Any agency that makes too many mistakes must review the responsibility of its leader.

October 27, 2016 20:19

(Baonghean.vn) - Continuing the working program of the 2nd Session, on the afternoon of October 27, under the direction of Mr. Nguyen Dac Vinh - Member of the Party Central Committee, Secretary of the Provincial Party Committee, Head of the National Assembly Delegation of Nghe An province, Head of Group 3, National Assembly deputies of 4 provinces including: Tra Vinh, Hoa Binh, Lai Chau and Nghe An discussed in groups about the Draft Law on Legal Aid (amended) and the Law on State Compensation Liability (amended).

Toàn cảnh phiên thảo luận tổ chiều 27-10 của đại biểu 4 tỉnh Trà Vinh, Hòa Bình, Lai Châu và Nghệ An.
Overview of the discussion session on the afternoon of October 27 of delegates from 4 provinces Tra Vinh, Hoa Binh, Lai Chau and Nghe An.

Contributing opinions to the Draft Law on Legal Aid (amended), the majority of delegates from Nghe An delegation agreed on the necessity of promulgating the Law to overcome limitations and shortcomings in legal aid activities; creating a legal framework for legal aid work to develop in a professional direction, promoting socialization, and effectively using State and social resources.

Đại biểu Nguyễn Đắc Vinh điều hành phiên thảo luận tổ.
Delegate Nguyen Dac Vinh chaired the group discussion session.

However, many delegates expressed concern because the scope of people receiving legal aid as stipulated in the revised Law project is narrower than that stipulated in current laws.

Delegate Tran Van Mao said that it is necessary to remove the phrase “having financial difficulties” and the phrase “being accused” in all points b, d, e, g of Clause 1, Article 7. These are sub-licenses and additional conditions that not only cause inconvenience to people receiving legal aid, but also directly narrow the scope of legal aid, depriving those who have been eligible for legal aid up to now of the right to legal aid and are not consistent in the legal system, Mr. Mao emphasized.

Đại biểu Trần Văn Mão phát biểu thảo luận tổ.
Delegate Tran Van Mao spoke in group discussion.

With the view that the "collaborator" institution of legal aid should not be abolished, delegate Hoang Thi Thu Trang stated: In fact, the team of collaborators has made great contributions to legal aid activities, especially legal consultancy activities. Many legal aid cases arise in remote areas, if the collaborator institution is no longer there, legal aid activities for people in these areas will face many difficulties. On the other hand, not all legal aid cases are complicated, requiring legal aid workers to have high qualifications and standards. Regulations like the Law project will significantly narrow the scope of legal aid activities, greatly affecting people's access to legal aid services, which is not consistent with the goal of promoting the socialization of this activity.

Đại biểu Moong Văn Tình cho rằng cần phát hiện, đào tạo, bồi dưỡng trợ giúp viên pháp lý, cán bộ là người dân tộc thiểu số.
Delegate Mong Van Tinh said it is necessary to discover, train and foster legal aid workers and officials who are ethnic minorities.

Delegate Mong Van Tinh requested that competent authorities continue to disseminate and educate the law to ethnic minorities in remote and isolated areas; especially to discover, train and foster legal aid workers and officials who are ethnic minorities and those who understand the customs, practices and languages ​​of indigenous people.

Giving opinions on the draft Law on State Compensation Liability (amended), delegates agreed with the need to amend the Law. The draft Law has been amended and supplemented with many provisions to clarify the damages to be compensated, the basis for determining the compensation level, simplifying procedures, shortening the time to resolve compensation requests, ensuring the rights and legitimate interests of organizations and individuals suffering damages, contributing to enhancing the responsibility of public servants.

Các đại biểu Nghệ An quan tâm đến các dự án luật, đóng góp nhiều ý kiến sát thực.
Nghe An delegates are interested in the draft laws and contribute many practical opinions.

Regarding the content of the scope of the State's compensation responsibility, delegates said that the draft Law has not covered all the scopes and areas of compensation, while this has been stipulated in the Constitution. Therefore, the draft Law needs to expand the scope of compensation, not just the 3 areas as stated in the draft to ensure comprehensiveness, fully institutionalize the spirit of the Constitution as well as ensure the consistency of the legal system.

Regarding the regulation on assigning responsibility for wrongful convictions, delegate Nguyen Thanh Hien expressed his opinion: Any agency that causes wrongful convictions must be responsible for compensation. This will be realistic, enhance the responsibility of that agency in managing cadres, and avoid the situation where one person makes a mistake and another has to pay compensation. Any agency that makes too many mistakes must also review the responsibility of its leader.

Delegates also suggested that compensation settlement should ensure respect for the parties' agreement and compensation settlement procedures should not be administratively handled.

Diep Anh - Tuan Anh

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