III.

Function and duties

A. Function.
The People's Procuracy is responsible for overseeing and prosecuting cases related to the
Socialist Republic of Vietnam's judicial compliance.
1. Exercise of prosecutorial.

An activity of people’s procuracy in criminal procedure to make the State’s accusation against
offenders.
Upon the settlement of reports and information about crimes and suggestions for prosecution,
as well as during the institution, investigation, prosecution, and adjudication of criminal
cases, the prosecutor's exercise of authority shall be exercised. These include:
- To directly institute criminal cases and initiate criminal proceedings against the accused in
the cases specified by the Criminal Procedure Code; to request the institution of criminal
cases; to revoke unlawful decisions regarding the institution or non-institution of criminal
cases; to approve or disapprove decisions regarding the initiation of criminal proceedings
against the accused made by investigating agencies or agencies assigned to conduct some
investigating activities;
- To determine whether to apply, modify, or repeal laws that restrict citizens' or human rights
when it comes to the filing of reports and information about crimes, suggestions for
prosecution, and the filing of charges, conducting an investigation, and initiating legal action
in compliance with the Criminal Procedure Code;
- To reverse further unlawful procedural decisions made in the settlement of crime reports,
information, and prosecution recommendations, as well as in the charging and investigation
by investigating agencies or agencies tasked with carrying out specific investigative tasks;
- To establish criteria for investigations and mandate that organizations tasked with
conducting investigations or agencies conducting investigations themselves meet these
requirements when justified;
- To make requests for documentation from relevant agencies, groups, and people in order to
shed light on offenses and suspects;
-Investigating actions to establish grounds for charging offenders; immediately settling
reports, information, and suggestions regarding crimes;
-To conduct legal investigations into crimes pertaining to the interference with judicial
operations, including those involving corruption and positions;
-To determine whether summary procedure will be used for the investigation and prosecution;
-To protest against judicial rulings or verdicts in cases of unfairness, erroneous convictions, or
the exclusion of crimes or perpetrators
-To carry out duties and other authorities while filing charges against violators in compliance
with the Criminal Procedure Code.
2. Supervise judicial activities.
An activity of people’s procuracy 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:
-To demand that agencies, groups, and individuals carry out judicial operations in compliance
with the law; to investigate judicial operations that come within their purview and to report
the findings of those inspections to people's procuracies; Give people's procuracies dossiers
and records so they can subsequently review the legality of the actions and rulings made
during judicial proceedings;
-Direct supervision; confirmation and documentation gathering to shed light on infractions
committed by entities, groups, and individuals in the course of legal proceedings;
-To deal with infractions; to ask or suggest that appropriate entities, groups, and people take
appropriate action to address and rigorously manage infractions in legal proceedings; to
suggest that relevant entities and organizations implement preventative measures to avoid
infractions and crimes;
-To protest against unlawful court rulings or decisions; to advocate for action against
unlawful acts or decisions rendered by courts; to express disapproval of unlawful acts and
decisions rendered by other qualified organizations and individuals involved in the legal
system;
-Supervise the resolution of grievances and accusations concerning judicial actions; resolve
grievances and accusations that fall under their purview;
- To carry out tasks and authority in the legal supervision of judicial operations.
http://hankuklawfirm.com/en/functions-and-duties-of-peoples-procuracy-of-vietnam-2/
B. Duties.

In order to ensure that the laws are consistently and firmly enforced, the People's Procuracy is
tasked with upholding the Constitution and laws, protecting human rights, citizen rights, the
socialist regime, legitimate rights of the State, legitimate rights and interests of entities, and
persons.
As prescribed in Article 8 of the Law on Organization of People’s Procuracies in 2014
stipulating coordination responsibility of people’s procuracies in Vietnam as follows:
-Within the ambit of their functions and duties, people’s procuracies shall coordinate with
public security agencies, courts, judgment enforcement agencies, inspection agencies, audit
agencies, other state agencies, and the Central Committee and member organizations of the
Vietnam Fatherland Front in effectively preventing and fighting crimes; promptly and strictly
handling crimes and violations in judicial activities; conducting law dissemination and
education; formulating legal documents; conducting training an
https://vksndtc.gov.vn/en/Pages/documents.aspx?ItemID=228
IV. Authorities
The People's Procuracy is the only agency assigned the function of exercising prosecutorial
power. The exercise of prosecutorial power only takes place in two stages of criminal
proceedings: the investigation stage of criminal cases and the trial stage of criminal cases.
Prosecution activities are carried out right from the initiation of criminal cases and throughout
the criminal proceedings to ensure that criminals and offenders are not overlooked, and that
innocent people are not unjustly wronged.

According to the provisions of Article 13 of the 2014 Law on Organization of the People's
Procuracy, when exercising prosecutorial power during the investigation phase, to sumary,
the People's Procuracy has the following tasks and powers:

1. Initiate criminal proceedings and prosecute the accused; Request the investigation agency
to prosecute or change the decision to prosecute a criminal case or prosecute the accused;

2. Suggest an investigation request and request an investigation agency to conduct an

investigation; Directly conduct a number of investigation activities according to the
provisions of law;

3. Request the Head of the investigation agency to change the Investigator according to the
provisions of law; If the Investigator's actions show signs of crime, criminal prosecution will
be initiated;

4. Decide to apply, change or cancel arrest, detention, temporary detention and other
preventive measures, approve or disapprove decisions of investigation agencies according to
the provisions of law;

5. Cancel illegal decisions of the investigation agency;

6. Decide on the prosecution of the accused; decide to suspend or suspend the investigation,
suspend or temporarily suspend the case.

According to the 2013 Constitution and the 2014 Law on Organization of the People's
Procuracy, the People's Procuracy has authority in the following specific activities:

1. The work of supervising and investigating criminal cases, including activities of

supervising compliance with the law in investigative activities of investigative agencies and
other agencies assigned to conduct a number of investigation activities.
2. Supervise the trial of criminal cases, including the following activities: Supervise
compliance with the law in the trial activities of the People's Court; Supervise compliance
with the law by those participating in the proceedings; Supervise judgments and decisions of
the People's Court according to the provisions of law; Request the People's Court at the same
level and lower levels to transfer criminal case files to consider and decide on appeals.

3. Supervise the Court's resolution of civil, marriage and family, economic, labor,
administrative cases and other matters according to the provisions of law.

4. Supervising judgment enforcement, including the following activities: Supervising

compliance with the law of the People's Courts, judgment enforcement agencies, enforcers,
agencies, organizations, units and individuals with related to the execution of criminal and
civil judgments and decisions that have come into legal effect and those judgments and
decisions are immediately executed in accordance with the provisions of law.

5. Supervise custody, temporary detention, management and education of people serving

prison sentences, including activities to supervise compliance with the law of agencies, units
and people responsible for temporary detention. detain, temporarily detain, manage and
educate people serving prison sentences.

https://hpu.vn/ksv-can-biet/13-chuc-nang-nhiem-vu-quyen-han-cua-vien-kiem-sat-nhan-dan-
9183.html
https://vksndtc.gov.vn/en/Pages/documents.aspx?ItemID=228
Luật tổ chức Viện kiểm sát Nhân dân 2014
Luật Hiến pháp 2013