Main tasks and practical skills:
- The Judge must determine the proper jurisdiction to resolve a civil matter, especially jurisdiction of courts of different levels. In addition to general provisions on distinguishing jurisdiction of a provincial Court from a district court (Article 33 and Article 34 of the CPC), the Judge should note that requests to recognize or not recognize a judgment or decision of a foreign Court of a decision of a foreign arbitrator fall under the jurisdiction of a provincial People’s Court.
- Like the resolution of civil cases, the resolution of civil matters having foreign elements shall be determined on the basis of the provision “remaining jurisdiction of the Court” (Article 412 of the CPC).
- Jurisdiction of the Court to resolve the matter shall be determined by the Chief Justice, and where the matter has been accepted and found to fall under jurisdiction of another competent Court, the Court which has accepted the matter shall continue to resolve the matter as stipulated by the law (Point d of Sub-section 1.1 of Section 1 of Part I of Resolution No. 01/2005 NQ-HDTP).
- The Judge should note “separate jurisdiction of Vietnamese Courts” over civil matters having foreign elements as provided in Item 2 of Article 411 of the CPC.
- Territorial jursidiction of the Court to resolve civil matters is stipulated in detail in Item 2 of Article 35 of the CPC.
- Jurisdiction of the Court upon selection by the petitioner as provided in Item 2 of Article 36 of the CPC.
|
