Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien reported at the meeting.
Presenting the Report on receiving, explaining and revising 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 Mediation Law, and dialogue at the Court, Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien said: The Supreme People's Court (SPC) has received the opinions of National Assembly deputies on 28 issues, including many important contents on the establishment of a specialized Court under the International Financial Center; the authority to resolve bankruptcy, the authority to resolve cases related to intellectual property, technology transfer; the authority of the Chief Justice of the People's Court (PC) at all levels, perfecting human resources, improving the quality of the team of judges, etc.
Explaining some major issues, Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien said that regarding the proposal to assign the provincial People's Court to have the authority to hear at first instance administrative decisions and administrative acts of the People's Committee and the Chairman of the provincial People's Committee; to resolve requests to annul commercial arbitration awards, to detain aircraft and ships, and to handle cases with complicated nature or foreign elements; the Supreme People's Court found that the transfer of all jurisdiction to hear at first instance all types of administrative cases, civil, business, commercial, labor and bankruptcy cases to the regional People's Courts was reflected in the Project "Continuing to arrange and streamline the organization of the People's Court apparatus to ensure effective and efficient operations, meeting the requirements of judicial reform in the new period", approved by the Party Central Committee, the Politburo and the Secretariat. Therefore, the Supreme People's Court proposed to keep it as drafted.
Regarding the authority to resolve requests to annul arbitration awards, the Supreme People's Court has drafted amendments and supplements to Clause 2, Article 36 of the Civil Procedure Code in the direction that "The Standing Committee of the National Assembly stipulates that the Economic Court under a number of regional People's Courts has the authority to resolve requests to annul arbitration awards and register arbitration awards of cases; the territorial jurisdiction of the Economic Court under a number of regional People's Courts for requests to annul arbitration awards and register arbitration awards of cases."
Regarding the proposal to study and regulate in the direction that the regional People's Court with jurisdiction to try administrative cases is the Court where the agency or person with authority makes an administrative decision or commits an administrative act. The Supreme People's Court said that the regulation of different types of administrative complaints under the territorial jurisdiction of different regional People's Courts is to ensure harmony and reasonableness between the goals of creating favorable conditions for people to access justice and participate in court proceedings; the ability of competent agencies and persons to participate in proceedings as well as creating favorable conditions for parties participating in proceedings to access and collect documents and evidence to resolve cases.
In addition, the Supreme People's Court expressed its views on the proposal to review the Law on Juvenile Justice to ensure that changes in the jurisdiction of the Court will limit negative impacts on juveniles in implementing measures to redirect judgment execution or special proceedings for juveniles. The Supreme People's Court affirmed that the change in the jurisdiction of the People's Court does not affect the humane and special policies for juveniles stipulated in the Law on Juvenile Justice. The Supreme People's Court said that it has closely coordinated with the examining agency and relevant agencies to review the provisions of the Law to update and supplement, ensuring the consistency, synchronization and feasibility of the legal system.
Presenting the Verification Report on this content, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung stated that the Standing Committee of the National Assembly's Committee on Law and Justice basically agrees with the contents that have been accepted and revised by the Supreme People's Court as shown in the draft Law.
Regarding the re-determination of the jurisdiction of the People's Court to resolve and adjudicate civil and administrative cases, the Standing Committee of the People's Court agreed with the revision of the regulations on the re-determination of the jurisdiction of the People's Courts. Accordingly, the Regional People's Court has the jurisdiction of first instance over all civil and administrative cases and performs other tasks under the jurisdiction of the Court; the Provincial People's Court has the jurisdiction of appeal over all cases and matters of the Regional People's Court that have not yet come into legal effect and are appealed or protested; the Chief Justice and the Supreme People's Court have the jurisdiction of reviewing and re-trialing judgments and decisions of the Regional People's Court that have come into legal effect and are protested;
Regarding the jurisdiction of specialized courts of regional People's Courts and specialized courts of provincial People's Courts (amending and supplementing Articles 36 and 38 of the Civil Procedure Code, supplementing Article 31a of the Administrative Procedure Law; amending and supplementing Article 8 of the Bankruptcy Law), taking into account the opinions of National Assembly deputies, the Standing Committee of the National Assembly's Committee for Legal Affairs has coordinated with the Supreme People's Court and other agencies to revise the draft Law to ensure greater clarity and transparency regarding the jurisdiction of specialized courts. In particular, the Standing Committee of the National Assembly is assigned to specify the Intellectual Property Court and the Bankruptcy Court under a number of regional People's Courts; and to stipulate the territorial jurisdiction of the Intellectual Property Court and the Bankruptcy Court under a number of regional People's Courts.
In order to be consistent with the content of the acceptance and revision in the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts, the drafting agency proposed to amend and supplement Article 36 of the Civil Procedure Code, which stipulates that the Economic Court under a number of regional People's Courts (as prescribed by the Standing Committee of the National Assembly) has the authority to annul the award of a Commercial Arbitration. Regarding this content, the Standing Committee of the National Assembly's Committee for Legal Affairs has reported specifically and explained each option in the Report on opinions on the acceptance and revision of the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts. Based on the conclusion of the Standing Committee of the National Assembly, the Standing Committee for Legal Affairs will continue to coordinate with the Supreme People's Court to study and revise the draft Law.
Regarding the effective date, the draft Law stipulates that amendments and supplements to a number of articles of the Law on Juvenile Justice will take effect from January 1, 2026. The Standing Committee of the Juvenile Justice Committee noted that the Law on Juvenile Justice has a number of provisions that are beneficial to juveniles and will take effect from the date the Law is promulgated (December 20, 2024). Therefore, it is recommended that the drafting agency continue to study and review the provisions on the effective date of the draft Law to ensure consistency.
Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh highly appreciated the working spirit of the drafting agency and the agency reviewing the draft law. The National Assembly Standing Committee basically agreed with the content of the Submission and Report on opinions on receiving, explaining and revising 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. Regarding the authority to annul the award of the Commercial Arbitration, the National Assembly Standing Committee proposed to take a vote of National Assembly Deputies and accept the majority opinion.
Vice Chairman of the National Assembly Nguyen Khac Dinh requested the Supreme People's Court to coordinate with the Committee on Law and Justice to continue to coordinate with relevant agencies to study and absorb maximum opinions, complete the draft law, ensure consistency in the legal system, and submit it to the National Assembly for consideration and approval at the 9th Session./.
Hai Lien
Source: https://baochinhphu.vn/tiep-thu-nhieu-noi-dung-quan-trong-ve-viec-thanh-lap-toa-an-chuyen-biet-thuoc-trung-tam-tai-chinh-quoc-te-102250603152938285.htm
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