4.1.1.1. Territorial jurisdiction of courts
Main tasks and practical skills:
- The court of the area where the object of the house purchasing contract is located shall have the jurisdiction to hear the lawsuit. (Article 35 of CPC).
- If the object of the house-purchasing contract are many houses located in many different locations, the plaintiff may ask the court of the area where the houses are located to hear the lawsuit (Article 36 of CPC);
- Article 36 of the CPC may be applicable in cases involving disputed objects including both houses and other immoveable properties, the plaintiff may petition the Court of the locality in which one of the immovable properties is located to resolve the matter.
4.1.1.2. Jurisdiction of Courts at All Levels
Main tasks and practical skills:
- District people's Courts of which jurisdiction has been increased in accordance with provisions of the CPC, shall not have jurisdiction to resolve (but is within the jurisdiction of the provincial people's courts) the following affairs (item 3 Article 33 ):
- involving a concerned party who is abroad
- involving property abroad;
- requiring a judicial authorization to the consulate of Vietnam abroad.
- The District people's Courts of which jurisdiction has not been increased, in addition to the above affairs, shall not have jurisdiction to resolve (but is within the jurisdiction of the provincial people's courts) affairs concerning a foreign party.
- Please note that parties in a civil case include persons with related rights and obligations. For example: one of inheritors is abroad, this leads to the jurisdiction of the provincial people's courts.
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