Main tasks and practical skills:
- Note the distinction between the jurisdiction of People’s Committees and the jurisdiction of the People’s Courts in related - inheritance right disputes (Article 136 of Law on Land; Joint Circular No. 01/2002 TTLT- TANDTC-VKSNDTC-TLDC dated Jan 03rd 2002).
- In regard to the jurisdiction between the provincial courts and the districts, the provincial courts shall have jurisdiction over cases where::
- A concerned party is a foreigner or a Vietnamese residing abroad (in accordance with point, item 2, Article 11 of the Ordinance of procedures for resolving civil cases with respect to district people's Courts of which jurisdiction has not been extended in accordance with provisions of the CPC.
- A concerned party is overseas; or property is located overseas; or the service of process needs to be done by overseas Vietnamese consulates or foreign courts (under item 3 Article 33 of the CPC). (This even apply to the district courts whose jurisdiction has been extended under the CPC).
- It is worth noting that the “concerned party” mentioned in Article 56 include persons with related rights and obligations. Hence, it includes organizations and individuals that are not the heirs.
- Territorial jurisdiction: in inheritance case, there may be disputes over inherited property that are immovable properties, as a result, jurisdiction of the People’s Courts shall be determined by provisions of point i, item 1 Article 36 of the CPC and choice of jurisdiction by the plaintiff.
|
