Overview of the People’s Procuracy System of Viet Nam
1. Organization of the People’s Procuracy
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 Viet Nam, the People's Procuracy is one pillar in the structure of the State apparatus.
The People's Procuracy of the Socialist Republic of Viet Nam is vertically divided into four levels, including:
- The Supreme People’s Procuracy;
- The High-level People’s Procuracy (currently there are three high-level People’s Procuracies in Hanoi, Da Nang and Ho Chi Minh City);
- The People’s Procuracies of provinces and cities under Central authority (currently, there are 63 provincial People's Procuracies);
- People’s Procuracies of districts and cities under provincial authority ( there are 710 district People’s Procuracies in 710 districts and cities under provincial authority);
Within the system of the People's Procuracy, there are Military Procuracies at different levels, including:
- The Central Military Procuracy;
- The Zone Military Procuracies and equivalent;
- The Regional Military Procuracies.
The whole system of People’s Procuracy and Military Procuracy is under management and instruction of the Supreme People’s Procuracy, headed by the Prosecutor General.
The Prosecutor General of the Supreme People’s Procuracy shall be elected, dismissed and removed from office by the Assembly at the proposal of the State of President.
The term of office of the Prosecutor General shall coincide with the term of the National Assembly. When the term of the National Assembly expires, the Prosecutor General shall continue performing his/her duties until a new Prosecutor General is elected by the National Assembly.
Deputy Prosecutors General of the Supreme People’s Procuracy shall be appointed, dismissed or removed from office by the State of President at the proposal of the Prosecutor General of the Supreme People’s Procuracy.
Deputy Prosecutors General shall perform the duties and exercise powers as assigned or authorized by the Prosecutor General and perform other duties and powers as provided by laws; be accountable to the Prosecutor General and laws for performance of their duties and powers.
The term of office of the Deputy Prosecutor General is 05 years from the date of appointment.
2. Functions and duties of the People’s Procuracy of Vietnam
The People’s Procuracy exercise the power to prosecute and supervise in law observance judicial activities of the Socialist Republic of Viet Nam.
The People’s Procuracy has the duties to uphold the Constitution and laws, to protect human rights, citizen’s rights, the socialist regime, legitimate rights of the State, legitimate rights and interests of entities, individuals, thus ensuring that the laws are consistently and strictly enforced.
3. Legal titles of the People’s Procuracy:
a) Chief Prosecutor, Deputy Chief Prosecutor of the People’s Procuracy and Military Procuracy at different levels;
b) Prosecutors: There are 4 ranks of prosecutors: Prosecutor of the Supreme People’s Procuracy; senior prosecutor; mid-level prosecutor and junior prosecutor.
c) Head and Deputy Head of the Investigation agency;
d) Investigators: There are 3 ranks of investigators: Senior investigator; mid-level investigator; junior investigator;
e) Prosecutor Assistant: There are 3 ranks of prosecutor assistant: Senior prosecutor assistant; mid-level prosecutor assistant and junior prosecutor assistant.
4. Leaders of the Supreme People's Procuracy
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General
H.E.Mr. Le Minh Tri
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Deputy Prosecutor General
H.E. Tran Cong Phan
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Deputy Prosecutor General
H.E. Bui Manh Cuong
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Deputy Prosecutor General
H.E. Nguyen Van Khanh
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Deputy Prosecutor General
H.E. Nguyen Van Quang
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Deputy Prosecutor General
H.E. Nguyen Huy Tien
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THE ORGANIZATIONAL STRUCTURE
OF THE SUPREME PEOPLE’S PROCURACY OF THE S.R.VIETNAM
THE SUPREME PEOPLE’S PROCURACY
25 DEPARTMENTS AND UNITS
OF THE SUPREME PEOPLE’S PROCURACY
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DEPARTMENT OF ADMINISTRATION AND GENERAL AFFAIRS
