Reviewing the jurisdiction of provincial-level courts in resolving bankruptcy cases.

National Assembly representative Pham Thi Hong Yen – from the Binh Thuan Provincial National Assembly Delegation – expressed her agreement with the necessity of amending several articles of the Civil Procedure Code, the Administrative Procedure Law, the Juvenile Justice Law, the Bankruptcy Law, and the Law on Mediation and Dialogue in Courts. According to the representative, this is a step consistent with the requirements of judicial reform in the new situation, while also meeting the goal of streamlining the court system in accordance with the Party's policy of reorganizing administrative units.

National Assembly Representative Pham Thi Hong Yen – Delegation of the National Assembly of Binh Thuan Province

However, Representative Pham Thi Hong Yen also pointed out several points that need further careful review in the draft law's dossier. Specifically, there are currently no clear regulations regarding cases where a draft law is not submitted by the Government but by the Supreme People's Court – as in this case – whether it is mandatory to have the Government's opinion or a report on the acceptance and explanation of the feedback. This is a legal gap that needs to be specifically regulated to ensure strictness and transparency in the legislative process.

In particular, delegates focused on analyzing Article 4 of the draft law, which amends and supplements Article 8 of the Bankruptcy Law, stipulating that the authority to resolve bankruptcy cases belongs to the regional People's Courts. According to delegates, this provision does not fully reflect the role of provincial-level People's Courts in adjudicating bankruptcy cases of enterprises and cooperatives. Meanwhile, the draft Law on the Organization of People's Courts only specifies that the provincial level has appellate jurisdiction but does not have a specialized bankruptcy court. This inconsistency could lead to difficulties in law enforcement and reduce the effectiveness of bankruptcy resolution – an important tool for freeing up resources in the economy.

Based on the aforementioned shortcomings, Representative Pham Thi Hong Yen proposed a comprehensive review and synchronized adjustment of legal regulations related to the jurisdiction of provincial-level People's Courts, not only in the Bankruptcy Law but also in the Law on the Organization of People's Courts and related laws. This aims to ensure the consistency of the legal system and align with the spirit of Resolution No. 68-NQ/TW dated May 4, 2025, of the Central Committee on judicial reform, which requires improving the bankruptcy process towards speed and efficiency, contributing to socio-economic development.

In addition, delegates also proposed further review of legislative drafting techniques, especially replacing the phrase "directly superior People's Court" with "Provincial People's Court" in related provisions, to ensure consistency throughout the current legal system.

Commenting on this draft law, National Assembly representative Tran Hong Nguyen agreed with the necessity of amending and expanding the jurisdiction of regional first-instance courts, especially in civil and administrative litigation. However, the representative also expressed concerns about granting jurisdiction to regional first-instance courts to handle administrative cases – a specialized and complex area – particularly complaints against administrative decisions and actions of provincial People's Committees and their chairmen.

National Assembly representative Tran Hong Nguyen participates in the group discussion.

Delegates suggested that the Supreme People's Court needs to implement comprehensive solutions regarding organization, the team of judges, and professional training to ensure the quality of trials and meet the requirements when expanding its jurisdiction.

Source: https://baobinhthuan.com.vn/ra-soat-dong-bo-tham-quyen-toa-an-cap-tinh-trong-giai-quyet-pha-san-130142.html