Law Amending and Supplementing Certain Articles of the People's Public Prosecutor Organization Law NUMBER 82/2025/QH15

 

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES

OF THE LAW ON THE ORGANIZATION OF THE PEOPLE'S PROSECUTORIUM

 

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates this Law to amend and supplement certain articles of the Law on the Organization of the People's Prosecutorium No. 63/2014/QH13.

Article 1. Amending and supplementing certain articles of the Law on the Organization of the People's Prosecutorium

1. Amending and supplementing Point c Clause 3 Article 4 as follows:

"c) Handling violations; imposing administrative penalties for acts obstructing the activities of the People's Prosecutorium; requesting and recommending competent authorities to remedy and strictly handle violations of law in judicial activities; recommending relevant authorities to apply preventive measures against violations of law and crimes;"

2. Amending and supplementing Clause 2 Article 7 as follows:

"2. At the Supreme People's Prosecutorium, Provincial People's Prosecutoriums, City People's Prosecutoriums, Central Military Region People's Prosecutoriums, and equivalent institutions, establish a Supervisory Committee to discuss and decide by majority on important issues, provide opinions on cases and matters before the Procurator decides according to Articles 43, 47, 53, and 55 of this Law."

3. Amending and supplementing Clause 3 Article 23 as follows:

"3. The Procurator of Regional People's Prosecutoriums, Procurator of Provincial People's Prosecutoriums, Procurator of Regional Military People's Prosecutoriums, Procurator of Military Region People's Prosecutoriums, and equivalent institutions shall resolve complaints regarding decisions and actions contrary to the law in the temporary detention and arrest of persons within their supervisory responsibility.

The Procurator of the superior People's Prosecutorium with authority shall resolve complaints about the resolution of complaints by the Procurator of the subordinate People's Prosecutorium; the decision of the Procurator of the superior People's Prosecutorium is a legally binding decision."

4. Amending and supplementing Article 28 as follows:

"Article 28. Tasks and powers of the People's Prosecutorium when supervising civil enforcement and administrative enforcement

1. Supervising the issuance, transfer, interpretation, amendment, and supplementation of court judgments and decisions.

2. Directly supervising the enforcement of civil judgments by civil enforcement agencies, Enforcement Officers, other organizations and individuals entrusted with organizing civil enforcement, and related organizations and individuals.

3. Supervising files on enforcement.

4. Participating in meetings and expressing the views of the People's Prosecutorium on the examination of exemption and reduction of civil enforcement obligations concerning payments to the state budget.

5. Supervising the activities of organizations and individuals related to enforcement.

6. Requesting the Court, civil enforcement agencies, Enforcement Officers, other organizations and individuals entrusted with organizing civil enforcement, and related organizations and individuals to perform the following tasks:

a) Issuing enforcement decisions in accordance with the law;

b) Enforcing judgments and decisions in accordance with the law;

c) Self-inspecting enforcement and reporting the results to the People's Prosecutorium;

d) Providing files, documents, and evidence related to enforcement. Requests under points a, b, and d of this clause must be carried out immediately; the request under point c of this clause must be carried out within thirty days from the date of receipt of the request.

7. Recommending the Court, civil enforcement agencies, Enforcement Officers, other organizations and individuals entrusted with organizing civil enforcement, and related organizations and individuals to fully fulfill their responsibilities in enforcement.

8. Objecting to the decisions of the Court, decisions, and actions of the heads of civil enforcement agencies, other organizations and individuals entrusted with organizing civil enforcement, in accordance with the law; requesting the cessation, recovery, amendment, supplementation, or revocation of decisions that violate the law in enforcement, and stopping illegal actions.

9. Performing other tasks and powers in supervising civil enforcement and administrative enforcement in accordance with the law."

5. Amending and supplementing Article 36 as follows:

"Article 36. Legislative Work

The Supreme People's Procuracy has the right to propose legislative tasks, propose the drafting, submit draft laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; take the lead and coordinate with relevant agencies and organizations in legislative work; issue legal documents within its authority according to the Law on Issuing Legal Normative Documents and other related legal provisions."

