Forms of address of procurators in the court in Vietnam

Forms of address of procurators in the court in Vietnam (Internet image)

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

1. Forms of address of procurators in the court in Vietnam

Specifically, Article 6 of the Rules promulgated together with Decision 46/QD-VKSTC dated February 20, 2017 stipulates how to address the procurator in court as follows:

- When addressing themselves, the procurator uses the word "I" in the case of a procurator; the word "we" in the case of many procurators who jointly exercise the right to prosecute and supervise judicial activities at court hearings or meetings; or use the words "Procuracy", "Procurator" to ensure that it is appropriate to the circumstances and situations.

- How to address the person conducting the proceedings:

+ If the case or case is resolved by the Council, the procurator shall use the phrase "dear Council", "suggest to the Council," or use the word "Council" together with the word indicating the task of the Council, such as the Trial Panel, the Council to settle civil matters, etc., before presenting, speaking, suggesting, or recommending.

+ In case the case or case is resolved by one judge, the procurator shall use the phrase "the judge presides over the court session (session)" or "suggest the judge to preside over the court session (session)" before presenting, speaking, proposing, or proposing.

+ For the clerk of a court session or meeting, the procurator shall use the phrase "suggestion to the clerk of the court session (session)", then state the issue to be proposed.

+ For verifiers, the procurator shall use the phrase "recommended verifier" along with the full name of that verifier, then state the problem to be proposed.

- How to address the participants in the proceedings:

+ For individual defendants, the procurator shall use the word "Defendant" or "Defendant" together with the defendant's name or full name. Example: The defendant said …..; or defendant Nguyen Van A said ……. In case the defendant is a commercial legal entity, the procurator shall use the word "Defendant" or "Defendant" together with the full name of that legal entity.

+ For convicts, the procurator shall use the word "inmate" together with the person's full name.

+ For the victim, the procurator uses the word "victim" or "victim" along with the person's full name.

+ For lawyers, the procurator shall use the word "Attorney" or "Attorney" together with the full name of that lawyer.

+ For other procedure participants who are individuals, the procurator shall use the word "brother, sister, grandpa, or grandma" or "brother, sister, grandpa, or grandma" together with that person’s name or full name; if it is an agency or organization, the procurator shall use the full name of that agency or organization.

- For those attending court sessions, the procurator uses the expression "Dear aunts and uncles, brothers and sisters attending the trial".

2. Attitudes and behavior of prosecutors at court in Vietnam

Pursuant to Article 7 of the Rules issued together with Decision 46/QD-VKSTC dated February 20, 2017, stipulating the behavior of prosecutors at court:

- Procurators must stand and sit in the correct posture. If wearing a hat, it must be placed on the table, in front of the prosecutor's left side, with the badge on the hat facing forward.

- The procurator's gestures, actions, words, and expressions must be clear, decisive, polite, and proper. Voice just enough to hear—not too fast, not too slow. Language must be precise—no slurred speech, no stuttering.

- Procurators must have an attitude of listening and respecting the opinions of others. When questioning, debating, responding to, and expressing opinions, the procurator must be bold, slow, and must not be irritable, angry, or insult others.

- When making requests, suggestions, or recommendations at court hearings or meetings, the procurator must seek permission from the presiding judge of the court hearing or meeting before speaking. Proposals for legal violations by procedure-conducting persons at court hearings or meetings must be accurate and constructive comments for remedial action.

If the Council or the Judge presiding over the court session does not accept the request, proposal, or recommendation, the procurators must continue to participate in court sessions and meetings and must not leave, be angry, or be uncooperative.

- In case an unexpected situation arises at a court hearing or meeting, the procurator must calmly, proactively, and flexibly deal with it or coordinate with the Council or the Judge to resolve it.

3. Things Procurators prohibitted to do in court in Vietnam

According to Article 5 of the Rules promulgated together with Decision 46/QD-VKSTC dated February 20, 2017, procurators are not allowed to do in court the following:

- Not using alcohol, beer, or other stimulants when performing their duties at court hearings or meetings or within 12 hours before participating in court sessions or sessions.

- Non-discrimination on ethnicity, religion, belief, race, composition, social status, or gender of procedure participants and court participants.

- Not taking actions to criticize, disparage, belittle, or insult the honor and dignity of the litigator with the Procurator, who opposes the views and opinions of the Procuratorate or Procurator.

- Not performing acts in excess of their responsibilities and duties at court hearings or meetings.

- Not arbitrarily lending, taking notes, making copies of exhibits and documents, giving interviews, or providing information related to the case before the end of the court session or meeting.

- Failing to do what the procurator is not allowed to do according to the provisions of the Law on Organization of the People's Procuracy and the Rules promulgated together with Decision 46/QD-VKSTC dated February 20, 2017.

4. Things the procurator must do in court in Vietnam

The things that a procurator must do at court are specified in Article 4 of the Rules issued together with Decision 46/QD-VKSTC dated February 20, 2017 as follows:

- Strictly and fully complying with the provisions of law and the People's Procuracy Branch on the performance of tasks and powers of the Procuracy and Procurator at court hearings and meetings.

- Being present at the venue for the opening of the court session or meeting before the opening time. If due to force majeure reasons, the procurator assigned to participate in the court hearing or meeting cannot be present, he or she shall immediately report to the leader of the Department or the leader of the unit, and at the same time notify the chairperson of the court session or meeting.

- Using industry uniforms in accordance with regulations.

- Complying with the rules of court sessions and meetings.

- Strictly complying with the lawful and reasonable requests and proposals of the presiding judge of the court session.

- Gestures, actions, words, postures, manners, attitudes, and expressions must be standard, showing the image of the Procurator "Justice, integrity, objectivity, caution, and humility".

- Other things that the Procurator must do according to the provisions of the Rules issued together with Decision 46/QD-VKSTC dated February 20, 2017.

Ho Quoc Tuan

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