Chief Justice of the Supreme People's Court Nguyen Hoa Binh: More than 14,700 billion VND in social insurance debt
That is the data that Chief Justice of the Supreme People's Court Nguyen Hoa Binh answered questions from National Assembly deputies during the question-and-answer session on the morning of November 18.
Responding to the question of delegate Truong Thi Bich Hang about social insurance debt, when the trade union representing the workers filed a lawsuit, all the petitions were returned by the court.
Mr. Nguyen Hoa Binh said that currently, there are more than 100,000 units that owe 2.6 million workers 14,700 billion VND. Social insurance has filed 8,880 lawsuits, requesting payment of 6,000 billion VND. Courts at all levels have handled 3,986 cases; the remaining 1,400 petitions have been returned to the levels.
The Chief Justice said that the court's official letter of refusal to accept the lawsuit was inconsistent with current procedural procedures. Specifically, the union representative was not authorized by the employees, so the information provided to the court was uncertain, and many union representatives were not present in court...
Faced with the reality of huge insurance debt, Mr. Nguyen Hoa Binh said that according to the Penal Code and Criminal Procedure Code, after January 1, 2018, violating compulsory insurance debt is a crime. If a criminal case occurs and the investigation agencies get involved, the court must accept and resolve it.
The Supreme People's Court will have a Resolution and it will be issued before the Penal Code and Criminal Procedure Code come into effect.
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Chief Justice of the Supreme People's Court Nguyen Hoa Binh. |
Vietnam has 13 precedents.
Answering the question about precedents from delegate Nguyen Chien, Chief Justice Nguyen Hoa Binh said that the Supreme Court's Judicial Council has published 13 precedents, and about 10 are seeking comments. Although the number is not large, the basis for building precedents has been formed; any judge whose judgment is selected as a precedent will be rewarded for creating a new legal standard.
The Chief Justice of the Supreme Court said that there have been many cases applying the provisions of precedent. For example, according to the law, when selling real estate, the signature of both husband and wife is required for the contract to be valid. The industry tried a case where only the husband signed, but the wife knew about the sale because she participated in collecting the money. Later, when the house price increased, the family sued on the grounds that the contract was invalid, but the evidence showed that the wife had the intention to sell the house, so they lost the case.
"In the future, precedents will help to resolve practical difficulties. We must not only apply Vietnamese precedents but also international precedents," said Mr. Binh, adding that a long time ago, the German court declared acid to be a weapon, and later, courts around the world assumed the same.
When will the trial of Truong Ho Phuong Nga continue?
Delegate Vu Thi Luu Mai is concerned about the streamlining of the court system while the number of cases is increasing rapidly; what is the solution for the court system to both streamline the system and ensure the progress and quality of trials?
She also said that in 2017, the court tried many corruption cases, including the Ha Van Tham case. "In the uncompromising fight against corruption, voters want many cases to be brought to trial. So what is the experience from similar cases?", Ms. Mai asked.
Regarding the Truong Ho Phuong Nga case, she said that this is a case that has attracted public attention because it is not simply a property dispute but also involves moral values. However, after a period of trial, the trial is currently suspended. "So what is the trial plan for the coming time and how to resolve the case?", Ms. Mai questioned.
According to the records, in 2014, Mr. Cao Toan My began accusing Phuong Nga of fraud. After 3 years, the case was requested to be reinvestigated after a series of new details emerged. Defendant Phuong Nga was released on bail.
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Defendant Truong Ho Phuong Nga leaves prison. Photo: Quynh Tran. |
According to VNE
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