Jurisdiction of People’s Courts at all levels in Civil proceedings in Vietnam

Jurisdiction of People’s Courts at all levels in Civil proceedings in Vietnam (Internet image)

1. Jurisdiction of People’s Courts of districts in Vietnam

- People's Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

+ Disputes over civil matters, marriage and family, prescribed in Articles 26 and 28 of the Civil Procedure Code 2015;

+ Disputes over business/trade activities prescribed in clause 1 Article 30 of the Civil Procedure Code 2015;

+ Labor disputes prescribed in Article 32 of the Civil Procedure Code 2015.

- People's Courts shall have the jurisdiction to resolve the following petitions:

+ Civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of the Civil Procedure Code 2015;

+ Petitions relating to marriage and family prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Article 29 of the Civil Procedure Code 2015;

+ Petitions relating to business/trade activities prescribed in clause 1 and clause 6 Article 30 of the Civil Procedure Code 2015;

+ Labor petitions prescribed in clause 1 and clause 5 Article 33 of the Civil Procedure Code 2015.

- Disputes and petitions prescribed above, which involve parties or properties in foreign countries or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas or to foreign courts/competent agencies, shall not fall under the jurisdiction of people's Courts of districts, except for the following case.

- People’s Courts of districts where Vietnamese citizens reside shall be in charge of cancelling illegal marriage, settling divorce petitions and disputes pertaining to rights and obligations of spouses, parents and children, parents and children adoption and guardian relationship between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam according to provisions of this Code and other Vietnam’s law provisions.

(Article 35 of the Civil Procedure Code 2015)

2. Jurisdiction of People’s Courts of provinces in Vietnam

- People's Courts of provinces shall have the jurisdiction to settle according to first-instance procedures the following disputes:

+ Civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of the Civil Procedure Code 2015, except for disputes falling under the jurisdiction of the district-level people's Courts as provided for in Clause 1 and Clause 4 Article 35 of the Civil Procedure Code 2015;

+ Civil, marriage-and family-related, business, trade or labor petitions prescribed in Articles 27, 29, 31 and 33 of the Civil Procedure Code 2015, except for petitions falling under the jurisdiction of the district-level people's Courts as prescribed in Clause 2 and Clause 4 Article 35 of the Civil Procedure Code 2015;

+ Disputes and petitions prescribed in Clause 3, Article 35 of the Civil Procedure Code 2015.

- The People's Courts of provinces shall have the jurisdiction to resolve according to first-instance procedures the civil cases falling under the jurisdiction of the People's Courts of districts as provided for in Article 35 of the Civil Procedure Code 2015, which are taken up by the People's Courts of provinces for settlement when necessary or at the request of People’s Courts of districts.

(Article 37 of the Civil Procedure Code 2015)

Diem My

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