Strictly regulate the standards and conditions for appointing judges of specialized courts.

On the afternoon of December 4, during a discussion at Group 15 (including the National Assembly Delegation of Phu Tho and Dak Lak provinces) on the draft Law on Specialized Courts at the International Financial Center, some opinions proposed to study the appointment of foreign judges, including those who were judges, lawyers or highly qualified experts; at the same time, it is necessary to strictly regulate the standards and conditions for appointment.

Ensure that the draft regulations are strict and easy to implement.

The delegates basically agreed with the need to promulgate the Law on Specialized Courts at the International Financial Center. The establishment of the Specialized Court aims to concretize the provisions of the Law on Organization of People's Courts, implement Resolution No. 222 dated June 27, 2025 of the National Assembly on the International Financial Center in Vietnam; at the same time, meet the requirements of building and effectively operating the International Financial Center, contributing to creating a transparent and stable investment environment, enhancing the confidence of domestic and foreign investors in the legal system of Vietnam.

Panorama of Group 15 meeting. Photo: Xuan Quy

However, delegates emphasized that in the process of completing the draft Law, the drafting committee needs to ensure the Party's leadership is thoroughly implemented, fully institutionalize policies and guidelines on the construction and operation of the International Financial Center in general and the Specialized Court in particular; at the same time, ensure consistency with Resolution No. 222 of the National Assembly and the Law on amending and supplementing a number of articles of the Law on Organization of People's Courts.

National Assembly Delegate Nguyen Thuy Anh ( Phu Tho ) speaks. Photo: Xuan Quy

National Assembly Deputy Nguyen Thuy Anh (Phu Tho) noted that the draft Law has many contents that incorporate international experience, so it is necessary to review the provisions to make them strict, easy to understand and easy to apply. New concepts and terms such as “expert evidence”, “public order”, “procedural rules”… need to be explained clearly and consistently.

Regarding the composition of the first instance and appeal trial (Article 14), National Assembly Deputy Dang Bich Ngoc (Phu Tho) agreed with the option of presiding over the first instance trial by one Judge, without the participation of the People's Jurors. For complicated cases, at the request of the parties, the Chief Justice of the Court will decide on the first instance trial by a Trial Panel of 3 Judges.

National Assembly Delegate Dang Bich Ngoc (Phu Tho) speaks. Photo: Xuan Quy

The delegate said that practice shows that for complicated cases, there needs to be a Trial Council to ensure objectivity and improve the quality of the trial. Collective trials will avoid one-sided views; judges have the opportunity to exchange and discuss in an objective and democratic manner, thereby ensuring transparency in the trial process. Thanks to that, the verdicts will build trust among the people, create positive public opinion and contribute to giving other countries more basis to choose and appreciate the model of Vietnam's specialized court, creating a wider spread. Therefore, the addition of regulations for complicated cases to be tried by a Council of 3 judges is completely appropriate and meets the requirements of the current stage.

Prescribe strict standards and conditions for appointing judges.

Regarding the authority to appoint the Chief Justice of the Special Court (Article 8), National Assembly Deputy Dang Bich Ngoc agreed with the option of assigning the Chief Justice of the Supreme People's Court to make the appointment to ensure consistency in the judicial system and ease of implementation. If this authority is assigned to the President , more procedures will arise and time will be wasted.

Delegates attending the group discussion session. Photo: Xuan Quy

Regarding the organization of the Specialized Court (Article 6), delegates agreed to locate the headquarters in Ho Chi Minh City to facilitate the settlement of cases arising at the International Financial Center, and at the same time create favorable conditions when foreign investors choose this Court to resolve disputes.

Regarding the regulations on the sources of appointment of judges of specialized courts (Article 9), including foreigners, Vietnamese citizens and judges of the People's Court, National Assembly member Dang Bich Ngoc said that: in the newly established period, the human resources with in-depth knowledge of this field in the country are still limited. Therefore, the delegate proposed to study the appointment of judges who are foreigners, including those who used to be judges, lawyers or highly qualified experts; at the same time, strictly regulate the standards and conditions of appointment. This approach helps attract high-quality human resources with experience in handling international disputes, while creating opportunities for domestic judges to study and access international experience, improving the operational efficiency of specialized courts.

National Assembly Deputy Ngo Trung Thanh (Dak Lak) speaks. Photo: Xuan Quy

Sharing the same view, National Assembly member Ngo Trung Thanh (Dak Lak) also supported the appointment of foreign judges with expertise and experience in handling disputes in international financial centers. However, the delegate said that for specialized court secretaries, priority should be given to recruiting Vietnamese people to train and build a team of successors, creating a source for appointing judges in the future.

Regarding the appointment of specialized Court Secretaries, National Assembly Delegate Nguyen Thuy Anh suggested that in the initial stage when the Court begins operating, it should be regulated that anyone who meets the standards and conditions can be selected and appointed, and is not required to be a civil servant of the People's Court beforehand.

Delegates attending the discussion. Photo: Xuan Quy

Commenting on the jurisdiction of the Specialized Court in Article 12, National Assembly Deputy Nguyen Thuy Anh also suggested that after a certain period of operation, it is necessary to summarize the practical situation and study to allow the expansion of the jurisdiction of the Specialized Court to resolve business investment disputes where the parties are foreign investors, not members of the International Financial Center but choose the Specialized Court to resolve. This provision will contribute to enhancing the position and prestige, creating competition for the Court, effectively promoting the resources of the Specialized Court in accordance with the practice and experience of the Courts of some countries with jurisdiction to resolve disputes for parties that are not members of the International Financial Center.

Source: https://daibieunhandan.vn/quy-dinh-chat-che-cac-tieu-chuan-dieu-kien-bo-nhiem-tham-phan-toa-an-chuyen-biet-10398266.html