Civil disputes falling under the courts' jurisdiction in Vietnam

Civil disputes falling under the courts' jurisdiction in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Civil disputes falling under the courts' jurisdiction in Vietnam

Civil disputes falling under the courts' jurisdiction in Vietnam under Article 26 of the Civil Procedure Code 2015 are as follows:

- Disputes over the Vietnamese nationality among individuals.

- Disputes over property ownership and other rights over property.

- Disputes over civil transactions, civil contracts.

- Disputes over intellectual property rights, technology transfers, except for the cases prescribed in Clause 2, Article 30 of this Code.

- Disputes over property inheritance.

- Disputes over compensation for non-contractual damage.

- Disputes over compensation due to the application of administrative preventive measures unconformable to law regulations on competition, excluding compensation claims that have been settled in administrative lawsuits.

- Disputes over the development and utilization of water resources and the waste discharge to water as prescribed in the Law on water resources.

- Disputes over land according to legislation on land; disputes over the right to forest ownership/enjoyment according to regulations in the Law on forest protection and development.

- Disputes relating to the professional press operation under law on press.

- Disputes relating to petitions for declaration of notarized documents to be invalid.

- Disputes relating to properties forfeited to enforce judgments in accordance with the law on enforcement of civil judgments.

- Disputes over property auction results and payment of expenses for registration to buy property through auction in accordance with the law on enforcement of civil judgment.

- Other civil disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

2. Civil petitions falling under the courts' jurisdiction in Vietnam

Civil petitions falling under the courts' jurisdiction in Vietnam under Article 27 of the Civil Procedure Code 2015 are as follows:

- The petition for declaration or revocation of a decision on declaration of a legally incapacitated person, person with limited capacity of exercise or a person with limited cognition or behavior control.

- The petition for announcement of the search of persons who are absent from their residential places and the management of their properties.

- The petition for declaration or revocation of decision on declaration of a person’s missing.

- The petition for declaration or revocation of decision on declaration of a person’s death.

- The petition for recognition and enforcement in Vietnam or non-recognition of civil judgments or decisions, or decisions on properties in criminal or administrative judgments or decisions of foreign Courts or not to recognize civil judgments or decisions, or decisions on properties in criminal or administrative judgments or decisions of foreign courts, which are not requested to be enforced in Vietnam.

- The petition for declaration of notarized documents to be invalid.

- The petition for recognition of the successful out-of-Court mediation.

- The petition for recognition of property within Vietnam’s territory to be ownerless and for recognition of the ownership of the persons managing such ownerless property within Vietnam’s territory according to regulations in point e clause 2 Article 470 of this Code.

- The petition for determination of property ownership and use rights, division of common properties for enforcement of judgments in accordance with regulations in the Law on enforcement of civil judgments.

- Other civil petitions, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE