What are the functions and duties of people’s procuracies in Vietnam? What are the duties and powers of people’s procuracies when exercising the power to prosecute?

Main Content

• What are the functions and duties of people’s procuracies in Vietnam?
• What are the duties and powers of people’s procuracies when exercising the power to prosecute?
• What are the rights and responsibilities of agencies, organizations and individuals toward activities of people’s procuracies according to current regulations?

What are the functions and duties of people’s procuracies in Vietnam?

According to Article 2 of the 2014 Law on Organization of People’s Procuracies in Vietnam, the functions and duties of people’s procuracies are as follows:

Functions and duties of people’s procuracies

1. People’s procuracies are agencies exercising the power to prosecute and supervise judicial activities of the Socialist Republic of Vietnam.

2. People’s procuracies have the duty to safeguard the Constitution and law, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of organizations and individuals, thus contributing to ensuring the strict and unified observance of law.

Thus, the functions and duties of people’s procuracies are:

- People’s procuracies are agencies exercising the power to prosecute and supervise judicial activities of the Socialist Republic of Vietnam.

- People’s procuracies have the duty to safeguard the Constitution and law, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of organizations and individuals, thus contributing to ensuring the strict and unified observance of law.

What are the functions and duties of people’s procuracies in Vietnam? What are the duties and powers of people’s procuracies when exercising the power to prosecute? (Image from the Internet)

What are the duties and powers of people’s procuracies when exercising the power to prosecute?

When exercising the power to prosecute, people’s procuracies have the duties and powers specified in Clause 3, Article 3 of the 2014 Law on Organization of People’s Procuracies in Vietnam as follows:

- To request the institution of criminal cases; to cancel illegal decisions on institution or non-institution of criminal cases; to approve or not to approve decisions on initiation of criminal proceedings against the accused issued by investigating agencies or agencies assigned to conduct some investigating activities; to directly institute criminal cases and initiate criminal proceedings against the accused in the cases prescribed by the Criminal Procedure Code;

- To decide on, or approve, the application, change or cancellation of measures restricting human rights or citizens’ rights in the settlement of reports and information on crimes and recommendations for prosecution and in the laying of charges, investigation and prosecution in accordance with the Criminal Procedure Code;

- To cancel other illegal procedural decisions in the settlement of reports and information on crimes and recommendations for prosecution, and in the laying of charges and investigation by investigating agencies or agencies assigned to conduct some investigating activities;

- When necessary, to set investigation requirements and require investigating agencies or agencies assigned to conduct some investigating activities to fulfill such requirements;

- To request concerned agencies, organizations and individuals to provide documents to clarify offences and offenders;

- To directly settle reports and information on crimes and recommendations for prosecution; to conduct some investigating activities to clarify grounds for laying charges on offenders;

- To investigate crimes of infringing upon judicial activities and corruption- and position- related crimes in judicial activities in accordance with law;

- To decide on the application of summary procedure in investigation and prosecution;

- To decide on the prosecution and accusation against the accused at court hearings;

- To protest against court judgments or decisions in case of injustice, wrongful conviction or omission of offences or offenders;

- To perform other duties and exercise other powers in making accusations against offenders in accordance with the Criminal Procedure Code.

What are the rights and responsibilities of agencies, organizations and individuals toward activities of people’s procuracies according to current regulations?

Pursuant to Article 9 of the 2014 Law on Organization of People’s Procuracies in Vietnam stipulating the rights and responsibilities of agencies, organizations and individuals toward activities of people’s procuracies as follows:

- Concerned agencies, organizations and individuals shall strictly abide by decisions, and fulfill requests, recommendations and protests of people’ procuracies; and may recommend action against, and lodge complaints and denunciations about, illegal acts and decisions of people’s procuracies; people’s procuracies shall settle or reply to these recommendations, complaints and denunciations in accordance with law.

- When having grounds to believe that an act or a decision of a people’s procuracy is groundless or illegal, investigating agencies or agencies assigned to conduct some investigating activities, courts and judgment enforcement agencies may recommend or request the people’s procuracy to reconsider its act or decision. The people’s procuracy shall settle or reply to these recommendations or requests in accordance with law.

- Agencies, organizations and individuals are prohibited from obstructing or intervening into the exercise of the power to prosecute and supervise judicial activities by people’s procuracies; taking advantage of the right to lodge complaints and denunciations to slander cadres, civil servants, public employees and other employees of people’s procuracies.