Nghe An National Assembly Delegation discusses the draft Law on Organization of People's Courts (amended)

bna_z4864409822622_c9f40f2517059dadd82f563291aec492.jpg — Provincial Party Secretary Thai Thanh Quy - Head of the National Assembly Delegation of Nghe An province chaired the discussion at Group 3. Photo: Minh Thanh

The Nghe An National Assembly delegation discussed in Group 3 with the National Assembly delegations of Quang Ngai and Bac Kan provinces. Attending the discussion session were comrade Tran Quang Phuong - Member of the Party Central Committee, Vice Chairman of the National Assembly, representative of the Quang Ngai delegation.

Comrade Thai Thanh Quy - Member of the Party Central Committee, Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council, Head of the National Assembly Delegation of Nghe An province chaired the discussion session.

bna_z4864410096424_8fcda8951ab4db5237e0165712baedfb.jpg — Major General Tran Duc Thuan speaks at the discussion. Photo: Minh Thanh

Speaking at the discussion, Major General Tran Duc Thuan - Standing Member of the National Assembly 's Defense and Security Committee, a delegate from Nghe An, agreed with the inclusion of provisions in the law on the courts exercising judicial power.

Affirming that this is very necessary content, he requested that drafting and reviewing agencies study and clarify the judicial power of the court.

Based on the analysis, Major General Tran Duc Thuan expressed regret that this draft revised law removed the court's authority in collecting evidence and suggested carefully considering this content.

bna_z4864183277463_d8b1ebf7894bbf37ae87151d1c95ddbd.jpg — Delegate Thai Thi An Chung - speaking at the discussion. Photo: Minh Thanh

Delegate Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the National Assembly Delegation of Nghe An province, acknowledged that the Law on Organization of People's Courts (amended) has followed the trend that when exercising judicial power, the court has very specific tasks and powers.

However, according to the delegate, there are some points that need further clarification such as: Regulations on the content of handling administrative violations according to the provisions of law or deciding on issues related to human rights, rights and obligations of agencies, organizations and individuals according to the provisions of law...

bna_z4864409851820_773ec96df3603312e168de5f3a1971e2.jpg — Provincial Party Secretary Thai Thanh Quy - Head of the National Assembly Delegation of Nghe An at the discussion session of Group 3. Photo: Minh Thanh

Delegate Thai Thi An Chung also said that when the judicial power of the court is institutionalized, it is necessary to study and stipulate additional responsibilities and roles of the Court in protecting the Constitution.

The delegate of Nghe An delegation agreed with the model of organizing the court according to the court of first instance and appellate court and not organizing the court according to administrative level as in the draft law.

It is therefore recommended that the matter of first instance trials should be transferred entirely to the court of first instance; and in cases where it is found that there is a gap in capacity or that more time is needed to prepare, a roadmap can be developed so that the task of first instance trials of cases is no longer assigned to the appellate court as is currently the case.

bna_z4864220308518_42f9452cd11dbb87682c4069084773fa.jpg — Delegate Pham Phu Binh speaks at the discussion. Photo: Minh Thanh

The Deputy Head of the National Assembly Delegation of Nghe An also proposed to remove the age requirement for being a judge and juror. This is also the view shared by Mr. Pham Phu Binh - Standing Member of the National Assembly's Foreign Affairs Committee, delegate of Nghe An Delegation. According to him, the requirement that one must be 28 years old to be appointed as a judge is both unreasonable and unnecessary.

Mr. Tran Nhat Minh - full-time National Assembly delegate of Nghe An delegation agreed with the establishment of a specialized first-instance people's court.

This is very important in judicial reform, especially for the Court sector to ensure professionalism in adjudication. However, regarding the duties and powers of the Specialized Court, he suggested that they need to be more clearly defined.