I have signed a contract to buy and sell goods with the company's branch in Hung Yen and headquarters is based in Hanoi, Vietnam. However, the company violated the signed contract, which made me make up quite a lot of money. I am currently filing a lawsuit and want to file in the Court of the branch of that company, is it possible. Or must it be filed in Hanoi?
Pursuant to Point b, Clause 1, Article 40 of the Civil Procedure Code 2015 provides for jurisdiction of Courts selected by plaintiffs or petitioners in Vietnam as follows:
1. The plaintiffs shall have the right to select Courts for resolution of civil, marriage and family-related, business, trade or labor disputes in the following cases:
a) If the plaintiff does not know where the defendant resides or works or where his/her head-office is located, the plaintiff may petition the Courts of the area where the defendant last resides or works or where the head-office of the defendant is last located or where the defendant' properties are located to settle the case;
b) If the dispute arises from the operation of a branch of an organization, the plaintiff may petition the Court of the area where the organization's head-office is located or where its branch is located to settle it;
Thus, for disputes arising from the branch, you can file a lawsuit at the court where the branch operates in Vietnam.
Best Regards!