Continuing the 9th session, on the morning of December 12, the National Assembly heard the Chief Justice of the Supreme People's Court presented the report on the Law on Amending and Supplementing a Number of Articles of the Civil Procedure Code, the Law on Administrative Procedure, the Law on Juin people, the Bankruptcy Law and the Law on Conciliation and Dialogue at the Court.
Based on the model of organizing a 3 -level People's Court, according to the Chief Justice of the Supreme People's Court Le Minh Tri, the basic content of the Law project is to amend and supplement the regulations on the authority of the People's Court of the region, the provincial People's Court, the Supreme People's Court (TAND).
Accordingly, for regional courts, the draft law adjusts to increase authority in the direction that competent regional courts shall resolve all civil and administrative cases according to the first instance procedure (Article 35 of the Code on Civil Procedure, Article 31 of the Law on Administrative Procedure);
Bankruptcy settlement (Article 8 of the Bankruptcy Law); organize the implementation of mediation and dialogue activities according to the provisions of the Law on Conciliation and Dialogue at the Court (Article 7 of the Law on Conciliation and Dialogue at the Court).
"The adjustment of this authority has been reported by the Supreme People's Court Party Committee in Project No. 04-DA/DU dated March 28, 2025 and was approved by the Politburo and Secretariat in accordance with Conclusion No. 135-KL/TW of March 28
For the provincial People's Court, the draft law stipulates that this court has the authority to appeal civil cases and administrative cases for which the judgment or decision of the regional People's Court has not yet come into legal effect and is appealed or appealed.
Supplement the authority to appeal according to the procedures of the appraisal and re-appointment of the Chief Justice of the Provincial People's Court and the Chief Prosecutor of the Provincial People's Procuracy.
Supplement the authority of the Director of Appraisal and Re-appraisal of the Provincial People's Court's Judicial Committee for judgments and decisions with legal effect of the People's Court of the area of appeal according to the procedure for the Director of Appraisal and Re-appraisal.
According to the draft law, the provincial People's Court no longer has the authority to resolve administrative cases and civil cases according to the first instance procedure; resolve bankruptcies; organize the implementation of mediation and dialogue activities.
The draft law also stipulates that the Supreme People's Court's Judge Council directs the appraisal and re-appraisal of judgments and decisions that have come into legal effect of the People's Court at the provincial level that is subject to appeal.
According to the drafting agency, the adjustment of the above -mentioned competence of the Supreme People's Court is implemented on the basis of ending the activities of three high -level People's Courts; Transfer the cassation and re -examination task for the legally effective judgments and decisions of the provincial People's Court to the Supreme Court.
Examining the above law project, the National Assembly's legal and judicial committee basically regulating the authority of the People's Courts and the Council of the SPC in the trial, settlement of cases, cases and judgment trials and re -examination according to the report.
Presenting the review report, Chairman of the National Assembly's Law and Justice Committee Hoang Thanh Tung said that the above-mentioned re-definition of authority is basically consistent with the 3-level People's Court model and the policy of strengthening decentralization and delegation of authority in the People's Court sector, ensuring that all civil cases, administrative cases, and bankruptcy requests are resolved from the grassroots (regional People's Court).
At the same time, the provincial People's Court mainly plays the role of an appellate court to judge cases where the judgments and decisions have not taken legal effect of the People's Court of the area that was appealed and protested. The provisions of the Draft Law on basic ensures feasibility.
