding petitions for restriction of rights of fathers or mothers towards their minor children or their right to visit the children after the divorces, the petitioners may ask the Courts of the areas where the children reside to resolve them.
Above are regulations on jurisdiction of courts selected by plaintiffs or petitioners in Vietnam. You may refer to the Civil Procedure Code in 2015 to have better understanding about this matter.
What are rights and obligations of appointing representatives in civil procedures in Vietnam?
Hello Lawnet. My name is Hoa Binh. I am a worker in Ho Chi Minh City. Currently, I am involved in a lawsuit. I want to ask what are rights and obligations of appointing representatives in civil procedures in Vietnam? Thank you!
Answer:
Pursuant to Clause 1, Article 88 of the Civil Procedure Code in 2015 stipulating appointing representatives in civil procedures in Vietnam as follows:
While civil procedures are conducted, if any involved party is the minor persons, legally incapacitated persons, persons with limited capacity of exercise, persons with limited cognition or behavior control but has no representative or his/her representative at law falls into one of the cases specified in Clause 1, Article 87 of this Code, the Court must appoint the representative to participate in the proceedings at courts.
Above are rights and obligations of appointing representatives in civil procedures in Vietnam. You may refer to the Civil Procedure Code in 2015 to have better understanding about this matter.
Best regards!
