On the afternoon of April 16, the National Assembly Standing Committee commented on the draft Resolution of the National Assembly on the pilot of the People's Procuracy to sue the civil case to protect the civil rights of the entities as vulnerable groups or to protect public interests.
Presenting the report, the Director of the Supreme People's Procuracy Nguyen Huy Tien said that Article 187, the 2015 Civil Procedure Code stipulates that the protection of civil rights of the subjects is the vulnerable group or the protection of public interests through the initiating a lawsuit that is assigned to agencies, organizations and individuals.
However, in the past time, agencies, organizations and individuals have not yet been implemented, inadequate or inadequate their responsibilities, leading to the state interests, public interests, legal rights and interests of the vulnerable group that have not been effectively protected in accordance with the law.
The reason was said by the Supreme People's Procuracy Director of the Supreme People's Procuracy because agencies and organizations did not have enough resources, capacity and experience to participate in the proceedings; The law has not stipulated the mechanism to ensure the agencies, organizations and individuals to well implement the right to sue civil cases in these cases.
The Supreme People's Procuracy found that the development of the National Assembly's resolution on the pilot of the People's Committee sued the public case in an urgent case to solve problems arising in practice.
VKSND proposes to allow the formulation of pilot resolutions in the order and shortcoming procedures to meet practical requirements.
Regarding the implementation effect, the agency drafting this Resolution takes effect from January 1, 2026 and is carried out for 3 years in provinces and cities: Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh, Dak Lak, except for the National Assembly with other decisions.
According to Mr. Nguyen Huy Tien, this pilot does not generate additional staff and organizational structure.
On behalf of the verification agency, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Standing Committee of the Committee approved the need for the resolution. However, it is required that the drafting agency adds the written opinions of the Government and the Supreme Court to ensure adequate documents as prescribed.
The verification agency also agreed with the identification of vulnerable groups and protected public benefits as draft resolutions.
In addition, in order to ensure strict, the drafting agency is requested to continue researching and clarifying the concept of "public benefits" with the concepts of national interests, ethnicity, the interests of the State, public interests to fully and agree with other laws.
In addition, the verification agency also proposed to review a number of cases of vulnerable groups such as: people with limited civil act capacity, ethnic minorities living in areas with difficult socio -economic conditions.
According to Mr. Tung, the draft Resolution stipulates the authority of the People's Procuracy in checking, verifying and collecting documents and evidence, in which many contents under the authority of the Court are inappropriate.
Comments at the meeting, Member of the Politburo, National Assembly Chairman Tran Thanh Man suggested, should issue a pilot resolution with conditions such as building a legal framework so that it is clear, it is necessary to specify the scope, object and field of application.
For example, the environment, food safety, the rights of minors, the right to lawsuits, the mechanism of coordination of the court.
The Chairman of the National Assembly said how to comply with the Civil Procedure Code we are implementing and related legal documents.
