On the morning of May 8, continuing the 9th Session, Chief Justice of the Supreme People's Court Le Minh Tri presented the Proposal for the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts (TAND).
Chief Justice Le Minh Tri said that the basic content is not to organize an intermediary level (end the operation of 3 high-level People's Courts), not to organize district-level People's Courts but to replace them with a regional People's Court model.
Organize the Court system according to the trial authority, including 3 levels: Supreme People's Court, provincial and regional levels; adjust tasks and powers between Court levels, and the number of Supreme People's Court Judges.
The draft law has amended and supplemented regulations on the organization of the Court system in the direction of ending the activities of the High People's Court and District People's Court; establishing a Regional People's Court; converting specialized First Instance Courts into specialized Courts in the Regional People's Court.
Accordingly, the model of organizing the Court system includes: Supreme People's Court; Provincial and centrally-run City People's Courts; Regional People's Courts.
The draft Law on addition of the Council's component consists of 1 head of the Supreme People's Court, Judge of the People's Court, 1 Chief Justice of the Supreme Court of Appeal, 1 Chief Justice of the provincial People's Court, appointed by the Chief Justice of the Supreme People's Court to replace the three high -level court judges.
With the Supreme People's Court, it adds the task and authority to appeal criminal cases whose judgments and decisions do not have legal effect of the provincial People's Court that are appealed or appealed.
Supplementing the regulations in the organizational structure of the Supreme People's Court, there are Supreme Court of Appeal and assigned the National Assembly Standing Committee to prescribe the scope of the territory of the Supreme Court of Appeals at the request of the Supreme Court of the Supreme Court.
Increase the number of Supreme People's Court Judges from 13 to 17 to 23 to 27 to ensure adequate human resources to promptly and qualitatively resolve the volume of appraisal and re-appointment work transferred from the High People's Court to meet the targets and requirements of the National Assembly.
Because the number of supreme People's Court judges has adjusted, it is necessary to amend and supplement synchronously in the direction of increasing the number of supreme court judges selected, appointed from the source outside the court and identifying no more than 3 people to ensure the ratio is appointed from the source of the court not exceeding 10% of the supreme People's Court.
Chief Justice Le Minh Tri also clearly stated the restructuring of the People's Courts of districts, towns, and cities under provinces and cities under centrally-run cities into regional People's Courts.
Amend and supplement regulations on the organizational structure of regional People's Courts, in which it is stipulated that regional People's Courts have specialized Courts including: Criminal Court, Civil Court, Administrative Court, Economic Court, Family Court and Juvenile.
Supplementing regulations in some regional courts with the Bankruptcy Court, the Intellectual Property Court, the scope of authority according to the territory of these specialized courts as prescribed by the National Assembly Standing Committee.
The Supreme People's Court plans to organize 3 Bankruptcy Houses at 3 regional courts in Hanoi, Da Nang and Ho Chi Minh City; organize 2 Intellectual Property Houses at 2 regional courts in Hanoi and Ho Chi Minh City.
Amendment of the law project in the direction of the provincial People's Court proposed the demand for quantity and structure of the People's Court of the People's Court at the provincial level and the regional People's Court to request the Vietnam Fatherland Front Committee of the provincial level to select and introduce the qualified people for the provincial People's Council to elect the People's Association.
The Chief Justice of the Provincial People's Court, after reaching an agreement with the Vietnam Fatherland Front Committee at the provincial level, proposed that the Provincial People's Council dismiss and remove him from the position of People's Jury.
