Clubs · Dec 8, 2024 · 2 min read
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Clubs · Dec 8, 2024 · 2 min read
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Civil disputes involving foreign elements are complex cases that require the intervention of the Provincial People's Court to ensure the rights of the parties involved. This article will provide detailed instructions on the process of resolving these disputes, from filing a lawsuit, collecting evidence to the trial. Thereby, helping the parties better understand their rights and obligations in the litigation process, while ensuring that the dispute resolution is fair and transparent.
According to Clause 1, Clause 3, Article 35 of the 2015 Civil Procedure Code stipulates:
1. The District People's Court has the authority to resolve the following disputes at first instance:
- Civil, marriage and family disputes specified in Articles 26 and 28 of this Code, except for disputes specified in Clause 7, Article 26 of this Code;
- Business and commercial disputes as prescribed in Clause 1, Article 30 of this Code;
-Labor disputes as prescribed in Article 32 of this Code.
3. Disputes and requests specified in Clause 1 and Clause 2 of this Article where the parties or assets are located abroad or need to be
must entrust justice to the representative agency of the Socialist Republic of Vietnam abroad, to the Court, or to a competent authority of a foreign country that is not under the jurisdiction of the District People's Court, except in the case specified in Clause 4 of this Article.
According to point a, clause 1, Article 37 of the 2015 Civil Procedure Code:
Provincial People's Courts have jurisdiction to resolve the following cases at first instance:
Disputes on civil, marriage and family, business, trade and labor as prescribed in Articles 26, 28, 30 and 32 of this Code, except for disputes under the jurisdiction of the District People's Court as prescribed in Clause 1 and Clause 4, Article 35 of this Code.
According to the above provisions, disputes over inheritance of property are one of the civil disputes under the jurisdiction of the Court (Article 26 of the 2015 Civil Procedure Code). However, in this case, due to the foreign element, it is under the jurisdiction of the Provincial People's Court.
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