What are regulations on change of Procurator, Inspector, Deputy Chief, Chief procurator in Vietnam?

What are regulations on change of Procurator, Inspector, Deputy Chief, Chief procurator in Vietnam?

In Article 8 of the Regulation on exercise of power to prosecute and supervise institution, investigation, prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on the change of Procurator, Inspector, Deputy Chief, Chief procurator as follows:

1. Procurators and examiners must refuse to conduct procedures or be changed if they fall into one of the cases specified in Clause 1, Article 52 of the Criminal Procedure Code. Leaders of units and institutes shall make decisions to change procurators and inspectors and assign replacement procurators and examiners according to the provisions of Clause 2, Article 52 of the Criminal Procedure Code.

2. Within 03 days from the date of receipt of a recommendation of a competent investigating agency or a request of a procedure participant to consider and change a procurator or examiner; if there is a basis, the leader of the unit, the leader of the Institute shall issue a decision to change the procurator and examiner; if finding no grounds, a written notice clearly stating the reason.

If the deputy director of the procuracies falls into the case of having to refuse to conduct the proceedings or is changed, the procurator shall assign another deputy director or the director to directly conduct the proceedings for the case; at the same time, notify in writing of such change to the investigating authority that is accepting the case and the procedure participants (if the procedure participants request the change).

If the Procuratorate of the Procuracy falls into the case of having to refuse to conduct the procedure or is changed, it shall report it to the Chief Procurator of the immediate superior procuracies to issue a decision to assign a Deputy Head of the Procuracy of the place where the changed director conducts procedures for the case and notify in writing the investigating authority that is accepting the case and the participants in the proceedings (if the procedure participants request the change); in case the director and deputy director both fall into one of the cases where they must refuse to conduct procedures or are changed, the procuracies, the investigating authority shall uniformly report to the investigating authority and the immediate superior procuracies for the immediate superior investigating authority to withdraw the case for investigation.

3. The decision on change and assignment of the procurator, examiner, deputy director and director of the procuracies prescribed in this Article must be sent to the investigating authority that is accepting the case, put it in the case file and keep the investigation file.

What are regulations on request for change of investigators, investigative officers; heads, chiefs, deputy heads and deputy chiefs of the investigating authority in Vietnam?

In Article 9 of the Regulation on exercise of power to prosecute and supervise institution, investigation, prosecution issued together with Decision 111/QD-VKSTC in 2020, there is a requirement to request for change of investigators, investigative officers; heads, chiefs, deputy heads and deputy chiefs of the investigating authority is as follows:

1. When an investigator or investigating officer falls into one of the cases where they must refuse to conduct the procedure or be changed according to the provisions of Clause 1, Article 49 and Article 51 of the Criminal Procedure Code, the procurator shall immediately discuss it with the investigator or investigating officer to refuse to conduct the procedure; if not, the procurator shall send a written request to the head, chief or deputy chief, or deputy head of the agency competent to investigate, consider, change investigators, investigating officers or report to the director or deputy director of the procuracies a written request to the head or chief of the agency competent to investigate to change.

In case the deputy head or deputy chief of the agency competent to investigate falls into the case that the procedure must be refused or changed, the procurator shall report and propose the Institute leadership to issue a written request to the head or head of the agency competent to investigate to change.

2. If the head or chief of the agency competent to investigate falls into the case of refusal to proceed with the procedure or is changed, the procurator shall report and propose the Institute leadership to request the investigating authority to carry out the procedures for requesting the competent Procuracy to issue a decision to transfer the case to the immediate superior investigating authority for investigation. If the investigating authority does not make a written request, the procuracies of the same level shall issue a decision to transfer the case. The lower procuracies must report in writing on the transfer of the case to the immediate superior procuracies to exercise the right to prosecute and supervise the investigation of the case.

What are regulations on settlement and recommendations for handling acts obstructing criminal procedure activities in Vietnam?

In Article 14 of the Regulation on exercise of power to prosecute and supervise institution, investigation, prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on settlement and recommendations for handling acts obstructing criminal procedure activities as follows:

1. The accused or other procedure participants commit one of the acts of obstructing criminal procedure activities specified in Article 466 of the Criminal Procedure Code, depending on each act and the seriousness of the violation, the procurator reports and proposes to the unit's leader, the institute's leader to settle according to his/her competence or propose or request competent agencies to handle acts of obstructing criminal procedure activities.

2. Forms, competence, order and procedures for handling acts obstructing criminal procedure activities shall comply with the provisions of the Criminal Procedure Code, the Law on Handling of Administrative Violations, and the Law on Handling of Administrative Violations and other relevant laws.

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