In the context of globalization and international economic integration, disputes involving foreign elements are becoming increasingly common in Vietnam. These disputes may pertain to commercial contracts, investment, labor, or family matters, with one or more parties being foreigners, foreign organizations, or involving assets located abroad. So how is the jurisdiction of Vietnamese courts over disputes with foreign elements regulated? This article will provide a detailed analysis based on Vietnam’s current legal framework.

I. Legal Basis for Determining the Jurisdiction of Vietnamese Courts

Under Vietnamese law, the jurisdiction of courts in resolving disputes involving foreign elements is primarily defined in the Civil Procedure Code 2015. Specifically, Articles 469 to 471 of the Civil Procedure Code 2015 detail the jurisdiction of Vietnamese courts in handling disputes with foreign elements. These provisions ensure that Vietnamese courts have a clear basis to resolve disputes involving multiple countries or foreign elements while protecting the rights of the involved parties within Vietnam’s legal system.

II. Criteria for Determining the Jurisdiction of Vietnamese Courts in Disputes Involving Foreign Elements

In disputes with foreign elements, the jurisdiction of Vietnamese courts is determined based on several specific criteria:

• Territorial Criteria: Article 469 of the Civil Procedure Code 2015 stipulates that Vietnamese courts have jurisdiction if the disputed assets are located within Vietnam’s territory or if one of the parties involved in the dispute is a Vietnamese citizen or organization.
• Agreement Between Parties: The parties involved in the dispute may agree to select Vietnamese courts as the venue for resolving the dispute, provided that the agreement does not violate the law or international treaties to which Vietnam is a member.
• Applicable Law Criteria: For disputes involving foreign elements, Vietnamese courts will apply the provisions of Vietnamese law unless there is another agreement on the applicable law.

These criteria enable courts to determine jurisdiction in complex cases involving multiple countries and legal systems.

III. General Jurisdiction of Vietnamese Courts in Resolving Civil Cases Involving Foreign Elements

Vietnamese courts have general jurisdiction to resolve civil cases involving foreign elements in the following situations:

• The defendant is an individual residing, working, or permanently living in Vietnam;
• The defendant is an organization or agency headquartered in Vietnam or has a branch or representative office in Vietnam, in cases related to the operations of such branches or offices in Vietnam;
• The defendant has assets located in Vietnam;
• Divorce cases where either the plaintiff or defendant is a Vietnamese citizen, or the parties are foreigners residing, working, or permanently living in Vietnam;
• Civil relations where the establishment, modification, or termination of such relations occur in Vietnam, and the subject of the relations is an asset or activity conducted within Vietnamese territory;
• Civil relations where the establishment, modification, or termination of such relations occur outside Vietnam but are related to the rights and obligations of Vietnamese individuals or entities residing or headquartered in Vietnam.

IV. Exclusive Jurisdiction of Vietnamese Courts

Pursuant to Article 470 of the Civil Procedure Code 2015, the exclusive jurisdiction of Vietnamese courts includes the following:

(1) Civil cases involving foreign elements that are exclusively under the jurisdiction of Vietnamese courts:

• Cases concerning property rights over immovable assets located in Vietnam;
• Divorce cases between a Vietnamese citizen and a foreigner or stateless person, provided both spouses reside, work, or permanently live in Vietnam;
• Other civil cases where the parties choose Vietnamese courts to resolve disputes under Vietnamese law or international treaties to which Vietnam is a signatory, and both parties agree on such a choice.

(2) Civil matters involving foreign elements that are exclusively under the jurisdiction of Vietnamese courts:

• Requests for non-disputed issues arising from civil legal relations specified in point (1);
• Requests for determining a legal event occurring within Vietnam;
• Declarations that a Vietnamese citizen or a foreigner residing in Vietnam is missing or deceased, provided that the declaration relates to the establishment of their rights and obligations within Vietnam, except where otherwise stipulated by international treaties to which Vietnam is a signatory;
• Declarations that a foreigner residing in Vietnam is legally incapacitated or has limited legal capacity, provided that such declaration relates to the establishment of their rights and obligations within Vietnam;
• Recognition of property located in Vietnam as ownerless or granting ownership rights to the person managing such property within Vietnamese territory.

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