6. Amend and supplement Article 40 as follows:

"Article 40. System of People's Procuracies

1. The Supreme People's Procuracy.

2. The People's Procuracy of provinces and centrally-run cities (hereinafter referred to as the Provincial People's Procuracy).

3. The People's Procuracy of regions.

4. Military People's Procuracies at all levels."

7. Amend and supplement Article 41 as follows:

"Article 41. Tasks and Authorities of People's Procuracies at All Levels

1. The Supreme People's Procuracy exercises public prosecution rights, supervises judicial activities, contributing to ensuring that laws are strictly and uniformly enforced.

2. The Provincial People's Procuracy exercises public prosecution rights, supervises judicial activities within its jurisdiction.

3. The Regional People's Procuracy exercises public prosecution rights, supervises judicial activities within its territorial jurisdiction."

8. Amend and supplement some points and clauses of Article 42 as follows:

a) Amend and supplement point d clause 1 as follows:

"d) The Procuracies and Courts of Appeal for Criminal Cases; other bureaus, departments, and equivalent institutions;"

b) Amend and supplement Clause 2 as follows:

"2. The Supreme People's Procuracy shall have a Procurator General, Deputy Procurators General, Prosecutors, Inspectors; Heads, Deputy Heads of Investigation Departments, Investigators, Investigative Officers; Forensic Technical Experts; other civil servants, staff members, and other employees."

9. Amend and supplement clause 2 of Article 43 as follows:

"2. The Supervisory Committee of the Supreme People's Procuracy convenes meetings chaired by the Procurator General to discuss and decide on the following important matters:

a) Programs and plans of work of the People's Procuracy;

b) Draft laws, ordinances, and resolutions submitted to the National Assembly and the Standing Committee of the National Assembly; reports of the Procurator General of the Supreme People's Procuracy submitted to the National Assembly, the Standing Committee of the National Assembly, and the President;

c) The organizational structure of the Supreme People's Procuracy;

d) Reports of the Procurator General of the Supreme People's Procuracy submitted to the Standing Committee of the National Assembly regarding opinions of the Procurator General that do not agree with the resolutions of the Supreme People's Court Council; recommendations of the Supreme People's Procuracy on anti-crime efforts sent to the Prime Minister;

đ) Recruitment of personnel working at the Supreme People's Procuracy who meet the conditions to apply for senior, intermediate, or junior prosecutor positions;

e) Proposals to the Selection Council of the Supreme People's Procuracy for selection and consideration of the dismissal or removal from office of Supreme People's Procuracy prosecutors;

g) Reviewing and proposing to the Procurator General of the Supreme People's Procuracy to appoint, reappoint, dismiss, or remove from office senior, intermediate, or junior prosecutors working at the Supreme People's Procuracy."

10. Amend and supplement clause 3 of Article 47 as follows:

"3. The Supervisory Committee of the Provincial People's Procuracy convenes meetings chaired by the Procurator to discuss and decide on the following matters:

a) Implementation of programs, plans of work, directives, circulars, and decisions of the Supreme People's Procuracy;

b) Summary reports of work to the higher-level People's Procuracy, reports of work before the same-level People's Council;

c) Recruitment of personnel working at the Provincial People's Procuracy and Regional People's Procuracy who meet the conditions to apply for senior, intermediate, or junior prosecutor positions;

d) Reviewing and proposing to the Procurator General of the Supreme People's Procuracy to appoint, reappoint, dismiss, or remove from office senior, intermediate, or junior prosecutors working at the Provincial People's Procuracy and Regional People's Procuracy."

11. Amend and supplement Article 48 as follows:

"Article 48. Organizational structure of the People's Procuracy in the region

1. The organizational apparatus of the People's Procuracy in the region includes offices and departments; in places where conditions for establishing departments have not been met, there will be working units and auxiliary staff.

2. The People's Procuracy in the region has a Procurator, Deputy Procurators, Prosecutors, Inspectors, other civil servants, and other workers.

12. Amend and supplement Article 49 as follows:

"Article 49. Establishment and Dissolution of the People's Procuracy

Based on the proposal of the Procurator of the Supreme People's Procuracy, the Standing Committee of the National Assembly decides to establish and dissolve the People's Procuracy at the provincial level and the People's Procuracy in the region; it also defines the territorial jurisdiction of the People's Procuracy in the region.

