Parliament finalizes the establishment of a specialized court in the financial center, with foreign judges.

Specialized building - Photo 1.

Chief Justice of the Supreme People's Court Nguyen Van Quang - Photo: GIA HAN

On the morning of December 11th, the National Assembly voted to pass the Law on Specialized Courts in International Financial Centers. The law has 5 chapters and 44 articles, and will come into effect on January 1st, 2026.

The specialized court is located in Ho Chi Minh City.

This law applies to specialized courts, members of international financial centers, investors, agencies, organizations, and individuals involved in resolving cases falling under the jurisdiction of specialized courts.

The law states that specialized courts in international financial centers are courts within the people's court system, organized and operating according to the provisions of this law, and have jurisdiction to hear and resolve cases in international financial centers.

Specialized courts operate on the principle of independence in their jurisdiction; judges are independent and bound only by the law; equality before the law and the court is guaranteed; the system of first instance and appellate trials is ensured; trials are conducted publicly, except in cases of closed trials as prescribed by this law.

Specialized courts also operate on the principles of resolving cases fairly, transparently, impartially, objectively, quickly, and efficiently; conducting adversarial proceedings in trials; and employing flexible and specific procedural rules in accordance with international standards and practices...

The specialized court is located in Ho Chi Minh City. Its organizational structure includes: a first-instance court; an appellate court; and supporting staff. The specialized court has a chief judge, deputy chief judge, chief of court, deputy chief of court, judges, court clerk, other officials, and employees.

Specifically, the chief judge and deputy chief judge of specialized courts are appointed, dismissed, and removed from office by the Chief Justice of the Supreme People's Court. The term of office for the chief judge and deputy chief judge is 5 years from the date of appointment.

The chief judge and deputy chief judge of a specialized court are selected and appointed from among the judges of that specialized court.

Notably, the law stipulates that judges of specialized courts can be foreigners or Vietnamese citizens. This differs from the current Law on the Organization of Courts, which stipulates that judges must be Vietnamese citizens.

Foreign judges must meet several standards and conditions, such as being reputable lawyers or experts with good moral character, possessing relevant professional knowledge, and having a thorough understanding of investment and business law; they must also have at least 10 years of experience in adjudicating and resolving cases related to investment and business activities.

5 reasons why judges in specialized courts should include foreigners.

Previously, Chief Justice Nguyen Van Quang presented five reasons demonstrating the necessity of including foreign judges in the regulations. Accordingly:

Firstly, Resolution 222 of the National Assembly on international financial centers has stipulated that the operating language in international financial centers is English, or English accompanied by a Vietnamese translation.

He pointed out that none of the court staff have sufficient language skills to ensure trials are conducted in specialized English, especially specialized English related to economics and international affairs.

Secondly, regarding legal qualifications, most judges in Vietnam are not trained in the common law system, meaning they did not study law in countries like Singapore, the UK, or the US. Meanwhile, international financial centers must adjudicate according to the common law system.

Thirdly, according to Mr. Quang, appointing judges requires judicial experience, while in Vietnam no one has experience adjudicating international cases related to finance, trade, and investment.

Fourth, the judge's credibility is crucial; all parties look to the judge for trust. The judge must be experienced in handling cases, and the parties believe that the judge's ruling is completely independent, objective, and unaffected by external influences.

Fifth, Mr. Quang stated that he had previously researched the international financial center in Dubai, a rapidly developing country with two international financial centers. For the first 10 years, the Dubai International Financial Center completely outsourced its courts and judges to handle cases. They hired courts in Singapore, Hong Kong, and the UK to hear the cases.

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Source: https://tuoitre.vn/quoc-hoi-chot-lap-toa-chuyen-biet-tai-trung-tam-tai-chinh-co-tham-phan-nguoi-nuoc-ngoai-20251211112129443.htm