Organizing Bankruptcy Courts at 3 regional people's courts in Hanoi, Da Nang and Ho Chi Minh City

The report stated that, implementing the Party's policy, the Supreme People's Court Party Committee has developed a project to continue to arrange and streamline the People's Court apparatus to ensure effective and efficient operations, meeting the requirements of judicial reform in the new situation; the project has been concluded and approved by the Party Central Committee, the Politburo, and the Secretariat.

The basic content is not to organize an intermediate level (ending the operation of 3 high-level People's Courts), not to organize a district-level People's Court but to replace it with a regional People's Court model, to organize a Court system according to jurisdiction including 3 levels: Supreme People's Court, provincial level, regional level; to adjust the tasks and powers between Court levels, and the number of Supreme People's Court judges.

On that basis, the draft law has amended and supplemented regulations on the organization, tasks, and powers of the People's Courts, the number, standards, and conditions for appointing Supreme People's Court judges.

Based on the organizational model of the 3-level court system, the draft law amends and supplements regulations on the tasks, powers, and organizational structure of the courts. Accordingly, the Supreme People's Court supplements the tasks and powers of appellate criminal cases in which the judgments and decisions of the provincial People's Courts that have not yet taken legal effect are appealed or protested...

At the regional People's Courts, there are specialized courts including: Criminal Court, Civil Court, Administrative Court, Economic Court, Family and Juvenile Court.

Supplementing regulations in some regional People's Courts with Bankruptcy Courts and Intellectual Property Courts, the territorial jurisdiction of these specialized Courts is prescribed by the National Assembly Standing Committee.

The Supreme People's Court plans to organize 3 Bankruptcy Courts at 3 regional People's Courts in Hanoi, Da Nang and Ho Chi Minh City; organize 2 Intellectual Property Courts at 2 regional People's Courts in Hanoi and Ho Chi Minh City.

According to the Government, the arrangement of specialized courts on bankruptcy and intellectual property in some regional People's Courts in large provinces and cities which are the economic and financial centers of the country is necessary to improve the quality of handling and adjudicating these types of cases; at the same time, to realize the commitment and affirm Vietnam's determination to strictly enforce intellectual property rights, improve the investment and business environment, and strongly attract foreign investment from our country to the international community. The above-mentioned regulations on specialized courts on bankruptcy and intellectual property do not create new focal points, increase the staff and working headquarters.

Chief Justice of the Supreme People's Court Le Minh Tri presented the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts, on the morning of May 8. Photo: VIET CHUNG

The Chairman of the National Assembly's Committee on Law and Justice presented a report examining this draft law, stating that the Committee agrees with the regulations on the organization of the People's Court, including the Supreme People's Court, provincial People's Courts, and regional People's Courts (military courts are maintained according to current law). The activities of the High People's Court and the District People's Court will end.

The Committee basically agreed on the redistribution of tasks and powers of each level of Court.

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung presented a report on the review of the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts on the morning of May 8. Photo: VIET CHUNG

The Committee also approved the establishment of the Supreme People's Court of Appeal to carry out the newly assigned task of reviewing appeals of criminal judgments and decisions of provincial People's Courts that have not yet entered into legal effect and are subject to appeals or protests.

The Committee basically agreed with the proposal to establish an Economic Court at the Regional People's Court; an Intellectual Property Court, and a Bankruptcy Court at a number of Regional People's Courts in major provinces and cities that are the economic and financial centers of the country. However, there were concerns about the availability of highly qualified and specialized human resources to be placed in these specialized courts.

LAM NGUYEN

Source: https://www.sggp.org.vn/to-chuc-toa-pha-san-tai-3-toa-an-nhan-dan-khu-vuc-o-ha-noi-da-nang-va-tphcm-post794241.html