On the afternoon of May 26, the National Assembly discussed in the hall on the Law on Amending and Supplementing a number of articles of the Civil Procedure Code, the Law on Administrative Procedure, the Judicial Law Law, the Bankruptcy Law and the Law on Conciliation and Dialogue at the Court.
At the discussion session, issues related to sanctions for People's Committee Chairmen and Vice Chairmen who do not attend administrative trials or have no dialogues were discussed enthusiastically.
According to Colonel Nguyen Tam Hung - Member of the National Defense, Security and Foreign Affairs Committee, the current Law on Administrative Procedure only allows the Chairman of the People's Committee to command the Vice Chairman of the People's Committee of the same level but the reality has been authorized for a long time to authorize the leadership of the professional agency. Delegates said that this is not consistent with the regulations.
From the above reality, the delegate suggested that the drafting committee consider considering keeping the regulation to ensure direct responsibility of the head or reasonable expansion to allow the authorization of the head of a professional agency with clear and strict conditions.
Accepting the opinions of delegates and explaining to the National Assembly, Chief Justice of the Supreme People's Court Le Minh Tri said that the nature of the current law does not have clear sanctions for those involved in administrative litigation, such as the Chairman of the People's Committee.
Mr. Le Minh Tri also said that this issue is in contradiction with reality. "If we want to be strict, there must be sanctions. If it is not strict, it cannot be followed, but if it is strict, it cannot be done" - Mr. Tri said.
For example, Mr. Tri stated that in developed localities, chairmen of provincial and municipal People's Committees have great work pressure. If there are 500 dialogues or trials in a year, there will be "no time to run and manage the state".
Mr. Tri said that he will accept the opinions of delegates and study the adjustment in the law to suit reality, but still be strict.
There are opinions of delegates that the establishment of the Bankruptcy Court and the Intellectual Property Court at the regional level can increase staffing, increase operating costs, and cause waste.
Chief Justice of the Supreme People's Court Le Minh Tri affirmed that the draft law only stipulates the establishment of 3 Bankruptcy Courts in 3 cities (HCMC, Da Nang, Hanoi), the Intellectual Property Court is only in regional courts of Ho Chi Minh City and Hanoi City.
"Regarding the roadmap, when cases and incidents related to this issue increase, we will adjust the scale and level of arrangement of these specialized courts in localities to suit.
First of all, we strive to streamline the apparatus but ensure effectiveness and efficiency. This time, 693 district-level courts have terminated their operations. 355 regional buildings have been established, with huge investment in resources and human resources," said Mr. Le Minh Tri.
Mr. Tri also thanked the delegates for their contributions and constructions on the content of the draft law. The drafting agency will record and make adjustments to suit reality.
