Chương III Bộ luật tố tụng dân sự 2015: Thẩm quyền của tòa án

Chapter III

COURT'S JURISDICTION

Section 1. CIVIL CASES FALLING UNDER THE COURTS' JURISDICTION

Article 26. Civil disputes falling under the courts' jurisdiction

1. Disputes over the Vietnamese nationality among individuals.

2. Disputes over property ownership and other rights over property.

3. Disputes over civil transactions, civil contracts.

4. Disputes over intellectual property rights, technology transfers, except for the cases prescribed in Clause 2, Article 30 of this Code.

5. Disputes over property inheritance.

6. Disputes over compensation for non-contractual damage.

7. Disputes over compensation due to the application of administrative preventive measures unconformable to law regulations on competition, excluding compensation claims that have been settled in administrative lawsuits.

8. Disputes over the development and utilization of water resources and the waste discharge to water as prescribed in the Law on water resources.

9. Disputes over land according to legislation on land; disputes over the right to forest ownership/enjoyment according to regulations in the Law on forest protection and development.

10. Disputes relating to the professional press operation under law on press.

11. Disputes relating to petitions for declaration of notarized documents to be invalid.

12. Disputes relating to properties forfeited to enforce judgments in accordance with the law on enforcement of civil judgments.

13. Disputes over property auction results and payment of expenses for registration to buy property through auction in accordance with the law on enforcement of civil judgment.

14. Other civil disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 27. Civil petitions falling under the courts' jurisdiction

1. The petition for declaration or revocation of a decision on declaration of a legally incapacitated person, person with limited capacity of exercise or a person with limited cognition or behavior control.

2. The petition for announcement of the search of persons who are absent from their residential places and the management of their properties.

3. The petition for declaration or revocation of decision on declaration of a person’s missing.

4. The petition for declaration or revocation of decision on declaration of a person’s death.

5. The petition for recognition and enforcement in Vietnam or non-recognition of civil judgments or decisions, or decisions on properties in criminal or administrative judgments or decisions of foreign Courts or not to recognize civil judgments or decisions, or decisions on properties in criminal or administrative judgments or decisions of foreign courts, which are not requested to be enforced in Vietnam.

6. The petition for declaration of notarized documents to be invalid.

7. The petition for recognition of the successful out-of-Court mediation.

8. The petition for recognition of property within Vietnam’s territory to be ownerless and for recognition of the ownership of the persons managing such ownerless property within Vietnam’s territory according to regulations in point e clause 2 Article 470 of this Code.

9. The petition for determination of property ownership and use rights, division of common properties for enforcement of judgments in accordance with regulations in the Law on enforcement of civil judgments.

10. Other civil petitions, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 28. Marriage and family-related disputes falling under the courts' jurisdiction

1. Divorces, disputes over child rearing or property division upon divorces; post-divorce division.

2. Disputes over division of spousal common property during their marriage.

3. Disputes over change of post-divorce child custodian.

4. Disputes over determination of fathers or mothers for children; or determination of children for fathers or mothers.

5. Disputes over alimonies.

6. Disputes over childbirth using the childbirth assistance technique or surrogacy for humanitarian reasons.

7. Disputes over child custodian, division between couples living like husbands and wives without marriage registration or between spouses illegally cancel the marriage registration.

8. Other disputes relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 29. Marriage-and family-related petitions falling under the courts' jurisdiction

1. The petitions for revocation of illegal marriages.

2. The petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces.

3. The petitions for recognition of agreements between the parents about the change of post-divorce custodian or recognition of change of post-divorce child custodian decided by agencies, organizations and individuals according o law regulations on marriage and family.

4. The petitions for restriction on rights of a father or mother towards a minor child or his/her right to see the child after divorce.

5. The petitions for termination of the adoption of children.

6. The petitions relating to the surrogacy according to law regulations on marriage and family.

7. The petitions for recognition of agreements of termination of the effect of the division of spousal common properties during their marriage to have been carried out according to the judgments/decisions of the Courts.

8. The petitions for declaration of nullification of the agreements on the property division between the husband and the wife according to legislation on marriage and family.

