National Assembly Delegate Pham Thi Hong Yen - National Assembly Delegation of Binh Thuan Province, expressed her agreement with the need to amend a number of articles of the Civil Procedure Code, the Administrative Procedure Law, the Juvenile Justice Law, the Bankruptcy Law and the Law on Mediation and Dialogue at Court. According to the delegate, this is a step in line with the requirements of judicial reform in the new situation, while also meeting the goal of streamlining the court apparatus according to the Party's policy of arranging administrative units.
However, Delegate Pham Thi Hong Yen also pointed out a number of points that need to be carefully reviewed in the draft law dossier. Specifically, there are currently no clear regulations for cases where the 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 acceptance and explanation. 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 belongs to the regional People's Court. According to delegates, this provision does not fully reflect the role of the provincial People's Court in adjudicating bankruptcy cases of enterprises and cooperatives. Meanwhile, the draft Law on the Organization of People's Courts only determines that the provincial level has the authority to appeal but does not have a specialized bankruptcy court. This lack of consistency can lead to difficulties in law enforcement and reduce the effectiveness of bankruptcy resolution - an important tool to free up resources in the economy.
From the above shortcomings, Delegate Pham Thi Hong Yen suggested that it is necessary to comprehensively review and synchronously adjust legal provisions related to the jurisdiction of provincial People's Courts, not only in the Bankruptcy Law but also in the Law on Organization of People's Courts and related laws. This is to ensure the consistency of the legal system, and at the same time, in accordance 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 in a quick and effective manner, contributing to promoting socio-economic development.
In addition, the delegate also recommended continuing to review legislative 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 the draft law, National Assembly Delegate Tran Hong Nguyen agreed with the need to amend and expand the authority of the Regional Court of First Instance, especially in the field of civil and administrative proceedings. However, the delegate also expressed concerns about assigning the authority to resolve administrative cases - a specific and complicated field - to the Regional Court of First Instance, especially complaints against administrative decisions and administrative acts of the People's Committee and the Chairman of the People's Committee at the provincial level.
Delegates suggested that the Supreme People's Court needs to have synchronous solutions regarding organization, team of judges, and professional training to ensure trial quality and meet 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
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