13. Amend and supplement points d and đ of Clause 3, Article 53 as follows:

"d) Examine and recruit personnel currently working at the Central Military Procuracy who meet the conditions to take the examination for the position of Senior Prosecutor, Intermediate Prosecutor, or Junior Prosecutor;

đ) Review and propose the Procurator of the Central Military Procuracy to submit to the Procurator of the Supreme People's Procuracy for the appointment, reappointment, dismissal, or removal from office of Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors currently working at the Central Military Procuracy."

14. Amend and supplement points c and d of Clause 3, Article 55 as follows:

"c) Examine and recruit personnel currently working at the Military Procuracy of the Military Region and equivalent institutions, and the Military Procuracy in the region who meet the conditions to take the examination for the position of Senior Prosecutor, Intermediate Prosecutor, or Junior Prosecutor;

d) Review and propose the Procurator of the Central Military Procuracy to submit to the Procurator of the Supreme People's Procuracy for the appointment, reappointment, dismissal, or removal from office of Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors currently working at the Military Procuracy of the Military Region and equivalent institutions, and the Military Procuracy in the region."

15. Amend and supplement some points and clauses of Article 58 as follows:

a) Add point e after point đ of Clause 1 as follows:

"e) Investigative officers;"

b) Add Clause 4 after Clause 3 as follows:

"4. The conversion of the title and rank of Prosecutor to the corresponding title and rank of Investigator, or vice versa, shall be carried out when meeting the standards and conditions stipulated by law for each position and without having to take an examination. The procedures for conversion shall be regulated by the Procurator of the Supreme People's Procuracy."

16. Amend and supplement some clauses of Article 63 as follows:

a) Amending and supplementing Clause 5 as follows:

"5. Appointment, dismissal, and removal from office of Senior Prosecutors, Intermediate Prosecutors, Junior Prosecutors, Investigators of various ranks, Inspectors of various ranks, and Investigative Officers;"

b) Amend and supplement Clause 7 as follows:

"7. Proposing the drafting of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; directing the drafting and submission of draft laws, ordinances, and resolutions according to the provisions of the law; proposing the Standing Committee of the National Assembly to interpret the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly."

17. Amend and supplement points a, b, and c of Clause 2, Article 66 as follows:

"a) Directing, managing, inspecting, and supervising the implementation of tasks and work plans of the People's Procuracy at the provincial level; deciding issues related to the work of the People's Procuracy at the provincial level; being responsible and reporting on the work of the People's Procuracy at the provincial level and subordinate levels to the Procurator of the Supreme People's Procuracy;

b) Directing, guiding, inspecting, and supervising the activities of the People's Procuracy in the region under its jurisdiction;

c) Reporting to the Provincial People's Council about the work of the People's Procuracy at the provincial level and subordinate levels; responding to questions, proposals, and requests of representatives of the same-level People's Council."

18. Amend and supplement Article 67 as follows:

"Article 67. President of the People's Procuracy at the Regional Level

1. The President of the People's Procuracy at the Regional Level shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Procuracy.

2. The President of the People's Procuracy at the Regional Level shall have the duties and powers to direct, manage, inspect the performance of tasks, work plans, decide on issues related to the work of their own level People's Procuracy, and perform other duties and powers as prescribed by law; they shall be responsible and report their work to the President of the People's Procuracy at the provincial level.

3. The term of office of the President of the People's Procuracy at the Regional Level is five years, starting from the date of appointment.

19. Amend and supplement Article 68 as follows:

"Article 68. Deputy Presidents of the People's Procuracy at the Provincial Level and Regional Level

1. Deputy Presidents of the People's Procuracy at the Provincial Level and Regional Level shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Procuracy in accordance with the provisions of law.

2. Deputy Presidents of the People's Procuracy at the Provincial Level and Regional Level shall perform their duties and powers as prescribed by law, according to the division of labor or delegation of their own level People's Procuracy President; they shall be responsible for the performance of their duties and powers before their own level People's Procuracy President and before the law.

