Thursday, October 27 2016


Assembly supports civil lawsuit reform in Procedure Code

Update: November, 26/2015 - 09:01

HA NOI (VNS) — The country's lawmakers voted overwhelmingly in support of the draft amended Civil Procedure Code, which would provide for the basic principles in civil proceedings for initiating lawsuits at courts to settle cases of civil, marriage and family, business, trade and labour disputes, during a National Assembly (NA) working session yesterday in Ha Noi.

More than 88 per cent of NA deputies approved the draft amended Civil Procedure Code, which would address several major issues regarding the country's justice system including whether a court of law may refuse to settle a civil dispute in the absence of applicable laws and the role of the Supreme People's Procuracy in civil legal proceedings.

While the majority of NA deputies were in favour of the view that a court of law may not refuse to settle a civil dispute even if there was no applicable laws to guide its judgement, others said it would be prudent to collect more data and feedback from legal practices before its implementation.

Lawmakers supported the view that the Supreme People's Procuracy must take on the role of prosecutor and supervisor of judicial activities in civil legal proceedings. Out of 418 votes, 233 (55.7 per cent) were in favour.

The amended Civil Code also highlighted the defendants' rights to legal assistance. Head of NA's Committee on Judicial Affairs Nguyen Van Hien said that one of judges' many responsibilities was to ensure that defendants were aware and instructed to acquire necessary legal assistance.

During yesterday's morning session, deputies voted on the amended Administrative Procedure Code. A list of deputies to the National Election Council was also approved.

On the same day, Nguyen Hanh Phuc, member of the NA Standing Committee (NASC) and Chairman of the NA's Office, was voted General Secretary of the 13th NA with approval from 395 of 465 NA deputies in attendance.

As stipulated in the revised Law on NA Organisation, the NA General Secretary is elected and dismissed by the NA, and acts as a spokesperson of the NA and the NASC. They are responsible for organising secretary procedures at sessions of the NA and the NASC, collecting opinions of NA deputies and signing the minutes of the meetings.

The NA also passed a resolution on the date for election of deputies to the 14th NA and People's Councils at all levels for the 2016-2021 tenure – May 22, 2016.

Law on Referendum

NA deputies in the afternoon voted to pass the Law on Referendum. The law says that referendums will be conducted on certain issues, including the content of the Constitution, issues relating to national sovereignty and territorial integrity, national defense and security and international relations, issues of significant importance in socio-economics that have impacts on the country's development, and other crucial issues.

The law also says that the results of all referendums are of absolute value in all issues.

The President, the Government, the NA Standing Committee or at least one third of NA deputies can propose issues to be considered for referendum.

On the same day, NA deputies passed the revised criminal code, the revised maritime law, the law on temporary custody and detention, and the law on fees and charges. — VNS

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