Continuing the 28th session, on the afternoon of December 13, the National Assembly Standing Committee (NASC) gave opinions on the draft Ordinance on Litigation Costs.
Presenting the Proposal on the Litigation Costs Ordinance, Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien said that the purpose of developing the ordinance is to create a synchronous and unified legal basis for the enforcement of the law on litigation costs.
Overcoming difficulties and obstacles in practice; ensuring simple and convenient procedures for collecting and paying litigation costs; serving the timely and effective resolution of cases and matters; ensuring the legitimate rights and interests of agencies, organizations and individuals; contributing to improving the quality and effectiveness of resolving cases and matters by the Court and litigation agencies.
Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien presented the Proposal on the Ordinance on Litigation Costs.
The development of the Ordinance is carried out according to the guiding viewpoints, fully and promptly institutionalizing the Party's guidelines, lines and policies on judicial reform, perfecting the law on litigation costs; ensuring the constitutionality, legality, consistency and unity of the legal system; ensuring feasibility and suitability with economic and social conditions.
In addition, inheriting relevant regulations, amending inappropriate regulations; adding new issues to overcome practical difficulties and shortcomings; in line with commitments in relevant international treaties to which Vietnam is a member; ensuring full and clear determination of litigation costs, simple procedures for collecting and paying litigation costs, convenient for agencies, organizations and individuals to exercise their rights and obligations.
The draft Ordinance consists of 92 articles and 13 chapters. Regarding the scope of the draft Ordinance, the draft Ordinance stipulates litigation costs in civil proceedings, administrative proceedings, criminal proceedings and in the procedure for considering and deciding on sending drug addicts from 12 to under 18 years old to compulsory drug rehabilitation facilities; applying administrative handling measures prescribed in the Criminal Procedure Code, Civil Procedure Code, Administrative Procedure Law, Ordinance No. 01, Ordinance No. 03.
Regarding the exemption and reduction of on-site review and appraisal costs, the draft Ordinance basically inherits the provisions on exemption and reduction of appraisal costs of Ordinance No. 02, while adding exemption and reduction of on-site review and appraisal costs similar to appraisal costs; adding a number of exempted subjects (elderly people; disabled people; people with revolutionary contributions; etc.); amending the case of reduction to be people who encounter force majeure events leading to not having enough assets to pay. The addition of these provisions has demonstrated the humane policy of the State, ensuring the right to initiate a lawsuit of the subjects participating in the proceedings.
Regarding specific litigation costs, the draft Ordinance stipulates costs for on-site examination and appraisal, costs for asset valuation, appraisal costs, costs for Jurors, costs for lawyers, legal assistants, and people's defenders in cases where a defense attorney or representative is appointed by the Court, costs for witnesses, witnesses, costs for interpreters and translators, costs for issuing, serving, and notifying litigation documents, costs for judicial entrustment abroad, and other litigation costs.
The content of the draft Ordinance ensures consistency with the Party's viewpoints, policies and guidelines, and the State's policies on building a socialist rule-of-law state, judicial reform, and wage policy reform.
Chairwoman of the National Assembly's Judiciary Committee Le Thi Nga reports on the investigation.
Presenting the review report, Chairwoman of the National Assembly's Judicial Committee Le Thi Nga said that the Judicial Committee agreed with the necessity of issuing the Ordinance on Litigation Costs for the reasons stated in the Submission of the Supreme People's Court, in order to implement the provisions of Article 169 of the Civil Procedure Code, Article 370 of the Administrative Procedure Law and remove difficulties in the practical implementation of the Criminal Procedure Code on litigation costs, contributing significantly to ensuring conditions for litigation activities to be conducted promptly and effectively.
The Judiciary Committee found that the draft Ordinance closely followed the Party's policies and guidelines on judicial reform, ensuring constitutionality, legality and basic consistency with relevant laws and ordinances.
However, it is recommended that the drafting agency continue to review and carefully evaluate the provisions of the draft, especially the provisions on types of remuneration costs for litigants and the levels of expenditure to ensure consistency with the policy of reforming the wage policy stated in Resolution No. 27 of the Party Central Committee on reforming the wage policy.
Regarding the draft Ordinance, the Judicial Committee believes that the draft Ordinance has been seriously prepared and basically meets the requirements of the Law on Promulgation of Legal Documents. However, it is necessary to add the Government's opinions on the List of costs of remuneration and adjudication allowances issued with the Ordinance. At the same time, it is necessary to complete the Impact Assessment Report, especially regarding the resources for implementation and conditions to ensure the implementation of new regulations .
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