General lawtopic the legal status of the people’s procuracy

History of Formation and Development - On July 15, 1960, at the first session, the National Assembly of the Democratic Republic of Vietnam Term II approved the Law on Organization of the

NATIONAL ECONOMICS UNIVERSITY

-*** -LEGAL EXERCISES OF GENERAL LAW

TOPIC: The legal status of the People’s Procuracy

Student's name: Vũ Minh Khuê - 11223140

Chu Vũ Khánh Ngọc - 11224644

Hà Huy Đức - 11221358 Nguyễn Hoàng Doanh - 11221332 Nguyễn Linh Chi - 11221002 Credit class: EMQI 64

Lecturer: Trần Thị Hồng Nhung

HÀ NỘI, 2023

-TABLE OF CONTENTS

1

OVERVIEW 31.1 History of Formation and

Development 3

1.2 Legal

basis 4

1.3 Basic principles in the organization and operation of the

People's Procuracy 4

1.4

Leader 5

2

POSITION 6

3

FUNCTION 6

3.1 General tasks of the People's

Procuracy 6

3.2 Function of exercising the prosecution power of the People's Procuracy: 83.3 Appeals and petitions of the People's Procuracy 9

4

STRUCTURE 10

Article 42 The organizational structure of the Supreme People’s Procuracy 10

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Article 44 The organizational structure of a superior people’s procuracy 12

Article 46 The organizational structure of provincial-level people’s procuracy 12

Article 48: a district-level people’s procuracy 12

5 RELATIONSHIP BETWEEN THE PEOPLE’S PROCURARY AND OTHER PARTS IN THE STATE

APPARATUS 13

6 REFERENCES 14

1 OVERVIEW 1.1 History of Formation and Development

- On July 15, 1960, at the first session, the National Assembly of the Democratic Republic of Vietnam (Term II) approved the Law on Organization of the People's Procuracy consisting of 6 chapters, 25 articles, regulations on functions, tasks, powers and organizational structure of the People's Procuracy

- On July 26, 1960, President Ho Chi Minh signed and announced thislaw, which marked the birth of the People's Procuracy in our state apparatus

- Development process:

+ The Procuracy served in the construction of socialism in the North and the struggle to liberate the South and reunify the country (1960 - 1975)

This is the opening step for the process of forming the organizationalsystem of the People's Procuracy at all levels in the North The People's Procuracy has both consolidated and built up forces and administrative apparatus while performing functions and tasks in thefight against crime and law violations, in combination with orienting the supervision work in association with law enforcement, serving political duties, building a Socialist North, fighting for the liberation

of the South, and reunification of the country

Resolution No 68-NQ/TW emphasized: “The organization of our People's Procuracy is one of the tools of the dictatorship of the People's Democratic State, which is performing the historic task of the dictatorship of the proletariat, organized amid the socialist revolution in the region The North began to focus on building socialism, and at the same time completed the socialist reform…”

+ Expanding and consolidating the organization and operation

of the People's Procuracy on a national scale for the cause of

national construction and defense (1976-1986)

Along with consolidating the system of revolutionary

government agencies in the southern provinces after reunification, the People's Procuracy system was also established in the southern provinces and cities Right from the end of 1975, the Supreme People's Procuracy carried out preparations for the organization and operation of the People's Procuracy of the southern provinces and cities On April 23, 1976, the Minister of Justice of the Provisional Revolutionary Government of the Republic of South Vietnam signed Decree No 09-BTP/ND on behalf of the Government on the

establishment of the People's Procuracy in 21 provinces , Southern

city and put into operation together with the People's Procuracy of provinces and cities nationwide.

+ Continue to innovate, consolidating functions and tasks, perfecting institutions, contributing to building a socialist rule of law state and a clean and strong judiciary

This principle intends to ensure the consistency of legislation

In Article 109 of the 2013 Constitution and Article 8 of the 2002 Law

on Organization of the People's Procuracy, the People's Procuracy is led by the Chief Procurator The Chief Procurator of the People's Procuracy at a lower level is under the leadership of the Chief Procurator of the Higher People's Procuracy In Article 9 of the Law

on Organization of the People's Procuracy 2002 All legal positions in the Procuracy are appointed, relieved of duty, and dismissed by the Chief Procurator of the Supreme People's Procuracy

- The principle of non-dependence on any local state agency

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This principle aims to create conditions for the people's procuracies to perform well their duties of ensuring that the law is strictly and uniformly enforced.

