Proposal to handle chairmen and vice chairmen of People's Committees who do not attend administrative court sessions

National Assembly delegates discuss in the hall on the afternoon of May 26. *Photo: Quochoi.vn*

Strengthening decentralization and delegation of power to regional People's Courts

Basically agreeing with the Report and the draft Law on amendments and supplements this time, delegate Nguyen Thi Viet Nga ( Hai Duong Delegation) is interested in the regulations on the jurisdiction of the Regional People's Court and the Provincial People's Court.

According to the draft, the Provincial People's Court no longer has the authority to resolve all civil cases, administrative cases, bankruptcy cases, etc. at first instance, but instead transfers that authority to the Regional People's Court.

Delegate Nguyen Thi Viet Nga (Hai Duong delegation) speaks. *Photo: Quochoi.vn*

The delegate said that this is consistent with the new organizational scale of the court after the arrangement of 2-level administrative units. According to the delegate, compared to the previous district-level People's Court, the established regional People's Court will be stronger in terms of professional organization and human resources, so the decentralization of jurisdiction as in the draft is reasonable.

“This will help the provincial People's Court to be more specialized in appeal and review procedures. This model is similar to many countries in the world . That is, the provincial People's Court system mainly plays the role of examining and resolving protests and appeals, not being the first level of trial,” said delegate Nguyen Thi Viet Nga.

However, delegate Nguyen Thi Viet Nga said that the assignment of authority to the Regional People's Court requires specific regulations and guidelines, especially regulations on the transfer of cases that are still being resolved. Along with that, there is the need to invest in a synchronous infrastructure system to ensure the implementation of tasks within the authority.

Delegate Pham Van Hoa (Dong Thap delegation) speaking. *Photo: Quochoi.vn*

Also on this issue, delegate Pham Van Hoa (Dong Thap Delegation) was concerned about the authority and responsibility of the regional People's Court in trying first-instance cases when there is no longer a district level.

The delegate said that selecting judges and secretaries with sufficient qualities, capacity, and professional expertise to undertake this large workload is very important for the Regional People's Court.

Handling the responsibility of the head for the backlog of administrative judgments

Basically agreeing with the adjustment of the jurisdiction of the People's Court according to the 2-level local government model, delegate Nguyen Tam Hung (Ba Ria - Vung Tau Delegation) said that, through studying current administrative proceedings and the draft Law on amendments and supplements this time in the field of administrative proceedings, from the practice of supervising the enforcement of judgments and adjudicating administrative judgments at the local level in the past, it shows that there are still many shortcomings that have not been resolved.

For example, the current Law on Administrative Procedure and the draft amended Law do not have regulations or sanctions for handling cases where the Chairman, Vice Chairman of the People's Committee or authorized person does not attend the dialogue session or does not provide evidence on time. In reality, very few cases have the direct participation of the People's Committee leader, causing difficulties in litigation and reducing the effectiveness of the trial.

Delegate Nguyen Tam Hung (Ba Ria - Vung Tau Delegation) speaks. *Photo: Quochoi.vn*

"The drafting agency is requested to consider and supplement specific sanctions to ensure the requirements of responsibility and administrative discipline during the organization of proceedings," the delegate recommended.

According to the delegate, Clause 1, Article 60 of the current Law on Administrative Procedures only allows the Chairman of the People's Committee to authorize the Vice Chairman of the People's Committee at the same level, but in practice, the common practice is to authorize the leader of a specialized agency, which is not in accordance with the regulations.

The delegate suggested that the drafting agency review, consider or maintain the provisions to ensure the direct responsibility of the head or reasonably expand to allow authorization to the head of a specialized agency that is knowledgeable about the case, with clear and strict conditions, so that the law enforcement process is organized in accordance with regulations.

Regarding the regulation that the Court must explain the judgment within 15 days, delegate Nguyen Tam Hung suggested that the drafting agency consider, consider, and supplement sanctions for the Court when it fails to comply with the prescribed deadline and time in order to improve discipline and post-processing efficiency.

The delegate said that there are currently no regulations to handle the responsibility of heads of administrative agencies who intentionally fail to execute or leave administrative judgments pending, although Decree 71 of 2016 stipulates responsibility but does not have specific individual sanctions.

Speaking at the meeting, Chief Justice of the Supreme People's Court Le Minh Tri, on behalf of the drafting agency, received and explained the opinions raised by National Assembly deputies...

The Chief Justice of the Supreme People's Court emphasized that when amending and supplementing a number of articles of this draft Law, it will only focus on issues related to the two-level government apparatus, ensuring the principle of streamlining the apparatus but must ensure effectiveness and efficiency of operations.

Chief Justice of the Supreme People's Court Le Minh Tri, on behalf of the drafting agency, received and explained. *Photo: Quochoi.vn*

"We are arranging 693 district-level People's Courts to establish 355 regional People's Courts; in which, determining the population size, cases, jurisdiction, tasks, and functions is also much larger than before," Mr. Le Minh Tri emphasized.

According to the Chief Justice of the Supreme People's Court, it is necessary to strengthen human resources for the regional People's Court. That is a major goal that the Supreme People's Court must focus on in the coming time, both in terms of resources, human resources, training, and even updating issues that have been newly issued laws, including new issues that are currently required.

Chief Justice of the Supreme People's Court Le Minh Tri affirmed that in this amendment of the Law, along with the principle of streamlining but having to be effective and efficient, another principle applied is to strengthen decentralization and authorization to lower levels. Therefore, it is necessary to ensure that the People's Courts at 3 levels operate synchronously, even synchronously with the investigation and prosecution agencies.

On the same afternoon, Minister of Justice Nguyen Hai Ninh presented the Draft Law on Judicial Assistance in Civil Matters; Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung presented the Report on the examination of the above draft Law.

Source: https://hanoimoi.vn/de-nghi-xu-ly-cac-chu-tich-pho-chu-tich-ubnd-khong-tham-du-phien-toa-hanh-chinh-703557.html