Operating the Specialized Court at the International Financial Center smoothly and transparently

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Quang Khanh

Quickly and effectively resolve disputes that arise

The majority of National Assembly deputies approved the promulgation of the Law on Specialized Courts at the International Financial Center. National Assembly deputy Dang Bich Ngoc ( Phu Tho ) said that the establishment of this Court is necessary to institutionalize the Party's policies and the conclusions of competent authorities in order to create a mechanism to quickly and effectively resolve disputes arising in investment and business activities at the International Financial Center with modern, superior procedures, in accordance with international practices.

National Assembly Delegate Dang Bich Ngoc (Phu Tho) speaks. Photo: Quang Khanh

National Assembly Deputy Le Thu Ha (Lao Cai) emphasized that this is a breakthrough institutional opening step when for the first time building a specialized internationalized judicial institution right on the territory of Vietnam to handle global trade disputes, enhancing Vietnam's legal competitiveness in the region. However, the delegate also suggested that the draft Law needs to ensure three criteria, which are: international competition, fast and transparent procedures, friendly language with global trade standards; protection of judicial sovereignty , openness without sacrificing legal security and public interests; practical enforcement, judgments must be enforced both domestically and internationally.

National Assembly Delegate Le Thu Ha (Lao Cai) speaks. Photo: Ho Long

Since the Specialized Court model is designed with many unique and outstanding mechanisms, delegate Le Thu Ha suggested that it is necessary to stipulate a mechanism for regular review and updating during the implementation process. It is possible to consider and evaluate the overall performance of this Court after 3-5 years of operation, based on indicators such as: time to resolve cases, rate of judgment enforcement, level of choice of businesses, investors and feedback from the international market...

“Periodic assessment will help to identify problems early, promptly adjust inappropriate points and continue to improve outstanding advantages, thereby strengthening trust, increasing investment attractiveness and enhancing the legal status of the specialized court model.

A good judgment that is difficult to enforce is riskier than having no court at all. Therefore, if a new model is opened, it is necessary to ensure smooth, transparent operation and trust both domestically and internationally. The investment environment is only truly consolidated when the judgments of specialized courts come into effect, protect the interests of all parties and build long-term trust,” delegate Le Thu Ha emphasized.

Standards for judges are still general and difficult to define.

Regarding the authority to appoint Chief Justices of specialized courts, some National Assembly deputies agreed with the option that the Chief Justices of specialized courts are appointed, dismissed, or removed from office by the Chief Justice of the Supreme People's Court; stating that this provision ensures consistency in the authority of the Chief Justice of the Supreme People's Court in appointing positions in the People's Court system.

Regarding Judges (Article 9), the draft Law stipulates that it includes Vietnamese citizens and foreigners, ensuring that the regulations and standards in Clause 2 and Clause 3, Article 9 are met. National Assembly Deputy Dang Bich Ngoc agreed that it is possible to expand the source of judges appointed by the Specialized Court to include suitable foreigners to meet the immediate requirements. This will contribute to attracting high-quality, experienced human resources and is a very good condition for Vietnamese judges and court clerks to learn from experience, improve their capacity and professional qualifications.

National Assembly Delegate Do Ngoc Thinh (Khanh Hoa) speaks. Photo: Quang Khanh

However, National Assembly Deputy Do Ngoc Thinh (Khanh Hoa) said that this is a very complicated issue because the provisions in Clauses 2 and 3, Article 9 of the draft Law only set out general standards that are difficult to determine.

For example, Clause 2 stipulates that a foreign judge must meet the following conditions and standards: foreign judge, lawyer, expert with prestige, good moral qualities, and appropriate professional knowledge; have at least 10 years of experience participating in adjudication and resolving cases related to investment and business activities; have English proficiency to resolve cases at a specialized court; not over 75 years old, and have health to ensure the completion of assigned tasks.

On what basis can we determine whether a foreigner is a person of prestige, good moral character, and appropriate professional knowledge when they do not live and work in Vietnam? Raising this concern, delegate Do Ngoc Thinh suggested clarifying the criteria for foreign judges.

Source: https://daibieunhandan.vn/van-hanh-toa-an-chuyen-biet-tai-trung-tam-tai-chinh-quoc-te-thong-suot-minh-bach-10399387.html