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DEPARTMENT OF INTERNATIONAL COOPERATION AND MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (V13)
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DEPARTMENT OF PUBLIC PROSECUTIONS AND SUPERVISION OVER THE INVESTIGATION OF NATIONAL SECURITY CRIMES (V1)
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DEPARTMENT OF LEGAL AFFAIRS (V14)
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DEPARTMENT OF PUBLIC PROSECUTIONS AND SUPERVISION OVER THE INVESTIGATION OF PUBLIC ORDER CRIMES (V2)
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PERSONNEL DEPARTMENT (V15)
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DEPARTMENT OF PUBLIC PROSECUTIONS AND SUPERVISION OVER THE INVESTIGATION OF ECONOMIC CRIMES (V3)
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DEPARTMENT OF EMULATION AND COMMENDATION (V16)
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DEPARTMENT OF PUBLIC PROSECUTIONS AND SUPERVISION OVER THE INVESTIGATION OF DRUG-RELATED CRIMES (V4)
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INVESTIGATION AGENCY
OF THE SUPREME PEOPLE’S PROCURACY (C1)
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DEPARTMENT OF PUBLIC PROSECUTIONS AND SUPERVISION OVER THE INVESTIGATION OF CORRUPTION AND POSITION - RELATED CRIMES (V5)
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DEPARTMENT OF CRIMINAL JUSTICE STATISTICS AND INFORMATION TECHNOLOGY (C2)
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DEPARTMENT OF PUBLIC PROSECUTIONS AND SUPERVISION OVER THE INVESTIGATION OF CRIME OCCURRING IN JUDICIAL SECTOR, CORRUPTION AND POSITION-RELATED CRIMES IN LAW ENFORCEMENT ACTIVITIES (V6)
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DEPARTMENT OF PLANNING AND FINANCE (C3)
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DEPARTMENT OF PUBLIC PROSECUTIONS AND SUPERVISION OVER THE CRIMINAL ADJUDICATION (V7)
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DEPARTMENT OF INSPECTION OF THE SUPREME PEOPLE’S PROCURACY (T1)
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DEPARTMENT OF SUPERVISION OVER TEMPORARY DETENTION, PRE-TRIAL DETENTION, ENFORCEMENT OF CRIMINAL JUDGMENT (V8)
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UNIVERSITY FOR PROSECUTORS IN HANOI (T2)
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DEPARTMENT OF SUPERVISION OVER THE HANDLING OF CIVIL, MARRIAGE AND FAMILY CASES (V9)
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PROSECUTORS PROFESSIONAL TRAINING SCHOOL IN HO CHI MINH CITY (T3)
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DEPARTMENT OF SUPERVISION OVER THE HANDLING OF ADMINISTRATIVE, ECONOMIC AND LABOUR CASES AND OTHER DISPUTES IN ACCORDANCE WITH THE LAW (V10)
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PROCURACY MAGAZINE (T4)
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DEPARTMENT OF SUPERVISION OVER THE ENFORCEMENT CIVIL JUDGMENTS (V11)
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NEWSPAPER OF LAW PROTECTION (T5)
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DEPARTMENT OF SUPERVISION AND HANDLING OF COMPLAINTS AND CRIME REPORT IN JUDICIAL SECTOR (V12)
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5. Badge of the People's Procuracy
LOGO OF THE PEOPLE’S PROCURACY(SPP)
BADGE FOR LEGAL TITLE BADGE FOR OTHER TITLE
SHOULDER STRIPE FOR LEGAL TITLES
PROSECUTOR GENERAL
OF THE SUPREME PEOPLE’S PROCURACY
DEPUTY PROSECUTOR GENERAL
OF THE SUPREME PEOPLE’S PROCURACY
CHIEF PROSECUTOR OF THE HIGH PEOPLE'S PROCURACY/
PROSECUTOR OF THE SUPREME PEOPLE’S PROCURACY
DEPUTY CHIEF PROSECUTOR OF THE HIGH PEOPLE’S PROCURACY/
SENIOR PROSECUTOR/ SENIOR INVESTIGATOR
CHIEF PROSECUTOR, DEPUTY CHIEF PROSECUTOR OF THE PEOPLE’S PROCURACY OF PROVINCE/
SENIOR PROSECUTOR ASSSITANT
MID-LEVEL PROSECUTOR, MID-LEVEL INVESTIGATOR /
CHIEF PROSECUTOR OF PEOPLE’S PROCURACY OF DISTRICT
DEPUTY CHIEF PROSECUTOR OF PEOPLE’S PROCURACY OF DISTRICT/
MID-LEVEL PROSECUTOR ASSISTANT
JUNIOR PROSECUTOR OR JUNIOR INVESTIGATOR
PROSECUTOR ASSISTANT
SHOULDER STRIPE FOR OTHER TITLES
DIRECTOR, DEPUTY DIRECTOR OF A DEPARTMENT UNDER THE SPP ( NOT FOR LEGAL TITLE)/
SENIOR SPECIALIST AND EQUIVALENT
MID-LEVEL SPECIALIST AND EQUIVALENT
JUNIOR SPECIALIST AND EQUIVALENT
EXPERT AND EQUIVALENT
EMPLOYEE AND EQUIVALENT