9. The petition for recognition and enforcement in Vietnam or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other foreign competent agencies; or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other competent foreign competent agencies which are not requested to be enforced in Vietnam.

10. The petition for determination of fathers or mothers for children; or determination of children for fathers or mothers according to legislation on marriage and family.

11. Other petitions relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 30. Business and/or trade disputes falling under the courts' jurisdiction

1. Disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits.

2. Disputes over intellectual property rights or technology transfers among individuals or organizations, which are all for the purposes of profits.

3. Disputes between persons who are not members of a company but involve in transaction in transfer of capital holding and the company and/or its members.

4. Disputes between a company and its members; disputes between a limited liability company and its manager or between a joint-stock company and members of its Board of Directors, its Director or its General Director, or among members of a company regarding the establishment, operation, dissolution, merge, consolidation, total division, partial division, property transfer and/or organizational transformation of the company.

5. Other civil disputes relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 31. Business or trade petitions falling under the courts' jurisdiction

1. The petitions for revocation of a resolution of the Shareholder general assembly, a resolution of the Member assembly according to legislation on enterprise.

2. The petitions related to the resolution of disputes by Vietnamese commercial arbitrators under law regulations on commercial arbitration.

3. The petitions for arrest of aircrafts, seagoing vessels according to law on Vietnamese civil aviation, Vietnamese maritime, except for cases where aircrafts/vessels must be arrested serving lawsuit settlement.

4. The petitions for recognition and enforcement in Vietnam of foreign courts' judgments or decisions on business or commercial matters, or non-recognition of foreign courts' judgments or decisions on business or commercial matters, which are not requested to be enforced in Vietnam.

5. The petitions for recognition and enforcement in Vietnam of foreign arbitrators' award on business or commercial matters.

6. Other petitions relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 32. Labor disputes falling under the courts' jurisdiction

1. Individual labor disputes between employees and employers, which have been mediated through mediation procedures of labor mediators but the involved parties fail to comply with mediation results, or which cannot be mediated or are not mediated within the law- established time limit, except the following disputes which must not necessarily be mediated through mediation procedures:

a) Disputes over labor discipline in the form of dismissal or over cases of unilateral termination of labor contracts;

b) Disputes over damage compensation or over benefit policy upon termination of labor contracts;

c) Disputes between household servants and their employers;

d) Disputes over social insurance as prescribed in laws on social insurance, over health insurance as prescribed in laws on health insurance, over unemployment insurance as prescribed in laws on employment or over occupational accident insurance and occupational diseases as prescribed in laws on labor hygiene and safety;

dd) Disputes over damage compensation between laborers and enterprises or non-business organizations sending laborers to work overseas under contracts.

2. Collective labor disputes over rights between employee collectives and employers under the labor law which have been settled by chairpersons of the People's Committees of districts but the employee collectives or employers disagree with such decisions or which are not settled by chairpersons of the People's Committees of districts within the prescribed time limit.

3. Labor disputes include:

a) Disputes over vocational training and practice;

b) Disputes over labor outsourcing;

c) Disputes over rights relating to trade union, trade union expenditure;

d) Disputes over labor safety and labor hygiene.

4. Disputes over compensation for illegal strike.

5. Other labor disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 33. Labor petitions falling under the courts' jurisdiction

1. Petitions for declaration of a labor contract/collective bargaining agreement to be invalid.

2. Petitions for consideration of legitimacy of a strike.

3. Petitions for recognition and enforcement in Vietnam of foreign courts' labor judgments or decisions, or for non-recognition of foreign courts' labor judgments or decisions which are not requested to be enforced in Vietnam.

4. Petitions for recognition and enforcement in Vietnam of labor award of foreign arbitrators.

5. Other petitions, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 34. Jurisdiction of Courts over particular decisions of agencies/organizations

1. When resolving civil cases, the Courts may revoke particular decisions of agencies or organizations or competent persons of such agencies or organizations in particular cases which are obviously unlawful, infringing upon the rights and legitimate interests of involved parties in these civil cases.

