National Assembly delegates want to clarify the responsibilities of inspectors

National Assembly delegates discuss in groups, afternoon of May 8. Photo: QUANG PHUC

End of operations of the High People's Procuracy and District People's Procuracy

Regarding the draft Law amending and supplementing a number of articles of the Law on Organization of the People's Procuracy, the submission clearly stated that the provisions of the 2014 Law on Organization of the People's Procuracy would be amended and supplemented to institutionalize the Party's policies related to the organization, functions and tasks of the People's Procuracy. The system of the People's Procuracy is reorganized and reorganized to include: the Supreme People's Procuracy, the Provincial People's Procuracy, the Regional People's Procuracy, and the Military Procuracy at all levels. The activities of the High People's Procuracy and the District People's Procuracy would be terminated.

Commenting on this law, Deputy Tran Quoc To (Bac Ninh), Deputy Minister of Public Security, said that the People's Procuracy is one of the agencies conducting proceedings, with the function of exercising the right to prosecute and supervise judicial activities. Therefore, changing the tasks, powers, organization and apparatus of the People's Procuracy will affect and impact other agencies such as the Investigation Agency, the Court, the Agency for temporary detention, temporary imprisonment, the Agency for criminal enforcement, etc.

Therefore, the research and completion of the organization, apparatus, tasks and powers of the People's Procuracy in the draft Law amending and supplementing a number of articles of the Law on Organization of the People's Procuracy must also ensure consistency and synchronization with other draft laws that are being submitted to the National Assembly for consideration, comments and approval at the 9th session, such as: the draft Penal Code (amended); the draft Law amending and supplementing a number of articles of the Criminal Procedure Code; the draft Law amending and supplementing a number of articles of the Law on Organization of the People's Court and other related laws...

It is necessary to avoid overlapping and duplication of inspection activities.

With the draft Law on Inspection (amended), the project to rearrange the system of inspection agencies affirms: ending the activities of the Ministry Inspectorate, General Department Inspectorate, Departments under the Ministry, Department Inspectorate, District Inspectorate; not organizing specialized inspections in ministries, departments and agencies assigned to perform specialized inspection functions will switch to performing specialized inspections.

Discussing this law, delegate Tran Thi Van (Bac Ninh) proposed adding a provision prohibiting the alteration or distortion of inspection results, which was also the opinion of several other delegates. Delegates also proposed adding tasks for inspection agencies in the work of preventing waste and negativity.

Delegate Tran Thi Van (Bac Ninh). Photo: LAM NGUYEN

Regarding the public disclosure of inspection conclusions, according to many deputies, the draft stipulates that they must be posted and posted, but it is not clear how long it will take, so it is recommended that it be clearly stipulated in the law or assigned to the Government for detailed regulations. At the same time, it is necessary to stipulate more clearly the amendment and adjustment of inspection conclusions. This is also the opinion of Deputy Le Thi Thanh Lam (Hau Giang) and a number of other deputies, who said that it should be posted for at least 15 days.

After implementing the arrangement of the inspection agency system, with the strengthening of specialized inspection activities of ministries, branches and localities, it may lead to overlaps and duplications between inspection activities and specialized inspection activities, and may also overlap with the supervision activities of elected agencies. Therefore, Deputy Ngo Trung Thanh (Dak Lak) proposed to clearly define the responsibilities of inspection agencies. It is necessary to clearly distinguish which responsibilities belong to the inspection and which responsibilities belong to specialized inspection, to avoid the situation of "a hundred flowers blooming". At the same time, it is also necessary to avoid overlaps between inspection and supervision.

Proposal to increase the jurisdiction of the Regional Court

Regarding the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts, the Government's submission clearly stated that there would be no intermediate level organization (ending the operation of 3 high-level People's Courts), no district-level People's Courts would be organized, but replaced by a regional People's Court model, organizing the Court system according to jurisdiction including 3 levels: Supreme People's Court, provincial level, regional level; adjusting the tasks and powers between Court levels, and the number of Supreme People's Court judges.

In the regional People's Courts, there are specialized courts including: Criminal Court, Civil Court, Administrative Court, Economic Court, Family and Juvenile Court. Supplementing regulations in some regional People's Courts, there are Bankruptcy Court, Intellectual Property Court, the territorial jurisdiction of these specialized courts is prescribed by the Standing Committee of the National Assembly.

The Supreme People's Court plans to organize 3 Bankruptcy Courts at 3 regional People's Courts in Hanoi, Da Nang and Ho Chi Minh City; organize 2 Intellectual Property Courts at 2 regional People's Courts in Hanoi and Ho Chi Minh City...

Deputy Tran Quoc To (Bac Ninh), Deputy Minister of Public Security. Photo: LAM NGUYEN

Discussing this content, the delegates all agreed to issue draft laws at one session to ensure the implementation of streamlining the apparatus. Some delegates proposed increasing the authority of the Regional Court because that is the place closest to the people.

According to Deputy Tran Quoc To (Bac Ninh), Deputy Minister of Public Security, this draft law needs to ensure consistency with the draft laws that were also submitted to the National Assembly for consideration, comments and approval at the 9th session, ensuring that there is no overlap in content. According to him, the Government has submitted to the National Assembly Standing Committee for comments on the draft Law on Organization of Criminal Investigation Agencies (amended). This draft law proposes to amend and supplement the provisions of the 2018 Amnesty Law; the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts also proposes to amend the contents of the 2018 Amnesty Law.

Therefore, to ensure consistency in the content of the Amnesty Law amendments, Deputy Tran Quoc To proposed to include the amended contents of the 2018 Amnesty Law in the Law amending and supplementing a number of articles of the Law on the Organization of People's Courts in the Law on the Organization of Criminal Investigation Agencies (amended). Agencies of the Ministry of Public Security will closely coordinate with the Supreme People's Court to amend the provisions related to the Court in the 2018 Amnesty Law, ensuring that no content is omitted.

LAM NGUYEN

Source: https://www.sggp.org.vn/dai-bieu-quoc-hoi-muon-phan-ro-trach-nhiem-cua-thanh-tra-post794323.html