Legal grounds:
Civil Procedure Code 2015.
According to the Articles 26, 28, 30, 32, and 35 of Civil Procedure Code 2015, district-level People's Court has its jurisdiction to resolve at first instance to the following disputes:
1. Civil disputes
(i) Disputes among individuals relating to Vietnamese nationality.
(ii) Disputes relating to ownership and other rights in respect of property.
(iii) Disputes relating to civil transactions or civil contracts.
(iv) Disputes relating to intellectual property rights or technology transfer (except in case of disputes relating to intellectual property rights or technology transfer among companies or organizations and all of which are for profit-making purposes).
(v) Disputes relating to property inheritance.
(vi) Disputes relating to compensation for non-contractual damages.
(vii) Disputes relating to exploitation and use of water resources or discharge of waste into a water source as stipulated in the Law on Water Resources.
(viii) Disputes relating to land in accordance with the law on land; and disputes relating to the right to own or use forests in accordance with the Law on Forest Protection and Development.
(ix) Disputes relating to press activities in accordance with the law on the press.
(x) Disputes relating to a petition for declaration that a notarized document is null and void.
(xi) Disputes relating to assets forfeited in enforcement of a judgment in accordance with the law on civil judgement enforcement.
(xii) Disputes relating to property auction results and payment of expenses for registration to buy property via an auction in accordance with the law on civil judgment enforcement.
(xiii) Other civil disputes, except for cases that fall under the jurisdiction of other agencies or organizations as stipulated by law.
2. Marriage and family disputes
(i) Divorce and disputes relating to raising of children and distribution of property upon divorce; and distribution of property after divorce, relating to a change of the person directly raising children after divorce.
(ii) Disputes relating to distribution of joint ownership property of a husband and wife during the marriage period.
(iii) Disputes relating to determination of the father or mother of a child or determination of the child of a father or mother.
(iv) Disputes relating to support.
(v) Disputes relating to child birth as a result of assisted reproductive technology or surrogacy for humanitarian purposes.
(vi) Disputes relating to raising of children and distribution of property of a male and female co-living as spouses without marriage registration or upon annulment of an illegal marriage.
(vii) Other marriage and family disputes except cases which fall under the jurisdiction of other agencies and organizations as stipulated by law.
3. Business or commercial disputes
Disputes arising from business or commercial activities among individuals or organizations with business registration and all of which are for profit-making purposes.
4. Labour disputes
4.1. Individual labour disputes between an employee and an employer which must go through conciliation procedures conducted by a labour conciliator where the conciliation is successful but the parties fail to perform or correctly perform the conciliation [results]; or the conciliation is unsuccessful or at the end of the time-limit stipulated by the law on labour the labour conciliator fails to conduct a conciliation, except for the following labour disputes for which conciliation procedures are not compulsory:
(i) A labour dispute about labour discipline in the form of dismissal or about a case of unilateral termination of the labour contract;
(ii) A labour dispute about compensation for loss and damage or over allowances on termination of the labour contract;
(iii) A labour dispute between a domestic servant and the employer;
(iv) A labour dispute about social insurance in accordance with provisions of the law on social insurance, about health insurance in accordance with provisions of the law on health insurance, about job loss insurance in accordance with provisions of the law on employment, or about a labour accident or occupational disease in accordance with provisions of the law on occupational safety and hygiene;
(v) A labour dispute about compensation for loss and damage between an employee and an enterprise or organization which sent such employee to work overseas pursuant to a contract;
4.2. Labour related disputes
(i) Disputes on trade apprenticeship and training;
(ii) Disputes on outsourcing;
(iii) Disputes on the trade union rights or funds;
(iv) Disputes on occupational safety and hygiene.
4.3. Disputes about compensation for loss and damage caused by an illegal strike and other labour disputes (except cases which fall under the jurisdiction of other agencies and organizations as stipulated by law).
5. Note:
- According the Articles 35.3 and 35.4 of Civil Procedure Code 2015, the disputes mentioned above which involve a concerned party or property abroad or require judicial authorization to the representative mission of the Socialist Republic of Vietnam abroad or a foreign court or competent foreign agency shall not fall under the jurisdiction of district People's Courts.
- District People's Courts where Vietnamese citizens reside, they have rights to annull illegal marriages, resolve divorces or disputes regarding rights and obligations of spouses, parents and children, recognition of parents and children, adoption, and guardianship between Vietnamese citizens residing in border areas and citizens of neighbouring countries residing in border areas with Vietnam).
ADK & Co Vietnam Lawyers Law Firm