2. Particular decisions specified in clause 1 of this Article are decisions on particular matters that have been issued and applied once to one or a number of particular entities. If the civil cases are related to such decisions, they must be considered in such the same civil cases by the courts.

3. When considering repealing decisions specified in clause 1 of this Article, the Courts shall invite agencies, organizations or competent persons that have issued such decisions to participate in the procedures in the capacity as person with relevant interests and duties.

Agencies, organizations, competent persons who have issued the decisions must participate in the procedures and present their opinions about the particular decisions repealed by the courts.

4. Competence of Courts in charge of civil cases subject to considering the repealing of particular decisions specified in clause 1 of this Article shall be determined according to corresponding provisions in the Law on administrative procedures about competence of People’s Courts of districts/provinces.

Section 2. JURISDICTION OF COURTS OF DIFFERENT LEVELS

Article 35. Jurisdiction of People’s Courts of districts

1. People's Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Disputes over civil matters, marriage and family, prescribed in Articles 26 and 28 of this Code;

b) Disputes over business/trade activities prescribed in clause 1 Article 30 of this Code;

c) Labor disputes prescribed in Article 32 of this Code.

2. People's Courts shall have the jurisdiction to resolve the following petitions:

a) Civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code;

b) Petitions relating to marriage and family prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Article 29 of this Code;

c) Petitions relating to business/trade activities prescribed in clause 1 and clause 6 Article 30 of this Code;

d) Labor petitions prescribed in clause 1 and clause 5 Article 33 of this Code.

3. Disputes and petitions prescribed in Clauses 1 and 2 of this Article, which involve parties or properties in foreign countries or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas or to foreign courts/competent agencies, shall not fall under the jurisdiction of people's Courts of districts, except for cases specified in clause 4 of this Article.

4. People’s Courts of districts where Vietnamese citizens reside shall be in charge of cancelling illegal marriage, settling divorce petitions and disputes pertaining to rights and obligations of spouses, parents and children, parents and children adoption and guardian relationship between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam according to provisions of this Code and other Vietnam’s law provisions.

Article 36. Jurisdiction of Tribunals of People’s Courts of districts

1. The Civil tribunals of People's Courts of districts shall have the jurisdiction to resolve according to first-instance procedures cases relating to civil, business, trade and labor matters falling under the jurisdiction of the People’s Courts of districts as provided for in Article 35 of this Code.

2. The family and juvenile tribunals of People's Courts of districts shall have the jurisdiction to resolve according to first-instance procedures for cases relating to marriage and family falling under the jurisdiction of the People’s Courts of districts as provided for in Article 35 of this Code.

3. Regarding People’s Courts without a tribunal, the Chief Justice shall take responsibility for conducting adjudication and assigning the Judge to take charge of the cases falling under the jurisdiction of People’s Courts of districts.

Article 37. Jurisdiction of People’s Courts of provinces

1. People's Courts of provinces shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the district-level people's Courts as provided for in Clause 1 and Clause 4 Article 35 of this Code;

b) Civil, marriage-and family-related, business, trade or labor petitions prescribed in Articles 27, 29, 31 and 33 of this Code, except for petitions falling under the jurisdiction of the district-level people's Courts as prescribed in Clause 2 and Clause 4 Article 35 of this Code;

c) Disputes and petitions prescribed in Clause 3, Article 35 of this Code.

2. The People's Courts of provinces shall have the jurisdiction to resolve according to first-instance procedures the civil cases falling under the jurisdiction of the People's Courts of districts as provided for in Article 35 of this Code, which are taken up by the People's Courts of provinces for settlement when necessary or at the request of People’s Courts of districts.

Article 38. Jurisdiction of Specialized tribunals of People’s Courts of provinces

1. Civil tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the civil disputes/petitions falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the civil judgments/decisions of People’s Courts of districts that are not legally effective which are appealed against according to regulations in this Code.

2. Family and juvenile tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the disputes/petitions relating to marriage and family falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the judgments/decisions relating to marriage and family of People’s Courts of districts that are not legally effective which are appealed against according to regulations in this Code.

