The Supreme People's Procuracy of Vietnam
1. Position of the People’s Procuracy of Vietnam in the State structure
* The People’s Procuracy of Vietnam was established on 26 July 1960 by the Law on Organization of the People’s Procuracy 1960.
* In accordance with the Constitution of Vietnam, the People's Procuracy is independent within structure of the State.
* The People’s Procuracy is organized into 3 levels, including:
- the Supreme People’s Procuracy;
- the People’s Procuracies of provinces and cities under Central authority (currenly there are 63 provincial People’s Procuracies);
- the People’s Procuracies of districts and cities under provincial authority (currently there are 691 district People’s Procuracies in 691 districts and cities under provincial authority);
* In addition to People’s Procuracies, there are Military Procuracies, including:
- the Central Military Procuracy.
- the Regional Military Procuracies.
- the Local Military Procuracies
* The whole system of People’s Procuracies and Military Procuracies is under management and instruction of the Supreme People’s Procuracy, headed by the Prosecutor General.
The Prosecutor General is elected from the National Assembly deputies, with the same term of 5 years as the National Assembly. One Prosecutor General elected will not exceed 2 terms.
People's Procuracy is headed by a Chief Prosecutor. Chief Prosecutor of lower-level People's Procuracy is under leadership of Chief Prosecutor of higher-level People's Procuracy; Chief Prosecutor of local People's Procuracies and Military Procuracies of all levels are under unified leadership of the Prosecutor General.
The Prosecutor General is elected by the National Assembly at the proposal of the State President, accountable and having to report before the National Assembly; when the National Assembly is not in session the Prosecutor General will be accountable and having to report before the Standing Committee of the National Assembly and State President; answer interpellations, recommendations and requirements of National Assembly deputies.
Deputy Prosecutors General and prosecutors at the central level are appointed, dismissed or removed from office by the State President upon request by the Prosecutor General.
Chief Prosecutors, Deputy Chief Prosecutors and prosecutors of local People's Procuracies, Deputy Chief Prosecutors of the Central Military Procuracy, Chief Prosecutors, Deputy Chief Prosecutors and prosecutors of regional Military Procuracies, local Military Procuracies, investigators of the Supreme People's Procuracy are all appointed, dismissed or removed from office by the Prosecutor General.
Chief Prosecutors of local People's Procuracies are under supervision of the People's Council of the same level; accountable tothe People's Council; answer questions, recommendations and requirements of People's Council deputies.
Deputy Chief Prosecutors assist Chief Prosecutors in doing his duties upon assignments. When a Chief Prosecutor is absent from office, one Deputy Chief Prosecutor will be delegated to lead the Procuracy. Deputy Chief Prosecutors are accountable to Chief Prosecutor for all tasks assigned.
2. Functions and duties of the People’s Procuracy of Vietnam
*The People’s Procuracy of Vietnam has functions of practicing prosecution and supervising judicial activities in comformity with the Constitution and laws.
The Supreme People’s Procuracy practices prosecution and supervises judicial activities, contributing to ensure strict and uniform legal compliance.
Local People’s Procuracies practice prosecution and supervise judicial activities in their respective areas.
Military Procuracies practice prosecution and supervise judicial activities in accordance with laws.
* Within its functions, the People’s Procuracy has the duty of contributing to the protection of the socialist rule of law, protection of the socialism and the self-control right of citizens, protection of assets of the State and collectives, protection of life, health, assets, freedom, honor and dignity of citizens, ensuring that all infringements upon interests of the State and collectives, legal rights and interests of citizens should be taken action by the laws.
3. Judicial Titles of the People’s Procuracies
In the system of People’s Procuracies there are Prosecutors, Investigators and Legal Experts.
- Prosecutors are appointed in accordance with laws to conduct the duties of practicing prosecution and supervising judicial activities.
- Investigators of the Supreme People’s Procuracy are appointed in accordance with laws to conduct investigation of criminal offences.
- Legal Experts: assist leaders of the People’s Procuracies to examine legal compliance in dealing with criminal, civil, marriage and family-related, administrative, business, commercial cases and other matters in accordance with laws; in the custody, detention, management and rehabilitation of convicts; judgment enforcement; in dealing with complaints and denunciations and other assignments given by the Chief Prosecutor, help leaders of the People’s Procuracies to review the documents or directly check cases under competence of the People’s Procuracies.
4. International cooperation activities of the Supreme People’s Procuracy of Vietnam
The international cooperation between the Supreme People’s Procuracy of Vietnam with prosecution offices of other countries in the region and all over the world has been established, strengthened and developed.
Since July 2006 until now, the Supreme People’s Procuracy of Vietnam has signed 09 Memoranda on Cooperation with foreign prosecution offices and acceded to 04 Joint Statements at ASEAN-China Prosecutors General Conferences, ASEAM Prosecutors General Conferences and other Conferences in the area of judicial and legal cooperation.
The implementation of international international projects with an objective of strengthening capacity for the prosecution service has gained remarkable achievements. Diversified activities are domestic and abroad training for prosecutors to improve professional skills, training of international laws, foreign languages and informatics, holding many seminars and workshops on legal issues and providing a large quantiy of computers and IT device for the service. During the recent period, international cooperation projects have contributed greatly to the strengthening of capacity for prosecutors, increasingly satisfying requirements of reform in prosecution activities within the context of international integration, industrialization and modernization of the country.
5. Departments and Units of the Supreme People’s Procuracy of Vietnam
The Supreme People’s Procuracy has 26 units and departments under its direct authority:
- Department for Prosecution and Supervision over Investigation of Economic and Position-Related Cases;
- Department for Prosecution and Supervision over Investigation of Criminal Cases Related to Social Orders;
- Department for Prosecution and Supervision over Investigation of Corruption Cases;
- Department for Prosecution and Supervision over Investigation of Drug Cases;
- Department for Prosecution and Supervision over Investigation of National Security Cases;
- Department for Prosecution and Supervision over Trial of Criminal Cases;
- Investigation Bureau;
- Appellate Department in Ha Noi;
- Appellate Department in Da Nang ;
- Appellate Department in Ho Chi Minh City ;
- Department for Resolution of Complaints and Denunciations;
- Department for Supervision over Custody, Detention, Correction and Rehabilitation of Prisoners;
- Department for Supervision over Resolution of Civil Cases;
- Department for Supervision over Resolution of Administrative, Economic and Labour Cases and Other Matters;
- Department for Supervision over Judgments Enforcement;
- Criminal Statistics Bureau;
- Department for General Affairs;
- Personnel Department
- Institute for Prosecution Sciences
- School for Prosecutors in Ha Noi
- Branch School for Prosecutors in Ho Chi Minh City
- International Cooperation Department
- Inspectorate Bureau
- Department for Finance and Planning
- Prosecutorial Magazine
- Legal Protection Newspaper
