NATIONAL ECONOMICS UNIVERSITY

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FUNDAMENTAL OF LAW
TOPIC: LEGAL STATUS OF THE PEOPLE’S PROCURACY

PRESENTATION Q&A

CLASS: BFI 65B – GROUP 3

LECTURER: TRẦN THỊ HỒNG NHUNG

GROUP:
Nguyễn Thị Ngọc Phương-11231129 Nguyễn Thanh Bình-11231044
Lương Thu Trang-11231143 Dương Ngọc Thùy Linh-11231090
Trần Minh Khang-11231083 Nguyễn Khánh Duy-11231052
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1. GENERAL OVERVIEW
1.1. Why is 1946 written as the founding year in slide 2, while the historical milestone
is 1960? Based on the 1959 Constitution, on July 15, 1960, at the First Session of
the Second National Assembly, the People's Procuracy Organization Law
consisting of 6 chapters and 25 articles, which stipulates the functions, tasks,
powers, and organizational structure of the People's Procuracy, was passed.
Please explain why you included this information and where the information
came from. Has it been verified?

First, please let me correct a bit. On the slide I mentioned the year 1946, The
Public Prosecutor's Office, which was the predecessor of the procuracy, not the
year the procuracy was established. On the next slide, I recorded 1946 as the
official year that the resolution to establish the procuracy was born (Order No.
20-LCT announcing the Law on Organization of the People's Procuracy).
Second, about the source
https://vks.angiang.gov.vn/su-ra-doi-cua-vien-kiem-sat-nhan-dan-viet-nam/ (which is
an official source)

1.2. The slide 1.2: detail about 1st time…?

For the first time, the Procuracy was separated into an independent agency (both in
terms of functions and tasks), and separate from the prosecution agency. Previously,
the predecessor of the procuracy was the prosecutor's office, which performed both
the tasks of the court and the prosecutor's office.

1.3. What institution is in charge of supervising The People's Procuracy judgment?

Or does It supervise itself independently? Higher Level peoples procuracy
and/or Peoples assembly
Supervise the activities of the People's Procuracy: The main subject exercising
supreme supervision is the National Assembly (The National Assembly here is
understood as all National Assembly Delegates at National Assembly sessions)
(stipulated in Article 10 of the Law on Organization of the People's Procuracy 2014 as
follows:
Supervise the activities of the People's Procuracy
The National Assembly, agencies of the National Assembly, National Assembly
deputies, National Assembly delegations, People's Councils, People's Council
delegates, Vietnam Fatherland Front Committee and member organizations of the
Front Supervise the activities of the People's Procuracy according to the provisions of
law.)

(https://quochoi.vn/tintuc/Pages/tin-hoat-dong-cua-quoc-hoi.aspx?
ItemID=78248#:~:text=V%E1%BB%81%20ch%E1%BB%A7%20th%E1%BB
%83%20th%E1%BB%B1c%20hi%E1%BB%87n,t%E1%BB%91i%20cao%20l
%C3%A0%20Qu%E1%BB%91c%20h%E1%BB%99i.)

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https://thuvienphapluat.vn/phap-luat/vien-kiem-sat-nhan-dan-do-ai-lanh-dao-co-quan-
nao-giam-sat-hoat-dong-cua-vien-kiem-sat-nhan-dan-734960-124314.html)

1.4. Who observes the implementation process of the Ministries, the National
Assembly of The People's Procuracy? Because pp tend to have a
misunderstanding in this section (Same content as question 3)
→ The National Assembly

1.5. Who has the power to nominate and dismiss the Deputy Chief Judge and judges
at the Chief Judge's request? (this question is related to the topic: The people’s
court, but I will consider the question asking about the appointment and removal
of the powers (dismiss) of the chief/vice chief of the procuracy)
The Chief Procurator of the Supreme People's Procuracy is elected, dismissed,
and dismissed by the National Assembly at the request of the President (which I
mentioned in the slide); Subject to the supervision of the National Assembly, is
responsible and reporting work to the National Assembly.
(https://luatminhkhue.vn/vien-truong-vien-kiem-sat-nhan-dan-toi-cao-la-gi---quy-
dinh-ve-vien-truong-vksnd-toi-cao.aspx )

1.6. Liệu chính phủ nhà nước có quyền chi phối vksnd hay không?
→ No, The government only coordinates with the procuracy
(https://baochinhphu.vn/12-noi-dung-phoi-hop-giua-chinh-phu-tandtc-va-vksndtc-
10232484.htm)
The procuracy operates based on the principle of concentration and unification
of leadership in the industry. This principle originates from the principle of
democratic centralism and aims to ensure the uniformity of legislation.

