FUNCTIONS AND DUTIES OF PEOPLE’S PROCURACY OF VIETNAM

FUNCTIONS AND DUTIES OF PEOPLE’S PROCURACY OF VIETNAM

Arcoding to:

Law on organization of People’s procuracies No. 63/2014/QH13

I. FUNCTIONS OF PEOPLE’S PROCURACY

People’s procuracy are agencies exercising the power to prosecute and supervise judicial activities of the Socialist Republic of Vietnam, include:

1. Exercise of Prosecutorial

An activity of people’s procuracy in criminal procedure to make the State’s accusation against offenders.

Exercise of Prosecutorial shall be exercised right upon the settlement of reports and information on crimes and recommendations for prosecution and throughout the course of institution, investigation, prosecution, and adjudication of criminal cases, include:

1.1. To request the institution of criminal cases; to cancel illegal decisions on institution or non-institution of criminal cases; to approve or not to approve decisions on initiation of criminal proceedings against the accused issued by investigating agencies or agencies assigned to conduct some investigating activities; to directly institute criminal cases and initiate criminal proceedings against the accused in the cases prescribed by the Criminal Procedure Code;

1.2. To decide on, or approve, the application, change or cancellation of measures restricting human rights or citizens’ rights in the settlement of reports and information on crimes and recommendations for prosecution and in the laying of charges, investigation and prosecution in accordance with the Criminal Procedure Code;

1.3. To cancel other illegal procedural decisions in the settlement of reports and information on crimes and recommendations for prosecution, and in the laying of charges and investigation by investigating agencies or agencies assigned to conduct some investigating activities;

1.4. When necessary, to set investigation requirements and require investigating agencies or agencies assigned to conduct some investigating activities to fulfill such requirements;

1.5. To request concerned agencies, organizations and individuals to provide documents to clarify offences and offenders;

1.6. To directly settle reports and information on crimes and recommendations for prosecution; to conduct some investigating activities to clarify grounds for laying charges on offenders;

1.7. To investigate crimes of infringing upon judicial activities and corruption- and position- related crimes in judicial activities in accordance with law;

1.8. To decide on the application of summary procedure in investigation and prosecution;

1.9. To decide on the prosecution and accusation against the accused at court hearings;

1.10. To protest against court judgments or decisions in case of injustice, wrongful conviction or omission of offences or offenders;

1.11. To perform other duties and exercise other powers in making accusations against offenders in accordance with the Criminal Procedure Code.

2. Supervise judicial activities

An activity of people’s procuracies to supervise the lawfulness of acts and decisions committed or made by agencies, organizations and individuals in judicial activities.

The supervision of judicial activities shall be conducted right upon the receipt and settlement of reports and information on crimes and recommendations for prosecution and throughout the course of settlement of criminal cases; in the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and matters; in the execution of judgments and settlement of complaints and denunciations about judicial activities; and in other judicial activities in accordance with law, include:

2.1. To request agencies, organizations and individuals to conduct judicial activities in accordance with law; inspect judicial activities falling under their competence and notify inspection results to people’s procuracies; provide dossiers and documents to people’s procuracies for the later to examine the lawfulness of acts and decisions in judicial activities;

2.2. To directly supervise; verify and collect documents to clarify violations committed by agencies, organizations and individuals in judicial activities;

2.3. To handle violations; to request or recommend competent agencies, organizations and individuals to remedy and strictly handle violations in judicial activities; to recommend concerned agencies and organizations to apply measures to prevent violations and crimes;

2.4. To protest against illegal court judgments or decisions; to recommend action against illegal acts or decisions committed or made by courts; to protest against illegal acts and decisions committed or made by other competent agencies and persons in judicial activities;

2.5. To supervise the settlement of complaints and denunciations about judicial activities; to settle complaints and denunciations falling under their competence;

2.6. To perform other duties and exercise other powers in supervising judicial activities in accordance with law.

II. DUTIES OF PEOPLE’S PROCURACY

People’s procuracy have the duty to 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.