DISPUTES WHICH FALL UNDER JURISDICTION OF PROVINCIAL-LEVEL PEOPLE'S COURTS

Legal Ground:

Civil Procedure Code 2015.

According to the Articles 35 and 37 of Civil Procedure Code 2015, Provincial-level People’s Courts have jurisdiction to settle disputes includes:

(i) Disputes relating to compensation for loss and damage due to the application of administrative preventive measures contrary to the law on competition, unless the claim for compensation for loss and damage is resolved in an administrative case.

(ii) Disputes relating to intellectual property rights or technology transfer among companies or organizations and all of which are for profit-making purposes.

(iii) Disputes between a non-member of a company who conducts a transaction involving transfer of his or her portion of capital contribution with the company or a member of the company.

(iv) Disputes between a company and its members; disputes between a company and a manager in a limited liability company or a member of the board of management, director or general director of a shareholding company or among members of a company relating to the establishment, operation, dissolution, merger, consolidation, demerger, division, handover of assets of the company or conversion of the organizational form of the company.

(v) Other business or commercial disputes except cases which fall under the jurisdiction of other agencies and organizations as stipulated by law.

(vi) Disputes falling under the jurisdiction of the district People's Courts (specified in Article 35.1) 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 (except cases annulling 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 neighboring countries residing in border areas with Vietnam).

(vii) According to the Article 37.2 of Civil Procedure Code 2015, the provincial People's Courts also have jurisdiction to resolve at first instance civil affairs which fall under the jurisdiction of District Courts (as specified in Article 35 of Civil Procedure Code 2015) that the provincial courts take themselves for settlement due to deems necessary, or at the request of the district People's Courts.

(viii) To resolve cases under appeal proceedings that the judgment relating to the civil, marriage and family, business, commerce, or labour of a district-level People's Court is not legally enforceable and is being appealed or protested against.

Other notes

Each specialized Court of the provincial People's Court will have the authority to accept and resolve cases in certain fields. Article 38 of the Civil Procedure Code 2015 also clearly stipulates the competence of each specialized court of the provincial People's Court. Accordingly, the civil Courts; family and juvenile Courts; economic Court; labour Court has the jurisdiction to resolve first-instance procedures the disputes which fall under the jurisdiction of the provincial people’s Court in the respective fields are civil, marriage and family; commercial, business; labour.

At the same time, to resolve in accordance with the appeal proceedings the affairs for which a judgment relating to the civil, marriage and family, business, commerce, or labour of a district-level People's Court is not legally enforceable and is being appealed or protested against.

ADK & Co Vietnam Lawyers Law Firm.