What are details of Official Dispatch 3854 on resolving matters regarding the supervision of the settlement of civil, marriage and family cases issued by the Supreme People's Procuracy of Vietnam?
What are details of Official Dispatch 3854 on resolving matters regarding the supervision of the settlement of civil, marriage and family cases issued by the Supreme People's Procuracy of Vietnam?
On September 9, 2024, the Supreme People's Procuracy issued Official Dispatch No. 3854/VKSTC-V9 of 2024 DOWNLOAD Addressing obstacles in supervising the resolution of civil, marriage, and family cases in Vietnam.
To be specific, Official Dispatch 3854 addresses the following obstacles in supervising the resolution of civil, marriage, and family cases issued by the Supreme People's Procuracy as follows:
Official Dispatch No. 3854/VKSTC-V9 of 2024 addresses the following contents:
(1) Concerning the implementation of the Civil Procedure Code of 2015 and other legal normative documents related to the resolution of civil cases in court.
(2) Concerning the implementation of the Civil Code of 2015.
(3) Concerning the implementation of the Land Law.
(4) Concerning the implementation of the system of professional indicators of the people's procuracy sector.
What are details of Official Dispatch 3854 on resolving matters regarding the supervision of the settlement of civil, marriage and family cases issued by the Supreme People's Procuracy of Vietnam? (Image from the Internet)
Current activities of the People's Procuracy in Vietnam
Based on Article 6 of the Law on Organization of the People's Procuracy of 2014, the activities of the People's Procuracy are as follows:
(1) The People's Procuracy performs the function of exercising the prosecution rights through the following activities:
(i) Exercising the prosecution rights in the settlement of crime denunciations, crime reports, and prosecution recommendations;
(ii) Exercising the prosecution rights in the phases of prosecution and investigation of criminal cases;
(iii) Exercising the prosecution rights in the phase of criminal prosecution;
(iv) Exercising the prosecution rights in the phase of criminal trial;
(v) Investigating certain categories of crimes;
(vi) Exercising the prosecution rights in judicial assistance activities related to criminal matters.
(2) The People's Procuracy performs the function of supervising judicial activities through the following activities:
(i) Supervising the reception and settlement of crime denunciations, crime reports, and prosecution recommendations;
(ii) Supervising the prosecution and investigation of criminal cases;
(iii) Supervising the compliance with the law of participants in legal proceedings in the criminal prosecution phase;
(iv) Supervising the trial of criminal cases;
(v) Supervising the custody, detention, and execution of criminal judgments;
(vi) Supervising the resolution of administrative cases, civil cases, marriage and family cases, business and commercial cases, labor cases, and other matters as prescribed by law;
(vii) Supervising the execution of civil and administrative judgments;
(viii) Supervising the resolution of complaints and denunciations in judicial activities of competent authorities as prescribed by law; resolving complaints and denunciations in judicial activities within its competence;
(ix) Supervising judicial assistance activities.
(3) Other activities of the People's Procuracy include:
(i) Compiling crime statistics; legal building; legal dissemination and education;
(ii) Training, fostering; scientific research; international cooperation, and other activities to build the People's Procuracy.
Principles of organization and operation of the People's Procuracy in Vietnam
Based on Article 7 of the Law on Organization of the People's Procuracy of 2014, the regulations are as follows:
Principles of organization and operation of the People's Procuracy
1. The People's Procuracy is led by the Procurator General. The Procurator General of a lower-level People's Procuracy is subject to the leadership of the Procurator General of the higher-level People's Procuracy. Procurator Generals of lower-level People's Procuracies are under the unified leadership of the Procurator General of the Supreme People's Procuracy.
The higher-level People's Procuracy is responsible for inspecting and strictly handling violations of the law by lower-level People's Procuracies. The Procurator General of a higher-level People's Procuracy has the authority to revoke, suspend, and annul illegal decisions of the Procurator General of a lower-level People's Procuracy.
2. At the Supreme People's Procuracy, high-level People's Procuracies, provincial-level People's Procuracies, centrally-run city's People's Procuracies, Central Military Procuracy, military zone's military procuracies and equivalents, an Inspection Committee is established to discuss and decide by majority on important matters, to comment on cases before the Procurator General decides as prescribed in Articles 43, 45, 47, 53, and 55 of this Law.
The principles of organization and operation of the People's Procuracy are as follows:
(1) The People's Procuracy is led by the Procurator General. The Procurator General of a lower-level People's Procuracy is subject to the leadership of the Procurator General of the higher-level People's Procuracy. Procurator Generals of lower-level People's Procuracies are under the unified leadership of the Procurator General of the Supreme People's Procuracy.
The higher-level People's Procuracy is responsible for inspecting and strictly handling violations of the law by lower-level People's Procuracies. The Procurator General of a higher-level People's Procuracy has the authority to revoke, suspend, and annul illegal decisions of the Procurator General of a lower-level People's Procuracy.
(2) At the Supreme People's Procuracy, high-level People's Procuracies, provincial-level People's Procuracies, centrally-run city's People's Procuracies, Central Military Procuracy, military zone's military procuracies and equivalents, an Inspection Committee is established to discuss and decide by majority on important matters, to comment on cases before the Procurator General decides as prescribed in Articles 43, 45, 47, 53 and 55 of the Law on Organization of the People's Procuracy of 2014.
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