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The Supreme People's Court of Vietnam: Benchbook Online

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7.2.3. The Judge should distinguish types of cases


Related legal documents
  • Resolution No. 01/2005/NQ-HDTP (Point d of Sub-section 1.1. of Section 1 of Part I)
  • CPC

  • Main tasks and practical skills:

    • The Judge should determine whether the accepted case is a civil dispute or a dispute on business or commerce to apply legal provisions on proceedings in a proper manner, for each particular case, such as time limit for resolving the case, prescription for initiating a legal action, etc. The Judge should the provision on remaining the Court (The Judge which accepted the case shall still resolve that case even if jurisdiction to resolve the case is found to belong to another competent Court).
    • The Judge should distinguish a civil case from an administrative case:
      - A person who has the intellectual property right may initiate a legal action which is not civil in nature. This is an administrative complaint, such as: a complaint against an administrative decision or action relating to the establishment of industrial property right; against the grant of a copyright certificate; against the approval of a technology transfer contract; against the seizure of an exhibit or means relating to a breach of intellectual property right, etc.
      - When the object of the initiation of a legal action is an administrative action or decision, this is an administrative case. This should be distinguished from the case where an administrative body has resolved the administrative case but the litigants are not satisfied and they shall have the right to request that the case be resolved under a civil procedure, as in the case of determining compensation.