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Competence of Vietnam courts over civil cases with foreign elements

In international justice, when a civil case involving foreign elements arises, the Courts of the concerned countries can have jurisdiction to resolve. Therefore, it is very important to determine the jurisdiction of the National Court in these cases. 

Usually, the basis for determining the jurisdiction of the National Court will be built on the basis of the rules such as where the defendant is located, where there is property, where the act is committed,...

COMPETITION BY BOARD:

At the same time, depending on the level of the degree of cohesion with which cases will be arranged according to general and separate jurisdiction. Usually, countries assign their own jurisdiction to cases of very important nature related to national security and order.

Civil Law 2015 in Vietnam provides for the general jurisdiction of the Court of Vietnam in the resolution of civil cases involving foreign elements. It can be seen in civil relations cases where the defendant is an individual or an organization in Vietnam; civil cases where such relationship is established, changed or terminated occurs in the Vietnamese territory where the relational object is property in the Vietnamese territory; If it happens outside but related to the rights and obligations of Vietnamese agencies, organizations or individuals or has its head office or residence in Vietnam, the Vietnamese court still has jurisdiction to settle it.

COMPETENCE BY LEVEL:

Competence of the Courts of districts:

The Court of districts has jurisdiction to resolve labor disputes involving foreign elements if they do not fall into the cases disputes in which the involved parties or property are located abroad or need to be judged by judicial mandate to Vietnamese consulates abroad or to foreign courts.

Competence of the Courts of provinces:

The Court of provinces has jurisdiction to settle disputes where the involved parties or assets are located abroad or need to give judicial mandate to the Vietnamese Consular Affairs - Overseas, for foreign courts.

The following article has provided customers with an overview of the right to choose a court for civil cases involving foreign elements to determine the rights and choose the appropriate court, creating many advantages for in the process of resolving the lawsuit in court. Apolo Lawyers is a law firm in Vietnam with experienced knowledge in legal consulting. We can consult you more details about conditions, procedures to shorten the time and the cost as well as do the application on your behalf.

For further information, please contact:

Apolo Lawyers - Solicitors & Litigators

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Binh Thanh Branch               

Address: 9th/F, Tower K&M Building, 33 Ung Van Khiem St., Binh Thanh Dist., HCM City

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Email: contact@apolo.com.vn

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