People’s procuracies functions, duties and powers of people’s procuracies

duties and powers of people’s procuracies when performing the function of supervising judicial activities can be found at article 4, Laws on Organization of People’s Procuracy c.. Task a

National Economics University Fundamentals of Laws

TOPIC

People’s Procuracies

Group 5:

TABLE OF CONTENT

I Origin 3

II Functions, duties and powers of people’s procuracies 3

III Organizational structure 4

IV Humans resources 7

A GENERAL PROVISIONS 7

B PROCURATORS OF PEOPLE’S PROCURACIES 8

V Relationship between the people’s court and people’s procuracies 9

People’s procuracies

- On July 26th 1960, President Ho Chi Minh signed Order No 20-LCT issue the Law on Organization of the People's Procuracy

- The People’s Procuracy is a very special institution in the socialist state apparatus It exercises the power to prosecute and supervise judicial activities according to the Constitution The People’s Procuracy has a decisive role in building a socialist law-ruled State in Vietnam

II Functions, duties and powers of people’s procuracies

1 Functions and duties of people’s procuracies:

a Exercise the power to prosecute

i an activity of people’s procuracies in criminal procedure to make the State’s accusation against offenders

ii duties and powers of people’s procuracies when exercising the power to prosecute can be found at article 3, Laws on Organization of People’s Procuracy

b Supervise judicial activities of the Socialist Republic of Vietnam

i supervise the lawfulness of acts and decisions committed or made by agencies, organizations and individuals in judicial activities

ii duties and powers of people’s procuracies when performing the function of supervising judicial activities can be found at article 4, Laws on Organization of People’s Procuracy

c Safeguard the Constitution and law, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of organizations and individuals, thus contributing to ensuring the strict and unified observance of law

2 Activities to perform such powers and duties:

a Crime Prosecution Process

i the receipt and settlement of reports and information on crimes and recommendations for prosecution

ii the investigation of criminal cases

iii judicial activities during the stage of prosecution

iv the adjudication of criminal cases

b Investigating activities of investigating agencies of people’s

procuracies:

i the custody, temporary detention, and execution of criminal judgements

ii the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters and other matters in accordance with law; supervision of the execution of civil and administrative judgements

d Settlement of complaints and denunciations and supervision of the settlement of complaints and denunciations about judicial activities

e Crime statistics and other activities

III Organizational structure

1. The Supreme People's Procuracy

a Organizational structure

i The Supervisory Committee;

ii The office;

iii The Investigation Agency;

iv Departments, institutes and the equivalents;

v Training institutions, press agencies and other public service units;

vi The Central Military Procuracy

b Task and powers

The Supreme People's Procuracy shall exercise the right to prosecution and supervision over judicial activities, thus contributing to ensuring a strict and uniform observance of law

c Supervisory Committee of the Supreme People’s Procuracy:

i Prosecutor General of the Supreme People's Procuracy;

ii Deputy Prosecutors General of the Supreme People's

Procuracy;

iii A number of procurators

● must not exceed 19

● A number of prosecutors decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme People's Procuracy.

2 High level People's Procuracy

a Organizational structure

i The Supervisory Committee;

ii The offices;

iii Institutes and equivalents units

● High level People's Procuracy shall have its Chief Prosecutor, Deputy Chief Prosecutors, prosecutors, prosecutor assistants, other civil servants and employees.

b Tasks and powers

The High level People's Procuracies shall exercise the right to prosecution and supervision over judicial activities related to cases falling under the jurisdiction of the High level People's Courts

c Supervisory Committee of the High level People’s Procuracies

i Chief Prosecutor of High People's Procuracy

ii Deputy Chief Prosecutors of High People's Procuracy

iii A number of prosecutors

3 People’s Procuracies of the provinces or centrally-run cities (provincial-level people’s procuracies)

a Organizational Structure

i The supervisory committee;

ii The office;

iii Divisions and equivalent units b Task and powers

The Provincial People's Procuracies shall exercise the right to prosecution and supervision over judicial activities related to cases falling under the jurisdiction of the High level People's Courts

c Thesupervisory committee of a provincial-level people’s procuracy

is composed of:

i The chief procurator;

ii Deputy chief procurators;

iii A number of procurators

4 People’s Procuracies of districts town under provincial level

a Organizational Structure

i The organizational structure of a district-level people’s procuracy consists of an office and divisions District-level people’s procuracies which have no conditions for establishment of divisions may have working sections and assisting apparatuses

ii A district-level people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners and other civil servants and other employees

b Establishment and dissolution of people’s procuracies

i The establishment and dissolution of superior people’s procuracies, provincial- and district level people’s procuracies shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy

5 Military Procuracy at different levels

a Duties and powers of military procuracies

Exercises the right to prosecute and supervises judicial activities under the People's Procuracy system organized in the Vietnam People's Army

b Military procuracy system

i Central Military Procuracy

● Organizational structure

○ The Supervisory Committee;

○ The investigating agency;

○ Divisions and equivalent units

● Supervisory Committee

○ The Chief Procurator;

○ Deputy Chief Procurators;

○ A number of procuracies

ii Military procuracies of military zones and the equivalent

● Organizational structures

○ A supervisory committee;

○ Divisions and assisting apparatus

● Supervisory Committee composed of:

