NATIONAL ECONOMICS UNIVERSITY

______***______***______***______

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

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

HÀ NỘI 2023
 THE PEOPLE’S PROCURACY – GROUP 3

TABLE OF CONTENTS
1. GENERAL OVERVIEW...............................................................................4
1.1. Brief History of The People’s Procuracy of Vietnam.............................4
1.2. Position of Vietnam’s People’s Procuracy..............................................4
1.3. Actual Situation of Vietnam’s People’s Procuracy.................................4
1.3.1. Supervision and enforcement of civil judgments................................4
1.3.2. Supervision and execution of criminal judgments..............................5
1.4. Chiefs of The People’s Procuracy:..........................................................5
1.4.1. The incumbent Chief of The People’s Procuracy:...............................5
1.4.2. The incumbent Vice Chief of The People’s Procuracy:......................5
2. FUNCTION:...................................................................................................6
2.1. Functions of People’s Procuracy.............................................................6
2.1.1. Exercise of Prosecutorial.....................................................................6
2.1.2. Supervise judicial activities.................................................................7
2.2. Duties of People’s Procuracy..................................................................7
3. ORGANIZATIONAL STRUCTURE............................................................8
3.1. Supreme People’s Procuracy..................................................................8
3.1.1. Function:..............................................................................................8
3.1.2. Organization Structure.........................................................................8
3.1.3. Workforce............................................................................................8
3.2. High-level People’s Procuracy................................................................9
3.2.1. Function:..............................................................................................9
3.2.2. Organization Structure.........................................................................9
3.2.3. Workforce............................................................................................9
3.3. Provincial-level People’s Procuracy.......................................................9
3.3.1. Function...............................................................................................9
3.3.2. Organizational Structure......................................................................9
3.3.3. Workforce:...........................................................................................9
3.4. District-level People’s Procuracy..........................................................10

2
 THE PEOPLE’S PROCURACY – GROUP 3

3.4.1. Function.............................................................................................10
3.4.2. Organizational Structure....................................................................10
3.4.3. Workforce:.........................................................................................10
4. COMPARISON............................................................................................10
4.1. Position:................................................................................................10
4.2. Functions:..............................................................................................11
4.3. Organizational Structure:......................................................................11
5. LEGAL DOCUMENTS/ SOURCE.............................................................11

3
 THE PEOPLE’S PROCURACY – GROUP 3

1. GENERAL OVERVIEW
1.1. Brief History of The People’s Procuracy of Vietnam
o With the success of The August Revolution in 1945. The Democratic Republic of
Vietnam was established. The judicial system of the People's Democratic State was
formed quickly. In 1946, the predecessor of the People's Procuracy, the Public
Prosecutor's Office, was established, located within the Court system, then under the
Ministry of Justice.
o After the Dien Bien Phu victory in 1954, the Geneva Accords were signed. The North
of our country was completely liberated and the work of building socialism began. In
the South, continue the struggle to liberate the South and unify the country. Faced
with the new demands of the revolution, the reform of the Prosecutor's Office and the
establishment of the People's Procuracy became an objective necessity. At the same
time, starting from the nature of the State of the people, by the people and for the
people, from the organizational principle of our State being democratic centralism, the
National Assembly is the highest state authority; learn from international experience,
especially from countries in the socialist camp at that time, and experience in
organizing the activities of the Prosecution agency in the early years of the resistance
war and national construction (the driving force was born). In 1959, President Ho Chi
Minh drafted the Constitution, which was approved by the National Assembly, laying
the legal foundation for the birth of the People's Procuracy system.
o In the 1959 Constitution, for the first time in the history of the People's Democratic
State of Vietnam, the People's Procuracy was regulated as an independent state
agency.
o On July 26th 1960, President Ho Chi Minh signed Order No. 20-LCT to issue the
Law on Organization of the People's Procuracy and this is also the date of
establishment of the People's Procuracy. According to the Constitution of the Socialist
Republic of Vietnam, the People's Procuracy is one pillar in the structure of the State
apparatus.
o The birth of the People's Procuracy is due to the nature of the state and the basic
principles of organization and operation of our State apparatus - state power is
unified, organized, and operates according to the principle of centralization. central
democratic rule

1.2. Position of Vietnam’s People’s Procuracy

o The entire system of People's Inspection of the Institute and Military Inspection at all
levels is under the management, direction, and administration of the Director of the
Supreme People's Inspection Institute.
o According to the provisions of the Vietnamese Constitution, the People's Procuracy is
a system of independent state agencies within the organizational structure of state
agencies.

