Civil Disputes In Vietnam

Civil disputes are an inevitable aspect of human interaction, arising from conflicts of interest, misunderstandings, or competing rights. These disputes can occur in various contexts, such as business transactions, property ownership, employment relationships, and personal matters. While conflicts are a natural part of life, the way they are handled can significantly impact the parties involved and the overall functioning of society. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

1. What is a civil dispute?
According to the Vietnamese dictionary, a dispute is a tug-of-war that does not know which side belongs to. Dispute also means a tug-of-war when there are disagreements, usually in the matter of interests between two parties.

Civil disputes will become civil cases, if required to be resolved in accordance with the procedural law. But not all civil cases are civil disputes. There are civil cases which are business and commercial disputes, labor disputes. Civil disputes in the Civil Procedure Code are used in the narrowest sense of the word, that is, they only include disputes and conflicts over rights and obligations arising from the relationship governed by civil law. correction. These are disputes specified in Article 25 of the Civil Procedure Code.

Thus, civil disputes (understood in a narrow sense) are disagreements and conflicts of legal interests between at least two parties in the civil field.

Civil disputes are understood as conflicts and conflicts that occur between subjects in personal or property relationships as prescribed by civil law. The most common types of civil disputes are property rights disputes inheritance property, property divorce, land disputes, civil disputes related to contracts, mechanisms specified in purchase and sale contracts, property loans, investment, technology transfer, transportation, insurance, services, labor disputes.

2. What is the jurisdiction of the Court?
According to the Dictionary of Jurisprudence, authority is the sum of the rights and obligations to act and make decisions of agencies and organizations under the State apparatus as prescribed by law.

In Vietnam, stemming from the peculiarities of the organization of the Court system, the Court jurisdiction to settle civil cases in civil proceedings also has differences. The concept of jurisdiction of the Court is approached from three angles: jurisdiction by type of matter, jurisdiction of courts at all levels and jurisdiction by territory.

From the perspective of determining the scope of disputes falling under the Court jurisdiction, the Court civil jurisdiction is the Court right to consider, accept and settle disputes and civil claims according to the provisions of law civil proceedings.

Jurisdiction to settle civil cases is a part of constituting the civil jurisdiction of the Court. Accordingly, the court jurisdiction to settle civil cases is the scope of civil disputes that the Court has the right to consider, accept and settle according to civil procedures.

The correct determination of the regulations on the competence to settle civil cases according to the type of cases of the court is the basis for the involved parties to exercise the right to initiate a lawsuit to request the court to settle civil disputes according to the legal procedures. Civil. In addition, the determination of jurisdiction by type of work is reasonable and scientific, avoiding the overlap in the performance of duties between the court and state agencies, the People Committee, between the courts. with each other, especially in land disputes.

Civil Disputes In Vietnam

3. Civil disputes falling under the Court jurisdiction:

In Article 26 of the Civil Procedure Code, there are 13 specific cases of civil disputes that fall under the jurisdiction of the Court and an open provision on other civil disputes. Among those civil disputes, it is worth noting the following civil disputes:

3.1. Disputes over ownership and other rights to property

Disputes over property ownership include disputes over who owns the property, and disputes over the right to possess, dispose and use the property. Assets can be co-movements or real estate, can be existing assets or assets formed in the future. Disputes over other property rights including rights to adjoining immovable property, usufruct rights, and surface rights.

3.2. Disputes over civil transactions and civil contracts

As explained in Article 116, Civil Code 2015: Civil transaction is a contract or unilateral legal act that gives rise to, changes or terminates civil rights and obligations. Thus, civil transactions include contracts, but according to the provisions of Clause 3, Article 26, disputes over civil transactions and disputes over civil contracts are separated.

Contract is an agreement between parties on the establishment, change or termination of civil rights and obligations. And the contract here is understood in a narrow sense, that is, the subject of the contract is an individual or an organization that does not register for business, the purpose of the contract is not for profit, this is to distinguish it from a commercial business contract.

Disputes over civil contracts are quite diverse such as loan contracts, mortgage contracts, mortgages, etc. It is important to correctly identify the types of contracts to determine the correct law applicable to the settlement. resolve that dispute.

A unilateral legal act is a civil transaction in which a party will is expressed to create, change or terminate civil rights and obligations. For example: making a will of an individual, giving up the debtor right to collect debts, etc.

3.3. Disputes over property inheritance

Disputes over inheritance of the deceased estate, including disputes over inheritance rights such as the right to claim the division of the inheritance, request confirmation of own inheritance rights, or request the rejection of other people inheritance rights. for inheritance, inheritance disputes according to wills or inheritance according to law for inherited estates, etc.

3.4. Disputes over land according to the provisions of the law on land

The use of the term land dispute is intended to create consistency with the provisions of the Land Law 2013. Land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship. The 2013 Land Law stipulates very specifically the cases where the Court has jurisdiction to settle land disputes.

3.5. Disputes related to the request to declare notarized documents invalid

Notarized documents are invalid in accordance with the law when the notary has no notarization competence or the notary does not comply with the legal regulations on order and procedures for civil servants; the notarization requester commits acts of forging papers and notarized documents without the notary knowledge. When deeming that the civil servant has violated the law, the competent subject has the right to request the court to declare the notarized document invalid and when there is another subject who disagrees with this requirement, leading to a dispute, The court shall have jurisdiction over civil proceedings.

3.6. Disputes related to assets that are coerced for judgment enforcement in accordance with the law on civil judgment enforcement

According to the provisions of the law on civil judgment enforcement, the application of coercive measures to handle property shall only be carried out when there are sufficient grounds to prove that such property is the property of the judgment debtor. In the event of a dispute arising, according to the provisions of the Law on Civil Judgment Execution 2014, the joint owner, the disputing parties, the enforcer, or the judgment enforcement organization have the right to initiate a lawsuit, request the court to The judgment determines the part of the debtor separate ownership in the common property with other people in case the judgment debtor property is a common property under common ownership with another person but the joint owners do not initiate the decision to sue.

3.7. Disputes over Vietnamese nationality between individuals and individuals

An individual-individual dispute over Vietnamese nationality is a dispute between a Vietnamese citizen and a foreign citizen or stateless person over the determination of Vietnamese nationality by one of the parties or an owner. in any way related to the parties, in cases where there is no dispute between the parties about Vietnamese nationality, but the parties about Vietnamese nationality, which the parties agree, request the state agency to consider. considering a change of nationality is not under the jurisdiction of the court but under the jurisdiction of another agency.

Civil Disputes In Vietnam

Civil disputes are an inherent part of human interactions, but their resolution need not be adversarial or damaging. A plethora of methods, ranging from negotiation and mediation to arbitration and litigation, are available to address these conflicts constructively. The importance of maintaining relationships, efficiency, empowerment, and relieving pressure on the legal system underscores the significance of resolving civil disputes through dialogue and compromise. In a world where cooperation is increasingly vital, mastering the art of constructive dispute resolution is a skill that can benefit individuals and society as a whole. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.4790

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