Civil cases include cases in relation to civil disputes, disputes on marriage and family, business, commerce and labour (hereinafter referred to as the case). Resolving the petition and accepting the civil case shall be the duty of the division in charge of receiving petitions and accepting cases.
Main tasks and practical skills:
- The petition must be received in accordance with Article 167 of the CPC. The Court must have a book of receipt of petitions that records the date of receipt of the litigant’s petition. That date shall be the basis for defining the date of initiation of a legal action and considering whether the time limit for initiating a legal action has expired or not.
- After receiving the petition, the Court must issue a written receipt of the petition to the petitioner. If the Court receives the petition by post, the Court shall send the written receipt to the petitioner for his information.
- Within five working days from the date of receipt of the petition, the Judge who is assigned to consider the petition should do the following tasks:
- Determine whether the case falls under the jurisdiction of the Court :
+ Jurisdiction of the Courts to resolve a civil case should be determined on the basis of Articles 25, 27, 29 and 31 of the CPC;
+ Jurisdiction of the Courts of different levels should be determined on the basis of Article 33 and Article 34 of the CPC;
+ Territorial jurisdiction of the Courts or choice of jurisdiction by the parties should be determined on the basis of Article 35 and Article 36 of the CPC;
- Determine whether the time limit for initiating a legal action has expired or not, pursuant to Article 159 of the CPC;
- Determine whether the petitioner has a right to initiate a legal action or not, pursuant to Articles 161, 162 and 163 of the CPC.
- The Judge should undertake the procedure for accepting the case if the Judge determines that the case falls under the jurisidiction of the Court, as provided in Article 171 of the CPC.
- The Judge should transfer the petition to a competent Court and notify the transfer to the petitioner in writing. The petition must be conducted in accordance with Article 37 of the CPC and Section 6 of Part I of Resolution No. 01/2005/NG-HDTP dated 31 March 2005.
- The Court should return the petition under one of the circumstances as provided in Article 168 of the CPC.
- The notification of acceptance of the case should be conducted in accordance with Article 174 of the CPC.
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