Local state agencies, on the one hand, belong to the Government or the managing
Ministry, and on the other hand, belong to the local People's Council or People's
Committee. This principle is called the principle of bidirectional dependence.

The People's Procuracy in our country is not organized and operates according to the
principle of two-way dependence mentioned above, but according to the principle of
centralization and unification of leadership in the industry.

According to this principle, the People's Procuracy is led by the Procurator. The
Chief Procurator of the People's Procuracy at lower levels is under the
leadership of the Chief Procurator of the People's Procuracy at the higher level.
The Chief Procurators of the People's Procuracy at localities and the Chief
Procurators of the Military Procuracy at all levels are under the unified leadership of
the Chief Procurator of the Supreme People's Procuracy (Article 109 of the 2013
Constitution and Article 8 of the Law on Organization of the Procuracy). People's
Murder in 2002). The Director, Deputy Director, Procurator of the People's Procuracy

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of localities, Deputy Director of the Military Procuracy of military zones and regions,
and Investigators of the People's Procuracy are all headed by the Procurator of the
Procuracy. Highly appointed, dismissed and dismissed by the People's Procuracy
(Article 9 of the Law on Organization of the People's Procuracy 2002).

Thus, all People's Procuracy from top to bottom form a unified system. All activities
of the People's Procuracy, no matter what level, are under the leadership of the
Procurator. The Chief Procurator of the People's Procuracy must be personally
responsible for all activities of the Procuracy under his leadership before the Chief
Procurator of the Supreme People's Procuracy. The Chief Procurator of the
Supreme People's Procuracy is personally responsible for the activities of the
entire procuracy before the National Assembly, the National Assembly Standing
Committee, and the President.
https://hpu.vn/ksv-can-biet/14-nhung-nguyen-tac-co-ban-trong-to-chuc-va-hoat-dong-
cua-vien-kiem-sat-nhan-dan-9184.html

1.7. Khi nào VKSND phải bị theo dõi bởi cơ quan khác (supervised by other state
agencies)? ex: the pp committee (you can refer to the answer to the questions 1.4,
1.5, 1.6)
The Procuracy is always subject to parliamentary supervision (the national
assembly) and coordinates with other state agencies.

1.8. Tác động của VKSND đến bên khác / the relationship between the pp and the
government (big question as the teacher has already explained in class)

2. FUNCTIONS
2.1. Compare the function of people's procuracies and people court People’s
procuracy: prosecute, supervise, because the Court has some same functions.
- Vietnam Procuracy:
The Vietnam Procuracy, also known as the Supreme People's Procuracy, serves as the
prosecutorial authority in Vietnam. Its main function is to act as the prosecutor before the
People's Courts, representing the state in criminal cases. It is responsible for initiating public
prosecutions and ensuring the uniform implementation of the law. The Procuracy supervises
the rule of all organs of the state, ministries, governmental departments, local departments,
and individuals. It plays a role in protecting the Socialist legislation, the Socialist regime, and
the interests of the state, the collective, and the citizens.
- Vietnam Court System:
The court system in Vietnam comprises the people's courts and people's procuracies. The
highest court in Vietnam is the Supreme People's Court, which acts as the final appellate
court in the country. The court system is responsible for adjudicating civil, criminal, and
administrative cases, ensuring justice is upheld and the law is applied fairly.

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2.2. Does the People's Procuracy have any role in participating in developing and
implementing legal policies? If so, what is their method of participation?

- Yes, the People's Procuracy plays a significant role in participating in the

development and implementation of legal policies in Vietnam.
- Method of participation:
● Legal Expertise and Advice: The Peoples Procuracy offers guidance and counsel to
bodies, ministries, and agencies responsible, for making laws. They meticulously
examine draft laws and legal documents identifying any inconsistencies or loopholes
in the framework and provide recommendations for improvement.
● Formal Opinions and Feedback: The Peoples Procuracy formally expresses its
opinions and comments on proposed legislation to bodies and drafting committees.
These opinions delve into principles, and constitutionality as the potential impact of
the proposed laws on the operations of the Peoples Procuracy.
● Direct Participation in Drafting Teams: Representatives, from the Peoples Procuracy
are actively involved in drafting teams contributing their expertise and perspectives
towards developing laws and regulations. This active participation ensures that the
concerns and priorities of the People's Procuracy are taken into account in the text of
the law.
● Supervision of Legal Implementation: The People's Procuracy diligently monitors
how legal policies are implemented throughout the country to ensure compliance with
them and address any emerging issues. They conduct inspections investigate
complaints and take actions to ensure effective enforcement of laws.
● Proactive Legal Research and Analysis: The People's Procuracy proactively conducts
research and analysis to identify emerging challenges. They propose solutions to
address these challenges effectively.

