Which disputes over marriage and family fall under the jurisdiction of the Court?

05/08/2022 Posted by Stephen Le

According to the provisions of the 2015 Code of Civil Procedure, the following disputes over marriage and family fall under the jurisdiction of the Court:

  • Divorce, disputes over child custody or property division upon divorce; property division after divorce;
  • Disputes over the division of spousal common property during the marital period;
  • Disputes over change of child custody after divorce;
  • Disputes over the identification of a child’s parents; or identification of the children of parents;
  • Disputes over alimony or support;
  • Disputes over childbirth by assisted reproductive technology or surrogacy for humanitarian purposes;
  • Disputes over child custody, division of property of men and women living together as husband and wife without marriage registration or upon annulment of an illegal marriage;
  • Other marriage and family-related disputes, except for cases that fall within the competence of other agencies and organizations as prescribed by law. 

Marriage and family-related requests within the jurisdiction of the court:

  • Requests for annulment of an illegal marriage;
  • Requests for recognition of a voluntary divorce, an agreement on
    child custody or property division after divorce;
  • Requests for recognition of a parental agreement on change of child custody after divorce or for recognition of change of child custody after divorce by an agency, organization or individual as prescribed by the law on marriage and family;
  • Requests for restriction of rights of a parent toward a minor child or his/her visitation rights after a divorce;
  • Requests for termination of the adoption of a child;
  • Requests in relation to surrogacy as prescribed by the law on marriage and family;
  • Requests for recognition of an agreement on the termination of the division of common property during the marital period previously subject to a court’s judgment or decision;
  • Requests for declaration that an agreement on the spousal property regime is invalid in accordance with the law on marriage and family;
  • Requests for recognition and enforcement in Vietnam, or for non-recognition of a judgment or decision of a foreign court or another competent foreign agency on marriage and family which is not required to be enforced in Vietnam;
  • Requests for the identification of a child’s parents; or for identification of the parents of a child in accordance with the law on marriage and family.

Other marriage and family-related requests, except for cases that fall under the competence of other agencies and organizations as prescribed by law.

No response