The National Assembly Standing Committee convenes on
Saturday in Hanoi to hear reports on and discuss the draft amendments to the Law
on Organisation of National Assembly and the draft Law on Mediation and
Dialogues at Court. — VNA/VNS Photo Lam Khanh
However, during the committee’s meeting on Saturday,
chair of the NA Judicial Committee Le Thi Nga and chair of the NA Ombudsman
Committee Nguyen Thanh Hai expressed concerns over the legality of the
proposal since no historical precedents or the highest law – the
Constitution – grants such power or duty to the committee.
Nga said that since an NA deputy is an elected
representative, any review of a deputy’s performance must be based on the
assessment of the people.
She also questioned the drafting committee over what
types of criteria the NA Standing Committee will use to gauge the
performance of NA deputies, while Hai asked the writers to seriously
consider the impacts of the regulation.
Another item that divided the committee at the
meeting was whether there is a need to increase the ratio of full-time
deputies, which currently is stipulated in the law as “at least 35 per cent
of the total”.
Many wanted the ratio to be increased to 37-40 per
cent or even as high as 50 per cent to reduce the number of deputies who are
also working in law enforcement and judicial branches.
Chair of NA Finance and Budget Nguyen Duc Hai asked
that through the activities of his own committee, there is a dire need for
full-time deputies, especially highly-skilled ones, and citing international
standards where the majority of the deputies work full-time.
However, NA General Secretary Nguyen Hanh Phuc,
representing the drafting committee, said that this would not be feasible as
even now, after human resource preparations and planning, the current ratio
in the NA – 167 full-time deputies out of a total of 484, translating to a
ratio of 34.5 per cent – still missed the 35 per cent.
The NA Legal Committee also agreed that the
stipulation should be kept as is, since the wording allows the ratio to be
flexible – allowing the ratio to be increased depending on the situation of
Many of the NA Standing Committee noted that while
amending the law is necessary, the revisions must be “approaching
international practices and norms” and in line with making sure that the
principles of equality, collective decision-making and majority rule are
Earlier in the morning, the NA Standing Committee
discussed the draft law on mediation and dialogues in courts.
Presenting the report on the draft law, Chief
Justice Nguyen Hoa Binh of the Supreme People’s Court stressed that
successful mediation and dialogues will help effectively resolve disputes
without the need for lengthy and likely expensive legal procedures, while
the decisions reached as a result of mediation and dialogues will usually be
willingly complied with by the parties involved.
“For the courts, enhancing the effectiveness of
mediation and dialogues is one of the core solutions to help alleviate the
workloads involved in dealing with disputes that are growing both in number
and complexity,” Binh noted.
He said that the pilot model for promoting mediation
and dialogues in civil disputes and administrative complaints – carried out
in 16 central provinces and municipalities from last November to this
September – has seen positive results with the success rate at 74.08 per
NA Chairwoman Nguyen Thi Kim Ngan agreed that there
is a need for the law to govern mediation and dialogue activities.
However, she asked the drafting committee to review
the proposed requirements that the mediators must be under 70 years old or
have a certificate proving their skills.
She also asked for more clarification on the
requirement that the mediator must have “good prestige in the community”.
Regarding the mediation fees, the NA Standing
Committee is still split over whether the State budget will shoulder the
Many argued that successful mediation will save
time, efforts and expenses for all parties involved so the State should
provide support for these activities, but others said in some specific
cases, a charge should be imposed to “share the burden” with the State
Chief justice Binh said that the draft law is
gearing towards putting the responsibility on the State budget, which will
best benefit the people.VNS