Proposal to keep the name of the People's Court at provincial and district levels

National Assembly Delegate Trang A Tua expressed his opinion on the Draft Law.

Delegate Lo Thi Luyen, Deputy Head of the Delegation of National Assembly Deputies of Dien Bien province, analyzed that the reason for changing the names of the Provincial People's Court and District People's Court to the People's Court of Appeal and the People's Court of First Instance stated in the Draft Law is not convincing. The name is changed but the organizational structure, functions and tasks of the court remain unchanged. The authority to try cases at first instance has not been delegated to the People's Court of First Instance, but the People's Court of Appeal will still try cases at first instance according to the provisions of law , so it does not meet the requirement of "ensuring the independence of the court according to its jurisdiction".

“The People's Court of Appeal and the People's Court of First Instance are still organized and have jurisdiction according to the respective administrative units at the provincial and district levels, and cannot implement the directive of General Secretary Nguyen Phu Trong at the conference on the implementation of court work in 2019: The courts must reorganize to be streamlined, effective, efficient and suitable to the requirements of practice" - Delegate Lo Thi Luyen affirmed.

In addition, delegates said that this change would waste the budget for renaming (changing the agency's seal and nameplate). People are familiar with the current name of the People's Court at the district and provincial levels, this name has been deeply ingrained in the people's subconscious.

Regarding the establishment of specialized People's Courts of First Instance, according to delegate Trang A Tua, the draft Law does not specifically stipulate the scope of authority, functions and tasks of this type of court.

Delegate Lo Thi Luyen, Deputy Head of the Provincial National Assembly Delegation, expressed her opinion on the Draft Law.

The Supreme People's Court's submission stated that the addition of regulations in the court system to have specialized People's Courts of First Instance to try certain types of cases institutionalizes the policy stated in the Resolution of the 13th National Congress of the Party "building professional courts". Delegate Trang A Tua said that in the current organizational structure of People's Courts at all levels, there are already Criminal Courts, Civil Courts, Administrative Courts... This has demonstrated professionalism. Therefore, it is only necessary to add specialized Courts to the organizational structure of District People's Courts, and it is not necessary to establish a separate court, independent of District People's Courts, to avoid bloated apparatus, as well as overlapping functions, tasks, and jurisdictions.

Regarding the protection of judges, in addition to the regulation requiring relevant agencies, organizations and individuals to stop insulting acts and force public apologies, delegate Lo Thi Luyen proposed adding a regulation that judges or chief justices of the courts where judges work have the right to request competent authorities to handle violations according to the provisions of law to ensure deterrence.

In addition, the provincial National Assembly deputies proposed not to establish a National Judicial Council but to maintain the regulations on the National Judge Selection and Supervision Council because the Judicial Committee's review report assessed that the National Judge Selection and Supervision Council established under current law has fulfilled its tasks very well, so there is no need to change it.

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