Ensuring the operating conditions of the Regional Court and specialized Courts

The National Assembly discussed the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts - Photo: VGP

Continuing the 9th session, on May 19, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts.

Agreeing with the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts, delegate Nguyen Tao ( Lam Dong Delegation) expressed his high approval of the regulations on the organization of People's Courts including: Supreme People's Court, Provincial People's Courts, and Regional People's Courts. The organization of Regional Courts must be consistent with the policies of the Party and State.

According to delegates, reorganizing the court system like this is the right trend, however, it is necessary to ensure the necessary conditions for the new apparatus to operate effectively, meeting the requirements of judicial reform.

Delegate Nguyen Tao emphasized that the work arising in the upcoming regional court will be very large. Therefore, he suggested that it is necessary to carefully calculate the arrangement of human resources, and have policies to encourage and give incentives to officials working in difficult areas, remote areas, areas with large areas, and areas with a large population of ethnic minorities.

Along with that, research and arrange the headquarters of the regional People's Court to be truly reasonable and convenient for operations associated with serving the people better and better.

He also recommended studying the arrangement of Intellectual Property Courts and Bankruptcy Courts in major economic centers to promptly meet the needs of resolving specialized disputes.

In addition, it is necessary to focus on human resources such as training and fostering the team of judges and attracting external human resources with in-depth expertise to undertake work at specialized courts such as the Intellectual Property Court and Bankruptcy Court, while improving the quality of trials.

Delegate Nguyen Tao highly agreed on the need to delegate authority to the Supreme People's Court of Appeal under the Supreme People's Court to reduce pressure on the Supreme People's Court's Judicial Council, especially in the context that after the restructuring of the apparatus, the number of requests for review and retrial will increase sharply.

Referring to the amendment of the Constitution and many related judicial laws, delegate Nguyen Tao proposed that the National Assembly issue a separate resolution on transitional conditions when the amended laws take effect. The goal is to ensure consistency in the work of investigation, prosecution, trial and execution of judgments when the judicial apparatus is streamlined.

In particular, Clause 7, Article 1 of the draft, the provision on additional duties and powers of the provincial People's Court was highly appreciated by delegates. According to him, the workload at the provincial court will increase significantly, so it is necessary to invest in facilities, resources and equipment, and at the same time effectively manage public assets after the merger to avoid waste.

Establishment of specialized courts – meeting the needs of integration and practice

Agreeing with this view, delegate Phan Thi Nguyet Thu (Ha Tinh delegation) commented that the drafting of the Law amending the Law on Court Organization in 2024 is a timely concretization of the Party's policies and guidelines on continuing to arrange and streamline the court apparatus according to Resolution 18, Resolution 27, Resolution 60, Resolution 121, Conclusion 126, Conclusion 127, Conclusion 135 of the Party on arranging and streamlining the People's Court apparatus to ensure improving effectiveness and efficiency in organization and operation, meeting the requirements of judicial reform in the new situation.

According to the current Project of the Supreme People's Court, it is expected to arrange 355 regional courts on the current 693 district-level People's Courts. This is not only a matter of streamlining the mechanism and quantity but also improving the quality to ensure the concentration of cadres who are judges to perform professional tasks without having to hold leadership and management positions.

One issue that received special attention from delegates Phan Thi Nguyet Thu was the establishment of specialized courts such as the Economic Court, the Bankruptcy Court, and the Intellectual Property Court, to meet practical requirements and international integration. In the context that the Government is submitting to the National Assembly a project to establish an International Financial Center in Vietnam, having a specialized, in-depth judicial institution to resolve disputes in the fields of finance and intellectual property is very necessary.

The delegates suggested that the Supreme People's Court should have a plan to train and develop highly qualified officials to work in specialized courts. At the same time, it should strictly regulate the grounds for appeals for review and retrial to avoid cases being dragged on indefinitely. With the number of petitions for review and retrial increasing in recent years, it is necessary to increase the number of judges of the Supreme People's Court as proposed.

Explaining and clarifying some issues raised by National Assembly deputies, Chief Justice of the Supreme People's Court Le Minh Tri thanked and acknowledged the comments related to the establishment of specialized courts such as the Bankruptcy Court, Intellectual Property Court, as well as issues regarding establishment criteria, personnel, procedures, authority, etc.

Mr. Le Minh Tri said that the Supreme People's Court will coordinate with relevant agencies and the National Assembly Standing Committee to report specifically on the number, criteria, and scale of these courts.

Regarding the proposal to establish a specialized court at the International Financial Center in the future, Chief Justice of the Supreme People's Court Le Minh Tri said that this is a reasonable direction to promptly resolve disputes arising in the fields of finance, banking, securities, investment, etc. and the Supreme People's Court has conducted initial research for this.

Mr. Le Minh Tri affirmed that he will direct a thorough review of the entire draft law in terms of legislative techniques and language, ensuring that it is rigorous, easy to understand, easy to apply, and suitable for trial practice.

Thu Giang

Source: https://baochinhphu.vn/bao-dam-dieu-kien-van-hanh-toa-an-khu-vuc-va-cac-toa-chuyen-trach-10225051913312049.htm