2.3. How/when to implement those functions?

When to implement the functions:
- Prosecution: Prosecution occurs when law enforcement agents believe there are
enough grounds for a suspect to have committed an offence. A prosecutor
subsequently formally charges the accused, and the case takes an introductory stage
before proceeding to a trial and passing a verdict.
- Supervision, on the other hand, maybe implemented at various points in the criminal
justice process, including:
● Pre-trial supervision: Ensure that the defendant appears in court and also prevent
him/her from committing more offences.
● Post-trial supervision: For the purposes of promoting rehabilitation, reducing
recidivism and ensuring successful societal integration.
● Conditional release: A supportive reintegration program for assisting in adherence to
release conditions, provision of post-release services, and monitoring reintegration
progress.
● Judicial supervision: To ensure adherence to court orders, avoid future violence and
harm, and respect the rights of other people.

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● Administrative supervision: Carry out monitoring, examinations, grievances, and

punishment.
How to implement the functions:
- Prosecution Function:
● Investigation: Upon receiving a report or complaint alleging a criminal offence, the
People's Procuracy conducts a preliminary investigation to gather evidence and assess
the validity of the allegations.
● Start of Prosecution: The People's Procuracy issues an indictment, formally accusing
the accused of the crime, if the preliminary inquiry finds enough evidence to support a
prosecution.
● Pre-Trial Preparation: To ensure that all evidence is appropriately gathered and
examined, the People's Procuracy collaborates closely with the investigative agency in
the lead-up to the trial.
● Trial Representation: The People's Procuracy makes arguments for the prosecution,
presents evidence, and cross-examines witnesses during the trial.
● Post-Trial Review: The People's Procuracy evaluates the court's ruling following the
trial and has the option to file an appeal if it believes the conviction or punishment to
be unfair.
- Supervision functions :
● General Supervision: To guarantee that the law is being followed, the People's
Procuracy keeps a close eye on the operations of courts, government agencies, and
other organizations.
● Case-Based Supervision: The People's Procuracy launches focused investigations to
confirm the claims after receiving complaints or spotting possible infractions.
● Protests and Recommendations: In the event that infractions are discovered, the
People's Procuracy files protests with the appropriate authorities, requesting that they
take remedial action. It might also suggest disciplinary actions or legal action in
specific circumstances.
● Monitoring Corrective Actions: To make sure that the found infractions are fixed, the
People's Procuracy monitors the implementation of its suggestions and protests.
● Annual Reports: Every year, The People's Procuracy compiles a report that highlights
the most important conclusions from its supervision efforts. Both the public and
higher authorities receive these reports

- The People's Procuracy's implementation of its functions is guided by a set of

principles, including:
● Legality: All actions must be based on the law and adhere to legal procedures.
● Objectivity: Decisions must be impartial and free from bias or influence.
● Effectiveness: Actions must be effective in achieving the intended purpose of
upholding the law and protecting citizens' rights.
● Accountability: The People's Procuracy is accountable for its actions to higher
authorities and the public.

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→ As for the timing, the People's Procuracy carries out its functions at different stages of the
legal process. It begins its work during the investigation phase and continues until the final
judgment is executed. The specific implementation of the People's Procuracy's functions may
vary depending on the legal system and jurisdiction.

2.4. The main differences between the two main functions?

- Objectives:
Prosecution: The role of criminal law is to punish criminals and seek recompense in order to
establish order and prevent future criminal offences.
Supervision: This includes but is not limited to promoting the observance of laws,
regulations, and conditions for compliance; curtailing unlawful behaviour in order to prevent
further offences; and, most importantly, protecting the general public from harm.
- Roles in the Criminal Justice System:
Prosecution: Prosecuting cases for the State in court.
Supervision: Checks on people or organizations to ensure they abide by the law.
- Relationship between Prosecution and Supervision:
Prosecution: Supervision information could be used in prosecution.
Supervision: The results of prosecution can significantly affect supervision practices. For
example: probation or community work.