1.3. Actual Situation of Vietnam’s People’s Procuracy

1.3.1. Supervision and enforcement of civil judgments

4
 THE PEOPLE’S PROCURACY – GROUP 3

o Procuracy of civil judgment enforcement is one of the tasks performing the function
of supervising judicial activities of the People's Procuracy to ensure that judgments
and decisions have come into legal effect or have not yet taken effect. But the Court's
immediate enforcement must be fully and promptly implemented in accordance with
the law; Ensuring the legitimate rights and interests of organizations, individuals, and
the State, contributing to maintaining political and social stability, enhancing the
effectiveness and efficiency of the State apparatus, especially the system of
prosecution agency.
o Performing well the work of supervising civil judgment enforcement, the People's
Procuracy has contributed significantly to promptly detecting violations to request the
Civil Judgment Enforcement Agency and relevant agencies to take action. Remedial
measures to ensure that judicial activities are carried out strictly, fairly,
democratically and objectively, limiting cases of pressing and prolonged complaints
and denunciations; enhance people's prestige and trust in law agencies.

1.3.2. Supervision and execution of criminal judgments

o Supervising custody, temporary detention and execution of criminal judgments is one
of the important tasks in the function of supervising judicial activities of the People's
Procuracy; Good implementation of this work step is to ensure that the provisions of
law on custody, temporary detention and execution of criminal judgments are strictly
and consistently observed, contributing positively to the resolution of criminal cases. ,
ensuring that effective judgments must be enforced, ensuring human rights and
citizens' rights when they are detained, held and serving criminal sentences.
o The work of supervising custody, temporary detention and execution of criminal
judgments is always closely cared for and directed by the Supreme People's Procuracy
Leader; Achieved many outstanding results: Through inspection activities, violations
and shortcomings in the implementation of custody, temporary detention, and
criminal judgment execution have been detected and prevented; The quality of
appeals and recommendations being accepted reaches a high rate; Direct supervision
activities at detention houses and detention camps are recognized as one of the
conditions to ensure the enforcement of detention and temporary detention becomes
increasingly strict and in accordance with regulations.

1.4. Chiefs of The People’s Procuracy:

o The entire system of People's Procuracy and Military Procuracy at all levels is under
the management, direction, and administration of the Chief Procurator of the Supreme
People's Procuracy.
o The Chief Procurator of the Supreme People's Procuracy is elected and dismissed by
the National Assembly at the request of the President.

1.4.1. The incumbent Chief of The People’s Procuracy:

Mr Le Minh Tri (2016-now)

1.4.2. The incumbent Vice Chief of The People’s Procuracy:

5
 THE PEOPLE’S PROCURACY – GROUP 3

o Nguyen Huy Tien (from 9/2018-now)

o Ta Quang Khai (from 10/1/2020-now), is also concurrently the Director of the Central
Military Procuracy
o Nguyen Hai Tram (from 5/6/2020-now)
o Nguyen Duy Giang (from 5/6/2020-now)
o Nguyen Quang Dung (from 19/10/2020-now)

2. FUNCTION:
2.1. 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, including:
2.1.1. 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 the
institution, investigation, prosecution, and adjudication of criminal cases, including:
o 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;
o 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
o 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
o When necessary, set investigation requirements and require investigating agencies or
agencies assigned to conduct some investigating activities to fulfil such requirements
o To request concerned agencies, organizations and individuals to provide documents to
clarify offences and offenders
o 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
o To investigate crimes of infringing upon judicial activities and corruption- and
position-related crimes in judicial activities in accordance with law
o To decide on the application of summary procedure in investigation and prosecution
o To decide on the prosecution and accusation against the accused at court hearings

6
 THE PEOPLE’S PROCURACY – GROUP 3

o To protest against court judgments or decisions in cases of injustice, wrongful

conviction or omission of offences or offenders
o To perform other duties and exercise other powers in making accusations against
offenders in accordance with the Criminal Procedure Code.

2.1.2. 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 labour 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 the law, include:
o 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
o To directly supervise; verify and collect documents to clarify violations committed by
agencies, organizations and individuals in judicial activities
o 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
o 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
o To supervise the settlement of complaints and denunciations about judicial activities;
to settle complaints and denunciations falling under their competence
o To perform other duties and exercise other powers in supervising judicial activities in
accordance with law.

2.2. Duties of People’s Procuracy

People’s procuracy has 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 the law.

7
 THE PEOPLE’S PROCURACY – GROUP 3

3. ORGANIZATIONAL STRUCTURE
The People's Procuracy of the Socialist Republic of Viet Nam is vertically divided into four
levels, including:

o The Supreme People's Procuracy.

o The Senior People's Procuracy (currently there are 3 Senior People's Procuracies in
Hanoi, Da Nang and Ho Chi Minh City).
o The People’s Procuracies of provinces and cities under Central authority (there are
currently 63 provincial-level People's Procuracy).
o People’s Procuracies of districts and cities under provincial authority (there are
currently 710 district-level procuracies in 710 districts, towns and cities of the
province).

