Create a complete legal corridor for specialized courts in the Financial Center

(Chinhphu.vn) - Continuing the 9th session, on the afternoon of May 26, the National Assembly discussed in the hall the draft Law amending and supplementing 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.

Member of the Politburo , Permanent Deputy Prime Minister Nguyen Hoa Binh speaks at the discussion session.

At the discussion session, many National Assembly delegates highly appreciated the draft content and contributed many enthusiastic opinions.

Deputy Prime Minister Nguyen Hoa Binh (National Assembly Delegate of Bac Giang Province) highly appreciated the construction of a specialized court in the financial center. The task of the specialized court is to resolve conflicts and disputes arising in the financial center.

In the financial center there will be both Vietnamese financial institutions but mainly foreign financial institutions.

"We build financial centers to attract international resources to serve the country's economic development. One of the issues that foreign investors are concerned about is that in situations of legal conflict, their assets and ownership rights are protected and the institution to protect these assets is the dispute resolution agency in the financial center, including a specialized court like the one we are discussing here," the First Deputy Prime Minister analyzed.

However, Permanent Deputy Prime Minister Nguyen Hoa Binh also noted that the establishment of a specialized court needs to take into account many factors to ensure that the court can operate effectively and substantially...

The First Deputy Prime Minister gave a specific example of language in trials. Currently, the Law on Courts requires trials to be conducted in Vietnamese. However, in a financial center with foreign international institutions, it will be very difficult to conduct trials in Vietnamese.

Or for judges, in the long term there will need to be a team of judges capable of resolving international disputes with foreign elements. In the short term, it will not be possible to meet the demand immediately, so according to experience, many countries will hire foreign judges. This is also a matter of concern.

Next, according to the Permanent Deputy Prime Minister, how is the law applied in specialized courts? How is the law usually applied in international disputes?... If we try in a financial center based on current Vietnamese law, it is not enough to resolve disputes and conflicts.

Therefore, it is necessary to consider supplementing regulations in this law amendment to create a complete legal corridor for the organization and operation of specialized courts in the Financial Center.

Delegate Nguyen Thi Viet Nga (Hai Duong delegation) spoke at the discussion session.

Decentralization of court authority in accordance with the new organizational model

Delegate Nguyen Thi Viet Nga (Hai Duong Delegation) expressed her agreement with the draft law and highly appreciated the amendment of regulations related to the jurisdiction of the Regional People's Court and the Provincial People's Court.

According to the delegate, the draft adjustment of the authority of the Provincial People's Court to no longer have the authority to resolve all civil cases, administrative cases, bankruptcy cases, and conduct mediation and dialogue activities at the Court, but to delegate authority to the Regional People's Court, is consistent with the scale and new organization of the Court after the rearrangement.

Because compared to the previous District People's Court, the established Regional People's Court will be stronger in terms of organization, expertise and human resources, so the decentralization of jurisdiction as in the draft is reasonable. This will help the Provincial People's Court to be more specialized in appeal and review procedures...

In addition, Ms. Nguyen Thi Viet Nga also pointed out that this model is similar to many countries in the world, that is, the provincial court system mainly plays the role of examining and resolving protests and appeals, not the first level of trial.

However, the assignment of authority to the Regional People's Court requires specific regulations and instructions, especially regulations on the transfer of cases that are still being resolved, along with investment in a synchronous infrastructure system to ensure the performance of tasks within its authority.

Regarding the proposal to establish a Bankruptcy Court and an Intellectual Property Court at the regional People's Court, delegate Nguyen Thi Viet Nga suggested carefully considering the establishment of Bankruptcy Courts and Intellectual Property Courts at the regional level. Because current trial practice shows that the number of cases in these two areas is not large, even in many provinces and cities, this type of case almost does not arise throughout the year. Establishing a specialized bankruptcy and intellectual property court at regional courts will entail the appointment of additional leadership positions and staff, while the trial efficiency of these courts remains low.

For these two areas, delegate Nguyen Thi Viet Nga proposed to arrange for specialized judges in the Economic Court or Civil Court to take charge, and not to organize additional specialized courts.

Hai Giang

Source: https://baochinhphu.vn/tao-hanh-lang-phap-ly-day-du-cho-toa-chuyen-biet-trong-trung-tam-tai-chinh-102250526174526461.htm