Litigation

Representative for individual and enterprises at Court or Arbitration in Civil, Labor, Inheritance, Marriage and Family, Intellectual Property and Business disputes or petitions. 

Civil disputes:

1. Disputes among individuals relating to Vietnamese nationality.
2. Disputes relating to property ownership.
3. Disputes relating to civil contracts.
4. Disputes relating to intellectual property rights or technology transfer, unless otherwise stipulated in clause 2 of article 29 of this Code.
5. Disputes relating to property inheritance.
6. Disputes relating to compensation for non-contractual damages.
7. Disputes relating to the right to use land and property attached to land in accordance with the laws on land.
8. Disputes relating to press activities in accordance with law.
9. Disputes regarding claims require notarized documents invalid.
10. Disputes relating to the property being coerced to enforcement in accordance with the law on enforcement of civil judgments.
11. Disputes over results of the auction of assets, payment of registration fees purchased property auction in accordance with the law on the enforcement of civil judgments.
12. Other civil disputes stipulated by law.

Civil petitions:

1. Petitions for declaration that a person has lost the capacity for civil acts or has restricted capacity for civil acts or for revocation of a decision declaring that a person has lost the capacity for civil acts or has restricted capacity for civil acts.
2. Petitions for an order to search for a person who is absent from his or her place of residence and management of the property of such person.
3. Petitions for declaration that a person is missing or for revocation of a decision declaring that a person is missing.
4. Petitions for declaration that a person is dead or for revocation of a decision declaring that a person is dead.
5. Petitions for recognition and enforcement in Vietnam of civil judgements and decisions, or decisions relating to property in criminal or administrative judgements and decisions of foreign courts or for [a decision] not to recognize civil judgements and decisions, decisions relating to property in criminal or administrative judgements and decisions of foreign courts for which no petition for enforcement in Vietnam is made.
6. Requirements documents notarized statement invalid.
7. Requirements defined property rights, the right to use property, property division general for enforcement under the provisions of the law on the enforcement of civil judgments.
8. Other civil petitions stipulated by law.

Marriage and family disputes:

1. Divorce and disputes relating to raising of children and distribution of property upon divorce.
2. Disputes relating to distribution of joint ownership property of a husband and wife [formed] during the marriage period.
3. Disputes relating to a change of the person directly raising children after divorce.
4. Disputes relating to determination of a father or mother for a child or determination of a child for a father or mother.
5. Disputes relating to support.
6. Other marriage and family disputes stipulated by law.

Petitions relating to marriage and family:

1. Petitions for annulment of an illegal marriage.
2. Petitions for recognition of divorce by consent, raising of children and distribution of property upon divorce.
3. Petitions for recognition of an agreement on a change of the person directly raising children after divorce.
4. Petitions for restriction of the right of a father or mother with respect to a minor child or of the right of such person to visit a child after divorce.
5. Petitions for termination of child adoption.
6. Petitions for recognition and enforcement in Vietnam of judgements and decisions of foreign courts relating to marriage and family or for [a decision] not to recognize judgements and decisions of foreign courts relating to marriage and family for which no petition for enforcement in Vietnam is made.
7. Other petitions relating to marriage and family stipulated by law.

Business or commercial disputes:

1. Disputes arising from business or commercial activities among individuals or organizations with business registration and all of which are for profit-making purposes including:
(a) Purchase and sale of goods;
(b) Provision of services;
(c) Distribution;
(d) Representation or agency;
(đ) Consignment;
(e) Lease, lease out or lease-purchase;
(g) Construction;
(h) Consultancy or technical [services];
(i) Transportation of cargo or passengers by rail, road or inland waterway;
(k) Transportation of cargo or passengers by air or sea;
(l) Purchase and sale of shares, bonds and other valuable papers;
(m) Investment, finance and banking;
(n) Insurance;
(o) Exploration and exploitation.
2. Disputes relating to intellectual property rights or technology transfer among companies or organizations and all of which are for profit-making purposes.
3. Disputes between a company and its members or among members of a company relating to the establishment, operation, dissolution, merger, consolidation, demerger, division or conversion of the organizational form of the company.
4. Other business or commercial disputes stipulated by law.

Petitions relating to business or commerce:

1. Petitions relating to the resolution of disputes by Vietnam Commercial Arbitration in accordance with the laws on commercial arbitration.
2. Petitions for recognition and enforcement in Vietnam of judgements and decisions of foreign courts relating to business or commerce or for [a decision] not to recognize judgements and decisions of foreign courts relating to business or commerce for which no petition for enforcement in Vietnam is made.
3. Petitions for recognition and enforcement in Vietnam of foreign arbitration awards relating to business or commerce.
4. Other petitions relating to business or commerce stipulated by law.

Labour disputes:

1. Individual labour disputes between an employee and an employer which have failed to be reconciled by the labour conciliatory council of an enterprise or a labour conciliator of the body in charge of State administration of labour in a district, town or provincial city or which have failed to be resolved within the time-limit stipulated by law, except for the following disputes which it was not mandatory to refer to a conciliation body at the enterprise:
(a) Disputes relating to disciplinary actions in the form of dismissal or disputes which arise from the unilateral termination of a labour contract;
(b) Disputes relating to payment of compensation for loss between an employee and employer; disputes relating to payment allowances upon termination of a labour contract;
(c) Disputes between a domestic servant and employer;
(d) Disputes relating to social insurance stipulated by the laws on labour;
(đ) Disputes relating to payment of compensation for loss between an employee and a labour export enterprise.
2. Collective labour disputes between a labour collective and an employer which have been resolved by the labour arbitration council in a province and city under central authority but the decision on which does not satisfy the labour collective or the employer, including:
(a) [Disputes] about the rights and interests relating to employment, salaries, income and other labour conditions;
(b) [Disputes] about the performance of the collective agreement;
(c) [Disputes] about the rights to establish, join or carry out activities of the trade union.
3. Other labour disputes stipulated by law.

Labour petitions:

1. Petitions for recognition and enforcement in Vietnam of judgements and decisions of foreign courts relating to labour or for [a decision] not to recognize judgements and decisions of foreign courts relating to labour for which no petition for enforcement in Vietnam is made.
2. Petitions for recognition and enforcement in Vietnam of foreign arbitration awards relating to labour.
3. Other labour petitions stipulated by law.

 

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