Vietnam: Jurisdiction of tribunals

On January 21, 2016, the Supreme People’s Court of Vietnam issued Circular No. 01/2016/TT-CA, which specifies the jurisdiction of tribunals.

According to Circular No. 01/2016/TT-CA of the Supreme People’s Court of Vietnam, the jurisdiction of tribunals is regulated as follows:

- A criminal tribunal shall adjudicate criminal cases, other than those within jurisdiction of a family and juvenile tribunal; consider applying administrative-handling measures in a People’s Court in a case where such court does not organize an administrative tribunal, except that the decision on application of administrative-handling measures is subject to the jurisdiction of the family and juvenile tribunal.

- A civil tribunal shall adjudicate civil cases and matters; adjudicate economic, bankrupt, labor, and administrative cases and matters in a case where the court does not organize an economic tribunal, labor tribunal, or an administrative tribunal.

- The economic tribunal adjudicates cases pertaining to trade business and bankruptcy.

- The administrative tribunal adjudicates administrative cases.

- The labor tribunal adjudicates labor cases.

- The family and juvenile tribunal adjudicates the following cases:

+ A criminal case in which a defendant is under 18 years of age or a criminal case in which a defendant attains 18 years or older but the related victim is under 18 years of age and seriously damaged or in need of psychological support in living and learning conditions since he/she has not been fostered in a health family environment as others aged under 18;

+ Consider adopting administrative-handling measures at the People’s Court against juveniles;

+ Marriage and family cases as prescribed in the Civil Procedure Code.

- The administrative tribunal shall consider applying administrative-handling measures at the People’s Court, other than those within jurisdiction of the family and juvenile tribunal.

View more details at Circular No. 01/2016/TT-CA of the Supreme People’s Court of Vietnam, which takes effect from March 11, 2016.

-Thao Uyen-

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