05 Prohibited acts of procurators in Vietnam

05 Prohibited acts of procurators in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 05 Prohibited acts of procurators in Vietnam

According to Article 84 of the Law on Organization of People’s Procuracies 2014, prohibited acts of procurators include:

(1) Acts which cadres and civil servants are prohibited by law from taking.

(2) Providing consultancy to persons who are arrested, held in custody or temporary detention, involved parties or other procedure participants, making the settlement of cases or matter unlawful.

(3) Interfering in the settlement of cases or matters or taking advantage of their powers to influence persons responsible for settling cases or matters.

(4) Bringing files of cases or matters out of the premises of their agencies, unless for performing their assigned duties or approved by competent persons.

(5) Receiving outside prescribed places the accused, defendants, involved parties or other procedure participants in cases or matters which they are competent to settle.

2. Duties, powers and responsibilities of procurators in Vietnam

Duties, powers and responsibilities of procurators in Vietnam according to Article 83 of the Law on Organization of People’s Procuracies 2014 are as follows:

- When exercising the power to prosecute and supervise judicial activities, procurators shall observe law and submit to the direction of chief procurators of people’s procuracies.

Procurators shall abide by law and be held responsible before law for their acts and decisions in exercising the power to prosecute and make adversarial arguments at court hearings and to supervise judicial activities.

Procurators shall observe decisions of chief procurators of their people’s procuracies. When having grounds to believe that a decision of the chief procurator of his/her people’s procuracy is illegal, a procurator may refuse to perform the assigned duty and shall report such in writing to the chief procurator. In case the chief procurator determines to execute the decisions, he/she shall issue a written decision thereon and the procurator shall execute the decision but is not held responsible for any arising consequences and, at the same time, shall report the case to the chief procurator of the competent higher-level people’s procuracy. The chief procurator shall take responsibility before law for his/her decision.

Chief procurators of people’s procuracies shall examine and strictly handle violations committed by procurators when performing their assigned duties and may revoke, terminate or cancel illegal decisions of procurators.

- Specific duties and powers of procurators when exercising the power to prosecute and supervise judicial activities are prescribed by law.

- In case more than one procurator jointly settle a case, procurators of lower ranks shall obey the assignment and direction of procurators of higher ranks.

- When performing their duties, procurators may make decisions, conclusions, requests and recommendations in accordance with law.

3. General criteria for procurators in Vietnam

General criteria for procurators according to Article 75 of the Law on Organization of People’s Procuracies 2014 are as follows:

- Being Vietnamese citizens who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good ethical qualities, are incorrupt and honest, have firm political stance and resolve to safeguard the socialist legislation.

- Possessing a bachelor or higher degree in law.

- Having been professionally trained in prosecution.

- Having been engaged in practical work for a certain period of time in accordance with this Law.

- Being physically fit to fulfill assigned duties.

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