3. Economic tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the disputes/petitions relating to business and trade falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the judgments/decisions relating to business and trade of People’s Courts of districts that are not legally effective are appealed against according to regulations in this Code.

4. Labor tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the labor disputes/petitions falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the labor judgments/decisions of People’s Courts of districts that are not legally effective which are appealed against according to regulations in this Code.

Article 39. Territorial jurisdiction of courts

1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:

a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

b) The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

c) Disputes over real estates must be settled by Courts where such real estates are located.

2. Territorial jurisdiction of Courts to settle civil matters shall be determined as follows:

a) The Courts of the areas where persons who are to be declared to be incapable of civil acts or having limited capacity of exercise or having limited cognition or behavior control reside or work shall have the jurisdiction to resolve such petitions;

b) The Courts of the areas where persons absent from their residential places are to be announced for search or to be declared missing or dead reside for the last time, shall have the jurisdiction to settle petitions for announcement of the search for persons absent from their residential places and management of such persons' properties or petitions for declaring a person missing or dead;

c) The Courts of the areas where the persons petition to repeal the declaration of being incapable of civil acts or having limited capacity of exercise or having limited cognition or behavior control reside or work shall have the jurisdiction to repeal such declaration.

The Court which has issued a decision to declare a person missing or dead shall have the jurisdiction to resolve petitions to revoke its decision;

d) The Courts of the areas where the persons who are obliged to execute foreign courts’ civil, marriage and family, business, trade, or labor judgments or decisions reside or work, applicable to judgment debtors being individuals, or where the judgment debtors are headquartered, applicable to judgment debtors being agencies or organizations, or where exists the property relating to the enforcement of such judgments or decisions of foreign courts, shall have the jurisdiction to resolve petitions for recognition and enforcement of foreign courts' civil, marriage and family, business, trade or labor judgments or decisions in Vietnam;

dd) The Courts of the areas where the petition senders reside or work, applicable to individuals, or where the petition senders are headquartered, applicable to agencies or organizations, shall have the jurisdiction to settle petitions for non-recognition of foreign courts' civil, marriage and family, business, trade or labor judgments or decisions, which are not requested to be enforced in Vietnam;

e) The Courts of the areas where the persons who are obliged to execute award of foreign arbitrators reside or work, applicable to judgment debtors being individuals, or where the judgment debtors are headquartered, applicable to judgment debtors being agencies or organizations, or where exists the property relating to the enforcement of foreign arbitrators' award, shall have the jurisdiction to resolve the petitions for recognition and enforcement in Vietnam the award of foreign arbitrators;

g) The Courts of the areas where illegal marriages are registered shall have the jurisdiction to resolve petitions to revoke such illegal marriages;

h) The Court of the area where one of the parties to a voluntary divorce, agreed child custody or property division resides or works shall have the jurisdiction to resolve the petition for recognition of the voluntary divorces and the agreement on child custody and property division upon divorces;

i) The Court of the area where one of the parties that petitions the Court to recognize their agreement on change of post-divorce child custodian resides or works shall have the jurisdiction to resolve that petition.

If the agencies, organizations and individuals petition for the change of post-divorce child custodian, the Court where the child resides shall have the jurisdiction to resolve that petition;

k) The Court of the area where one parent of a minor child resides or works shall have the jurisdiction to resolve a petition to restrict rights of the father or mother towards the minor child or his/her right to see the child after the divorce;

l) The Court of the area where an adoptive parent or adopted child resides or works shall have the jurisdiction to resolve a petition to terminate the child adoption;

m) The Courts of the area where notary organization which have performed notarization are located shall have the jurisdiction to settle the petitions for declaration of notarized documents to be invalid;

n) The Courts of the localities where competent judgment-executing bodies are headquartered or where exist properties related to the judgment enforcement shall have the jurisdiction to settle petitions for determination of property ownership or use rights and for division of common properties for judgment enforcement and other petitions according to provisions of Law on enforcement of civil judgments;

o) The territorial jurisdiction of Courts to settle petitions related to the settlement by Vietnamese commercial arbitrations of disputes shall comply with the law on commercial arbitration;

