EXCLUSIVE JURISDICTION OF VIETNAMESE COURTS ON CIVIL CASES WITH FOREIGN ELEMENTS UNDER THE COMPARATIVE VIEW

Abstract

In the context of international economic integration today, civil relations with foreign factors are increasing, which is followed by increasing number of disputes with foreign elements with increasingly complex nature and level. This is an objective factor that requires a legally effective mechanism and issues related to the jurisdiction to resolve civil disputes with foreign elements to protect the legitimate rights and interests of the parties when participating in civil proceedings with foreign elements in the jurisdiction of their countries; it is a very an important and significant issue in this day and age. When dealing with civil cases with foreign elements, there are often conflicts on jurisdiction or conflict of law which is inevitable for each country. The provisions of the Court's jurisdiction over civil cases involving foreign elements still contain shortcomings and limitations. In this article, the author will analyze the provisions of Vietnamese law on the specific jurisdiction of courts with respect to civil cases involving foreign elements in comparison with the law of some countries in the world. From that, the author offers a number of orientations to improve the Vietnamese law on the above issues.