Within the system of the People's Procuracy, there are Military Procuracies at different levels,
including:

o The Central Military Procuracy;

o The Zone Military Procuracies and equivalent.
o The Regional Military Procuracies.

3.1. Supreme People’s Procuracy

3.1.1. Function:
o Prosecuting and Supervising Judicial Activities.
o Ensuring that the law is strictly and uniformly observed.
o 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.

3.1.2. Organization Structure

o The Committee of Procuracy
o Office
o Investigating agencies;
o Departments, institutes and equivalents;
o Training and retraining institutions, press agencies and other public non-business
units;
o The Central Military Procuracy.

3.1.3. Workforce
o The head of the Supreme People’s Procuracy
o Deputy heads of the Supreme People’s Procuracy
o Procurators and Inspectors

8
 THE PEOPLE’S PROCURACY – GROUP 3

o Investigators
o The head and deputy head of the Investigate Agency
o Other staff

3.2. High-level People’s Procuracy

3.2.1. Function:
o Prosecuting and supervising judicial activities for cases and cases under the
jurisdiction of the High People's Court.
o 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.
o Perform other duties and exercise other powers as prescribed by law and under the
direction of the Director of the Senior People's Procuracy.

3.2.2. Organization Structure

o The Committee of Procuracy
o Office
o Departments and equivalents.

3.2.3. Workforce
o The head of the High-level People’s Procuracy
o Deputy heads of the High-level People’s Procuracy
o Procurators and Inspectors
o Other staff

3.3. Provincial-level People’s Procuracy

3.3.1. Function
o Command, control, inspect, and keep track of the completion of the mission, and
working plans of the Province-level People’s Procuracy.
o Taking responsibility and reporting to the Head of the High-level People’s Procuracy.
o 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.
o Command, instruct, inspect, and govern the operation of the District-level People
Procuracies under their jurisdiction.
o Completing other missions and rights under the permission of the law.

3.3.2. Organizational Structure

o The Committee of the People’s Procuracy.
o Offices.

9
 THE PEOPLE’S PROCURACY – GROUP 3

o Departments and Equivalents.

3.3.3. Workforce:
o The head of the Province-level People's Procuracy.
o The deputy head of the Province-level People’s Procuracy.
o Prosecutors.
o Inspectors.
o Other staff.

3.4. District-level People’s Procuracy

3.4.1. Function
o 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.
o Taking responsibility and reporting to the Head of the Province-level People’s
Procuracy.
o 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.
o Report to the People’s Assembly, answering inquiries, demands, requests of the
delegate of the People’s Assembly according to the law.

3.4.2. Organizational Structure

o Offices.
o Departments and Equivalents.

3.4.3. Workforce:
o The head of the District-level People's Procuracy.
o The deputy head of the DIstrict-level People’s Procuracy.
o Prosecutors.
o Inspectors.
o Other staff.

4. COMPARISON
The position of the procuracy in Korea and Vietnam, as well as their functions and
organizational structures, differ to some extent. The Supreme Prosecutor’s Office in Korea is
a separate organization from the Ministry of Justice, while the Supreme People's Procuracy of
Vietnam operates under the guidance of the government.

4.1. Position:

10
 THE PEOPLE’S PROCURACY – GROUP 3

○ Korea: In Korea, the position equivalent to the procuracy is the Supreme Prosecutors'
Office (SPO). It operates under the Ministry of Justice and is responsible for
conducting criminal investigations, prosecuting offenders, and collaborating with other
prosecutors' offices.
○ Vietnam: In Vietnam, the highest agency responsible for public prosecution and legal
supervision is the Procuracy, working under the Socialist Republic of Vietnam. It acts
as the representative of the state in criminal proceedings and safeguards the interests of
the state, society, and the legitimate rights and interests of citizens.

4.2. Functions:
○ Korea: The functions of the procuracy in Korea (SPO) include criminal investigations
(investigate crimes, initiate and maintain indictment), prosecution of offenders, legal
advice (File a warrant to court), supervision of criminal investigations (supervise and
command judicial police officers regarding crime investigation), public interest
representation, crime prevention and policy development (Implement lawsuits on
behalf of the nation and administrative lawsuits or supervise the implementation of the
lawsuits; Implement other authority under other laws), and international cooperation
(Supervise and command enforcement of given sentences). Korean Prosecutors
investigate crimes related to position, violation of judicial activities by civil servants of
the procuracy, court, and execution of judgments
○ Vietnam: The functions of the procuracy in Vietnam include public prosecution, legal
supervision, safeguarding state interests, safeguarding social order, protecting citizens'
rights, and ensuring the rule of law.

