Simplify but still ensure caution and strictness in special cases

Permanent Vice Chairman of the National Assembly Do Van Chien chaired the meeting.

Ensuring the operation of the Special Court

Presenting the Draft Law, Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien stated that the draft Law consists of 43 articles and 5 chapters. The Draft Law stipulates the duties and powers; organizational structure; jurisdiction, order and procedures; enforcement of judgments and decisions; judges, court clerks, representatives of the parties; and ensuring the operation of the specialized court at the International Financial Center.

Regarding the composition of the first instance and appeal trials, there are currently two different views. The first view is that the first instance trial is conducted by one Judge, without the participation of the People's Jurors. In complicated cases, upon the request of the parties, the Chief Justice of the Court decides to conduct the first instance trial by a Panel of three Judges. The appeal trial is conducted by a Panel of three Judges.

Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien presents the Draft Law

The second view holds that the first instance trial is conducted by one Judge, without the participation of the People's Jury; the appeal trial is conducted by a Panel of three Judges.

The Supreme People's Court agreed with the first view.

There are currently two different views on the authority to appoint the Chief Justice of a Specialized Court. The first view holds that the Chief Justice of a Specialized Court is appointed, dismissed, or removed from office by the Chief Justice of the Supreme People's Court. The second view holds that the Chief Justice of a Specialized Court is appointed, dismissed, or removed from office by the President .

The Supreme People's Court agreed with the first view.

Briefly presenting the Report on the review of the draft Law, Chairman of the Law and Justice Committee Hoang Thanh Tung stated that the Committee agreed with the necessity of promulgating it with political, legal and practical bases as stated in the Submission of the Supreme People's Court.

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

The Committee agrees with the provisions of the draft Law on the establishment of a specialized Court located in Ho Chi Minh City; the organizational structure of the Court including the Court of First Instance, the Court of Appeal and the supporting apparatus; the provisions on Judges and Secretaries of the specialized Court; the jurisdiction of the Court and the language and writing used before the specialized Court; reasonable fees for lawyers and other relevant provisions.

The Supreme People's Court's submission raised two issues on which there are still different opinions, including the composition of the first-instance and appellate courts (Article 14) and the authority to appoint the Chief Justice of the Special Court (Article 8). The majority of opinions of the Law and Justice Committee agreed with the Supreme People's Court in requesting the National Assembly Standing Committee to allow the implementation of the first viewpoint on both issues.

Synchronization and unification of the authority of the Chief Justice of the Supreme People's Court

At the meeting, the National Assembly Standing Committee highly appreciated the draft Law which was carefully prepared by the Supreme People's Court and qualified to be submitted to the National Assembly for consideration and approval at the 10th Session.

Commenting on the composition of the first-instance and appeal trial in Article 14 of the draft Law, Permanent Deputy Chairwoman of the People's Aspirations and Supervision Committee Le Thi Nga agreed with the first viewpoint as expressed in Clause 1, Article 14. Accordingly, the first-instance trial is conducted by one Judge; in case of complicated disputes, if requested by the parties, the Chief Justice of the Specialized Court shall assign a first-instance trial panel consisting of 3 Judges; for appeal trials, it shall consist of 3 Judges. This provision ensures the simplification of the composition of the trial panel but still ensures caution and strictness in special cases.

Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga speaks

Regarding the authority to appoint the Chief Justice of the Specialized Court in Article 8 of the draft Law, the Standing Deputy Chairman of the Committee for People's Aspirations and Supervision agrees with the first view that the Chief Justice of the Specialized Court is appointed, dismissed, and removed from office by the Chief Justice of the Supreme People's Court.

According to the Standing Deputy Chairman of the People's Aspirations and Supervision Committee, such regulations ensure consistency and unity in the authority of the Chief Justice of the Supreme People's Court in appointing leadership and management positions in the People's Court system.

Concluding the session, National Assembly Standing Vice Chairman Do Van Chien stated that the National Assembly Standing Committee highly appreciated the Supreme People's Court for actively and promptly preparing the draft Law dossier to be eligible for submission to the National Assembly for consideration and decision at the 10th Session. At the same time, he acknowledged the efforts and endeavors of the Committee on Law and Justice, despite the very tight timetable, in promptly organizing the review of the draft Law.

The National Assembly Standing Committee also basically approved the major contents of the draft Law; the unique and outstanding mechanisms and policies, the principled application of the dispute resolution system in accordance with international practices, ensuring consistency in the institution for resolving disputes arising within the scope of the International Financial Center.

In addition, the Standing Vice Chairman of the National Assembly noted that the draft Law must ensure: specificity, superiority, following a set of rules but complying with international practices, with the goal of attracting international investors.

After the National Assembly discussed in groups and in the Hall about this Law project, it is requested that the Supreme People's Court urgently coordinate with the Standing Committee of the Law and Justice Committee and relevant agencies to study, absorb and explain the opinions of National Assembly deputies and the opinions of the National Assembly Standing Committee to complete the draft Law to submit to the National Assembly for approval at this Session.

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