The National Assembly has just passed the Law on Organization of People's Courts (PC), in which it decided to maintain the regulations on provincial-level PCs and district-level PCs as in current law.
Continuing the 7th session, on the morning of June 24, the National Assembly voted to pass the Law on Organization of People's Courts, with 459/464 delegates present in favor (equal to 94.25% of the total number of National Assembly delegates).
Presenting the report on explanation and acceptance, Chairwoman of the Judicial Committee Le Thi Nga said that regarding the proposal to reform the provincial People's Court and district People's Court according to the jurisdiction (Clause 1, Article 4), due to different opinions, the National Assembly Standing Committee directed the development of 2 options and asked for opinions from National Assembly deputies by ballot.
Specifically, option 1: Maintain the provisions of the current Law on provincial and district People's Courts.
Option 2: Reform the provincial People's Court into an appellate People's Court, and the district People's Court into a first-instance People's Court.
The result was that 39.84% of National Assembly deputies approved option 1; 34.91% supported option 2. That means no option received more than half of the total number of National Assembly deputies' approval.
After consulting with National Assembly deputies, the Supreme People's Court and the Standing Committee of the Judiciary Committee unanimously proposed to accept the majority of deputies who had voted, and continue to maintain the regulations on provincial-level People's Courts and district-level People's Courts as in the current Law.
“In order to implement the requirements of Resolution No. 27: “Issues that require practicality, are clear, have been proven correct by practice, and have high consensus, then resolutely implement them; issues that are unclear and have many different opinions, then continue to be studied…”, the National Assembly Standing Committee finds that the provisions of the draft Law on Provincial and District People’s Courts are appropriate,” said Ms. Le Thi Nga.
Allow recording of the entire court proceedings when the presiding judge agrees.
Another content that received many comments was the participation and information activities at court sessions and meetings (Clause 3, Article 141).
The National Assembly Standing Committee emphasized that recording and filming must ensure human rights and civil rights; ensure the solemnity of court sessions, meetings and information activities according to the provisions of law.
During the trial and meeting, a lot of information and evidence was published but not verified, especially information about personal privacy, family secrets, business secrets, etc. This information and evidence needs to be considered and concluded by the Trial Council in the verdict and decision.
Therefore, the draft law has been revised: allowing recording of the entire proceedings of the trial and meeting; recording can only be done during the opening of the trial, meeting, and the pronouncement of the verdict and announcement of the decision.
The above recording and filming must have the consent of the Chairman of the court session, meeting, and relevant persons as prescribed (Clause 3).
At the same time, in case it is necessary to serve professional tasks, the Court shall record audio and video of the proceedings of the trial and meeting; the use and provision of audio and video recording results of the Court shall be carried out in accordance with the provisions of law and the Chief Justice of the Supreme People's Court shall stipulate in detail (Clause 4).
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