The National Assembly is reviewing a draft law to establish a unique court in Ho Chi Minh City with international standards and judicial flexibility.
The National Assembly Standing Committee met this morning to review the draft Law on Specialized Courts, aimed at supporting the operation of the international financial center.
According to the Supreme People’s Court, the draft outlines the principles of organization and operation for a specialized court.
Specifically, the specialized court would operate independently within its jurisdiction. Judges would act independently, adhering only to the law. It ensures equal rights before the law, fair and transparent trials, and impartial, efficient dispute resolution. The court will guarantee both trial and appellate procedures.
Deputy Chief Justice of the Supreme People’s Court Nguyen Van Tien presents the draft law. Photo: National Assembly
It also embraces adversarial proceedings, flexible procedures tailored to international standards and practices, and public hearings - except in cases where closed proceedings are required by law. The parties involved retain autonomy in decision-making.
According to the draft, procedural regulations will be issued by the Supreme People’s Court, ensuring flexibility and efficiency to encourage parties to select the specialized court for dispute resolution.
The draft also allows parties to agree to apply foreign laws, international commercial customs, or international treaties that Vietnam is not yet a member of, as long as one of the parties is a foreign individual or organization.
This flexibility ensures that investors from different legal systems can choose to apply international laws, commercial practices, or any national legal framework - be it common law, civil law, or otherwise - to resolve their disputes in Vietnam.
However, foreign laws or treaties may not be applied if doing so would conflict with Vietnam’s public order.
Proposal to allow foreign judges appointed by the President
On organizational structure, the draft proposes establishing one specialized court located in Ho Chi Minh City, with jurisdiction over disputes arising within the international financial centers of both Ho Chi Minh City and Da Nang.
The proposed structure includes a trial division, an appellate division, and administrative units to ensure two-tier proceedings: first-instance and appeals.
The specialized court will include a chief judge, deputy chief judges, division heads, judges, court clerks, and other personnel.
According to the draft, the President of Vietnam will appoint judges of the specialized court. These judges may be either Vietnamese or foreign nationals, provided they meet specific qualifications.
Foreign judges must meet criteria including: being an experienced judge, lawyer, or expert with strong ethics, specialized knowledge, and at least 10 years of relevant legal experience in investment or business-related cases.
They must also be fluent in English for conducting proceedings and be under 75 years old with adequate health to fulfill the position.
The specialized court will have jurisdiction over disputes among members of the international financial center, or between such members and other parties, except for cases involving public or state interests.
Debates on trial panel composition and judge appointment
Chief Justice of the Supreme People’s Court Nguyen Van Quang delivers remarks. Photo: National Assembly
The drafting committee presented two issues for consultation.
First, on trial panel composition: One proposal suggests first-instance cases be tried by a single judge without lay assessors. In complex cases, a panel of three judges could be appointed at the discretion of the chief judge, while appeals would always be heard by a panel of three judges. This is the position supported by the Supreme People’s Court.
The second view suggests first-instance trials by a single judge, with no lay assessors, and all appeals handled by a three-judge panel.
Second, on the appointment of the chief judge of the specialized court: one proposal is for the Chief Justice of the Supreme People’s Court to appoint and remove the chief judge of the specialized court. The alternative is to have the President of Vietnam make those decisions.
The Supreme People’s Court supports the first proposal.
Draft law to be fast-tracked
After discussion, the National Assembly Standing Committee agreed with the key provisions in the draft law and approved both points according to the first proposals.
The committee also agreed to submit the draft law to the National Assembly using a fast-track process for approval during the 10th session.
In conclusion, Standing Vice Chairman of the National Assembly Do Van Chien emphasized four keywords: uniqueness, excellence, compliance with international standards, and investor appeal.
On December 4, the draft law on the specialized court within the international financial center will be presented to the National Assembly, with a vote expected on December 11.
Vietnamnet.vn
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