The Procuracy's right to protest and recommend in the Law on Organization of People’s Procuracies 2014 of Vietnam

According to the Law on Organization of People’s Procuracies 2014 of Vietnam, people’s procuracies shall protest against acts, judgments or decisions which are committed or made by competent agencies or persons in judicial activities and involve serious violations, infringing upon human rights, citizens’ rights, interests of the State or lawful rights and interests of organizations and individuals. Competent agencies and persons shall settle protests of people’s procuracies in accordance with law.

Similarly, in case acts or decisions committed or made by agencies, organizations or individuals in judicial activities involve violations which are less serious and do not fall into the case subject to protest prescribed above, people’s procuracies shall recommend these agencies, organizations or individuals to remedy violations and strictly handle violators; if detecting any loopholes or shortcomings in management activities, they shall recommend concerned agencies and organizations to remedy and apply measures to prevent violations and crimes. Related agencies, organizations and individuals shall consider, settle and reply to recommendations of people’s procuracies in accordance with law.

From the above analysis, it can be seen that the Law on Organization of People’s Procuracies 2014 very specifically regulates which cases the People's Procuracy issues protests and which cases the People's Procuracy issues recommendations. When receiving protests or recommendations from the People's Procuracy, relevant agencies, organizations and individuals are responsible for implementing those protests and recommendations. The Law on Organization of People’s Procuracies 2002 stipulates sanctions for implementing protests and recommendations of the People's Procuracy, which is still general, so it greatly affects the performance of the functions and tasks of the People's Procuracy.

On the other hand, according to Article 9 of the Law on Organization of People’s Procuracies 2014 of Vietnam, rights and responsibilities of agencies, organizations and individuals toward activities of people’s procuracies are specified as follows:

Concerned agencies, organizations and individuals shall strictly abide by decisions, and fulfill requests, recommendations and protests of people’ procuracies; and may recommend action against, and lodge complaints and denunciations about, illegal acts and decisions of people’s procuracies; people’s procuracies shall settle or reply to these recommendations, complaints and denunciations in accordance with law. When having grounds to believe that an act or a decision of a people’s procuracy is groundless or illegal, investigating agencies or agencies assigned to conduct some investigating activities, courts and judgment enforcement agencies may recommend or request the people’s procuracy to reconsider its act or decision. The people’s procuracy shall settle or reply to these recommendations or requests in accordance with law. Agencies, organizations and individuals are prohibited from obstructing or intervening into the exercise of the power to prosecute and supervise judicial activities by people’s procuracies; taking advantage of the right to lodge complaints and denunciations to slander cadres, civil servants, public employees and other employees of people’s procuracies.

Concurrently, according to Article 10 of the Law on Organization of People’s Procuracies 2014 of Vietnam, the supervision of activities of people’s procuracies is as follows:

The National Assembly and National Assembly agencies, deputies and delegations, People’s Councils and People’s Council deputies, and the Central Committee and member organizations of the Vietnam Fatherland Front shall supervise activities of people’s procuracies in accordance with law.

To well perform the function of exercising prosecutorial power and supervising judicial activities, the Constitution 2013 and the Law on Organization of People’s Procuracies 2014 of Vietnam stipulate the right to protest and recommend of the People's Procuracy that is specified in the Criminal Code (2015), Civil Procedure Code (2015), Law on Administrative Procedures (amended and supplemented in 2015), Law on Enforcement of Civil Judgments (amended and supplemented in 2014), Law on Execution of Criminal judgments 2010, Law on temporary detention or custody 2015, Law on Organization of Criminal Investigation Bodies 2015 of Vietnam etc. This has created favorable conditions for the People's Procuracy to successfully complete its assigned functions and tasks, creating trust for the Party, State and people, and being worthy of being a reliable address for the people in judicial activities.

Source: vksbinhdinh.gov.vn

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