In the context of development and deep international integration, the need to adjust and improve the court system has become urgent. To meet the new requirements of judicial activities, the Law on the Organization of the People’s Courts 2024 was enacted with several groundbreaking provisions, marking an important step in the reform of Vietnam’s court system. This article will detail some new points of the Law on the Organization of the People’s Courts 2024, focusing on the following main contents:
1. Collection of evidence in adjudication
One of the most noticeable aspects of the Law on the Organization of the People’s Courts 2024 is the distinct provision on the collection of documents and evidence. Specifically, Article 15 of the Law stipulates that the court shall guide, request, and assist relevant agencies, organizations, and individuals in collecting and submitting documents and evidence in administrative, civil cases, and other cases as prescribed by law. Furthermore, Article 15 also stipulates the activities of receiving, examining, and appraising the documents and evidence by the court to resolve the cases. This new regulation aims to ensure that the process of collecting evidence is carried out more efficiently, contributing to the protection of the rights of parties involved in litigation.
2. Establishment of specialized courts
Another major change in the Law on the Organization of the People’s Courts 2024 is the establishment of specialized first-instance courts to handle specific and complex cases. These specialized courts will include:
• Specialized Administrative Court: This is the first instance court that specializes in resolving disputes related to administrative decisions made by state agencies, ensuring the legitimate rights of individuals and organizations affected by unreasonable or unlawful administrative decisions.
• Specialized Intellectual Property Trial Court: This court is established to resolve at first instance disputes relating to cases including intellectual property disputes, including copyrights, related rights, trademarks, patents, and violations of intellectual property rights, especially in the context of the growing digital economy and international integration.
• Specialized Bankruptcy Trial Court: This court has the function of accepting and resolving cases at first instance related to the bankruptcy of enterprises, ensuring the rights of related parties and supporting the restructuring process and resolution of financial disputes when enterprises are unable to repay their debts.
In addition to the function of first instance trial of specific disputes under its jurisdiction, the Law on the Organization of the People’s Courts 2024 also stipulates the roles of the specialized first instance courts in: (i) Issuing enforcement decisions on judgments and rulings regarding administrative intellectual property cases that have become legally effective as prescribed by law; (ii) Imposing administrative sanctions on acts that obstruct judicial proceedings as prescribed by law; (iii) Summarizing trial practices and proposing case law; (iv) Identifying and recommending constitutional and legal issues in regulatory documents during case adjudication, and; (v) Providing legal interpretation in case adjudication.
The establishment of these specialized courts not only meets the diverse needs of modern society but also helps improve the quality of adjudication, ensuring that complex cases are handled by judges with expertise in specific fields.
3. Raising the standards and benefits for judges
The Law on the Organization of the People’s Courts 2024 introduces higher standards regarding the competency, morality, and experience required of judges. The process of selecting and appointing judges will be conducted through rigorous assessments of legal knowledge, practical experience, and moral character, ensuring that only qualified and reputable individuals are entrusted with this position.
Moreover, the law also enhances the benefits for judges, clearly outlining salaries, allowances, and working conditions to ensure that judges can focus on their judicial duties. This not only contributes to improving the quality of adjudication but also minimizes negative factors such as corruption or abuse of power in the course of their work.
4. Innovating the supervision and inspection mechanism for court activities
Article 21 of the Law on the Organization of the People’s Courts 2024 provides for a new mechanism of supervision and inspection of court activities. Instead of relying solely on the supervision from state agencies, the new law expands the scope of supervision, allowing the public to participate in supervising court activities.
This not only creates positive impacts on judicial practices but also enhances transparency, helping the public gain more trust in the judicial system. The new oversight mechanism will also help promptly detect and address errors and violations in judicial activities, thereby improving the effectiveness of the court system.
5. Promoting the application of information technology in adjudication
In the context of the Fourth Industrial Revolution, the application of information technology in judicial activities has become essential. The Law on the Organization of the People’s Courts 2024 introduces specific regulations on promoting the use of information technology in court operations.
Specifically, the law introduces the concept of online trials, allowing trials to be conducted even when litigants cannot appear directly in court. This aligns with the trend of modern technology development, enabling litigants to protect their legitimate rights and interests without having to attend in person, thus saving time and costs for both the court and litigants, especially in cases involving foreign elements.
The Law on the Organization of the People’s Courts 2024 brings numerous new points aimed at enhancing the quality and efficiency of the court system in Vietnam. These changes improve the independence, transparency, and responsibility of the judicial system and respond to the increasingly diverse needs of today’s society. The establishment of specialized trial courts, along with the application of information technology in adjudication, are highlights that facilitate the resolution of disputes in court.
The above article, “Law on the Organization of People’s Court 2024”, is presented by TNTP to our esteemed readers. We hope this article provides valuable insights and useful information.
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