04/11/2022 10:56

The People’s Procuracy system of Vietnam

The People’s Procuracy system of Vietnam

"I want to ask about the current People’s Procuracy system of Vietnam. Thank you!" _ Khanh Ha (Vinh Long)

Hello Ms. Ha, LawNet would like to give some information on the current Vietnam People's Procuracy system as following:

1. What is the People's Procuracy?

Pursuant to Article 2 of the Law on organization of People's Procuracies 2014 of Vietnam, 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.

2. The People’s Procuracy system of Vietnam

Currently, the People's Procuracy of the Socialist Republic of Vietnam is organized vertically and is placed under the management, direction and administration of the Chief Procurator of the Supreme People's Procuracy including:

- The Supreme People’s Procuracy.

- Superior People’s Procuracies.

- People’s Procuracies of central-affiliated (below referred to as provincial-level people’s procuracies).

- People’s Procuracies of rural districts, urban districts, towns, provincial cities and the equivalent (below referred to as district-level people’s procuracies).

- Military procuracies at different levels.

2.1 The Supreme People’s Procuracy

The Supreme People’s Procuracy shall exercise the power to prosecute and supervise judicial activities, contributing to ensure strict and uniform observance of law.

- The organizational structure of the Supreme People’s Procuracy consists of:

+ The Supervisory Committee;

+ The Office;

+ The investigating agency;

+ Departments, institutions and the equivalent;

+ Training institutions, press agencies and other public non-business units;

+ The Central Military Procuracy.

- The Supreme People’s Procuracy has the General Procurator, Deputy Procurators General, procurators, examiners; head and deputy heads of the investigating agency, investigators; other civil servants, pubic employees and other employees.

2.2 Superior People’s Procuracy

(Currently, Vietnam has 3 Superior People's Procuracies in Hanoi, Danang and Ho Chi Minh City)

- Superior People’s Procuracies shall exercise the power to prosecute and supervise judicial activities related to cases and matters falling under the jurisdiction of superior people’s courts..

- The organizational structure of the Superior People’s Procuracy consists of:

+ The supervisory committee;

+ The office;

+ Institutions and equivalent units.

- A superior people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners, civil servants and other employees.

2.3 Provincial-level People’s Procuracies

- Provincial-level people’s procuracies shall exercise the power to prosecute and supervise judicial activities in their localities.

- The organizational structure of a provincial-level people’s procuracy consists of:

+ The supervisory committee;

+ The office;

+ Divisions and equivalent units.

- A provincial-level people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners, other civil servants and other employees.

2.4 District-level People’s Procuracies

- District-level people’s procuracies shall exercise the power to prosecute and supervise judicial activities in their localities.

The organizational structure of a district-level people’s procuracy consists of an office and divisions. District-level people’s procuracies which have no conditions for establishment of divisions may have working sections and assisting apparatuses.

- A district-level people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners and other civil servants and other employees.

2.5 Military Procuracies

- Military Procuracies in the People’s Procuracy system shall be organized in the Vietnam People’s Army to exercise the power to prosecute and supervise judicial activities in the army.

- Within the ambit of their functions, military procuracies have the duties specified in Clause 2, Article 2 of this Law; protect national security and defense, discipline and strength of the army; protect lawful rights and interests of army men, civil servants, public employees and other employees in the army; and ensure that all crimes and violations must be strictly handled.

Military Procuracy system consists of:

+ The Central Military Procuracy.

+ Military procuracies of military zones and the equivalent;

+ Regional military procuracies.

2.5.1 Central Military Procuracy

- The Central Military Procuracy belongs to the structure of the Supreme People’s Procuracy.

- The organizational structure of the Central Military Procuracy consists of:

+ The Supervisory Committee;

+ The office;

+ The investigating agency;

+ Divisions and equivalent units.

- The Central Military Procuracy has its Chief Procurator, Deputy Chief Procurators, procurators, examiners; head and deputy heads of the investigating agency, investigators, other army men, civil servants, public employees and other employees.

2.5.2 Military Procuracies of military zones and the equivalent

The organizational structure of the military procuracy of a military zone or the equivalent consists of:

+ A supervisory committee;

+ Divisions and assisting apparatus.

- The military procuracy of a military zone or the equivalent has its chief procurator, deputy chief procurators, procurators, examiners, other army men, civil servants, public employees and other employees.

2.5.3 Regional Military Procuracies

- The organizational structure of a regional military procuracy consists of working units and an assisting apparatus.

- A regional military procuracy has its chief procurator, deputy chief procurators, procurators, examiners, other army men, civil servants, public employees and other employees.

Legal basis: Law on organization of People's Procuracies 2014 of Vietnam.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
21


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