Chương XXXIV Bộ luật Tố tụng dân sự 2004: Quy định chung về thủ tục giải quyết các vụ việc dân sự có yếu tố nước ngoài

Chapter XXXIV

GENERAL PROVISIONS ON PROCEDURES FOR RESOLUTION OF CIVIL CASES AND MATTERS INVOLVING FOREIGN ELEMENTS

Article 405.- Application principles

1. The courts shall apply the provisions of Chapter XXXIV and Chapter XXXV of this Code to settle civil cases and matters involving foreign elements. In cases where these chapters do not contain such provisions, they are entitled to apply other relevant provisions of this Code.

2. A civil case or matter involving foreign elements means a civil case or matter where at least one of the involved parties is a foreigner or an overseas Vietnamese; or civil relations between the involved parties being Vietnamese citizens, agencies or organizations but the bases for establishing, changing or terminating such relations comply with foreign laws, have arisen overseas or assets involved in such relations are located overseas.

Article 406.- Procedural rights and obligations of foreign individuals, agencies, organizations

1. Foreign citizens, stateless people, foreign agencies and organizations, international organizations (hereinafter referred collectively to as foreign individuals, agencies and organizations) are entitled to initiate lawsuits at Vietnamese courts in order to request the protection of their legitimate rights and interests when such rights and interests are infringed upon or disputed.

2. Foreign individuals, agencies and organizations, when participating in civil procedures, shall have the same procedural rights and obligations like Vietnamese citizens, agencies and organizations.

3. The Vietnamese State may apply the principle of reciprocity to restrict the corresponding procedural rights of foreign nationals, agencies or organizations of the countries where their courts restrict certain civil procedural rights of Vietnamese citizens, agencies or organizations.

Article 407.- Civil procedure-legal capacity and civil procedural act capacity of foreign citizens and stateless people

1. The civil procedure-legal capacity and civil procedural act capacity of foreign citizens or stateless people shall be determined as follows:

a) Pursuant to the laws of the countries of which the citizens bear the nationality; pursuant to Vietnamese law if citizens bear the Vietnamese nationality and a foreign nationality; pursuant to the laws of the countries where the citizens reside, if they each bears several foreign nationalities, except otherwise provided for by Vietnamese law;

b) Pursuant to Vietnamese law if the citizens permanently reside, work or live in Vietnam;

c) Pursuant to the laws of the countries where the stateless people permanently reside, work or live;

d) Pursuant to Vietnamese law if the civil procedural acts are performed in the Vietnamese territory.

2. Foreign citizens or stateless people can be recognized as having civil procedural act capacity in the Vietnamese territory, if they have no civil procedural act capacity under foreign laws but have the civil procedural act capacity under Vietnamese law.

Article 408.- Civil procedure-legal capacity of foreign agencies and organizations, and international organizations in civil procedures

1. The civil procedure-legal capacity of foreign agencies and organizations is determined under the law of the countries where such agencies or organizations were established, except otherwise stipulated by Vietnamese law.

2. The civil procedure-legal capacity of international organizations is determined on the basis of the international treaties serving as basis for the establishment of such organizations, their operational regulations, or the international treaties signed by competent Vietnamese agencies.

Article 409.- Protection of legitimate rights and interests of involved parties being foreign individuals, agencies or organizations

Involved parties being foreign individuals, agencies or organizations participating in procedures at Vietnamese courts are entitled to request lawyers to protect their legitimate rights and interests according to the provisions of Vietnamese law.