○ The chief procurator;

○ Deputy chief procurators;

○ A number of procuracies

iii Regional military procuracies

● The organizational structure of a regional military procuracy consists of working units and an assisting apparatus

c Establishment and dissolution of military procuracies

article 57

IV Humans resources

1 Judicial titles in people’s procuracies

a) Chief procurators and deputy chief procurators of people’s procuracies and military procuracies at all levels;

c) Heads and deputy heads of investigating agencies;

d) Investigators;

There are 6 categories of responsibilities specified in the Law on Organization of the People's Procuracy: (article 59)

○ Perform duties, exercise their powers and be held responsible before law for the performance of duties and exercise of their powers

○ Compensate for damage caused when performing duties or exercising powers in accordance with law

○ Keep state secrets and work secrets

○ Respect, and submit to supervision by, the people

○ Strictly observe the Constitution, law and regulations of people’s procuracies; to participate in law dissemination and education

○ Constantly learn and study to improve their professional

qualifications

3 Transfer, rotation and secondment of civil servants and public

employees of people’s procuracies

a The Procurator General of the Supreme People’s Procuracy decide:

i To transfer and rotate civil servants and public employees from one people’s procuracy to another

ii To second civil servants and public employees of people’s procuracies to work at other state agencies or units to meet working requirements

b Chief procurators of provincial-level people’s procuracies decide to

transfer and rotate civil servants within a province or centrally run city

c The Minister of National Defense decide:

i To transfer and rotate procurators, examiners, other army men, civil servants and public employees from one military procuracy to another that are based in different military zones after reaching agreement with the Procurator General of the Supreme People’s Procuracy;

ii To second procurators, examiners, other army men, civil servants and public employees of military procuracies to work at other

state agencies or units to meet working requirements after reaching agreement with the Procurator General of the Supreme People’s Procuracy

d Commanders of military zones and the equivalent decide to transfer and rotate procurators, examiners, other army men, civil servants and public employees from one military procuracy to another within their military zones and the equivalent after reaching agreement with the Chief Procurator of the Central Military Procuracy

B PROCURATORS OF PEOPLE’S PROCURACIES

1 Procurators

Procurators are persons who are appointed in accordance with law to perform the function of exercising the power to prosecute and supervise judicial activities

2 General criteria for procurators

a 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

b Possessing a bachelor or higher degree in law

c Having been professionally trained in prosecution

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

e Being physically fit to fulfill assigned duties

3 Procurator ranks

a Ranks of procurators of people’s procuracies (Article 76)

b Ranks of procurators of the Supreme People’s Procuracy

4 Dismissal of procurators (Article 89)

a When prosecutors are found guilty by a court in legally valid

judgments, they will be automatically dismissed

b Depending on the nature and seriousness of their violations,

procurators may be dismissed when:

i Committing a violation in exercising the power to prosecute and supervise judicial activities;

ii Violating the provisions of Article 84 of this Law;

iii Possessing no ethical qualities;

V Relationship between the people’s court and people’s procuracies

The relationship between courts and procuracies in criminal proceedings also has the general purpose of finding out the causes and conditions of the crime, proposing or requesting concerned agencies to take remedial measures and crime prevention

1 The coordination relationship between the Court and the Procuracy in criminal proceedings

- The relationship in proceedings between the procuracy and the court is essentially the relationship between the judicial function and the incriminating function

- These two functions themselves have a dialectic and organic

relationship

+ If there is no charge, or in other words, where there is no charge, there arises an action of adjudication and defense

+ If the Procuracy does well in the accusation function, it

effectively supports the judicial function

+ At court sessions, if the procurator performs well in the role

of state prosecutor, it will create favorable conditions for adjudication On the contrary, the Court performs the proper judicial function, creating favorable conditions for the Procuracy to exercise the right of state prosecution and administer judicial activities

2 The conventions relationship between the Procuracy and the Court in criminal proceedings

- The law of our country establishes the relationship between the Court and the Procuracy not only a coordination relationship but also a conventions

- Under certain conditions, the interaction of these two subjects helps

to properly perform public duties and to avoid abuse of power

- The covenant relationship between such subjects is shown in that

: + When the Procuracy is the agency that has the exclusive right

to prosecute a person to court, the conviction belongs to the Court

+ The Court proceedings must meet the requirements of

prosecution of human acts before they can be tried

+ The Court cannot arbitrarily act against the proceedings, so the law stipulates that the Procuracy, in addition to the prosecutor's function, has the function of supervising judicial activities, that is to supervise the compliance of the trial panel

+ In case of violation of procedural procedures at court

sessions, procurators have the right to give direct opinions

- In the current period of judicial reform, the relationship between the Court and the Procuracy should be built in the direction of coordination and regulation, but must ensure the independence of the conductor and on the basis of ensuring realism present the judicial function of the Court and strengthen the litigation element

Source of reference:

1 Law on organization of People's Procuracies (2014): Legal documents (vksndtc.gov.vn)

2 Overview of the People’s Procuracy System of Viet Nam vksndtc.gov.vn:

Overview of the People’s Procuracy System of Viet Nam )

3 Wikipedia: Supreme People's Procuracy of Vietnam - Wikipedia

4 VNU repository: Trung tầm Thông tin – Thư viện - Library andInformation Center (vnu.edu.vn)