Piloting the People's Procuracy to initiate civil lawsuits to protect vulnerable groups

On May 29, the National Assembly discussed in the hall the draft Resolution of the National Assembly on piloting the People's Procuracy in initiating civil lawsuits to protect the civil rights of vulnerable groups or to protect public interests.

National Assembly delegates discuss on May 29. Photo: VIET CHUNG

The draft resolution identifies the scope of 6 vulnerable groups and 4 areas of public interest that the Procuracy will pilot in initiating civil lawsuits to protect civil rights and public interests.

The draft stipulates a 3-year pilot program in 6 localities including Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh, and Dak Lak. These are all localities with relatively developed socio -economic conditions, a fairly complete legal system and court prosecutors.

Discussing this content, delegate To Van Tam ( Kon Tum ) and other delegates agreed that the National Assembly issued a Resolution, closely following the Party's policy, concretizing the 2013 Constitution on protecting human rights, citizens' rights and obligations, and protecting public interests.

Delegate To Van Tam (Kon Tum). Photo: VIET CHUNG

Deputy Nguyen Minh Tam (Quang Binh) said that the protection of rights in general and the protection of civil rights in particular of vulnerable groups or the protection of public interests has always received great attention from the Party and the State and has been codified in many laws such as the Law on Children, the Law on the Elderly, the Law on Legal Organization, the Law on Cultural Heritage, the Law on Environmental Protection, etc.

However, in practice, from January 1, 2005 to December 30, 2023, the number of cases in which agencies and organizations filed lawsuits to protect public interests and vulnerable groups was only 86 cases/more than 5,500,000 cases. This represents a very low rate, only 0.0016%.

In addition, the issue of asset recovery and civil compensation in criminal cases related to crimes in finance, banking, land, environmental resources, food safety, health, etc. has not been thoroughly resolved.

Therefore, cases related to public interests and vulnerable groups also need an independent protection mechanism in parallel with the current mechanism to enhance the protection of legitimate rights and interests in civil relations. This is really necessary and it is appropriate to assign it to the People's Procuracy.

Delegate Pham Van Hoa (Dong Thap). Photo: VIET CHUNG

Regarding cases where the Procuracy initiates lawsuits, Deputy Pham Van Hoa (Dong Thap) agrees with the provisions of the draft. The Deputy believes that for vulnerable groups, there are special cases where people want to file lawsuits but do not have the conditions to file lawsuits, so it is necessary for the Procuracy to help them file lawsuits. However, the Deputy suggests that the Procuracy review more vulnerable groups in addition to the 6 groups mentioned in the draft. For example, the group of workers.

On the other hand, we also need to consider the case where they do not want to sue but the Procuracy insists on suing. Of course, for many reasons they do not want to sue, we have to persuade them, but if they do not sue but the Procuracy is determined to sue, it will be very difficult because of the lack of companionship and cooperation. Therefore, the delegate believes that we need to consider more about the injured party who does not want to sue.

Delegate Phan Thi My Dung (Long An). Photo: VIET CHUNG

Delegate Phan Thi My Dung (Long An) said that, compared with current legal regulations related to the subjects receiving protection support, this resolution is much broader. For example, in the Law on Legal Aid for the Elderly and People with Disabilities, there must be financial difficulties. The Delegate suggested a review because the subjects are too broad, while in the draft resolution, the civil rights of vulnerable groups that the Procuracy initiates a lawsuit to protect include both personal rights and property rights.

Delegate Pham Van Hoa and Delegate Phan Thi My Dung also proposed to clearly define where the court fees will be paid if a lawsuit is filed.

Regarding the authority to initiate lawsuits, Deputy Pham Van Hoa was concerned about the Supreme People's Procuracy initiating lawsuits in special cases related to provinces, ministries and branches; the remaining provincial and regional Procuracies performing the task of initiating lawsuits need further consideration.

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien gives an explanatory speech. Photo: VIET CHUNG

Explaining to the National Assembly, Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien said that regarding the scope of the lawsuit, in the process of studying this draft Resolution, the Supreme People's Procuracy had two projects and studied and reported to the Politburo.

The first project is about civil lawsuits to protect public interests and the disadvantaged, the rest is called public interest civil litigation; the second project is about administrative lawsuits to protect public interests, without the disadvantaged. The Politburo has approved the first project.

The Project on administrative lawsuits is currently being researched and reported in the near future.

According to the Director, these two issues belong to different areas of litigation, so the subjects of lawsuits in this resolution are not public agencies (temporarily called civil litigation). Later, if the administrative litigation project is approved, there will be pilot litigation.

PHAN THAO

Source: https://www.sggp.org.vn/thi-diem-vien-kiem-sat-nhan-dan-khoi-kien-vu-an-dan-su-de-bao-ve-nhom-de-bi-ton-thuong-post797299.html