2.5. Mention deeper in the exercise of prosecution? How they link to each other and
link to the supervise
The exercise of prosecution is an activity of the People’s procuracy in criminal procedure to
make the State’s accusation against offenders.
The 11 points that we have shown in the presentation are actually the deeper parts which
illustrate how the People’s procuracy carries out the exercise of prosecution:
1. To request the institution of criminal cases; to cancel illegal decisions on the 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;
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
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
4. When necessary, set investigation requirements and require investigating agencies or
agencies assigned to conduct some investigating activities to fulfil such requirements
5. To request concerned agencies, organizations and individuals to provide documents to
clarify offences and offenders
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

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7. To investigate crimes of infringing upon judicial activities and corruption and position-
related crimes in judicial activities in accordance with law
8. To decide on the application of summary procedure in investigation and prosecution
9. To decide on the prosecution and accusation against the accused at court hearings
10. To protest against court judgments or decisions in cases of injustice, wrongful
conviction or omission of offences or offenders
11. To perform other duties and exercise other powers in making accusations against
offenders in accordance with the Criminal Procedure Code.

How the exercise of prosecution link to each other:

- These powers work together to give prosecutors a great deal of discretion in how they
handle law cases which also act as a reminder for prosecutors to exercise their
discretion responsibly and in a way that is fair to both the accused and the public.

How prosecution and supervision link to each other:

- Prosecution and supervision are two interconnected aspects of the criminal justice
system, each serving distinct functions, yet working together to uphold the law and
protect public safety. The prosecution brings charges against offenders, seeking
justice and appropriate punishment, while supervision monitors individuals to deter
future offences and promote rehabilitation. Effective coordination between these
agencies is crucial for maximizing their effectiveness and ensuring fairness and
respect for individual rights.
- The relationship between prosecution and supervision is evident in several aspects of
the criminal justice system. For instance, prosecutors often rely on information
gathered during supervision activities to inform their decisions regarding charging or
pursuing criminal proceedings. Conversely, supervision practices may be influenced
by the outcomes of prosecution, such as the imposition of probation or community
service requirements.

2.6. Duties: explain why contributing to ensuring the state and law...(slide 2.2)
The People's Procuracy plays a crucial role in ensuring the strict and unified observance of
the law in Vietnam by exercising its prosecutorial and supervisory powers. Here's a detailed
explanation of how the People's Procuracy contributes to this objective :
- Prosecution of Offences: The People's Procuracy is responsible for investigating and
prosecuting individuals and entities that violate the law. By bringing such cases to the
courts, the People's Procuracy holds offenders accountable for their actions and serves
as a deterrent to potential lawbreakers.
- Supervision of Judicial Activities: The People's Procuracy supervises the activities of
the People's Courts to ensure that they adhere to the law and uphold the rights of
defendants and victims. This supervision helps prevent judicial overreach and ensures
that the legal system operates fairly and impartially.
- Protection of Citizens' Rights: The People's Procuracy protects the rights and interests
of citizens by intervening in cases where these rights have been violated. This
includes instances of administrative misconduct, violations of labour laws, and
environmental infringements.
- Promoting Legal Awareness: The People's Procuracy actively promotes legal
awareness among the public through various educational campaigns and initiatives.

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This helps citizens understand their rights and responsibilities under the law, fostering
a culture of respect for the law.
- Enhancing Legal Stability: The People's Procuracy's consistent enforcement of the
law contributes to a stable and predictable legal environment. This, in turn, promotes
economic growth and social development.
→ In summary, the People's Procuracy's prosecutorial and supervisory powers, coupled with
its commitment to protecting citizens' rights and promoting legal awareness, make it a vital
institution in ensuring the strict and unified observance of the law in Vietnam.

3. STRUCTURE
3.1. More details about the FUNCTION of 4 levels
→ We have compiled and displayed the functions of every level, while some functions may
be repeated there’s not much we can do about it and to make sure the watchers understand we
decided to add it in anyway even if it was said prior.

