According to the regulations, what is procuracy's promulgation of procedural documents during the filing of charges, investigation and prosecution stages in Vietnam?

According to the regulations, what is procuracy's promulgation of procedural documents during the filing of charges, investigation and prosecution stages in Vietnam? 

In Article 6 of the Regulation on exercise of the right of prosecution and supervision of the filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there is a provision on procuracy's promulgation of procedural documents during the filing of charges, investigation and prosecution stages as follows:

1. The director, deputy director and procurator shall issue procedural documents in the stages of prosecution, investigation and prosecution in accordance with the Criminal Procedure Code and regulations of the Procurator General of the People's Procuracy. supreme people.

2. The Chief Procurator of the Procuracy has the right to sign all procedural documents within the competence of his or her procuracies.

3. The deputy director of the procuracies assigned or authorized by the procurator to be in charge of his/her field of work has the right to sign all procedural documents within the competence of his/her procuracy, except for the documents specified at Point b, Clause 1 of this Article . 1 Article 41 of the Criminal Procedure Code and documents on settlement of complaints and denunciations about their acts and decisions.

4. Procurators assigned to exercise the right to prosecute, supervise the prosecution, investigation and prosecution have the right to sign procedural documents as prescribed in Article 42 of the Criminal Procedure Code . For a complicated case or case, with different views between the competent procedure-conducting agencies or in case of necessity, the procurator must report and propose to seek the direction of the leader. units, leaders of the Institute before signing legal documents.

5. After deciding on the promulgation of procedural documents specified in Clauses 1 and 2, Article 41 of the Criminal Procedure Code , the Procurator General of the Supreme People's Procuracy shall assign the Procurator to the People's Procuracy. The Supreme People's Court or the Senior Procurator who is the Director of the Department for the exercise of the right to prosecution and criminal investigation and investigation shall sign orders for procedural documents under their competence, except for documents specified at Point b , d and dd Clause 1 Article 41 of the Code of Criminal Procedure and Indictments. In special cases, the Chief Procurator of the Supreme People's Procuracy may assign the Procurator of the Supreme People's Procuracy to sign the Indictment.

In case the Director General is absent and a document needs to be signed immediately, the Procurator General of the Supreme People's Procuracy shall consider and decide to assign the Senior Procurator to be the Deputy Director who is assigned to take charge of the settlement of the case. sign a procedural decision for that case or case.

Procurator's procedural documents assigned to sign under the orders of the Chief Procurator of the Supreme People's Procuracy shall comply with Appendix A promulgated together with this Regulation. Procurators must take responsibility before law and to the Chief Procurator of the Supreme People's Procuracy for the signing of assigned documents; After signing the document, the procurator must send it to the Institute's leadership for monitoring and direction. When signing the assigned procedural documents, the procurator must obey the orders of the Procurator, specifically as follows:

Per procurationem. DIRECTOR

PROSECUTOR OF THE Supreme People's Procuratorate

(or SERVICE PROSECUTOR)

Signature

(Specify full names)

What are regulations on assigning procurators and examiners to accept and settle cases and lawsuits in Vietnam?

In Article 7 of the Regulation on exercise of the right of prosecution and supervision of the filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on assigning procurators and examiners to accept and settle cases and lawsuits as follows:

1. Within 03 days from the date of receipt of a written notice of receipt of denunciations, information on crimes and recommendations for prosecution or the decision to prosecute the case of the investigating authority. , the leaders of units and Institutes must make decisions on assigning to exercise the right to prosecute and supervise the settlement of cases and cases. Depending on the nature of the case or case, the leader of the unit or the Institute may assign one or more procurators and examiners to jointly solve the case or case.

In case the Procurator General of the Procuracy directly conducts procedures for the case or case, the Procurator General of the Procuracy shall send a written notice to the investigating authority.

2. In case a case or matter involves more than one procurator or examiner, the assignment decision must clearly state the assignment of the main procurator to handle. At the Supreme People's Procuracy, the Central Military Procuracy, the principal accepting procurator is a senior procurator or higher; At the People's Procuracy of the province, the Military Procuracy of the military zone, the main prosecutor shall be the procurator of intermediate level or higher; At the district-level People's Procuracy, the regional military procuracies, the principal accepting procurators are elementary-level procurators or higher.

The main prosecutor shall be responsible for formulating a plan to exercise the right to prosecute, supervise the prosecution, investigation and prosecution, and assign specific tasks to each procurator and examiner, and take responsibility before the law, leaders of units, leaders of the Institute on the settlement of cases and cases.

3. In case a case or matter involves both the procurator and the examiner, the examiner shall assist the procurator and comply with the professional assignment and direction of the procurator. Procurators and inspectors must perform their duties as assigned and be subject to the professional direction of the principal accepting procurator. Procurators of lower ranks must follow the assignment and professional direction of procurators of higher ranks.

What are regulations on supervision of use of speech and writing in criminal proceedings in Vietnam? 

In Article 10 of the Regulation on exercise of the right of prosecution and supervision of the filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are regulations on supervision of use of speech and writing in criminal proceedings as follows:

1. Procurators closely supervise procedural acts and documents, ensuring the principle that the spoken and written language used in criminal procedures is Vietnamese as prescribed in Article 29 of the Criminal Procedure Code.

2. In case the procedural documents are not presented in Vietnamese or the procedure participants cannot use Vietnamese or the procedure participants have hearing, speech and vision disabilities, the procurator shall take the initiative in requesting an investigation. Investigators or investigative officers request to appoint translators and interpreters to participate in the proceedings.

The interpretation must be made in writing according to the provisions of Article 178 of the Criminal Procedure Code.

Best Regards!