According to the 2013 Constitution, the Law on Organization of the People's Procuracy in 2002, all activities of the People's Procuracy are placed under the supervision of the National Assembly, the National Assembly Standing Committee, and the State President Article 108 of the Constitution legislation in 2013; Article 9 of the

2002 Law on Organization of the People's Procuracy The Chief Procurator of the Supreme People's Procuracy is responsible for and reports on his work to the National Assembly, while the National Assembly is not in session, is responsible and reports to the

Standing Committee of the National Assembly and the President

1.4 Leader

The Chief Procurator of the Supreme People's Procuracy is the highest leader of the Supreme People's Procuracy This position is elected by the National Assembly of Vietnam at the request of the President

Mr Le Minh Tri continues to hold the position of Director of the Supreme People's Procuracy

2 POSITION

The People's Procuracy is an agency with the function of exercising the right to prosecute and supervise judicial activities of the Socialist Republic of Vietnam under the provisions of the

Constitution of the Socialist Republic of Vietnam in 2013

The following section will describe more clearly the functions and duties of the People's Procuracy

Mission and functions of the People's Procuracy under the "Law

on Organization of the People's Procuracy" (2014)

3.1 General tasks of the People's Procuracy

The People's Procuracy of the Socialist Republic of Vietnam, within its mandate, has the following tasks:

- Protecting legitimate rights and interests:

Protect the law, human rights, citizenship rights, the socialist

regime, the interests of the State, and the legitimate rights and interests of organizations and individuals

=> contributing to ensuring strict and uniform compliance with the law

- Protecting the socialist legal system, the regime of the people's democracy, the right to mastery of the people, the property

of the State and collectives, protecting the life, property, freedom, dignity, and honor of citizens; protecting the law, protecting the socialist regime, protecting the interests of the State, and protectingthe legitimate rights and interests of organizations and individuals

=> (This is one of the important tasks to demonstrate the proper existence of the People's Procuracy in the state system)

- Monitoring the law: protect the law, prosecute and supervise the enforcement of the law, regulations, and policies of state

agencies, officials, and individuals

=> contributing to ensuring strict and uniform compliance with the law This includes investigating and prosecuting crimes, conducting inspections, and supervising the activities of state agencies and organizations to ensure their activities take place within the

framework of the law Ensuring that all crimes and violations of the law are detected and handled promptly, not letting criminals and offenders escape punishment, not wronging innocent people, and ensuring that cases are resolved by the law and strictly

- Advising and guiding on the law: the People's Procuracy provides advice and guidance on the law to state agencies, officials, and individuals

=> ensuring that their actions comply with the law

Organizing and implementing the content of the Constitution and developing specific plans to implement the enforcement of the Constitution in the People's Procuracy sector, specifying the

provisions of the Constitution to be included in important legislative projects that the Supreme People's Procuracy is leading in drafting and compiling

- Representing public interests: The People's Procuracy of Vietnam represents the public interest by protecting the rights,

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benefits, and welfare of the people, protecting the interests of the State and society, promoting justice, and combating corruption and other crimes.

3.2 Function of exercising the prosecution power of the People's Procuracy:

Exercising the prosecution power is a major and important activity of the People's Procuracy to prosecute those who have committed crimes, in order to protect the interests of the State and society This activity is carried out from the time of accusation, report of crime, proposal for prosecution, and throughout the process of investigation, prosecution, and trial of criminal cases These activities aim to ensure the rights and obligations of the parties involved in the proceedings, ensure the fairness and

transparency of the resolution of criminal cases, and enhance compliance with the law in society

- Purpose:

a In the resolution of criminal cases, the detection,

prosecution, investigation, prosecution, and trial of criminal offensesmust be carried out within the correct time frame, strictly, by the right person, for the right crime, and in accordance with the law These activities must ensure that no one is wrongfully accused, and

no criminal offense is overlooked This helps to protect the rights of the victims, prevent criminal acts, enhance compliance with the law,and build a just society

b Persons who are prosecuted, arrested, detained, or

restricted in their human rights and citizenship must have their rights protected and not be unlawfully infringed upon This ensures the freedom and legal protection of citizens, prevents wrongful acts during the process of resolving criminal cases

