'ST25 rice is registered abroad, domestic enterprises can't do anything'

Chief Justice of the Supreme People's Court Nguyen Hoa Binh pointed out the fact that ST25 rice products, Trung Nguyen coffee... are registered abroad, but 'domestic enterprises can do nothing'.

On May 28, the National Assembly discussed the draft law on the organization of the People's Courts. In the draft, the Supreme People's Court proposed the establishment of three specialized courts, including administrative, intellectual property and bankruptcy. The majority of National Assembly deputies during the discussion expressed their support for the establishment of specialized courts. Chief Justice of the Supreme People's Court Nguyen Hoa Binh also explained this content.

Delegate Nguyen Thi Thuy, Bac Kan delegation

GIA HAN

Eliminate the risk of compromising the independence of the judiciary

According to delegate Nguyen Thi Thuy, Bac Kan delegation, Vice Chairwoman of the Judicial Committee, administrative cases are very complicated, occurring more and more in most areas of state management; when it comes to administrative cases, most of the people being sued are the chairmen of the People's Committee. Meanwhile, the court organization model in Vietnam is linked to administrative boundaries, judges must judge administrative decisions and administrative acts of the chairmen of the People's Committee of their province. If there are no appropriate regulations, it will affect the independence of judges when trying these cases. Ms. Thuy said that the Judicial Committee has organized specialized supervision of administrative cases for 6 consecutive years and pointed out many difficulties for judges. As Karl Marx said: "For judges, there is no superior other than the law. The law is created by the State, therefore, the State has the responsibility to eliminate all factors that risk affecting the independence of judges". From the above reality, the Vice Chairman of the Judicial Committee affirmed that the establishment of a specialized court is very necessary, in order to effectively implement the requirement of "ensuring the independence of the court" set out in Resolution 27 of the Central Committee, and is also a fundamental solution to the problem of administrative cases. Regarding the remaining two types of cases, bankruptcy and intellectual property, delegate Thuy commented that it is very difficult in terms of expertise. Judges assigned to try these types of cases not only require deep legal expertise but also require thorough training in economics and finance. "Bankruptcy cases are very complicated, because along with declaring a bankrupt enterprise to leave the market, the judge must synchronously resolve all relationships arising from the enterprise's bankruptcy, including administrative, criminal, civil, economic and labor relationships," Ms. Thuy gave an example.

Delegate Nguyen Tao, Lam Dong province

GIA HAN

Should be piloted in big cities

From another perspective, delegate Nguyen Tao, Lam Dong delegation, said that the draft law stipulates that the specialized administrative court of first instance will hear first instance complaints, administrative decisions, administrative acts, disciplinary decisions, and dismissals from the provincial level and above. However, the draft does not stipulate which court level has the jurisdiction to handle complaints against administrative decisions and acts of the People's Committees at the district level and below. According to Mr. Tao, this is still inadequate and inconsistent between the specialized court and the specialized court model at the district and provincial levels. The drafting committee needs to study and consider clearer regulations. According to the delegate of Lam Dong province, currently, the settlement of administrative and intellectual property cases has basically been handled by specialized courts under provincial courts, which has partially met the requirements. If there is a backlog, prolongation, overload or high pressure, it will only be concentrated in some large localities such as Hanoi, Ho Chi Minh City... Therefore, Mr. Tao suggested that specialized courts should be piloted in Hanoi, Ho Chi Minh City and centrally-run cities. After 3-5 years, a full and objective assessment will be made before deciding to establish specialized courts. Sharing the same view on this content, delegate Nguyen Thi Thuy also suggested that in the immediate future, specialized courts of first instance should only be established in Hanoi, Da Nang and Ho Chi Minh City. These are localities with many cases and when the judgments of the courts of first instance are appealed or protested, they will be tried by the 3 High People's Courts in these 3 localities according to the appellate procedure. "This will ensure concentration of human resources, limit the development of the apparatus, ensure high expertise and professionalism, and especially eliminate the risk of affecting the independence of judges," Ms. Thuy stated.

Chief Justice of the Supreme People's Court Nguyen Hoa Binh

GIA HAN

"There will definitely not be widespread establishment"

Explaining at the discussion session, Chief Justice of the Supreme People's Court Nguyen Hoa Binh acknowledged the majority of delegates' opinions in support of the establishment of specialized courts, aiming to increase the professionalism of the court system. Mr. Nguyen Hoa Binh affirmed that "all countries have this", and said that the Supreme People's Court will have to report to the National Assembly Standing Committee for decision on how to establish specialized courts. "There will certainly not be widespread establishment, establishment everywhere", said Chief Justice of the Supreme People's Court. According to Mr. Nguyen Hoa Binh, the plan of the Supreme People's Court leaders and the Supreme People's Court Council of Judges is to have only 1 specialized intellectual property court, 2 specialized bankruptcy courts and specialized administrative courts in Hanoi, Da Nang, Ho Chi Minh City and is considering adding more in Can Tho City. Notably, Chief Justice of the Supreme People's Court Nguyen Hoa Binh spent time talking about the necessity of establishing specialized courts, including intellectual property courts. "We are currently facing the reality that ST25 rice, Trung Nguyen coffee, Nam Roi grapefruit, Phu Quoc fish sauce... are registered abroad but domestic enterprises cannot do anything," Mr. Binh cited. The above situation requires a judicial institution to protect enterprises and national brands. "If we have to face lawsuits against these brands abroad, Vietnam will often lose because we are weak in finance and international law," said Chief Justice of the Supreme People's Court Nguyen Hoa Binh.

Thanhnien.vn

Source: https://thanhnien.vn/gao-st25-dang-ky-so-huu-tai-nuoc-ngoai-doanh-nghiep-trong-nuoc-khong-lam-gi-duoc-185240528182332718.htm