Following the article on civil disputes under the jurisdiction of the Court, Lawnetr would like to introduce some new points in the jurisdiction to resolve disputes, requests regarding business, commerce, and labor under the jurisdiction of the Court in Vietnam.
Article table of contents
According to the Civil Procedure Code 2015, in addition to the changes in civil disputes, there are also new regulations on commercial, business, and labor disputes and requests in Vietnam (in bold).
“Article 30. Disputes over business and commerce under the jurisdiction of the Court
1. Disputes arising in business and commercial activities between individuals and organizations that are registered for business and have profit purposes.
2. Disputes over intellectual property rights, and technology transfer between individuals and organizations that have profit purposes.
*3. Disputes between non-company members but with transactions regarding the transfer of capital contributions with the company and company members.
*4. Disputes between the company and its members; disputes between the company and managers in a limited liability company, or members of the Board of Directors, directors, general directors in a joint-stock company, between company members related to the establishment, operation, dissolution, merger, consolidation, division, separation, asset handover of the company, converting company structure.
5. Other business and commercial disputes, except those under the jurisdiction of other agencies and organizations as prescribed by law.”
“Article 31. Requests over business and commerce under the jurisdiction of the Court
*1. Request to annul resolutions of the General Meeting of Shareholders or the Board of Members as prescribed by enterprise laws.
2. Request related to the settlement of disputes by the Vietnam Commercial Arbitration Center as prescribed by law on Commercial Arbitration.
*3. Request for the detention of airplanes or ships as prescribed by law on Vietnam civil aviation, and Vietnam maritime, except for detention cases to ensure the resolution of cases.
4. Request for the recognition and enforcement in Vietnam, or non-recognition of business and commercial judgments or decisions of foreign courts, or non-recognition of judgments or decisions of foreign courts without execution requirements in Vietnam.
5. Request for the recognition and enforcement in Vietnam of business and commercial awards of foreign arbitration.
6. Other requests over business and commerce, except those under the jurisdiction of other agencies and organizations as prescribed by law.”
“Article 32. Disputes over labor under the jurisdiction of the Court
1. Individual labor disputes between employees and employers must go through the mediation procedure of labor mediators, which was successfully mediated but the parties did not implement or implemented incorrectly, failed mediation, or not mediated within the time prescribed by law, except for the following labor disputes that are not required to go through the mediation procedure:
a) Disputes over disciplinary actions in the form of dismissal or disputes over unilateral termination of labor contracts;
b) Disputes over compensation, and allowances upon termination of labor contracts;
c) Disputes between domestic helpers and employers;
*d) Disputes over social insurance as prescribed by social insurance laws, disputes over health insurance as prescribed by health insurance laws, disputes over unemployment insurance as prescribed by employment laws, and disputes over labor accidents, occupational diseases as prescribed by safety and labor hygiene laws;
*đ) Disputes over compensation between the employee and the enterprise, public service provider sending employees to work abroad under contracts.
*2. Collective labor disputes over rights between the labor collective and employers as prescribed by labor laws have been resolved by the Chairman of the District People's Committee but the labor collective or employer disagrees with the decision or the Chairman of the District People's Committee has not resolved it within the prescribed time.
3. Disputes related to labor include:
a) Disputes over vocational training and apprenticeship;
b) Disputes over labor rental;
c) Disputes over trade union rights and trade union fees;
d) Disputes over labor safety and labor hygiene.
4. Disputes over compensation for damages due to illegal strikes.
5. Other labor disputes, except those under the jurisdiction of other agencies and organizations as prescribed by law.”
“Article 33. Requests over labor under the jurisdiction of the Court
*1. Request to declare labor contracts and collective labor agreements void.
*2. Request to judge the legality of the strike.
3. Request for the recognition and enforcement in Vietnam, or non-recognition of labor judgments or decisions of foreign courts, or non-recognition of labor judgments or decisions of foreign courts without execution requirements in Vietnam.
4. Request for the recognition and enforcement in Vietnam of labor awards of foreign arbitration.
5. Other labor requests, except those under the jurisdiction of other agencies and organizations as prescribed by law.”
“Article 34. Jurisdiction of the Court over individual decisions of agencies and organizations
1. When resolving civil cases, the Court has the authority to annul illegal individual decisions of agencies and organizations, or individuals in authority which infringe on the legitimate rights and interests of the litigants in the civil case that the Court has the duty to resolve.
2. Individual decisions as stipulated in Clause 1 of this Article are decisions issued on a specific issue and applied once to one or several specific subjects. In case a civil case is related to this decision, it must be considered by the Court in the same civil case.
*3. When considering annulling the decision stipulated in Clause 1 of this Article, the Court must involve the agency, organization, or individual in authority that issued the decision in the proceedings as a party with relevant rights and obligations.
Agencies, organizations, and individuals in authority that issued the decision must participate in the proceedings and present their opinions on the individual decision being considered for annulment by the Court.
*4. The jurisdiction of the Court to resolve civil cases involving the annulment of individual decisions as stipulated in Clause 1 of this Article is determined according to the relevant provisions of the Administrative Procedure Law on the jurisdiction of the district people's courts and provincial people's courts.
Quy Tan
