Proposal to establish Regional People's Court, specialized Court on Bankruptcy and Intellectual Property

(Chinhphu.vn) - Ending the operations of the High People's Court and District People's Court; establishing Regional People's Courts; supplementing regulations at some Regional People's Courts with Bankruptcy Courts, Intellectual Property Courts... are notable points in the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts.

Chief Justice of the Supreme People's Court Le Minh Tri presented the Draft Law.

Continuing the 9th session, the National Assembly listened to the presentation of the Proposal and the report on the examination of the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts.

Presenting the Report, Chief Justice of the Supreme People's Court Le Minh Tri emphasized that the draft Law has amended and supplemented regulations on the organization of the Court system in the direction of ending the activities of the High People's Court and the District People's Court; establishing Regional People's Courts; converting specialized First Instance People's Courts into specialized Courts within the Regional People's Courts.

Accordingly, the organizational model of the Court system includes: Supreme People's Court; People's Courts of provinces and centrally-run cities; Regional People's Courts (amended Article 4 of the Law on Organization of People's Courts in 2024).

In particular, regarding the tasks, powers, and organizational structure of the Regional People's Court, the People's Courts of districts, towns, cities under provinces, and cities under centrally-run cities will be restructured into Regional People's Courts.

Amending and supplementing regulations on the organizational structure of regional People's Courts, which stipulate that regional People's Courts have specialized courts including: Criminal Court, Civil Court, Administrative Court, Economic Court, Family Court and Juvenile Court.

Supplementing regulations at some regional People's Courts with Bankruptcy Courts and Intellectual Property Courts, the territorial jurisdiction of these specialized Courts is prescribed by the National Assembly Standing Committee. The Supreme People's Court plans to organize 03 Bankruptcy Courts at 03 regional People's Courts in Hanoi, Da Nang and Ho Chi Minh City; organize 02 Intellectual Property Courts at 02 regional People's Courts in Hanoi and Ho Chi Minh City.

The arrangement of specialized Courts on Bankruptcy and Intellectual Property in some regional People's Courts in large provinces and cities which are the economic and financial centers of the country is necessary to improve the quality of handling and adjudicating these types of cases; at the same time, to realize the commitment and affirm Vietnam's determination in strictly enforcing intellectual property rights, improving the investment and business environment, and strongly attracting foreign investment from our country to the international community. The above provisions on specialized Courts on Bankruptcy and Intellectual Property do not create new focal points, increase the staff and working headquarters.

Chairman of the Law and Justice Committee Hoang Thanh Tung presented the Report on the review of the draft Law.

Increase the number of Supreme People's Court judges to 23 to 27 people

The report on the review of the draft Law by Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung stated that the Committee agreed with the necessity of amending and supplementing a number of articles of the Law on the Organization of People's Courts. The content of the draft Law is consistent with the Party's policies and guidelines; ensuring constitutionality and consistency with the legal system.

The scope of amendments and supplements focuses on regulations related to the arrangement and streamlining of the organizational structure and tasks and powers of the People's Court according to the 3-level organizational model.

The Committee approved the regulations on the organization of the People's Courts, including the Supreme People's Court, Provincial People's Courts, and Regional People's Courts. (The Military Courts are maintained according to the current Law). The activities of the High People's Court and District People's Courts are terminated.

The Committee basically agreed to redefine the tasks and powers of each level of Court, specifically: The Supreme People's Court is assigned the additional task of reviewing criminal cases where the judgments and decisions of the provincial People's Court have not yet taken legal effect and are appealed or protested; and reviewing and re-trialing judgments and decisions of the provincial People's Court that have taken legal effect and are protested (these two tasks are taken over from the High People's Court).

The provincial People's Court has the task of conducting first instance criminal cases according to the provisions of law; reviewing all judgments and decisions of the regional People's Court that have not yet come into legal effect and are appealed or protested; and reviewing and re-examining judgments and decisions of the regional People's Court that have come into legal effect and are protested (this task is taken over from the high-level People's Court).

The Regional People's Court hears criminal cases at first instance according to the provisions of law; hears all civil and administrative cases at first instance and resolves other matters under the jurisdiction of the Court.

The above-mentioned amendments and adjustments to the tasks and powers of the People's Courts are in accordance with the policy of strengthening decentralization and delegation of power; in accordance with the existing organizational structure, resources and ability to complete assigned tasks; ensuring that the People's Courts at 3 levels operate normally and without interruption.

The Committee approved the establishment of the Supreme People's Court of Appeals to carry out the newly assigned task of reviewing appeals of criminal judgments and decisions of provincial-level People's Courts that have not yet taken legal effect and are subject to appeals or protests.

Basically agree with the proposal of the Submission Agency on the establishment of Economic Courts at regional People's Courts; Intellectual Property Courts, Bankruptcy Courts at a number of regional People's Courts in large provinces and cities which are economic and financial centers of the country to meet the requirements of practice and international integration, because disputes on business, trade, intellectual property and bankruptcy settlement are increasingly common and are all difficult and complicated matters, requiring staff and judges to have specialized knowledge.

The Committee basically agreed with the proposal to increase the number of judges of the Supreme People's Court from 13 to 17 (according to current Law) to 23 to 27 to have enough human resources to perform the tasks of reviewing and re-trial cases newly received from the High People's Court, ensuring the quality and timeliness of the trial.

The Committee basically agrees to amend and supplement the regulations on conditions for expanding the source of subjects for consideration and appointment of Supreme People's Court Judges in special cases decided by competent authorities, accordingly, the personnel proposed for appointment must be currently a People's Court Judge, have at least 5 years as Head of the Professional Department at the Supreme People's Court and the number of people proposed for appointment according to this regulation must not exceed 10% of the total number of Supreme People's Court Judges.

This regulation is necessary to build a team of Supreme People's Court judges who are good at expertise and profession, have political courage, moral qualities, professional responsibility, impartiality, and professionalism to meet the requirements of tasks in the new situation as set out in Resolution 27-NQ/TW.

Thu Giang

Source: https://baochinhphu.vn/de-xuat-thanh-lap-toa-an-nhan-dan-khu-vuc-toa-chuyen-trach-ve-pha-san-so-huu-tri-tue-102250508092400298.htm