Marriage-and family-related petitions falling under the courts' jurisdiction in Vietnam

Marriage-and family-related petitions falling under the courts' jurisdiction in Vietnam (Internet image)

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

1. Marriage-and family-related petitions falling under the courts' jurisdiction in Vietnam

Marriage-and family-related petitions falling under the courts' jurisdiction in Vietnam under Article 29 of the Civil Procedure Code 2015 are as follows:

- The petitions for revocation of illegal marriages.

- The petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces.

- The petitions for recognition of agreements between the parents about the change of post-divorce custodian or recognition of change of post-divorce child custodian decided by agencies, organizations and individuals according o law regulations on marriage and family.

- The petitions for restriction on rights of a father or mother towards a minor child or his/her right to see the child after divorce.

- The petitions for termination of the adoption of children.

- The petitions relating to the surrogacy according to law regulations on marriage and family.

- The petitions for recognition of agreements of termination of the effect of the division of spousal common properties during their marriage to have been carried out according to the judgments/decisions of the Courts.

- The petitions for declaration of nullification of the agreements on the property division between the husband and the wife according to legislation on marriage and family.

- The petition for recognition and enforcement in Vietnam or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other foreign competent agencies; or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other competent foreign competent agencies which are not requested to be enforced in Vietnam.

- The petition for determination of fathers or mothers for children; or determination of children for fathers or mothers according to legislation on marriage and family.

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

2. Marriage and family-related disputes falling under the courts' jurisdiction in Vietnam

Marriage and family-related disputes falling under the courts' jurisdiction under Article 28 of the Civil Procedure Code 2015 are as follows:

- Divorces, disputes over child rearing or property division upon divorces; post-divorce division.

- Disputes over division of spousal common property during their marriage.

- Disputes over change of post-divorce child custodian.

- Disputes over determination of fathers or mothers for children; or determination of children for fathers or mothers.

- Disputes over alimonies.

- Disputes over childbirth using the childbirth assistance technique or surrogacy for humanitarian reasons.

- Disputes over child custodian, division between couples living like husbands and wives without marriage registration or between spouses illegally cancel the marriage registration.

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

3. Business and/or trade disputes falling under the courts' jurisdiction in Vietnam

Business and/or trade disputes falling under the courts' jurisdiction under Article 30 of the Civil Procedure Code 2015 are as follows:

- Disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits.

- Disputes over intellectual property rights or technology transfers among individuals or organizations, which are all for the purposes of profits.

- 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.

- 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.

- Other civil disputes relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

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