On the morning of June 3, the Standing Committee of the National Assembly opened its 46th session. According to the agenda, in this morning's session, the Standing Committee of the National Assembly gave opinions on the reception, explanation and revision of the following drafts: Law amending and supplementing a number of articles of the Law on Organization of People's Courts; Law amending and supplementing a number of articles of the Civil Procedure Code, the Law on Administrative Procedures, the Law on Juvenile Justice, the Bankruptcy Law and the Law on Mediation and Dialogue at Court.
In the submission on the Law amending and supplementing a number of articles of the Law on the Organization of People's Courts, the Supreme People's Court said that it had received the opinions of National Assembly deputies on 30 issues, including the establishment of specialized courts under the international financial center. The Supreme People's Court stated that this is an urgent requirement and demand of practice and has been approved by competent authorities. However, this is a very big and new issue for Vietnam, so in the immediate future, it is expected to stipulate specialized courts in the People's Court system. The Standing Committee of the National Assembly decides to establish, dissolve and regulate the territorial jurisdiction of specialized courts; the National Assembly regulates the tasks, powers, and organizational structure of specialized courts; procedural order of litigation; language and writing in litigation; application of law in specialized courts, etc.
Regarding the Law amending and supplementing a number of articles of the Civil Procedure Code, the Administrative Procedure Law, the Juvenile Justice Law, the Bankruptcy Law and the Law on Mediation and Dialogue at Court, the Supreme People's Court received opinions from National Assembly deputies on 28 issues.
In particular, it is proposed to review regulations related to intellectual property and technology transfer to fully and consistently regulate the authority to resolve these cases; it is proposed to regulate the authority to resolve bankruptcy in the direction of "The Bankruptcy Court of the regional People's Court has the authority to resolve bankruptcy for enterprises and cooperatives with headquarters within the territorial jurisdiction of the Bankruptcy Court of that regional People's Court" which has been accepted and expressed in the draft Law.
The proposal to expand the regulations on authorized persons in the direction that provincial and district People's Committee Chairmen can authorize heads of specialized agencies to participate in administrative cases has been accepted and expressed in another document.
According to the Supreme People's Court's report
The Supreme People's Court representative said that many opinions were accepted but would be reflected in other documents or during the implementation process. These include specific regulations on the authority of the Chief Justice of the Regional People's Court; specific time limits for the Chief Justice of the Provincial People's Court and the Chief Justice of the Supreme People's Court to issue decisions to resolve disputes over jurisdiction between courts; authority to resolve disputes over jurisdiction between provincial People's Courts; time limits for sending decisions to resolve complaints and recommendations on the return of petitions. Also among the accepted regulations and reflected in other documents are specific sanctions on the responsibility of the Chairman of the People's Committee at all levels if absent from the court session, leading to the prolongation of the case, causing difficulties in the trial; the responsibility of the court if violating the time limit for explaining the judgment or decision of the Court; Determine the competent regional People's Court to resolve cases where administrative decisions and administrative acts being sued create, change, limit, or terminate legitimate rights and interests in different provinces...
Notably, the proposal to expand the provisions on authorized persons in the direction that the chairmen of provincial and district People's Committees can authorize heads of specialized agencies to participate in administrative cases. The Supreme People's Court also accepts and will organize the implementation of the proposal that the Supreme People's Court needs to have a specific plan, promptly improve human resources, especially the team of judges; have synchronous solutions to ensure that regional People's Courts perform well their assigned tasks; focus on strengthening training, improving the qualifications and political capacity of judges at regional People's Courts and provincial People's Courts.
Source: https://www.sggp.org.vn/du-kien-giao-ubtvqh-thanh-lap-toa-an-chuyen-biet-trong-trung-tam-tai-chinh-quoc-te-post797886.html
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