Comments on the draft Civil Procedure Code (amended)

(Baonghean.vn)- To prepare for the 10th session of the 13th National Assembly, on the morning of September 30, under the chairmanship of theComrade Pham Van Tan - Head of the National Assembly Delegation of Nghe An province,The National Assembly delegation of Nghe An province held a conference to collect comments on the draft Civil Procedure Code (amended).

Representative of the Provincial People's Procuracy commentedThe Code needs to clarify current shortcomings such as: principles of voluntariness, equality, equality between citizens, individuals and state agencies, state-owned enterprises and private units.

This is one of 17 codes that will be reviewed and approved at the upcoming 10th session of the 13th National Assembly. This draft of the Civil Procedure Code (amended) has been supplemented with a number of contents such as: the principle of people's assessors participating in the trial of civil cases; supplementing the responsibility of the litigants to collect evidence; the principle that the Supreme Court has the right to amend the judgment and decision of the lower court without having to return the case file for retrial. In particular, the principle of applying precedents in civil trials is supplemented. Accordingly, precedents are judgments and decisions on civil cases that have come into legal effect and are standard; when adjudicating, judges and people's assessors study and apply them to cases with similar content...

The representative of the Provincial Court proposed to add the article "The judgments and decisions of the Court shall be enforced".

At the conference, delegates said: The draft Civil Procedure Code (amended) was carefully prepared, with many efforts in implementing the constitutional provisions on protecting human rights and the legitimate rights of citizens. However, delegates said that the Code needs to clarify current shortcomings such as: the principles of voluntariness, equality, equality between citizens, individuals and state agencies, state-owned enterprises and private units. At the same time, there needs to be a mediation regime between the parties, a legal regime when mediation is successful or unsuccessful.

The representative of the Provincial Enforcement Agency proposed to supplement a number of provisions on the enforcement law in the draft Civil Procedure Code (amended).

The delegates' opinions suggested adding some additional content such as: ensuring the legitimate rights and interests of the parties, the issue of ensuring the validity of the judgment, the responsibility of the judge to explain, correct and supplement the judgment, the rights and obligations of the parties, the right of the parties to request enforcement of the judgment...

Representative of Hung Nguyen District Court commented on the right to request temporary suspension.

At the conference, delegates also gave their opinions on the role of the prosecutor in civil trials; the procedural rights of the Vietnam Fatherland Front; the valuation of public assets; and whether the court should declare notarized contracts invalid. In addition, delegates also contributed some additional content on wording to make the draft law more rigorous before it is passed into law.

Comrade Pham Van Tan acknowledged and accepted the delegates' comments.

On behalf of the provincial National Assembly Delegation, Comrade Pham Van Tan acknowledged and highly appreciated the delegates' comments. The comments will be compiled by the National Assembly Delegation and submitted to the National Assembly Standing Committee.

Thanh Le