Main tasks and practical skills:
When receiving a petition, the Judge should determine whether or not the petition falls under jurisdiction to conduct bankruptcy procedures of the Court.
- District People’s Courts shall have jurisdiction to conduct bankruptcy procedures in respect of cooperatives registered for business at the business registration office of the respective district (Item 1 of Article 7 of the Bankruptcy Law).
- Provincial People’s Courts shall have jurisdiction to conduct bankruptcy procedures in respect of enterprises and cooperatives registered for business at the business registration office of the respective province, or where necessary, provincial People’s Courts shall take over cases in order to conduct bankruptcy procedures which fall under jurisdiction of a district People’s Court (Item 2 of Article 7 of the Bankruptcy Law).
- The provincial People’s Court of the locality in which an enterprise with foreign owned capital has its head office shall have jurisdiction to conduct bankruptcy procedures in respect of such enterprise with foreign owned capital (Item 3 of Article 7 of the Bankruptcy Law).
Determining cases which the provincial People’s Court shall take over in order to resolve Main duties and practical skills:
- The Judge should determine cases which the provincial People’s Court shall take over to conduct bankruptcy procedures which fall under jurisdiction of a district People’s Court; such case must have one of the following features:
- The cooperative has opened its branches and representative offices in different localities;
- The cooperative has immovable property in different places;
- Has foreign elements;
- Has disputes that need to be resolved;
- Has a contract to be declared invalid.
- Procedure for taking over cases shall be conducted as follows:
- If the district People’s Court finds it is unable to resolve a case, it may make a written request for the provincial People’s Court to take over the case;
- The provincial People’s Court shall request the district People’s Court in writing to transfer the case file;
- If the district People’s Court finds itself able to resolve the case, it may propose in writing that it keep the case for its resolution;
- The Court must notify the petitioner of the transfer of the case file.
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