p) The Courts of the localities where a property is located shall have the jurisdiction to resolve the petitions for recognition of such property to be ownerless in Vietnam’s territory and the petition for recognition of the ownership of the person who currently use such ownerless property;

q) The Courts of the locality where a surrogate mother resides or works shall have the jurisdiction to resolve petitions related to the surrogacy;

r) The Courts of the locality where a person having a common property shall have the jurisdiction to resolve the petitions for recognition of the agreement on termination of effect of the division of common property during the marriage that is conducted according to the judgment/decision of the Courts;

s) The Courts of the locality where the petitioner resides or works shall have the jurisdiction to resolve petitions for recognition of the successful medication at the Court;

t) The Courts of the locality where the petitioner resides or works shall have the jurisdiction to resolve the petitions for declaration of nullification of the agreement on properties of spouses according to legislation on marriage and family; the petitions for determination of father and mother for a child according to legislation on marriage and family;

u) The Courts of the locality where a headquarter of a enterprise is located shall have the jurisdiction to resolve the petitions for cancellation of the resolution of the Shareholder general assembly or a resolution of the Member assembly;

v) The Courts of the locality where a labor contract/collective bargaining agreement is concluded shall have the jurisdiction to resolve the petitions for declaration of such labor contract/collective bargaining agreement to be invalid;

x) The Courts of the locality where a strike occurs shall have the jurisdiction to resolve the petitions for determination of the lawfulness of the strike;

y) The territorial jurisdiction of the Courts in resolving the petition for arrest of aircrafts/vessels shall comply with regulations in Article 421 of this Code.

3. If a civil lawsuits has been accepted by a Court and is being resolved according to regulations of this Code on the territorial jurisdiction of Courts but the residence, headquarter or transaction place of the involved parties is changed, such civil lawsuits shall be continuously resolved by that Court.

Article 40. Jurisdiction of Courts selected by plaintiffs or petitioners

1. The plaintiffs shall have the right to select Courts for resolution of civil, marriage and family-related, business, trade or labor disputes in the following cases:

a) If the plaintiff does not know where the defendant resides or works or where his/her head-office is located, the plaintiff may petition the Courts of the area where the defendant last resides or works or where the head-office of the defendant is last located or where the defendant' properties are located to settle the case;

b) If the dispute arises from the operation of a branch of an organization, the plaintiff may petition the Court of the area where the organization's head-office is located or where its branch is located to settle it;

c) If the defendant does not have residence place, work place or head-office in Vietnam or the case is related to disputes over alimonies, the plaintiff may petition the Court of the area where he/she resides or works to settle the case;

d) If the dispute is over compensation for non-contractual damage, the plaintiff may petition the Court of the area where he/she resides, works or where his/her headquarter is located or where the damage is caused to settle the case;

dd) If the dispute is over compensation for damage or allowance upon termination of a labor contract, over social insurance, the rights and/or interests in relation to job, wages, income and other working conditions for the laborers, the plaintiff being a laborer may petition the Court of the area where he/she resides or works to settle it;

e) If the dispute arises from the employment of labor by a sub-contractor or a mediator, the plaintiff may petition the Court of the area where his/her actual employer resides, works or is headquartered or where the sub-contractor or the mediator resides or works to settle it;

g) If the dispute arises from a contractual relation, the plaintiff may petition the Court of the area where the contract is performed to settle the case;

h) If the defendants reside, work or are headquartered in different places, the plaintiff may petition the Court of the area where one of the defendants resides or works or is headquartered to settle the case;

i) If the dispute is over immovables which exist in different localities, the plaintiff may request the Court of the area where one of such immovables exist to settle the dispute.

2. The petitioners may select Courts to settle their marriage and family-related petitions in the following cases:

a) Regarding civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code, the petitioners may ask the Courts of the areas where they reside, work or are headquartered to resolve them;

b) Regarding petitions for revocation of illegal marriages provided for in Clause 1 Article 29 of this Code, the requesters may ask the Courts of the areas where an involved party of illegal marriage registration resides to resolve them;

c) Regarding petitions for restriction of rights of fathers or mothers towards their minor children or their right to visit the children after the divorces, the petitioners may ask the Courts of the areas where the children reside to resolve them.

