Submit to the National Assembly to establish a specialized court at the International Financial Center in Ho Chi Minh City

Chief Justice of the Supreme People's Court Nguyen Van Quang. Photo: VIET CHUNG

The report presented by Chief Justice of the Supreme People's Court Nguyen Van Quang said that the law is aimed at establishing a specialized Court at the International Financial Center according to a specific model of the People's Court system, compatible with international standards and practices, with the function of resolving disputes and requirements on investment and business at the International Financial Center.

The specialized court at the International Financial Center has a suitable organizational structure; flexible, effective, transparent, and trustworthy litigation procedures; a team of professional, prestigious judges at par with international standards, meeting the requirements for resolving arising cases; creating a superior, fair, effective, and efficient dispute resolution mechanism in accordance with international practices to protect the legitimate rights and interests of investors and the interests of the nation...

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung. Photo: VIET CHUNG

According to the draft, a specialized court will be established in Ho Chi Minh City, with the authority to resolve disputes and requests arising at the International Financial Center in both Ho Chi Minh City and Da Nang City. The organizational structure of the specialized court includes: Court of First Instance, Court of Appeal, and supporting apparatus. The specialized court has a Chief Justice, Deputy Chief Justice, Chief Judge, Deputy Chief Judge, Judges, Court Clerks, other civil servants and employees.

Judges of the Specialized Court are appointed by the President from the following sources: foreigners; Vietnamese citizens who are civil servants, lawyers, arbitrators, university lecturers, scientists, experts; and judges of the People's Court. For foreign judges, Vietnamese judges from the source of experts and lawyers will work at the Specialized Court under a contract regime and will be paid according to the cases they participate in adjudicating and resolving.

Examining the draft Law on Specialized Courts at the International Financial Center, the National Assembly's Committee on Law and Justice (Committee) agreed on the necessity of enacting the law; agreed to submit the draft law to the National Assembly for consideration and approval at the 10th session according to the shortened procedures. The Committee agreed with the provisions of the draft law on the establishment of a Specialized Court located in Ho Chi Minh City; the principles of organization and operation of the Court; and the organizational structure of the Court.

According to the Committee, the draft law stipulates the application of fundamental and core contents of common law proceedings to resolve investment and business disputes at the International Financial Center in Vietnam, as a basis for the Supreme People's Court to promulgate the Rules of Procedure of the Specialized Court, demonstrating its uniqueness, superiority, and conformity with the direction of the competent authority. This is a solid foundation for the Specialized Court to meet international competitiveness.

The Committee recommends not regulating the parties' choice to apply "international treaties to which Vietnam is not a member" because international treaties create, change or terminate the rights and obligations of the State, so Vietnam's acceptance of commitments under international treaties must go through strict signing and ratification procedures.

On the afternoon of December 4, National Assembly deputies discussed this draft law. Deputy Nguyen Van Quan (Director of the Department of Justice of Can Tho City) agreed with the need to promulgate the law, but still had concerns about some contents related to the regulation that judges of this specialized court can be foreigners.

"The verdict was announced in the name of the Socialist Republic of Vietnam, so in case the verdict is incorrect or does not follow precedent, or is biased, how will it be handled when the judge is a foreigner and has the right to protect the rights of citizens of their country?", Deputy Nguyen Van Quan raised the issue.

Speaking at the discussion, National Assembly Chairman Tran Thanh Man said that issues related to foreign judges have been carefully considered and weighed by competent authorities. According to the National Assembly Chairman, in order to establish and effectively operate the International Financial Center in Ho Chi Minh City, it is necessary to have a specialized court located there and apply "rules of the game" according to international standards. Meanwhile, domestic personnel are not good at English and do not understand international law, so it is necessary to attract foreign experts to collaborate.

“If Vietnam does not strongly implement this, international investors will not come to Vietnam, leading to a failure to attract investment capital and the Financial Center project will not be as effective as expected,” Comrade Tran Thanh Man emphasized. Regarding the salary for foreign judges, the Government will have instructions later, but it will certainly have to be specific, because otherwise it will be impossible to attract foreign talent.

PHAN THAO-ANH THU

Source: https://www.sggp.org.vn/trinh-quoc-hoi-thanh-lap-toa-an-chuyen-biet-tai-trung-tam-tai-chinh-quoc-te-o-tphcm-post826929.html