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Completing the dossier proposing to build a Law amending and supplementing the Law on Commercial Law

Người Đưa TinNgười Đưa Tin29/02/2024


On the morning of February 29, the Vietnam Lawyers Association held a meeting of the Editorial Board of the proposal to draft a Law amending and supplementing a number of articles of the Law on Commercial Arbitration (3rd time). Dr. Nguyen Van Quyen - President of the Vietnam Lawyers Association; Dr. Tran Cong Phan - Vice President, General Secretary of the Vietnam Lawyers Association, Member of the 15th National Assembly chaired the meeting. The meeting was connected online to representatives of ministries, branches, experts and scientists .

Focus - Urgently complete the dossier proposing to build a Law amending and supplementing a number of articles of the Law on Commercial Law

Meeting scene.

Speaking at the opening of the meeting, Dr. Nguyen Van Quyen - Chairman of the Vietnam Lawyers Association said that after the contents related to the Proposal for the Law on Commercial Arbitration (TTTM) were sent to ministries and branches for comments. Up to now, the ministries and branches have sent their comments to the Editorial Board.

At this meeting, Chairman Nguyen Van Quyen asked the delegates to focus and actively give their opinions on receiving and explaining the opinions of the ministries and branches to complete the dossier to submit to the Government and the National Assembly Standing Committee.

Focus - Urgently complete the dossier proposing to develop a Law amending and supplementing a number of articles of the Law on Commercial Law (Figure 2).

Dr. Nguyen Van Quyen - President of Vietnam Lawyers Association (left); Dr. Tran Cong Phan - Vice President, General Secretary of Vietnam Lawyers Association, Member of the 15th National Assembly (right) chaired the meeting.

Briefly presenting the opinions of the Ministries and branches related to the Proposal, Mr. Nguyen Van Hue - Head of the Department of Research, Development and Dissemination of Laws, Vietnam Lawyers Association, standing member of the Editorial Board of the Proposal for the Drafting of Amendments and Supplements to a Number of Articles of the Law on Commercial Arbitration, said that the proposal has been completed and sent to the Ministries and branches for comments according to the provisions of the Law on Promulgation of Documents on October 12, 2023.

Up to now, the Editorial Board has received full comments from agencies including: Ministry of Justice, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Finance, Supreme People's Court, Supreme People's Procuracy , General Department of Civil Judgment Enforcement...

Focus - Urgently complete the dossier proposing to develop a Law amending and supplementing a number of articles of the Law on Commercial Law (Figure 3).

Mr. Nguyen Van Hue - Head of the Department of Research, Development and Dissemination of Laws, Vietnam Lawyers Association, standing member of the Editorial Board of the Proposal to amend and supplement a number of articles of the Law on Commercial Arbitration, briefly presented the opinions of the Ministries and branches.

The Editorial Board has compiled comments from Ministries and branches and sent them to Editorial Board members for research and monitoring.

Accordingly, the issues raised by the Ministry and branches include: How to review the dossier components to ensure; add more supporting data; more fully assess the compatibility of policies for the proposed revised policies this time with international treaties to which Vietnam is a member...

Focus - Urgently complete the dossier proposing to develop a Law amending and supplementing a number of articles of the Law on Commercial Law (Figure 4).

Dr. Tran Cong Phan spoke at the meeting.

Dr. Tran Cong Phan also noted that the comments from the Ministries and branches have issues that need to be accepted, but there are also contents that the Editorial Board needs to report and explain specifically. Mr. Tran Cong Phan asked the delegates to contribute comments to the dossier to report to the National Assembly Standing Committee and the National Assembly to consider the need to amend and supplement a number of articles of the Law on Commercial Arbitration.

Delegates attending the meeting gave valid comments with the spirit of how to maximally absorb and clearly and specifically explain the opinions from the Ministries and branches regarding the dossier proposing to build a Law amending and supplementing a number of articles of the Law on Commercial Arbitration.

Focus - Urgently complete the dossier proposing to develop a Law amending and supplementing a number of articles of the Law on Commercial Law (Figure 5).

Mr. Le Van Tuan - Deputy Director of the Department of Judicial Support, Ministry of Justice gave his opinion at the meeting.

Mr. Le Van Tuan - Deputy Director of the Department of Judicial Support, Ministry of Justice, said that clarifying what needs to be revised in the outline? The impact assessment report and the summary report also need to point out the problems, shortcomings, and need to be revised and supplemented.

"After completing the dossier, we will ask for the Government's opinion. After receiving the Government's opinion, we will submit it to the National Assembly Standing Committee for consideration, hold a meeting to approve this proposal and include it in the law-making program," said Mr. Tuan.

Focus - Urgently complete the dossier proposing to develop a Law amending and supplementing a number of articles of the Law on Commercial Law (Figure 6).

Chairman of Vietnam Lawyers Association Nguyen Van Quyen concluded the meeting.

Concluding the meeting, Chairman Nguyen Van Quyen requested the Dossier Editorial Board to focus on revising and supplementing the draft, reporting the summary and assessing the impact of the Law in a positive and urgent spirit. At the same time, he requested to urgently complete it before March 10. After that, the dossier will be reviewed and submitted to the Government, and at the same time, the National Assembly Standing Committee and the Judicial Reform Committee.

The 2010 Law on Commercial Arbitration has many new points and removes bottlenecks in arbitration activities. The Law has many new points, creating a very important legal basis for commercial arbitration activities. At the same time, it supports judicial agencies and courts in reducing cases of resolving disputes in business activities, and developing better production and business.

However, this Law has been implemented for 12 years, but there are still some shortcomings in the development law. Therefore, it is necessary to raise the issue of amending and supplementing some issues of this Law to meet the needs of practice and ensure the legal basis for commercial activities .



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