What are regulations on exercise of right to prosecute and control the investigation in Vietnam?

What are regulations on exercise of right to prosecute and control the investigation in Vietnam?

In Article 35 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of right to prosecute and control the investigation is as follows:

1. Upon receiving the investigation agency's notice about the investigation experiment, the unit's leader or the Institute's leader must appoint a procurator to exercise the right to prosecute and supervise the experimental investigation. In case the Procurator is absent, the consent of the unit's leader or the Institute's leader must be obtained and notified to the Investigating Authority for recording in the investigative experimental record.

The procurator must study the contents and plan of the experimental investigation to ensure that the reconstruction of the scene, the reenactment of acts, situations or other circumstances is consistent with objective reality and in accordance with the provisions of Article 204 Criminal Procedure Code.

In case of necessity, but the investigating authority has not yet organized the investigation, the procurator shall promptly report and propose the unit leader or the Institute leader to issue a written request to the investigating agency to conduct the experimental investigations.

2. The procuracies shall conduct experimental investigation in one of the following cases:

a) During the investigation period, the Procuracy has requested the investigating agency to conduct an experimental investigation, but the investigating agency has not done it or has done it inadequately;

b) During the prosecution stage, if it is deemed that the experimental investigation is simple and it is not necessary to return the dossier for additional investigation, the procurators shall report and propose unit leaders, leaders of the Institute themselves or in collaboration with the investigating agency to organize experimental investigation.

The experimental investigation and the making of investigative experimental records must comply with the provisions of Article 204 of the Criminal Procedure Code and the regulations of the Supreme People's Procuracy.

What are regulations on exercise of right to prosecute and control the valuation of assets in Vietnam? 

In Article 37 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of right to prosecute and control the valuation of assets is as follows:

1. Procurators take the initiative in closely monitoring the grounds, conditions, competence and procedures for requesting asset valuation according to the provisions of Articles 215, 216, 217, 218, 219, 220, 221 and 222 of the Criminal Procedure Code.

2. After receiving a written request for asset valuation from the investigating authority, if the procurator finds that the contents are incomplete or unclear, the procurator shall report and propose to the unit's leader and the Institute's leader to issue a written request to the investigating authority to amend and supplement.

In case the asset valuation is required but the investigating authority does not request the asset valuation, the procurator shall report and propose the unit leader or the Institute leader to issue a written request to the competent agency to investigate the asset valuation. Check out a request for a property valuation. If the investigating authority fails to do so, the procurator shall report and propose the unit's leader or the Institute's leader to issue a written request for asset valuation.

If detecting that the asset valuator falls under the circumstances that must be rejected or changed according to the provisions of Clause 5, Article 69 of the Criminal Procedure Code, the procurator shall report and propose to the unit leader and the Institute leader to issue a written request to the asset valuation requesting agency to change the asset valuator.

3. Procurators must closely monitor asset valuation conclusions, ensure that the asset valuation conclusions are objective, consistent with documents and evidences collected during the investigation, and meet requirements property valuation.

When there are grounds to re-valuate assets, the procurator shall report and propose to the unit's leader or the Institute's leader to issue a written request to the investigating authority to request the asset re-valuation; if the investigating authority fails to do so, the Procuracy shall directly issue a written request for asset re-valuation.

The Chief Procurator of the Supreme People's Procuracy shall decide on the revaluation of assets in special cases as prescribed in Article 220 of the Criminal Procedure Code.

If finding it necessary to clarify the contents of the valuation conclusion, the procurator shall report and propose the unit leader or the Institute leader to issue a written request to the investigating authority to request the Property Valuation Council to explain the valuation conclusion, inquire more about necessary details as prescribed in Article 221 of the Criminal Procedure Code.

4. In case of necessity, the procurator attends the asset valuation meeting but must notify the asset valuation council in advance. When attending the meeting, the procurator has the right to give opinions, if so agreed by the Asset Valuation Council.

What are regulations on receipt and transfer of denunciations, information on crimes and petitions for prosecution in Vietnam? 

In Article 38 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on receipt and transfer of denunciations, information on crimes and petitions for prosecution are as follows:

1. Leaders of units and Institutes must assign procurators to fully receive denunciations and information on crimes and petitions for prosecution transferred by agencies, organizations or individuals, or received and transferred by units that supervise and settle complaints and denunciations in judicial activities.

2. Receiving procedures shall comply with Article 146 of the Criminal Procedure Code and other relevant laws.

After receiving, the procurator must record in the acceptance book, fully and accurately record denunciations and information on crimes and petitions for prosecution; report to the leaders of the units, the leaders of the Institute and carry out the procedures to immediately transfer denunciations, information on crimes and petitions for prosecution together with relevant documents received to the competent investigating agency for settlement. 

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