The Supreme People's Court has just issued Official Dispatch No. 52/TANDTC-KHTC to the Chief Justice of the People's Court of the province and centrally-run city regarding the participation in giving opinions on the plan to reorganize the People's Court according to Resolution 18-NQ/TW.
Accordingly, the Supreme People's Court plans to reorganize the first-instance People's Court on the basis of rearranging the current district-level People's Courts. The reorganization will be based on the following criteria:
Criteria on the number of cases to be resolved: For special urban areas (Hanoi and Ho Chi Minh City), the number of cases to be resolved and tried by each People's Court of First Instance in the inner city area is from 3,000 cases/year or more. The number of cases to be resolved and tried by each People's Court of First Instance in the suburban area is from 1,000 cases/year or more.
For rural areas in the plains, the number of cases to be resolved and tried by each court of first instance is from 800 cases/year or more. For mountainous areas, the number of cases to be resolved and tried by each court of first instance is from 200 cases/year.
Regarding the criteria of convenient and adjacent locations: The merged People's Courts must have adjacent geographical locations and convenient transportation.
Each district-level People's Court subject to rearrangement will merge with at least 1 adjacent district-level People's Court subject to rearrangement or merge with an adjacent district-level People's Court not subject to rearrangement.
Criteria on economic characteristics, geographical location, population density, traffic infrastructure, culture by region:
For mountainous areas, because mountainous districts often have large areas but low population density and not many cases, if only applying the criteria of the amount of work to be resolved, the operating area of the first instance People's Courts will be too large, causing difficulties for people when they have work to do in court.
Therefore, the following criterion needs to be added: The distance from the headquarters of the regional court of first instance to the farthest place within the legal territory of that court must not exceed 50 km.
In cases where it is not possible to satisfy both criteria on the number of cases and the distance from the location of the regional first instance People's Court to the farthest place in the legal territory, priority shall be given to the distance criterion.
For island areas: There will be no regional first-instance People's Court in each island district, but judges and court officials from adjacent regional first-instance People's Courts with sufficient capacity will be arranged to receive people, handle petitions and requests from people, and conduct mobile trials of all types of cases according to a monthly schedule.
In addition, priority is given to locations with newly invested headquarters in the recent period and some works under the investment project to repair, renovate, upgrade and build headquarters of People's Courts at all levels (phase 1).
To develop a project to report to the Politburo, the Supreme People's Court requested provincial People's Courts to participate in research and contribute opinions. In case of different opinions, they are requested to analyze, clarify and make specific proposals.
Written comments must be sent to the Supreme People's Court before March 2, 2025 for synthesis and reporting to the Standing Committee of the Supreme People's Court Party Committee.
In Document No. 50 of the Supreme People's Court sent to the Chief Justice of the People's Courts of provinces and centrally-run cities regarding the suspension of repair and maintenance of district-level People's Court headquarters, it also clearly stated:
To ensure savings and avoid waste in the process of repairing and maintaining the working headquarters of district-level People's Courts after implementing the organization and streamlining of the apparatus, the Supreme People's Court requests the Chief Justices of the People's Courts of provinces and centrally-run cities to urgently direct the district-level People's Courts under their management (except for capital cities and island districts) that have been allocated funds by the Supreme People's Court to temporarily suspend the organization and implementation of the repair and maintenance of working headquarters until the Project on organization and streamlining of the apparatus of the Court sector is approved by competent authorities, expected in April 2025.
Source: https://vietnamnet.vn/de-xuat-phuong-an-sap-nhap-cac-toa-an-cap-huyen-hanh-toa-an-so-tham-khu-vuc-2377061.html
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