Resolution No. 03/2012/NQ-HDTP of December 3, 2012, guiding the implementation of a number of provisions in Part One ‘General provisions” of the Civil Procedure Code, which was amended and supplemented under the Law Amending and Supplementing a Number of Articles the Civil Procedure Code

THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT

Resolution No. 03/2012/NQ-HDTP of December 3, 2012, guiding the implementation of a number of provisions in Part One ‘General provisions” of the Civil Procedure Code, which was amended and supplemented under the Law Amending and Supplementing a Number of Articles the Civil Procedure Code

THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT

Pursuant to the Law on Organization of the People s Courts;

In order to properly and uniformly implement Part One “General Provisions” of the Civil Procedure Code which is amended and supplemented under the March 29, 2011 Law Amending and Supplementing a Number of Articles of the Civil Procedure Code (below referred to as the Code);

After obtaining agreements of the Chairman of the Supreme People’s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Scope of regulation

This Resolution guides the implementation of a number of general provisions in order to ensure proper and uniform implementation of Part One “General Provisions” of the Code.

Article 2. Tasks and powers of settling civil cases and matters

1.     Pursuant to the Law on Organization of the People’s Courts and Chapter III, Part One of the Code, the tasks and powers of civil tribunals, economic tribunals and labor tribunal of  People’s Courts of provinces and centrally run cities in civil procedures are as follows:

a/ Civil tribunals have the tasks and powers of settling civil, marriage and family disputes and requests prescribed in Articles 25, 26, 27 and 28 of the Code;

b/ Economic tribunals have the tasks and powers of settling business and trade disputes and requests prescribed in Articles 29 and 30 of the Code; business and trade disputes to which one party or all parties has or have no business registration but all of them operate for profit;

c/ Labor tribunals have the tasks and powers of settling labor disputes and requests prescribed in Articles 31 and 32 of the Code;

d/ If, based on the guidance at Points a, b and c, Clause 1 of this Article, it is difficult to determine which tribunal has the tasks and powers to settle such a dispute or request, the president of the People’s Court of the province or centrally run city shall decide to assign it to a tribunal for settlement according to general procedures. If a civil case or matter is detected to fall under the tasks and powers of another tribunal only after it is accepted, the tribunal which has accepted the case shall continue settling the civil case or matter according to general procedures but it needs to write the serial number, code and subject in its judgment or decision under Article 3 of this Resolution.

2.     The civil tribunal, economic tribunal and labor tribunal of the Supreme People’s Court shall try according to cassation or reopening procedures relevant cases or matters as guided in Clause 1 of this Article when legally effective judgments or rulings of provincial-level People’s Courts are protested.

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