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NA deputies debate civil case procedures

Update: October, 27/2015 - 08:58
Speaking at the discussion session of the draft amended Civil Procedure Code, deputy Tran Hong Ha from the northern province of Vinh Phuc supported the regulation, saying that if the court refuse the cases, there would be no authorised agency to handle the cases. — Photo SGGP

HA NOI (VNS) — Debates on a possible law article, which says that a court cannot refuse requests to resolve civil cases by citing the absence of a law to apply, heated the National Assembly meeting yesterday as the deputies shared their differing opinions.

Speaking at the discussion session of the draft amended Civil Procedure Code, deputy Tran Hong Ha from the northern province of Vinh Phuc supported the regulation, saying that if the court refuse the cases, there would be no authorised agency to handle the cases.

In that case, the legitimate rights of individuals, organisations and agencies might be violated, he said.

Deputy head of the northern city of Hai Phong's NA delegation, Tran Ngoc Vinh, approved of the regulation, saying that the State should be the one to take responsibility in this case.

"It cannot be that the State can set the responsibility to citizens to handle the civil disputes themselves with the claim that there is no law to apply," he said.

Sharing the view, deputy Huynh Nghia from the central city of Da Nang said the regulation was necessary as it ensures the citizen's right to request the court to protect them.

"The regulation will be a legal basis for the court to handle a case and solve civil disputes without legal precedent. This will help avoid letting citizens solving the disputes themselves, which may lead to social and security disorder," he said.

In order to prevent the overuse of the regulation, Nghia suggested the draft code should regulate strictly that starting a legal proceeding must go together with evidence.

However, deputy Nguyen Ba Thuyen from the Tay Nguyen (Central Highlands) province of Lam Dong expressed his concern that it would be difficult to implement the regulation.

"When starting a legal proceeding, citizens always think they are right. Meanwhile, the court also has its arguments so there will be a gap between the people and court in a case," he said.

Deputy Tran Dinh Nha from the central province of Thua Thien-Hue said that the regulation went opposite to the state of law, which Viet Nam is following.

"A state of law, or a law-abiding state, is that citizens can do whatever is not forbidden by laws while the State agencies, including the court and State officials, can only do what is regulated in laws," he said.

Nha urged the National Assembly to carefully consider the regulation before approval.

The bill stipulates that those involved in any cases are responsible for scanning and sending letters of complaint and evidence to the court and their defendants, making it easier for all parties concerned to protect their legitimate rights and interests.

Legislators shared the view that evidence and related materials should be authenticated before being sent to serve as a foundation for litigation.

Regarding the jurisdiction of the jury of the Supreme Court of Appeals, they stressed the need to legalise its rights to make changes to a part or full verdict as well as the court's decisions in force. That can be done only when criteria are met, in order to avoid abuse.

Also at yesterday's meeting, NA deputies approved the regulations on recognising outside-court mediation. Many said that the recognition was important and necessary which matched with the current situation and international laws. They said that this would help avoid the situation that all involved parties carried out outside-court mediation following laws but no authorised agency takes charge in implemented the mediation's result.

The court must examine the reconciliation to ensure they are in accordance with the law, they said.

Several opinions called for criteria for the eligibility of reconciliation and the step-by-step procedures involved.

Matters regarding civil court fees and the principles of civil proceedings were also under review.

The NA deputies are scheduled to hear a report on the draft law on amendments and supplements to several articles of the Law on Taxation and a report on the draft resolution on regulations for NA's meetings while discussing the draft Law on Administrative Procedure today. — VNS

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