Article 41. Transferring civil cases to other courts; settlement of disputes over jurisdiction

1. If a Court has accepted a civil case which does not fall within its jurisdiction, it shall issue a decision to transfer the civil cases dossier to a competent Court and cross out the civil cases in its acceptance book. Such decision must be immediately sent to the Procuracy all involved parties and relevant agencies, organizations and individuals.

The involved parties and relevant agencies, organizations and individuals may make complaints, the Procuracy may submit recommendation for such decision within 03 working days from the day on which the decision is received. Within 03 working days from the day on which the complaint or the recommendation is received, the Chief Justice of the Court that issued the decision to transfer the civil cases must resolve the complaint/recommendation. The decision of the Chief Justice shall be the final decision.

2. Disputes over the jurisdiction of People’s Court of districts in the same province shall be settled by the Chief Justice of the People’s Court of province.

3. Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of the Collegial People’s Court shall be settled by the Chief Justice of the High People's Court.

4. Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of different Collegial People’s Courts shall be settled by the Chief Justice of the Supreme People's Court.

Article 42. Joining or separating cases

1. A Court may join two or more cases which it has separately accepted to a single case to resolve if the joinder and resolution in the same case ensure the law compliance.

Regarding cases where multiple persons filing the same petitions for lawsuits against the same individuals or agencies/organizations, the Courts may gather their petitions to resolve in the same cases.

2. A Court may separate a case with different claims into two or more cases if the separation and resolution of the separated cases strictly comply with law.

3. Upon the case merger or separation prescribed in Clauses 1 and 2 of this Article, the Courts which have accepted the petitions must issue decisions and send them immediately to the procuracies of the same level, the involved parties and relevant agencies, organizations and individuals.

Section 3. RESOLUTION OF CIVIL CASES WITHOUT LAW PROVISIONS TO APPLY

Article 43. Rules for determining jurisdiction of Courts in cases where there is no law provisions to apply

Jurisdiction of Courts in acceptance and resolution of civil cases in cases where there is no law provisions to apply shall comply with regulations in Article 35 to 41 of this Code.

Article 44. Order, procedures for acceptance and resolution of civil cases without law provisions to apply

Order and procedures for acceptance and resolution of civil cases in cases where there is no law provisions to apply shall comply with provisions of this Code.

Section 45. Rules for resolving civil cases without law provisions to apply

1. The application of custom shall be conducted as follows:

The Courts shall apply custom to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases. The custom must not be contrary to basic rules of civil legislation specified in Article 3 of the Civil Code.

When petitioning Courts to resolve civil cases, involved parties may adduce customs to request the Courts to apply.

Courts shall verify the applicability of the customs, ensuring the compliance with provisions of Article 5 of the Civil Code.

If involved parties adduce different customs, the ones accepted at the places where the civil cases occur shall prevail.

2. The application of law provisions in the same matters shall be conducted as follows:

The Courts shall apply law provisions applicable to the same matters to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases as prescribed in Article 5 of the Civil Code and clause 1 of this Article.

When applying law provisions applicable to the same matter, the Court shall determine clearly the legal nature of the civil cases, determine clearly that in current legal system there is no legal provisions cover such relationship and determine legal provisions cover similar civil relationship.3. Basic rules of civil law provisions, precedents and the justice shall be applied as follows:

Courts shall apply basic rules of civil law provisions, precedents and the justice to settle civil cases when the application of law provisions applicable to the same matters as prescribed in Article 5 and clause 1 Article 6 of the Civil Code and clauses 1 and 2 of this Article is not available.

Basic rules of civil law provisions are specified in Article 3 of the Civil Code.

Precedents shall be studied and applied in the resolution of civil cases after being selected by the Council of Judges of the Supreme People’s Court and announced by the Chief Justice of the Supreme People’s Court.

The justice shall be determined on the basis of the reasons admitted by everyone, conformable with the principle of being humanitarian, unbiased and equal in rights and obligations of involved parties in such civil cases.