On the afternoon of June 24, with 414/416 delegates in favor, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Organization of People's Courts (TAND).
According to the newly passed law, the organization of the People's Court will be moved from 4 levels to 3 levels including the Supreme People's Court; Provincial and centrally-run city People's Courts (collectively referred to as provincial People's Courts); regional People's Courts.
Specialized court at the International Financial Center (collectively referred to as a specialized court); Central Military Court, Military Court of the Military Region and equivalent, Regional Military Court (collectively referred to as a Military Court).
According to the passed law, from July 1, the activities of 3 high-level People's Courts will end, no district-level courts will be organized.
Chief Justice of the Supreme People's Court Le Minh Tri said that there are many opinions related to the establishment of a specialized court under the International Financial Center.
In response to the opinions of National Assembly deputies, the Supreme People's Court has revised the regulations on specialized courts under the International Financial Center as in the draft law.
The new law clearly stipulates the tasks, powers, order, and procedures for litigation and dispute resolution; words and writing used in litigation, and the application of the law in specialized courts.
Judges on dispute settlement and other contents related to the organization and operation of specialized courts shall be prescribed by the National Assembly.
The National Assembly Standing Committee decides to establish, dissolve and regulate the scope of authority according to the territory of the specialized Court according to the proposal of the Chief Justice of the Supreme People's Court.
The number of members of the Supreme People's Court's Judicial Council shall not be less than 23 and not exceed 27 (currently 13 to 17 people). The standards and conditions for appointing Supreme People's Court judges are regulated in the direction of "expanding resources".
Some opinions say that expanding the source of appointment of Supreme People's Court judges will lower the standards and conditions for appointment and will not attract high-quality human resources.
Regarding this content, the consistent viewpoint of the Supreme People's Court is that the selection and appointment of Supreme People's Court judges must ensure high and strict standards.
The addition of appointment conditions, although expanding resources, still ensures that the appointed personnel must be People's Court judges and meet all other conditions and standards equivalent to or higher than the standards and conditions of current law.
According to Chief Justice Le Minh Tri, personnel work is the work of the Party, and those expected to be appointed as judges of the Supreme People's Court will be carefully considered and selected by competent authorities.
The Law adds that the subject of a People's Court judge must have held the position of Chief of professional affairs for 5 years in special cases to propose to competent authorities to appoint a Supreme People's Court judge with a limited number of about 10% of the total number of Supreme People's Court judges.
This regulation is appropriate, ensuring that the Supreme People's Court can select judges who are good at their expertise and profession, have political courage, moral qualities, professional responsibility, impartiality, and professionalism, meeting the requirements of the tasks in the new situation.
Regarding the proposal to assign the Commune-level Fatherland Front Committee to select and introduce the regional People's Court examination. The People's Court of the region has the scope of authority by territory for many commune-level administrative units.
If assigned to the Commune-level Fatherland Front Committee for selection, it will be very difficult to determine the structure and number of Jury members that need to be assigned to the Commune-level Fatherland Front Committee for selection and the People's Council of which commune to elect.
