2 views on the authority to appoint Chief Justice of Specialized Courts

Chief Justice of the Supreme People's Court Nguyen Van Quang said that there are currently two different views on the authority to appoint Chief Justices of Specialized Courts. Photo: Quochoi.vn

On the afternoon of December 4, Chief Justice of the Supreme People's Court (SPC) Nguyen Van Quang presented the draft Law on Specialized Courts at the International Financial Center.

The draft law stipulates the principles of organization and operation of the Specialized Court, including:

1. Independence of jurisdiction;

2. Judges are independent and subject only to the law;

3. Ensure equality before the law and the Court;

4. Resolve cases fairly, transparently, impartially, objectively, quickly and effectively;

5. The first-instance and appeal trial regimes are guaranteed;

6. Conducting litigation in court;

7. Flexible and specific litigation procedures according to international standards and practices;

8. The court shall conduct trials in public, except in cases of closed trials as prescribed by law;

9. Ensure the parties' right to self-determination.

The draft law stipulates basic procedural rules for resolving cases at Court; the specific procedural order and procedures will be specified in detail by the Supreme People's Court in the procedural rules of the specialized Court.

Regulations stipulate that parties may agree to choose to apply foreign laws, international commercial practices, and international treaties to which Vietnam is not a member to resolve disputes when at least one participating party is a foreign individual or organization.

Regarding the organization of specialized courts, establish a specialized court in Ho Chi Minh City, with the authority to resolve disputes and requests arising at the International Financial Center in both Ho Chi Minh City and Da Nang City.

The organizational structure of the Specialized Court includes: Court of First Instance; Court of Appeal; Supporting apparatus. The Specialized Court has a Chief Justice, Deputy Chief Justice, Chief Judge, Deputy Chief Judge, Judges, Court Clerks, other civil servants and employees.

Specialized Court judges are appointed by the President from the following sources:

First, foreigners;

Second, Vietnamese citizens who are civil servants, lawyers, arbitrators, university lecturers, scientists, and experts;

Third, the People's Court judge.

Conditions, standards, terms of office and other issues are specifically provided for in Article 9 and other provisions of the draft law.

For foreign judges, Vietnamese judges from the expert and lawyer sources will work at the specialized Court under a contract regime and will be paid according to the case they participate in adjudicating and resolving.

Also according to the submission, there are currently two different views on the authority to appoint the Chief Justice of the Special Court.

The first view holds that the Chief Justice of the Special Court is appointed, dismissed, and removed from office by the Chief Justice of the Supreme People's Court.

The second view holds that the Chief Justice of the Special Court is appointed, dismissed, and removed from office by the President.

The Supreme People's Court agrees with the first viewpoint. This provision ensures the unity and uniformity of the authority of the Chief Justice of the Supreme People's Court in appointing management positions in the People's Court system, in accordance with the current organizational model.

The regulation that the President appoints the Chief Justice of a specialized Court such as the Deputy Chief Justice of the Supreme People's Court is not consistent with the structure, organization, position and role of this position in the People's Court system.

The provisions on the language and writing used in the Specialized Court are English or English with a Vietnamese translation; the provisions stipulate that the party whose request is not accepted by the Court must bear court fees, charges, litigation costs, reasonable attorney fees and other costs to resolve the case, unless the parties have other agreements.

The level of court fees, charges, litigation costs, collection, payment, management and use of court fees, charges and litigation costs at specialized courts shall be implemented according to the regulations of the Supreme People's Court after reaching agreement with the Ministry of Finance.

Source: https://laodong.vn/thoi-su/2-quan-diem-ve-tham-quyen-bo-nhiem-chanh-an-toa-an-chuyen-biet-1620150.ldo