Reviewing the draft Law on Specialized Courts at the International Financial Center

Attending were: Member of the Party Central Committee, Chief Justice of the Supreme People's Court Nguyen Van Quang; members of the Committee on Law and Justice; representatives of the Standing Committee of the Nationalities Council and Committees of the National Assembly; representatives of leaders of a number of ministries, branches and relevant agencies.

Chairman of the Committee on Law and Justice Hoang Thanh Tung speaks at the meeting

The Draft Law consists of 43 articles and 5 chapters, stipulating the tasks and powers; organizational structure; competence, order and procedures; enforcement of judgments and decisions; judges, court clerks, representatives of the parties; and ensuring the operation of specialized courts at the International Financial Center.

The Draft Law stipulates the organizational structure of the special specialized Court to ensure the authority of this Court in resolving cases at two levels (first instance and appeal), including: Court of First Instance; Court of Appeal; Supporting apparatus. The special court has a Chief Justice, Deputy Chief Justice, Chief Judge, Deputy Chief Judge, Judges, Court Clerks, other civil servants and employees.

Chief Justice of the Supreme People's Court Nguyen Van Quang speaks at the meeting

The specialized court has the authority to resolve cases arising between members of the International Financial Center or between members of the International Financial Center and other agencies, organizations, and individuals that are not members of the International Financial Center, except for cases related to public interests and state interests. For disputes related to public interests and state interests, if the investor files a lawsuit, it will be resolved at the competent People's Court according to the provisions of current Vietnamese procedural law.

Members of the Law and Justice Committee agreed on the necessity of promulgating the Law to promptly institutionalize the Party's policy and the competent authority's conclusions on establishing a specialized Court at the International Financial Center in Vietnam; creating a mechanism to quickly and effectively resolve disputes arising from investment and business activities at the International Financial Center with modern, superior procedures and processes in accordance with international practices.

In addition, a number of provisions of the draft Law cite and stipulate the implementation of specific contents according to the provisions of relevant laws. The Committee on Law and Justice recommends that the Supreme People's Court continue to review and ensure the consistency and feasibility of these provisions, in accordance with the specific organization and operation of Vietnam's Specialized Courts.

At the same time, it is recommended that the Supreme People's Court continue to review and research to supplement specific regulations on the organization and operation of specialized courts, on the jurisdiction of the Court, litigation procedures at specialized courts, the enforcement of judgments and decisions of the Court, conditions to ensure operations and other specific and outstanding mechanisms and policies to build a truly modern, prestigious and internationally competitive Vietnamese specialized court; establish a mechanism for dispute resolution by superior, fair, effective and efficient courts in accordance with international practices, thereby ensuring the success of the specialized court at the International Financial Center when it is established.

Regarding foreign judges, some delegates said that they should be used selectively. For disputes with foreign elements, foreign judges can be arranged to increase reliability; for disputes between domestic enterprises, it is not necessary to use foreign judges.

Source: https://daibieunhandan.vn/tham-tra-du-an-luat-toa-an-chuyen-biet-tai-trung-tam-tai-chinh-quoc-te-10397805.html