Disputes and Petitions concerning Marriage and Family Matters within the Jurisdiction of the Court

 

Pursuant to Articles 28 and 29 of the Civil Procedure Code 2015, the Court shall have jurisdiction to accept and adjudicate the following disputes and petitions:

First, disputes relating to marriage and family under the jurisdiction of the Court include:

  1. Divorce, disputes over child custody, division of property upon divorce, and division of property after divorce;
  2. Disputes regarding the division of common property of spouses during the marriage;
  3. Disputes concerning the change of the person directly raising the child after divorce;
  4. Disputes relating to the determination of parentage;
  5. Disputes over child support obligations;
  6. Disputes concerning assisted reproductive technology and surrogacy for humanitarian purposes;
  7. Disputes concerning child custody and division of property between a man and a woman cohabiting as husband and wife without marriage registration, or when an unlawful marriage is annulled;
  8. Other disputes concerning marriage and family matters, except for those falling under the jurisdiction of other competent agencies or organizations as prescribed by law.

Second, petitions concerning marriage and family under the jurisdiction of the Court include:

  1. Petitions for annulment of unlawful marriage;
  2. Petitions for recognition of consensual divorce, agreements on child custody, and property division upon divorce;
  3. Petitions for recognition of agreements between parents regarding the change of the person directly raising the child after divorce, or for recognition of the change of the person directly raising the child after divorce by agencies, organizations, or individuals in accordance with the law on marriage and family;
  4. Petitions for restriction of parental rights over minor children or visitation rights after divorce;
  5. Petitions for termination of adoption;
  6. Petitions relating to surrogacy as prescribed by the law on marriage and family;
  7. Petitions for recognition of termination of the effectiveness of the division of common property during marriage as implemented under a judgment or decision of the Court;
  8. Petitions for declaration of invalidity of agreements on the matrimonial property regime pursuant to the law on marriage and family;
  9. Petitions for recognition and enforcement in Vietnam, or non-recognition, of judgments or decisions on marriage and family matters of foreign courts or other competent foreign authorities, or for non-recognition of judgments or decisions on marriage and family matters of foreign courts or other competent foreign authorities without requests for enforcement in Vietnam;
  10. Petitions for determination of parentage in accordance with the law on marriage and family;
  11. Other petitions concerning marriage and family matters, except for those under the jurisdiction of other competent agencies or organizations as prescribed by law.

Legal Basis: Articles 28 and 29, Civil Procedure Code of Vietnam 2015.

 

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