Directive No. 136/TTg on the implementation of the Law Amending and Supplementing Certain Articles of the Law on the Organization of the People's Courts

 DIRECTIVE

OF THE PRIME MINISTER

Regarding the implementation of

The Law Amending and Supplementing Certain Articles of the Law on the Organization of the People's Courts

At its fourth session of the Ninth National Assembly, the National Assembly adopted the Law Amending and Supplementing Certain Articles of the Law on the Organization of the People's Courts and the Enterprise Bankruptcy Law. The establishment of economic courts within the people's courts meets the need to resolve economic cases and declare bankruptcy of enterprises under a market economy mechanism, in line with the reform of judicial organs. The policy of judicial reform and administrative reform.

In order to promptly implement the Law Amending and Supplementing Certain Articles of the Law on the Organization of the People's Courts which takes effect from July 1, 1994, and to implement Resolution No. 166-NQ/UBTVQH dated February 2, 1994 of the Standing Committee of the National Assembly, the Prime Minister issues the following directive:

1. The Ministry of Justice shall urgently prepare implementing documents for the amended and supplemented Law on the Organization of the People's Courts:

- Finalize the draft Ordinance on Procedures for Resolving Economic Cases to be submitted to the Standing Committee of the National Assembly for promulgation in March 1994;

- Coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Government's Organizational-Cadre Department, and the Ministry of Finance to prepare and issue joint Circulars guiding the implementation of the Law on the Organization of the People's Courts, the Ordinance on Procedures for Resolving Economic Cases, and related Decrees no later than May 1994;

- Draft and submit to the Government for issuance in April 1994 a Decree on the organization and operation of economic arbitration (of social-professional nature), and simultaneously guide the establishment of such organizations upon approval of the Decree.

2. The State Planning Commission shall urgently prepare draft laws amending and supplementing certain articles of the Company Law and the Private Enterprise Law relating to business registration and enterprise bankruptcy resolution to be reviewed by the Government in April 1994 and submitted to the Standing Committee of the National Assembly and the National Assembly for approval in June 1994;

3. Economic arbitration agencies established according to the Economic Arbitration Ordinance approved by the State Council on January 10, 1990 shall continue to perform their duties and powers until June 30, 1994; they shall not increase staffing, promote existing cadres, or adjust salaries, and must preserve their material and technical infrastructure (offices, means of transportation, equipment, etc.).

The Chairman of the National Economic Arbitration Agency shall guide the acceptance and resolution of economic contract disputes to ensure that all pending cases are resolved before the expiration of their mandate. If there are unresolved cases by June 1994, the arbitration agency shall return the case files and fees to the parties and inform them of their right to request the People's Court to adjudicate from July 1, 1994.

4. The Minister of the Government's Organizational-Cadre Department, in coordination with the Minister of Justice and the President of the Supreme People's Court, shall propose candidates currently engaged in resolving economic disputes in national economic arbitration agencies to be assigned to economic courts and the Supreme People's Court, preparing for the commencement of operations of the economic court from July 1, 1994.

By the end of June 1994, the Minister of Justice, the Minister of the Government's Organizational-Cadre Department, in coordination with the President of the Supreme People's Court and the Chairmen of the People's Committees of provinces and centrally-administered cities, shall direct the reception, arrangement, and allocation of provincial and district-level economic arbitration agency staff to judicial and legal agencies.

6. In June 1994, the Government's Organizational-Cadre Department and the Ministry of Labor, Invalids, and Social Affairs shall issue guidelines for handling remaining staff of national economic arbitration agencies after July 1, 1994.

The Ministry of Finance shall urgently inventory the material and technical infrastructure (offices, means of transportation, equipment, etc.) of national economic arbitration agencies and be responsible for management and reporting to the Prime Minister for decision-making.

Provincial and centrally-administered city People's Committees shall be responsible for managing and resolving the material and technical infrastructure (offices, means of transportation, equipment, etc.) of provincial and municipal economic arbitration agencies, prioritizing supplementation for judicial and enforcement agencies and courts.

8. In May and June 1994, the Ministry of Justice, in coordination with the Supreme People's Court, shall organize training for selected cadres proposed for appointment as judges to resolve economic cases and those proposed to serve as lay assessors in the trial of economic cases.

The selection and proposal for the appointment of judges to resolve economic cases and the election of lay assessors of provincial people's courts to participate in the trial of economic cases must be completed by May 31, 1994 and carried out in accordance with the provisions of the Ordinance on Judges and Lay Assessors of the People's Courts.

Ministers of Ministries and Chairmen of Provincial and Centrally-Administered City People's Committees shall be responsible for guiding and strictly supervising the implementation of this Directive. The Minister of Justice shall be responsible for compiling and reporting to the Prime Minister on the implementation of this Directive before June 20, 1994./.