4.3. Organizational Structure:

○ Korea: The organizational structure of the procuracy in Korea consists of the Supreme
Prosecutors' Office (SPO), the High Prosecutors' Office, and the District Prosecutors'
Office. These offices operate under the Ministry of Justice and work in conjunction
with the Supreme Court of Korea. (3 main levels of procuracy)
○ Vietnam: The organizational structure of the procuracy in Vietnam consists of the
People's Procuracy System, which includes the Supreme People's Procuracy, the High
People's Procuracy, People's Procuracy of central-affiliated (provincial-level) people's
procuracy, People's Procuracy of rural districts, urban districts, towns, provincial
cities, and the equivalent (district-level people's procuracy), and Military Procuracies
at different levels. (4 main levels of people’s procuracy and 3 levels of military
procuracy)

5. LEGAL DOCUMENTS/ SOURCE

1. General overview:
https://vks.angiang.gov.vn/su-ra-doi-cua-vien-kiem-sat-nhan-dan-viet-nam/
https://vksnd.gialai.gov.vn/Nghien-cuu-Trao-doi/thuc-trang-va-giai-phap-nang-cao-chat-
luong-cong-tac-kiem-sat-thi-hanh-an-dan-su-1754.html

11
 THE PEOPLE’S PROCURACY – GROUP 3

https://vksndtc.gov.vn/gioi-thieu/Pages/vien-kiem-sat-nd-toi-cao.aspx
https://vksnd.gialai.gov.vn/Nghien-cuu-Trao-doi/thuc-trang-va-giai-phap-nang-cao-chat-
luong-cong-tac-kiem-sat-thi-hanh-an-dan-su-1754.html

2. Function:
http://hankuklawfirm.com/en/functions-and-duties-of-peoples-procuracy-of-vietnam-2/?
fbclid=IwAR3o_3ELZr_TYoiZXfCYxbcOEyh45b84ZOUEAuvW6M6Z_rCchfPebSEzNRY

https://chinhphu.vn/default.aspx?pageid=27160&docid=178132

https://lawnet.vn/judgment/en/tin-tuc/the-people%E2%80%99s-procuracy-system-of-
vietnam-7467

“Law on organization of People’s Procuracies No. 63/2014/QH13”

3. Organizational structure:

https://vksndtc.gov.vn/en/Pages/gioi-thieu.aspx?ItemID=1&fbclid=IwAR0L3G-
tTsRIhRyYQlF_RC6IRFDgDsiP0Qu4Ha9Iq4_vloIuq_yKid7Ec9o

3.1. Supreme level:

https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Luat-To-chuc-Vien-kiem-sat-nhan-
dan-2014-259723.aspx
(Điều 31, Điều 41, Điều 42, Điều 44, Điều 45 Luật Tổ chức Viện kiểm sát nhân dân 2014)

3.2. Superior level:

https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Luat-To-chuc-Vien-kiem-sat-nhan-
dan-2014-259723.aspx
(Điều 31, Điều 41, Điều 42, Điều 44, Điều 45 Luật Tổ chức Viện kiểm sát nhân dân 2014)

3.3. Province level:

https://thuvienphapluat.vn/hoi-dap-phap-luat/839BF93-hd-co-cau-to-chuc-cua-vien-kiem-sat-
nhan-dan-cap-huyen-gom-co-nhung-don-vi-nao-lanh-dao-vien-kiem-sat-.html
https://thuvienphapluat.vn/phap-luat/vien-kiem-sat-nhan-dan-cap-tinh-co-co-cau-to-chuc-
nhu-the-nao-theo-quy-dinh-cua-phap-luat-hien-nay-317141-90618.html
(Điều 48 Luật Tổ chức Viện kiểm sát nhân dân 2014, Điều 58 Luật Tổ chức Viện kiểm sát
nhân dân 2014)

3.4. District level:

https://thuvienphapluat.vn/hoi-dap-phap-luat/839BF93-hd-co-cau-to-chuc-cua-vien-kiem-sat-
nhan-dan-cap-huyen-gom-co-nhung-don-vi-nao-lanh-dao-vien-kiem-sat-.html
https://thuvienphapluat.vn/phap-luat/vien-kiem-sat-nhan-dan-cap-tinh-co-co-cau-to-chuc-
nhu-the-nao-theo-quy-dinh-cua-phap-luat-hien-nay-317141-90618.html
(Điều 48 Luật Tổ chức Viện kiểm sát nhân dân 2014, Điều 58 Luật Tổ chức Viện kiểm sát
nhân dân 2014)

12
 THE PEOPLE’S PROCURACY – GROUP 3

4. Comparison:
https://www.spo.go.kr/site/eng/01/10103010000002018120605.jsp

13