Clear decentralization, reducing procedures and ensuring legal uniformity

(Chinhphu.vn) - At the National Assembly, on November 4, Minister of Justice Nguyen Hai Ninh reported on the examination of the draft Law on Civil Judgment Enforcement (amended) and the draft Law on Judicial Expertise (amended).

Minister of Justice Nguyen Hai Ninh presents draft laws

Shorten time, reduce costs, improve efficiency

Presenting the Report on the draft Law on Civil Judgment Enforcement (amended), Minister of Justice Nguyen Hai Ninh emphasized the need to promulgate the Law. In terms of structure, the draft Law consists of 5 chapters and 118 articles (reducing 4 chapters, removing 30 articles, keeping 16 articles, amending and consolidating 136 articles into 84 articles, and adding 18 new articles compared to the current Law on Civil Judgment Enforcement).

Regarding the revised and improved contents, Minister of Justice Nguyen Hai Ninh emphasized 5 points.

Firstly, more complete regulations on the scope of judgments and decisions enforced by civil judgment enforcement agencies (CJEs), principles and prohibited acts in CJEs.

Second, perfecting regulations on the rights and obligations of the parties and of those with related rights and obligations.

Third, perfecting the organization, operation, tasks and powers of the THADS agency, the People's Procuracy, and the People's Court; the roles and responsibilities of relevant agencies, organizations and individuals in THADS activities.

Fourth, complete and amend many regulations on procedures to shorten time, reduce costs, and improve the effectiveness of THADS as required by Resolution No. 27-NQ/TW of the Central Executive Committee. At the same time, overcome shortcomings, limitations, and difficulties from the practical work of THADS.

Fifth, institutionalizing Resolution No. 57-NQ/TW and Regulation No. 183-QD/TW of the Politburo , the draft has added regulations on the application of information technology, digital transformation in THADS and conditions to ensure THADS operations.

Completing the Draft Law on Judicial Expertise (amended)

Presenting the draft Law on Judicial Expertise (amended), Minister of Justice Nguyen Hai Ninh said that the draft Law on Judicial Expertise (amended) aims to concretize judicial reform policies, prevent corruption, overcome practical difficulties and improve the effectiveness of appraisal activities serving litigation work.

The draft law consists of 6 chapters and 45 articles, of which 3 articles are kept unchanged, 34 are amended, 9 are added and 11 are abolished, focusing on standardizing appraisal standards, consolidating public appraisal organizations, expanding private appraisal mechanisms, and enhancing transparency and responsibility in appraisal activities.

Specifically, the bill standardizes the standards for appraisers, clearly defines the authority to appoint and dismiss, and strengthens the public appraisal system in the fields of forensic medicine, forensic psychiatry, and criminal techniques.

Minister Nguyen Hai Ninh emphasized a notable point that the draft allows the establishment of forensic examination offices in a number of specialized fields such as antiques, copyright, DNA, documents, digital technology, finance - banking, but limits the application to criminal examination, only allowing in special cases. Along with that, the agency under the Supreme People's Procuracy is given additional authority to conduct audio, electronic and digital data examination.

The bill also shortens the appraisal process and time limit, innovates the cost payment mechanism, clearly stipulates the principle of independence in appraisal activities and how to handle cases where there are different appraisal conclusions.

In addition, the amended law decentralizes authority more clearly, specifies appointment, consultation and re-appraisal, and promotes digital transformation, forming a national database on judicial appraisal connecting between prosecution agencies, helping to improve management efficiency and better serve the people.

The overarching goal, according to Minister Nguyen Hai Ninh, is to improve the quality of the team, standardize processes, ensure publicity, transparency and feasibility, and contribute to strengthening people's trust in justice and the judicial system.

Phuong Lien

Source: https://baochinhphu.vn/phan-cap-ro-rang-cat-giam-thu-tuc-va-bao-dam-tinh-thong-nhat-phap-luat-10225110412233776.htm