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The Supreme People's Court of Vietnam: Benchbook Online

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7.2.2. Jurisdiction of Courts of different levels


Related legal documents
  • CPC (Article 33, Article 34)
  • Resolution No. 32/2004/QH11 dated 15 June 2004 of the National Asembly (Section 3)

  • Main tasks and practical skills:

    • The Judge should determine jurisdiction of district People’s Courts
      - For district Courts that have been conferred with wide jurisdiction as provided in the CPC, such Courts shall have jurisdiction at first instance over civil disputes regarding intellectual property and technology transfer, as provided in Item 4 of Article 25 of the CPC, except cases where there are litigants residing in a foreign country or having property in a foreign country or in need of judicial delegation into a foreign country .
      - For district Courts that have not been conferred with wide jurisdiction, in addition to the above limitations on jurisdiction, they shall still be limited by Item 2 of Article 11 of the Ordinance on Procedure for Resolving Civil Cases, that is they shall not have jurisdiction to resolve a case where a litigant is a foreigner or an overseas Vietnamese.
    • The Judge should determine jurisdiction of provincial People’s Courts
      - Provincial People’s Courts have jurisdiction over the other disputes on intellectual property and technology transfer (not under jurisdiction of district People’s Courts);
      - When find necessary, Provincial People’s Courts may take disputes on intellectual property and technology transfer that are under jurisdiction of district People’s Courts;
      - Provincial People’s Courts have jurisdiction to resolve requests for recognizing and enforcing civil judgments and decisions rendered by a foreign court or arbitrator in Vietnam.