Ensuring consistency, unity and feasibility

National Assembly Chairman Tran Thanh Man speaks. Photo: Quang Khanh

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Quang Khanh

Pilot for 3 years, in 6 provinces

Presenting the Draft Resolution, Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien said that the draft Resolution consists of 4 Chapters and 19 Articles, regulating the verification of information and collection of evidence of public civil cases; initiating lawsuits, accepting and resolving public civil cases...

Director Nguyen Huy Tien also proposed that the Resolution take effect from January 1, 2026 and be implemented for 3 years in the provinces and cities of Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh, Dak Lak, unless the National Assembly decides otherwise. At the time the Resolution expires, if the case is not resolved according to the provisions of the Resolution, it will continue to be implemented until the Court's judgment or decision takes legal effect.

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien. Photo: Quang Khanh

Regarding the name of the Resolution, Chief Justice Nguyen Huy Tien proposed that the National Assembly allow the adjustment of the name determined in Resolution No. 75/2025/UBTVQH15 on adjusting the Law and Ordinance Building Program in 2025 to: "Resolution on piloting the People's Procuracy initiating civil and public interest lawsuits"; at the same time, propose that the National Assembly allow the development of the Resolution according to simplified procedures to meet practical requirements, creating a legal basis for the People's Procuracy to initiate civil and public interest lawsuits to protect the interests of the State and the legitimate rights and interests of organizations and individuals.

Presenting the Preliminary Review Report of the draft Resolution, Chairman of the Committee on Law and Justice Hoang Thanh Tung said that the Standing Committee of the Committee on Law and Justice agreed with the necessity of issuing the Resolution for the reasons stated in the Submission; agreed to propose to develop and issue the Resolution according to the shortened procedures.

Chairman of the Law and Justice Committee Hoang Thanh Tung presented the Preliminary Review Report of the draft Resolution. Photo: Quang Khanh

According to Chairman of the Committee Hoang Thanh Tung, the drafting agency has closely followed and institutionalized the Party's policies and viewpoints in Resolution 27-NQ/TW, Conclusion 120-KL/TW and requested innovation in thinking in law-making. The content of the draft Resolution is consistent with the provisions of the Constitution on the protection of human rights and civil rights. In addition, it is necessary to supplement the written opinions of the Government and the Supreme People's Court to ensure a complete dossier according to regulations.

Regarding the name of the Resolution, the majority of opinions in the Standing Committee of the Law and Justice Committee proposed to keep the name of the Resolution as "Resolution on piloting the People's Procuracy in initiating civil lawsuits to protect the civil rights of vulnerable groups or protect public interests" to fully cover the subjects regulated by the Resolution, in accordance with Conclusion 120-KL/TW of the Politburo and the 2025 Legislative Program decided by the National Assembly Standing Committee.

Specific regulations on scope, subjects and fields of application

Speaking at the meeting, National Assembly Chairman Tran Thanh Man agreed with the development and promulgation of the Resolution; at the same time, he noted that the draft Resolution needs to specify the scope, subjects, and areas of application such as the environment, food safety, rights of minors; procedures for filing a lawsuit; coordination mechanism with the court..., thereby ensuring compliance with the Civil Procedure Code, as well as related legal documents.

The National Assembly Chairman also requested the Supreme People's Procuracy to review the content of the draft Resolution based on opinions at the meeting of the National Assembly Standing Committee to develop a clear resolution to ensure its implementation.

View of the meeting. Photo: Quang Khanh

Regarding the scope of the Resolution, the National Assembly Chairman noted that if provinces and cities are merged in the coming time, the scope of the pilot implementation of the People's Procuracy initiating civil lawsuits to protect the civil rights of vulnerable groups or protect public interests may be wider. This requires assessing the conditions for pilot implementation, determining the implementation period of 2 years or 3 years for later summary.

The authorities also need to pay attention to training and fostering human resources to carry out this work in terms of skills in filing lawsuits, collecting evidence and participating in civil proceedings; and allocating budgets to support the implementation of this work. In particular, it is necessary to establish a monitoring mechanism by the Supreme People's Procuracy coordinating with other agencies to establish a Monitoring Board, regularly conducting pilot assessments to ensure transparency and objectivity.

To ensure the effectiveness and efficiency of this Resolution, according to the National Assembly Chairman, the Supreme People's Procuracy needs to study and refer to international experience, especially from neighboring countries, to be able to implement it "firmly".

Regarding the subjects of application, Clause 2, Article 3 of the draft Resolution stipulates that there are 6 vulnerable groups and 4 public interest groups; at the same time, there are provisions for scanning other subjects and other public interests according to the provisions of law. Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga said that in the pilot implementation, the subjects of application as stipulated in this draft Resolution are too broad, lacking differentiation and inappropriate.

Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga speaks. Photo: Quang Khanh

Giving a specific example, Permanent Vice Chairwoman of the Committee Le Thi Nga said that if the general regulations define vulnerable subjects as the elderly according to the Law on the Elderly or ethnic minorities living in areas with difficult socio-economic conditions, it will not differentiate between the elderly who are still of working age and have good economic conditions; ethnic minorities living in difficult areas but have economic conditions and legal knowledge.

The provisions on public interest groups on land, resources, and ecological environment in Clause 3, Article 3 are also too broad in scope because the current Land Law stipulates 31 cases of land recovery for public interest.

From the above analysis, the Standing Deputy Chairman of the People's Aspirations and Supervision Committee proposed to continue to thoroughly review, issue specific regulations, differentiate, limit and narrow the subjects of the pilot implementation; do not regulate scanning for other subjects, other public interests to ensure clarity and transparency in implementation.

Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh suggested that the Supreme People's Procuracy continue to review and revise the provisions of the draft Resolution, ensuring consistency, unity, feasibility, closely following the spirit of innovation in legislative thinking, and the requirement to reorganize the apparatus of the political system. Strictly implement Regulation 178-QD/TW dated June 27, 2024 of the Politburo on controlling power, preventing and combating corruption and negativity in law-making work; collect written opinions from the Government; prepare a report on receiving, explaining, and accepting comments from the Supreme People's Court, and include it in the draft Resolution dossier...

Through discussion, the Standing Committee of the National Assembly also agreed to keep the name of the draft Resolution as "Resolution of the National Assembly on piloting the People's Procuracy to initiate civil lawsuits to protect the civil rights of vulnerable groups or to protect public interests".

Le Binh

Source: https://daibieunhandan.vn/bao-dam-tinh-dong-bo-thong-nhat-kha-thi-post410446.html