National Assembly agrees not to change the name of provincial and district courts

On the morning of June 24, with 459/464 National Assembly Deputies present in favor, the National Assembly passed the Law on Organization of People's Courts (amended).

Before the National Assembly passed the law and presented the report on the acceptance of the National Assembly Standing Committee, Chairwoman of the Judicial Committee Le Thi Nga said that due to different opinions on the issue of reforming provincial and district People's Courts according to their jurisdiction, the National Assembly Standing Committee directed the development of two options and asked for opinions from National Assembly Deputies.

Option 1 is to maintain the provisions of the current law on provincial-level People's Courts and district-level People's Courts; Option 2 is to reform provincial-level People's Courts into appellate People's Courts and district-level People's Courts into first-instance People's Courts.

As a result, 194/487 National Assembly Deputies approved option 1 (39.84%); 170/487 National Assembly Deputies approved option 2 (34.91%).

"No option was approved by more than half of the total number of National Assembly Deputies. 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 National Assembly Deputies' opinions and continue to maintain the regulations on provincial and district People's Courts as in the current law," said Ms. Le Thi Nga.

Chairwoman of the National Assembly's Judiciary Committee Le Thi Nga presented a report explaining and accepting. Photo: National Assembly

Regarding the content of participation and information activities at court sessions and meetings, the National Assembly Standing Committee found 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 is published but has not been verified, especially information about personal privacy, family secrets, business secrets, etc. This information and evidence needs to be considered and concluded by the trial panel in the verdict and decision.

Therefore, the draft Law has been revised: "Allowing recording of the entire proceedings of the trial and meeting; recording may only be done during the opening of the trial, meeting, and the pronouncement of the verdict and announcement of the decision".

Recording and filming must have the consent of the presiding judge of the court, meeting, and relevant persons as prescribed.

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 or 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 provide detailed regulations.

Regarding the collection of documents and evidence in the settlement of criminal, administrative, civil and other cases under the jurisdiction of the court, Ms. Le Thi Nga said that Resolution No. 27 requires: "Research to clarify... cases where the court collects evidence during the trial".

National Assembly deputies vote to pass the bill. Photo: National Assembly

Institutionalizing Resolution No. 27 and in accordance with the practical conditions of our country, the draft Law stipulates 7 clauses. The tasks of the Court are specifically stipulated in the draft Law.

Accordingly, the court guides; the court requests; the court supports; the court receives documents and evidence; the court examines and assesses the authenticity of documents and evidence according to the provisions of law.

In which, through the court's request for agencies, organizations and individuals to provide documents and evidence, the court collects documents and evidence. At the same time, through the court's receipt of documents and evidence provided by relevant agencies, organizations and individuals, and submitted by the parties, the court collects documents and evidence.

The court shall assist in collecting documents and evidence in cases where the parties (in administrative cases, civil cases and other cases as prescribed by law) have taken necessary measures but have not been able to collect documents and evidence and have a request, the court shall assist in collecting them.

Therefore, Ms. Le Thi Nga emphasized that the provisions in the draft Law are appropriate and reflect the opinions of National Assembly Deputies.

Court collects evidence for both plaintiff and defendant, will create 'strange case'

Chief Justice of the Supreme People's Court Nguyen Hoa Binh emphasized that the court serves the people by ensuring justice, making correct judgments, and complying with the law, not by collecting evidence.

Chief Justice of the Supreme People's Court Nguyen Hoa Binh: Innovation in court organization is a trend

Chief Justice of the Supreme People's Court Nguyen Hoa Binh said that the innovation of court organization is a trend, "if we don't do it today, our children and grandchildren will do it."

Source: https://vietnamnet.vn/quoc-hoi-thong-nhat-khong-doi-ten-toa-an-tinh-huyen-2294480.html