- Duties and powers of the People's Procuracy:

a Requesting agencies, organizations, and individuals to carry out judicial activities in accordance with the provisions of the law; self-inspecting the conduct of judicial activities within their

jurisdiction and reporting the results to the People's Procuracy; providing records and documents for the People's Procuracy to inspect the legality of acts and decisions in judicial activities

b Directly inspecting; verifying and collecting documents to clarify violations of the law by agencies, organizations, and

individuals in judicial activities

c Processing violations, requests, and recommendations from authorized agencies, organizations, and individuals to rectify and strictly handle legal violations in judicial activities At the same time,the People's Procuracy may propose relevant agencies and

organizations to apply measures to prevent legal violations and crimes

d Appealing against judgments and decisions of courts that violate the law, proposing actions and decisions of courts that violate the law, appealing against actions and decisions that violate the law of other authorities and persons with jurisdiction in judicial activities

e Supervising the resolution of complaints and denunciations

in judicial activities and resolving complaints and denunciations within their jurisdiction

f Performing other tasks and powers in supervising judicial activities as prescribed by law

3.2 Appeals and petitions of the People's Procuracy

- The People's Procuracy has the right to appeal when the acts,verdicts, and decisions of individuals and agencies with jurisdiction

in judicial activities seriously violate the law, infringe on human rights, citizens' rights, state interests, legitimate rights and interests

of organizations and individuals The People's Procuracy will appeal and request the competent authorities to resolve this appeal in accordance with the law This shows that the People's Procuracy has the responsibility and authority to protect the rights and interests of citizens, the state, and other legitimate organizations and

individuals in judicial activities

- In case the acts, decisions of individuals or agencies in judicial activities violate the law less seriously and are not sufficient

to consider an appeal under the provisions of paragraph 1 of this Article, the People's Procuracy still has the responsibility to request the agency, organization or individual to remedy the violation of the law and strictly handle the violators If there are any weaknesses or shortcomings in the management activities, the People's Procuracy will propose to the relevant agencies, organizations to remedy and apply measures to prevent violations of the law and crimes The relevant agencies, organizations, and individuals have the

responsibility to consider, resolve, and respond to the People's Procuracy's petition in accordance with the law In general, this paragraph emphasizes the responsibility of the People's Procuracy and the relevant agencies, organizations, and individuals in ensuringcompliance with the law in judicial activities

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4 STRUCTURE

According to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on

Organization of the People's Procuracy

Law No 63/2014/QH13 was promulgated on 24/11/2014

Organizational structure of the Procuracy

Currently, the People's Procuracy is organized vertically and is under the management of the Director of the Supreme People's Procuracy, including:

- Supreme People's Procuracy

- Senior People's Procuracy

- Provincial People's Procuracy

- District People's Procuracy

Article 42 The organizational structure of the

Supreme People’s Procuracy

1 Structure of Supreme People’s Procuracy

a/ The Supervisory Committee;

Supreme People’s Procuracy includes:

- Chief Procurator

- Deputy Chief Procurators

- Procurators

The Procuracy Committee has the task of meeting and

deciding: the operation plan of the procuracy branch to submit the law project to the National Assembly; Selection of Senior and Intermediate Procuracys;

b/ The Office;

The office is an organization of the Supreme People's

Procuracy; is the consulting, directing, and administering unit of the leader of the Supreme People's Procuracy

The task of the office is to formulate and implement annual

directives, plans, programs, and key work tasks; preliminary and summary of the work of the industry

c/ Investigating Agency

IA has 4 tasks:

- Investigating crimes of infringement on judicial activities

- Receiving, collecting, and resolving whistleblowers, reporting of crimes by the provisions of law,,

- Carry out crime prevention work in the field of justice

- Forecasting the crime situation in judicial activities

d/ Equivalent Departments

A total of 19 equivalent departments such as the Department

of Crime Statistics and Information Technology; Department of Accounting and Finance;

e/ Training institutions, press agencies, and other public

non-business units;

- Hanoi Procuracy University

- Professional training and fostering school in Ho Chi Minh City

- Procurator Magazine

- Law Protection Newspaper

f/ The Central Military Procuracy

The Central Military Procuracy belongs to the structure of the Supreme People's Procuracy