Business and commercial disputes arise in connection with individuals and legal entities pursuing profit-making purposes. In cases where the parties cannot reach an agreement, such disputes or requests shall be submitted to the Court for adjudication. The following section clarifies what types of disputes and requests fall under this jurisdiction.
Business and Commercial Disputes within the Jurisdiction of the Court
- Disputes arising from business and commercial activities between individuals and organizations that are duly registered for business and are engaged in profit-making purposes.
- Disputes concerning intellectual property rights and technology transfer between individuals and organizations, provided that all parties pursue profit-making purposes.
- Disputes between a person who is not yet a member of a company but has transactions regarding the transfer of contributed capital with the company or its members.
- Disputes between a company and its members; disputes between a company and its managers in a limited liability company, or members of the Board of Directors, directors, or general directors in a joint-stock company; disputes among members of the company concerning matters related to the establishment, operation, dissolution, merger, consolidation, division, separation, transfer of assets, or conversion of the company’s organizational form.
- Other business and commercial disputes, except those falling under the jurisdiction of other competent authorities or organizations as prescribed by law
Business and Commercial Requests within the Jurisdiction of the Court
- Requests for annulment of resolutions of the General Meeting of Shareholders or the Members’ Council in accordance with the provisions of the Law on Enterprises.
- Requests relating to the resolution of disputes by the Vietnam International Arbitration Centre or other arbitration institutions in accordance with the Law on Commercial Arbitration.
- Requests for arrest of aircraft or seagoing vessels under the provisions of the Law on Civil Aviation of Vietnam and the Vietnam Maritime Code, except for cases of arrest to secure the resolution of a lawsuit.
- Requests for recognition and enforcement in Vietnam, or non-recognition, of business and commercial judgments or decisions of foreign courts, including those without requests for enforcement in Vietnam.
- Requests for recognition and enforcement in Vietnam of business and commercial arbitral awards rendered by foreign arbitral tribunals.
- Other business and commercial requests, except those under the jurisdiction of other competent authorities or organizations as prescribed by law.
(Legal basis: Articles 30 and 31 of the Civil Procedure Code 2015).
