What are regulations on the purpose of exercising the right to prosecute, supervise prosecution, investigation and prosecute in Vietnam?

What are regulations on the purpose of exercising the right to prosecute, supervise prosecution, investigation and prosecute in Vietnam?

Pursuant to Article 3 of the Regulations on the practice of prosecutorial power, supervision of prosecution, investigation and prosecution issued together with the Decision 111/QD-VKSTC in 2020 stipulating the purpose of exercising the right to prosecute, supervise prosecution, investigation and prosecute in Vietnam as follows:

 1. All criminal acts and perpetrators must be detected, prosecuted, investigated, and handled in a timely, serious, accurate, fair, and lawful manner, without letting criminals and perpetrators escape, and without wrongly accusing innocent people.

2. No one shall be prosecuted, arrested, detained, detained, or restricted in their civil rights, or have their life, health, property, freedom, honor, and dignity violated in an unlawful manner.

3. The prosecution, investigation, and prosecution must be timely, objective, comprehensive, complete, accurate, and lawful; any violations of the law in the course of prosecution, investigation, and prosecution must be promptly detected; rectified and dealt with severely.

What are duties, powers and responsibilities of the Director, Deputy Directors, Procurators and Inspectors in Vietnam?

Pursuant to Article 5 of the Regulations on the practice of prosecutorial power, supervision of prosecution, investigation and prosecution issued together with the Decision 111/QD-VKSTC in 2020 stipulating duties, powers and responsibilities of the Director, Deputy Directors, Procurators and Inspectors in Vietnam as follows:

1. The Director, Deputy Director, Prosecutors, and Investigators must perform their duties, powers, and responsibilities in accordance with the provisions of Articles 41, 42, 43, and other provisions of the Criminal Procedure Code and other relevant laws in the prosecution, investigation, and prosecution.

2. When assigned to handle a case, Prosecutors and Investigators are responsible for managing the case file, the case file, and the inspection file. When reporting and proposing issues related to the exercise of public prosecution, supervision of the prosecution, investigation, and prosecution to the unit leader and the Institute leader, Prosecutors and Investigators must report honestly, objectively, accurately, and fully on the content of the case, the progress of the case, and propose a solution in writing.

3. Unit leaders and Institute leaders are responsible for managing and directing the exercise of public prosecution, supervision of the prosecution, investigation, and prosecution; considering and deciding on issues related to the handling of cases in accordance with the provisions of the law, this regulation, and other relevant regulations.

After hearing the Prosecutor's report and proposal for handling a case, the unit leader and the Institute leader must clearly state their instructions in the Prosecutor's proposal; if necessary, they must directly study the file, check the evidence in the file, or directly carry out some activities to resolve denunciations, reports of crimes, petitions for prosecution, and investigative activities before giving instructions. The proposal must be dated, signed by the unit leader, the Institute leader, and the Prosecutor and filed in the inspection file.

During the handling of a case, if there are different opinions between Prosecutors or between Prosecutors and Deputy Directors or the Director, they shall follow the provisions of Article 83 of the Law on the Organization of People's Procuracies. In case of different opinions between the Prosecutor in charge and the unit leader, the Prosecutor in charge must follow the opinion of the unit leader, but has the right to report to the Deputy Director in charge; if there are different opinions between the unit leader and the Deputy Director, they must follow the opinion of the Deputy Director, but have the right to report to the Director. The conclusion of the Director or Deputy Director is recorded in the unit report and filed in the inspection file.

In case of a complex case with difficulties and obstacles in the process of handling, the Director may submit it to the collective leadership of the Institute or the Procuratorial Committee for discussion before concluding. For cases in which the People's Procuracy at the lower level requests the People's Procuracy at the higher level, the request and reply to the request shall be carried out in accordance with the regulations of the Ministry.

4. When a professional error or violation of the law is found, the unit leader and the Institute leader must take immediate corrective measures and organize reviews, lessons learned, and disciplinary action against the violator in accordance with the law.

What are regulations on activities of the practice of the right to prosecute, supervise prosecution, investigation and prosecute in Vietnam?

Pursuant to Article 1 of the Regulations on the practice of prosecutorial power, supervision of prosecution, investigation and prosecution issued together with the Decision 111/QD-VKSTC in 2020 stipulating regulations on activities of the practice of the right to prosecute, supervise prosecution, investigation and prosecute in Vietnam as follows:

 1. Exercise of public prosecution, supervision of the reception and handling of denunciations, reports of crimes and petitions for prosecution.

The activity of exercising public prosecution, supervision of the reception and handling of sources of information about crimes committed by the offender's own confession or information about crimes directly discovered by the competent authorities is also carried out in accordance with the provisions of this Regulation;

2. Exercise of public prosecution, supervision of the prosecution;

3. Exercise of public prosecution, supervision of the investigation;

4. Exercise of public prosecution, supervision of judicial activities in the prosecution stage.

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