The Civil Procedure Code (CPC) 2015 took effect on July 1, 2016, along with many other laws such as the Civil Code, the Criminal Code, the Criminal Procedure Code, etc.
Article table of contents
The new regulations of BLTTDS 2015 cover many issues. Below are some new points regarding the jurisdiction of the Court (the bold parts indicate new points in the Law).
“Article 26. Civil disputes under the jurisdiction of the Court
1. Disputes concerning Vietnamese nationality between individuals.
2. Disputes concerning ownership and other rights related to properties.
3. Disputes concerning civil transactions, civil contracts.
4. Disputes concerning intellectual property rights, technology transfer, except as stipulated in Clause 2, Article 30 of this Code.
5. Disputes concerning inheritance of properties.
6. Disputes concerning compensation for non-contractual damages.
7. Disputes concerning compensation for damages caused by improper application of administrative preventive measures under the competition law, except for cases where compensation claims are resolved in administrative cases.
8. Disputes concerning the exploitation and use of water resources, discharge into water sources as stipulated by the Law on Water Resources.
9. Land disputes as stipulated by the Law on Land; disputes concerning ownership rights, rights to use forests as stipulated by the Law on Forest Protection and Development.
10. Disputes related to journalistic operations as stipulated by the Law on Journalism.
11. Disputes related to invalidation of notarized documents.
12. Disputes related to assets being enforced for judgment as stipulated by the Law on Civil Judgment Execution.
13. Disputes concerning results of asset auctions, payment of costs for registering to purchase auctioned assets as stipulated by the Law on Civil Judgment Execution.
14. Other civil disputes, except those within the jurisdiction of other agencies, organizations as stipulated by law.”
“Article 27. Civil requests under the jurisdiction of the Court
1. Requests for the declaration or annulment of decisions declaring individuals as lacking civil act capacity, having limited civil act capacity, or having difficulties in cognition, behavior control.
2. Requests for notice to seek persons who are absent from their residences and management of their properties.
3. Requests for the declaration or annulment of decisions declaring individuals as missing.
4. Requests for the declaration or annulment of decisions declaring individuals as dead.
5. Requests for the recognition and enforcement in Vietnam, or non-recognition of civil judgments, decisions about properties in foreign courts' criminal or administrative judgments or decisions, or non-recognition of civil judgments, decisions about properties in foreign courts' criminal or administrative judgments or decisions that are not required to be enforced in Vietnam.
6. Requests for the declaration of notarized documents as invalid.
7. Requests for the recognition of out-of-court mediation results.
8. Requests for the declaration of ownerless property within Vietnamese territory, recognition of property rights for those managing such property within Vietnamese territory according to Point d, Clause 2, Article 470 of this Code.
9. Requests for determination of ownership, usage rights to property, division of common property for judgment execution and other requests as stipulated by the Law on Civil Judgment Execution.
10. Other civil requests, except those within the jurisdiction of other agencies, organizations as stipulated by law.”
“Article 28. Marriage and family disputes under the jurisdiction of the Court
1. Divorce, disputes over child custody, division of property upon divorce; division of property after divorce.
2. Disputes over division of common property between husband and wife during marriage.
3. Disputes over changing the direct caregiver of children after divorce.
4. Disputes over determining parents for children or determining children for parents.
5. Disputes over alimony.
6. Disputes over assisted reproductive techniques, surrogacy for humanitarian purposes.
7. Disputes over child custody, division of property between men and women living together as husband and wife without marriage registration or when illegal marriage is annulled.
8. Other disputes concerning marriage and family, except those within the jurisdiction of other agencies, organizations as stipulated by law.”
“Article 29. Marriage and family requests under the jurisdiction of the Court
1. Requests for annulment of illegal marriages.
2. Requests for recognition of consensual divorce, agreement on child custody, division of property upon divorce.
3. Requests for recognition of parents' agreements on changing the direct caregiver of children after divorce or recognition of such changes made by agencies, organizations, individuals as stipulated by the Law on Marriage and Family.
4. Requests for restriction of parents' rights to minor children or visitation rights after divorce.
5. Requests for termination of child adoption.
6. Requests related to surrogacy as stipulated by the Law on Marriage and Family.
7. Requests for recognition of agreements that terminate the effectiveness of division of common property during marriage implemented as per judgments, decisions of the Court.
8. Requests for declaration of invalid agreements on policies concerning marital property as stipulated by the Law on Marriage and Family.
9. Requests for the recognition and enforcement in Vietnam, or non-recognition of foreign courts' judgments, decisions concerning marriage and family, or decisions of other competent foreign agencies, or non-recognition of foreign courts' judgments, decisions concerning marriage and family, or decisions of other competent foreign agencies that are not required to be enforced in Vietnam.
10. Requests for determining parents for children or determining children for parents as stipulated by the Law on Marriage and Family.
11. Other requests concerning marriage and family, except those within the jurisdiction of other agencies, organizations as stipulated by law.”
Quy Tan
To be continued…
