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...Comrade Pham Van Tan - Head of the National Assembly Delegation of Nghe An Province,The National Assembly delegation of Nghe An province organized a conference to gather feedback on the draft revised Civil Procedure Code.

Representatives from the Provincial People's Procuracy offered their comments.The law needs to clarify current shortcomings such as the principles of voluntariness, equality, and equality between citizens and individuals with state agencies, state-owned enterprises, and private entities.

This is one of 17 laws that will be considered and passed at the upcoming 10th session of the 13th National Assembly. The draft Civil Procedure Code (amended) includes several additions, such as: the principle of people's assessors participating in the trial of civil cases; the addition of the responsibility of parties to collect evidence; and the principle that the Supreme Court's review panel has the right to amend judgments and decisions of lower courts without having to return the case file for retrial. Notably, it adds the principle of applying precedents in civil trials. Accordingly, precedents are judgments and decisions on civil cases that have become legally effective and have a normative nature; when adjudicating, judges and people's assessors study and apply them to cases with similar content…

The representative of the Provincial Court proposed adding a clause stating, "Judgments and decisions of the Court shall be enforced."

At the conference, delegates noted that the draft Civil Procedure Code (amended) was meticulously prepared and showed considerable effort in implementing constitutional provisions on protecting human rights and the legitimate interests of citizens. However, delegates argued that the Code needs to clarify current shortcomings such as the principles of voluntariness, equality, and equality between citizens and individuals with state agencies, state-owned enterprises, and private entities. Furthermore, there is a need for provisions on mediation between the parties involved, and legal provisions for successful and unsuccessful mediation.

Representatives from the Provincial Enforcement Department proposed adding several provisions of the law on enforcement to the draft Civil Procedure Code (amended).

Delegates suggested adding content to several articles, including: ensuring the legitimate rights and interests of the parties involved, guaranteeing the effectiveness of judgments, the responsibility of judges to explain, correct, and supplement judgments, the rights and obligations of the parties involved, and the right of the parties to request enforcement of judgments…

Representatives from the Hung Nguyen District Court offered their opinions on the right to request a temporary suspension.

At the conference, delegates also offered opinions on the role of the procuracy in civil trials; the procedural rights of the Vietnam Fatherland Front; the valuation of public assets; and whether courts should declare notarized contracts invalid. In addition, delegates contributed some suggestions regarding wording to make the draft law more rigorous before its adoption and promulgation.

Comrade Pham Van Tan acknowledged and accepted the suggestions and comments from the delegates.

On behalf of the Provincial Delegation of National Assembly Deputies, Comrade Pham Van Tan acknowledged and highly appreciated the suggestions from the delegates. The suggestions will be compiled by the Delegation of National Assembly Deputies and submitted to the Standing Committee of the National Assembly.

Thanh Le