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Chief Justice Nguyen Hoa Binh: Need to form a special bankruptcy court

Delegate Mai Phuong Hoa (Nam Dinh) stated that the rate of administrative judgments being canceled or corrected due to subjective reasons is still high. “I ask the Chief Justice of the Supreme People’s Court to explain the reason. Is it possible that part of the judges are still respectful and afraid to collide because the defendant is mainly an administrative agency?”, Ms. Hoa said.

The female delegate also said that administrative judgments tend to increase, mainly related to land. Draft Land Law Amendmentis proposing to bring land disputes to the Court for settlement. “What does the Chief Justice of the Supreme People’s Court assess about the feasibility and resources of the Court in implementing this proposal?”, asked Ms. Hoa.





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Delegate Mai Phuong Hoa (Nam Dinh). Image: Win Pham

Chief Justice of the Supreme People’s Court Nguyen Hoa Binh acknowledged that there are many problems surrounding administrative judgments. One is processing rates are often lower than required by Congress. In 2022, the rate of meeting the requirements of the National Assembly will not increase much, exceeding 12%; There is a situation where a number of cases have been sentenced, but People’s Committees at all levels do not enforce them, causing frustration.

Mr. Binh said that there was a state of respect for judges when adjudicating cases that occurred at the People’s Committee of the same level, but not much. The main reason why administrative judgments were canceled or corrected was because the People’s Committees at all levels provided incomplete documents.

Monday, the participation of authorities at all levels in administrative cases is very limited. Chairmen of People’s Committees at all levels when being sued to go to court may only authorize their deputy. “Especially the provincial court, you have a lot of work, so the time to go to court is limited, affecting the interests of the people,” Mr. Binh said.

The Chief Justice said that in the coming time, the People’s Courts at all levels will improve the quality of trial; renovating administrative procedure activities by assigning the case at the district People’s Committee to the provincial court for trial, the case at the provincial People’s Committee will establish a specialized court.

Regarding the draft Land Law, Mr. Binh said that bringing it all to court would limit people’s rights or cause unnecessary trouble for cases that can be resolved immediately. For example, if the People’s Committee of the lower level is wrong, the People’s Committee of the higher level can correct it immediately without going to court. When the administrative judgment cannot be adjudicated, it will be brought to court. “It is recommended that the National Assembly study carefully, not bring all land cases to court,” emphasized Mr. Nguyen Hoa Binh.

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