3.1.1. Supreme level:

- Prosecuting and Supervising Judicial Activities.
- Ensuring that the law is strictly and uniformly observed.
- Assuming the prime responsibility and coordinating with the Supreme People's Court,
the Ministry of Public Security, the Ministry of National Defense and the Ministry of
Justice in reporting to the National Assembly on the settlement of complaints and
denunciations in judicial activities.
- Report of the Director of the Supreme People's Procuracy to the National Assembly
Standing Committee on the opinions of the Director who disagrees with the resolution
of the Council of Judges of the Supreme People's Court; recommendations of the
Supreme People's Procuracy on crime prevention and fighting to the Prime Minister;
- Selection of persons currently working at the Supreme People's Procuracy who are
eligible to compete for the ranks of senior procurators, intermediate procurators and
primary procurators;
- Requesting the Procuratorial Selection Council of the Supreme People's Procuracy to
select and consider the dismissal or dismissal of Procurators of the Supreme People's
Procuracy.
- Considering and requesting the Director of the Supreme People's Procuracy to
reappoint, dismiss or dismiss senior procurators, intermediate procurators and junior
procurators working at the Supreme People's Procuracy.
- At the request of the Director of the Supreme People's Procuracy, the Procuracy
Committee shall discuss and comment on complex criminal cases, administrative
cases, civil cases, marriage and family, business, trade and labour for the Director to
consider and decide.

3.1.2. High level:

- Prosecuting and supervising judicial activities for cases and cases under the
jurisdiction of the High People's Court.

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- Directing, guiding and inspecting the exercise of prosecutorial power, examination

and trial of criminal cases, supervising the settlement of administrative cases, civil
cases, marriage and family, business, commerce, labour and other matters as
prescribed by the law of the provincial-level People's Procuracy, District-level
People's Procuracies shall comply with the professional regulations of the People's
Procuracy.
- Perform other duties and exercise other powers as prescribed by law and under the
direction of the Director of the Senior People's Procuracy.
- Discussing and deciding the following important issues:
● The implementation of programs, work plans, directives, circulars and
decisions of the Supreme People's Procuracy;
● A report summarizing the work of the high-level people's procuracy;
● To recruit persons working at high-level people's procuracies who are eligible
to compete for the ranks of senior procurators, intermediate procurators and
primary procurators;
● To consider and request the Director of the Supreme People's Procuracy to
reappoint, dismiss or dismiss senior procurators, intermediate procurators and
junior procurators working at the high-level people's procuracy.
- The Procuracy Committee discusses and gives opinions on complex criminal cases,
administrative cases, civil cases, marriage and family, business, trade and labour for
the Director to consider and decide.

3.1.3. Provincial level:

- Command, control, inspect, and keep track of the completion of the mission, and
working plans of the Province-level People’s Procuracy.
- Taking responsibility and reporting to the Head of the High-level People’s Procuracy.
- Report the use of the right to prosecute and supervision of the proceedings of trials by
the District-level and Province-level People’s Procuracy to the Head of the High-level
People’s Procuracy.
- Command, instruct, inspect, and govern the operation of the District-level People
Procuracies under their jurisdiction.
- Completing other missions and rights under the permission of the law.

3.1.4. District level:

- Command, control and inspect the proceedings of the progress of the mission,
working plans, making decisions on the working of their level People’s Procuracy and
follow the mission along with other rules and limitations of the law.
- Taking responsibility and reporting to the Head of the Province-level People’s
Procuracy.
- Report the progress of the usage of the right to prosecute and inspection of
prosecution to the Head of High-level People’s Procuracy when asked to.
- Report to the People’s Assembly, answering inquiries, demands, and requests of the
delegate of the People’s Assembly according to the law.

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4. COMPARISON
4.1. What is the point of comparing? What message do you want us to learn by
stating their differences?
The Vietnam Supreme People's Procuracy and the Korea Prosecutor General's Office
both play significant roles in the legal systems of their respective countries. It is
important to note that each country has its own unique legal framework, cultural
context, and political system that may influence the structure and functions of their
respective prosecutor offices. We compare with Korea due to the popularity of the
Korean Prosecution system, and we want to point out another system that is
completely different from Vietnam to see how important is the role of Vietnam
procuracy. Besides, the Prosecutor's Office in Korea is very popular, so its source is
easy to find. That’s why we chose Korea to compare with Vietnam.
4.2. The reasons why choosing procuracy in Korea and Vietnam when there are
many countries also different?
Our team only chose Korea to compare because of the limited time we had to make an
outline and a presentation in class.
4.3. What are the legal documents?
In outline and presentation 5. SOURCE

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