Introduction
In this article, we will explore the position, organization, and responsibilities of the Public Prosecutor’s Office in Vietnam. The Public Prosecutor’s Office is an independent state agency within the government structure, as defined by the Vietnamese Constitution. It plays a vital role in upholding the law and ensuring the proper administration of justice.
Position and Organization
The establishment of the Public Prosecutor’s Office dates back to July 26th, 1960, when President Ho Chi Minh signed Order No. 20-LCT, announcing the Law on the Organization of the People’s Procuratorate. According to the Vietnamese Constitution, the People’s Procuratorate is an independent entity within the state apparatus.
The People’s Procuratorate of the Socialist Republic of Vietnam is organized into four levels:
Supreme People’s Procuracy
This is the highest level of the People’s Procuratorate and serves as its apex governing body.
High People’s Procuracy
There are currently three High People’s Procuracies located in Hanoi, Da Nang, and Ho Chi Minh City, respectively.
Provincial and Municipal People’s Procuracies
There are 63 Provincial and Municipal People’s Procuracies operating at the provincial level.
District and City People’s Procuracies
There are 710 District and City People’s Procuracies distributed across the provinces.
Additionally, the People’s Procuratorate system includes military procuratorates, which are as follows:
Central Military Procuracy
Military Procuracies of Military Regions and Equivalent Units
Military Procuracies of Regional Commands
All levels of the People’s Procuratorate system operate under the management, guidance, and coordination of the Chief Procurator of the Supreme People’s Procuracy. The Chief Procurator of the Supreme People’s Procuracy is elected, relieved of duty, or dismissed by the National Assembly upon the recommendation of the President.
The term of office for the Chief Procurator of the Supreme People’s Procuracy corresponds to the term of the National Assembly. When the National Assembly’s term ends, the Chief Procurator of the Supreme People’s Procuracy continues to fulfill their duties until a new Chief Procurator is elected.
The appointment, removal, and resignation of Deputy Chief Procurators of the Supreme People’s Procuracy are carried out by the President based on the recommendations of the Chief Procurator of the Supreme People’s Procuracy. Deputy Chief Procurators of the Supreme People’s Procuracy carry out their duties and powers according to the assignments or delegated powers of the Chief Procurator of the Supreme People’s Procuracy, in addition to other duties and powers as prescribed by the law. They are responsible to the Chief Procurator and the law for the execution of their assigned duties and powers.
The term of office for Deputy Chief Procurators of the Supreme People’s Procuracy is five years, starting from the date of appointment.
Function and Mission
The People’s Procuratorate is an agency responsible for exercising state prosecution and supervising judicial activities in the Socialist Republic of Vietnam.
The People’s Procuratorate has the following missions:
- Safeguarding the Constitution and laws, protecting human rights, and safeguarding the socialist regime.
- Protecting the interests of the State, organizations, and individuals in accordance with the law.
- Contributing to ensuring the strict and uniform implementation of the law.
Judicial Titles in the People’s Procuratorate
The following are the judicial titles within the People’s Procuratorate:
a) Chief Procurator, Deputy Chief Procurator of the People’s Procurate, Chief Procurator of Military Procuratorates at all levels.
b) Procurators: There are four categories of Procurators within the People’s Procuratorate: Chief Procurator of the Supreme People’s Procuratorate, Senior Procurator, Intermediate Procurator, and Junior Procurator.
c) Heads and Deputy Heads of Investigative Agencies.
d) Investigators: There are three categories of Investigators within the People’s Procuratorate: Senior Investigator, Intermediate Investigator, and Junior Investigator.
e) Inspectors: There are three categories of Inspectors within the People’s Procuratorate: Senior Inspector, Principal Inspector, and Inspector.
Conclusion
In summary, the People’s Procuratorate plays a crucial role in upholding the law and ensuring the proper administration of justice in Vietnam. It is an independent state agency responsible for exercising state prosecution and supervising judicial activities. Through its work, the People’s Procuratorate safeguards the Constitution, protects human rights, and contributes to the strict and uniform enforcement of the law.
For more information on the People’s Procuratorate and its functions, please visit Kienthucykhoa.com.
