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On the afternoon of December 9, the Standing Committee of the National Assembly (QH) considered and decided the disposition of administrative units at the district and commune level in the period 2019-2021 and established Thu Duc City in Ho Chi Minh City, which includes the establishment of the People’s Court, VKSND of Thu Duc City.
“The brother of the provincial court, the brother of the district court”
Presenting a presentation on the establishment of the Thu Duc City People’s Court, the Chief Justice of the Supreme People’s Court, Nguyen Hoa Binh, declared the five proposals.
Specifically, in terms of territorial jurisdiction, the People’s Courts of the city of Thu Duc have jurisdiction over three old courts (District Courts 2, District 9 and District of Thu Duc).
Regarding the organizational apparatus, in addition to the four specialized courts (Criminal Court, Civil Court, Family and Juvenile Court, Contentious-Administrative Court) and the assistance apparatus, the Supreme Court proposed to establish more Courts. Economy. He explained: The statistics show that the economic cases of the three courts to be resolved are about 1,100 cases, the case / year, the future continues to increase.
The Chief Justice of the Supreme People’s Court, Nguyen Hoa Binh, appeared at the session of the Standing Committee of the National Assembly. Photo: MINH
Regarding the payroll, the number of judges and the regime and politics, he said: From the last five years statistics show that after the consolidation, the People’s Court of the city of Thu Duc will have to solve an average of 6,300 cases / year. “This is the size of the provincial courts. We have many provinces with a scale of 5,000 to 6,000 cases / year, ”said Binh and the total payroll assigned to the three courts mentioned above is 128 people, including 67 judges and this team also download.
He said: The nature of the People’s Court of Thu Duc City is “the younger brother of the provincial court, the brother of the district level, but the size of the provincial court.” Therefore, on the payroll, the Supreme Court proposed to the Standing Committee of the National Assembly to assign an additional 180 payrolls to the People’s Court of the city of Thu Duc (from the total payroll assigned to the People’s Court since 2012), of which there are 85 judges. .
Regarding regimes and policies, he said: If the equivalent at the district level for titles is arranged here, it is difficult for the brothers. This is special, it is not in the law. The authority of the judge can only decide the policy either by district or by province, so it is suggested that the policy be slightly higher than the district level.
Regarding the facilities, he proposed to the Standing Committee of the National Assembly to order the competent agency to grant clean land, located in the administrative center of the city of Thu Duc, and to allocate a sufficient budget to promptly start construction. Seat of the People’s Court of Thu Duc City with a scale according to the requirements of the mission … At the same time, the People’s Committee of Ho Chi Minh City is requested to organize a corresponding budget to support the Supreme People’s Court in the construction of the People’s Court of the city of Thu Duc.
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Thu Duc City remains a district-level administrative unit. This is the rearrangement of administrative units, you should not expand the scope to complicate things. Regarding the case, I will consider the size of the court to be larger than in other areas as a matter of course. President of Congress NGUYEN THI KIM NGAN |
Judicial officials will have their own special system
The Chairman of the Judicial Committee, Le Thi Nga, said that the standing committee agreed with the report of the Supreme People’s Court on the establishment of the Thu Duc City People’s Court in Ho Chi Minh City. The examination agency also agreed on the territorial jurisdiction of the Thu Duc City People’s Court proposed by the Supreme People’s Court.
However, in the draft resolution attached to the submission again, the Thu Duc City People’s Court has the authority to handle all cases according to the first instance procedures, the cases fall under the jurisdiction of the proceedings of first instance of the People’s Court. district and province level; The agreement according to the appeal procedures of the judgments and decisions of the Thu Duc City People’s Court has not yet entered into force at the Ho Chi Minh City High-Level People’s Court.
According to the Judicial Committee, with this provision, the People’s Court of the city of Thu Duc has the same authority as the Provincial People’s Court. This is not in accordance with the law, contradicts procedural laws and is not the responsibility of the Permanent Commission of the National Assembly.
“The Permanent Judicial Committee proposed not to stipulate the jurisdiction of the People’s Court of the city of Thu Duc in the resolution of the Permanent Committee of the National Assembly, but to comply with the provisions of the Law on the Organization of People’s Courts and the Law on Procedures.” she said.
Regarding the organizational apparatus, the Standing Committee of Justice approved the proposal to establish the Economic Court of the People’s Court of the city of Thu Duc.
Regarding the allocation of additional staff, the number of judges of the Thu Duc City People’s Court, the Standing Judicial Committee said that should be carefully considered, put in the overview, the VKSND agencies and the City People’s Committee of Thu Duc are not Recommendation of additional staff …
Regarding the assignment for leadership positions, the Standing Committee of the Judiciary requests the Standing Committee of the National Assembly to assign the Supreme People’s Court, the Supreme VKSND, the Ministry of the Interior to coordinate the study, development of projects and inform the Permanent Committee of the National Assembly. consider and decide in the future …
In conclusion, Vice President Uong Chu Luu said that basically, the Standing Committee of the National Assembly and the Judicial Committee agree in principle: at this point, it should be calculated for the judicial officials of this city. it has a specific regime compared to the district level.
“Currently, the judicial block has only been proposed by the court, the investigation agency, the VKS, and the application has not proposed it. This issue is also related to the project of fundamental renewal of politics, the salary regime of cadres and officials of the political system and jobs, so ask the judge to leave this, resolving in the future “- added the Mr. Luu.
Regarding the venue, the vice president of the National Assembly proposed that the resolution of the Standing Committee of the National Assembly assign the Government and the People’s Committee of Ho Chi Minh City to calculate the land, estimate the budget to be included in the medium-term investment plan in the next period. can organize a new headquarters …
The Standing Committee of the National Assembly passed the resolution to establish Thu Duc City (OLP) – 100% of the members of the Standing Committee of the National Assembly voted to approve a Resolution on the disposition of administrative units at the district and commune level in the period 2019-2021 and the establishment of the city of Thu Duc in the city. HCM City.
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