Working activities of people’s procuracies in Vietnam

Working activities of people’s procuracies in Vietnam (Internet image)

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

1. Working activities of people’s procuracies in Vietnam

The work of the People's Procuracy according to Article 6 of the Law on Organization of People’s Procuracies 2014 is as follows:

- People’s procuracies shall perform the function of exercising the power to prosecute through the following activities:

+ Exercising the power to prosecute in the settlement of reports and information on crimes and recommendations for prosecution;

+ Exercising the power to prosecute during the stage of institution and investigation of criminal cases;

+ Exercising the power to prosecute during the stage of prosecution against offenders;

+ Exercising the power to prosecute during the stage of adjudication of criminal cases;

+ Investigating some types of crime;

+ Exercising the power to prosecute in mutual judicial assistance in criminal matters.

- People’s procuracies shall perform the function of supervising judicial activities through the following activities:

+ Supervising the receipt and settlement of reports and information on crimes and recommendations for prosecution;

+ Supervising the institution and investigation of criminal cases;

+ Supervising the observance of law by procedure participants during the stage of prosecution;

+ Supervising the adjudication of criminal cases;

+ Supervising the custody, temporary detention and execution of criminal judgments;

+ Supervising the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters and other matters in accordance with law;

+ Supervising the enforcement of civil and administrative judgments;

+ Supervising the settlement of complaints and denunciations about judicial activities by competent agencies in accordance with law; settling complaints and denunciations about judicial activities which fall under their competence;

+ Supervising mutual judicial assistance activities.

- Other activities of people’s procuracies include:

+ Crime statistics; law making; and law dissemination and education;

+ Training and re-training; scientific research; international cooperation and other activities serving their development.

2. Principles on organization and operation of people’s procuracies in Vietnam

Principles on organization and operation of people’s procuracies according to Article 7 of the Law on Organization of People’s Procuracies 2014 are as follows:

- A people’s procuracy shall be led by the chief procurator. Chief procurators of people’s procuracies at lower levels shall submit to the leadership of chief procurators of people’s procuracies at higher levels. Chief procurators of people’s procuracies at lower levels shall submit to the unified leadership of the Procurator General of the Supreme People’s Procuracy.

People’s procuracies at higher levels shall inspect and strictly handle violations committed by people’s procuracies at lower levels. Chief procurators of people’s procuracies at higher levels may revoke, suspend or cancel illegal decisions issued by chief procurators of people’s procuracies at lower levels.

- At the Supreme People’s Procuracy, superior people’s procuracies, people’s procuracies of provinces and centrally run cities, the Central Military Procuracy and military procuracies of military zones and the equivalent, supervisory committees shall be set up to discuss and decide by majority on important issues and give opinions on cases and matters before submission to chief procurators for decision under Articles 43, 45, 47, 53 and 55 of the Law on Organization of People’s Procuracies 2014.

3. Coordination responsibility of people’s procuracies in Vietnam

According to Article 8 of the Law on Organization of People’s Procuracies 2014, within the ambit of their functions and duties, people’s procuracies shall coordinate with public security agencies, courts, judgment enforcement agencies, inspection agencies, audit agencies, other state agencies, and the Central Committee and member organizations of the Vietnam Fatherland Front in effectively preventing and fighting crimes;

Promptly and strictly handling crimes and violations in judicial activities; conducting law dissemination and education; formulating legal documents; conducting training and re-training activities and researching crimes and violations.

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