When receiving the case file, the judge has to determine whether the court has jurisdiction over the case file or whether the Economic court [economic division] of provincial court has jurisdiction over the case file.
Main tasks and practical skills:
- When accepting a case file, the Court of first instance must determine whether the case is considered a business and commercial dispute as provided in Article 29 CPC in order to assign it to the Economic Court for hearing (applicable to Provincial People’s Court).
- Note: Economic court of provincial court has jurisdiction over business and commercial disputes as described in Article 29 CPC; and business or commercial disputes in which one or all parties do not have business registration, but they were all aimed at making profit when they entered into the transaction..
- The judge, who is appointed to accept a case, shall prepare for the trial, if he/she realizes the case does not fall under the jurisdiction of the Economic Court, he/she shall follow the instructions provided in section I of Resolution No. 03/2005.
- In the course of preparation for the trial, the judge has to determine the type of case pursuant to Article 29 CPC in order to properly refer to the laws and regulations that are applicable to such case.
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