When a dispute in a contract for the sale of goods occurs, the Court has jurisdiction to resolve the dispute in the following cases:
- Contracts without foreign elements: Vietnamese courts have jurisdiction to resolve the dispute.
- Contracts with foreign elements: According to Clause 2, Article 663 of the 2015 Civil Code and Article 464 of the 2015 Civil Procedure Code, the jurisdiction to resolve the dispute is determined based on judicial assistance agreements between Vietnam and foreign countries.
When a dispute in a contract for the sale of goods occurs, the Court has jurisdiction to resolve the dispute in the following cases:
- Contracts without foreign elements: Vietnamese courts have jurisdiction to resolve the dispute.
- Contracts with foreign elements: According to Clause 2, Article 663 of the 2015 Civil Code and Article 464 of the 2015 Civil Procedure Code, the jurisdiction to resolve the dispute is determined based on judicial assistance agreements between Vietnam and foreign countries.
- Disputes over unclear descriptions of goods: The parties do not agree on the description, quality or features of the goods.
- Dispute over the time of delivery of goods: The seller does not deliver the goods at the agreed time.
- Dispute over the conditions of delivery of goods: The parties violate the agreement on the place and method of delivery of goods.
- Dispute over payment obligations: The buyer does not properly perform the payment obligations under the contract.
- Dispute over compensation for damages due to breach of contract: The breaching party causes damage to the other party and does not agree on the level of compensation.
a. Filing a lawsuit
The disputing party must file a lawsuit at the competent Court, along with documents and evidence related to the dispute. The lawsuit must include the following basic information:
- Information of the disputing parties.
- Summary of the dispute.
- Specific requests of the plaintiff.
- Documents and evidence proving that the lawsuit request is well-founded and legal.
b. Accepting the petition
After receiving the petition, the Court will consider and decide to accept or refuse to accept the petition. If the petition is valid, the Court will notify the relevant parties and proceed to accept the case.
c. Mediation at Court
Before proceeding with the trial, the Court will organize a mediation session between the parties to encourage dispute resolution through negotiation and mediation. If the mediation is successful, the Court will draw up a mediation record and recognize the agreement of the parties. If the mediation fails, the case will be brought to trial.
d. First-instance trial
The Court will open a first-instance trial to resolve the dispute. During the trial, the Court will consider the evidence and arguments of the parties and issue a final judgment. The Court's judgment may include the following contents:
- Recognizing or rejecting the plaintiff's request.
- Determining the responsibilities of the relevant parties.
- Regulations on compensation for damages (if any).
e. Appeal and appellate trial
If the parties do not agree with the first instance judgment, they have the right to appeal to the Court of Appeal. The Court of Appeal will review the case and issue a final judgment. The judgment of the Court of Appeal is legally effective and cannot be appealed further.
f. Enforcement of judgment
After the judgment of the Court takes effect, the parties involved must comply with and enforce the judgment. If the convicted party does not voluntarily enforce the judgment, the person entitled to enforcement may request the civil enforcement agency to enforce the judgment.
- Prepare documents and evidence: The parties need to collect and prepare sufficient documents and evidence to prove that their requests are well-founded and legal.
- Legal advice: You should seek advice from a lawyer to ensure your legal rights and increase the likelihood of success in resolving disputes.
- Compliance with procedures and deadlines: The parties must comply with the procedures and deadlines prescribed by law to avoid losing their rights.
For detailed advice on resolving disputes over goods sales contracts by court, please contact us via:
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