3. The term of office of Deputy Presidents of the People's Procuracy at the Provincial Level and Regional Level is five years, starting from the date of appointment.

20. Amend and supplement Article 74 as follows:

"Article 74. Prosecutor

1. A Prosecutor is a person appointed in accordance with the provisions of law to perform the function of exercising public prosecution rights, supervising judicial activities, and other duties and powers as stipulated in Clause 2 of this Article.

2. Other duties and powers of the Prosecutor include:

a) Proposing the President of the Supreme People's Procuracy to perform duties and powers in handling applications for amnesty for those sentenced to death; performing duties in the special amnesty process in accordance with the provisions of law;

b) Statistics on crimes and criminal statistics;

c) Inspecting, supervising, and guiding prosecution business;

d) Summarizing practical experiences in prosecution business; building and organizing the implementation of laws;

đ) Other duties and powers as assigned or delegated by the President of the People's Procuracy and as prescribed by law.

21. Supplement Article 76a after Article 76 as follows:

"Article 76a. Appointment of Prosecutors

1. The authority to appoint Prosecutors shall be implemented in accordance with Clause 4 and Clause 5 of Article 63 of this Law.

2. The first appointment of a Prosecutor must be through a competitive examination, except in cases provided for in Article 81 of this Law.

3. The appointment of a Prosecutor to a higher rank must ensure the following principles:

a) Implemented through a selection process; ensuring the appointment criteria for each rank of Prosecutor; based on the number of Prosecutors, the structure ratio of each rank of Prosecutor at each level of People's Procuracy assigned, and other provisions of this Law;

b) Ensuring transparency, fairness, and objectivity;

c) Not considering the appointment of a Prosecutor to a higher rank for those who are within the period of disciplinary action, during the investigation, prosecution, trial period, or during the implementation of regulations related to discipline as prescribed by the Party and state law.

4. The selection, competitive examination, and appointment of Prosecutors shall be regulated by the President of the Supreme People's Procuracy.

22. Amend, supplement, and abolish some points and clauses of Article 78 as follows:

a) Abolish point d clause 1;

b) Amend and supplement Clause 2 as follows:

"2. In case of the need for cadres of the People's Procuracy, a person who has worked in legal affairs for ten years or more, meeting the criteria prescribed in Article 75 of this Law, point b and point c clause 1 of this Article, and the conditions prescribed in clause 2 of Article 76a of this Law may be appointed as a mid-level Prosecutor of the People's Procuracy; if they are active military officers, they may be appointed as a mid-level Prosecutor of the Military People's Procuracy."

23. Amend, supplement, and abolish some points and clauses of Article 79 as follows:

a) Abolish point d clause 1;

b) Amend and supplement Clause 2 as follows:

"2. In case of the need for cadres of the People's Procuracy, a person who has worked in legal affairs for fifteen years or more, meeting the criteria prescribed in Article 75 of this Law, point b and point c clause 1 of this Article, and the conditions prescribed in clause 2 of Article 76a of this Law may be appointed as a senior Prosecutor of the People's Procuracy; if they are active military officers, they may be appointed as a senior Prosecutor of the Military People's Procuracy."

24. Amend and supplement Article 81 as follows:

"Article 81. Appointment of Prosecutors in Special Cases

In special cases, persons assigned to work as leaders of People's Procuracy at all levels by competent authorities, although they have not yet completed the required time as Junior Prosecutor, Intermediate Prosecutor, Senior Prosecutor, or have not yet completed the required time working in legal affairs, but meet the criteria specified in Clauses 1, 2, and 5 of Article 75 and the conditions specified in Clause 2 of Article 77, Points b and c of Clause 1 of Articles 78, 79, and 80 of this Law, may also be selected and appointed as Junior Prosecutor, Intermediate Prosecutor, Senior Prosecutor, and Prosecutor of the Supreme People's Procuracy.

25. Amend and supplement Article 82 as follows:

"Article 82. Term of Office of Prosecutors

1. The term of office of Prosecutors of the Supreme People's Procuracy shall be calculated from the date of appointment until retirement or transfer to other positions.

2. The initial term of office for newly appointed Prosecutors is five years, starting from the date of appointment, except in the case provided for in Clause 1 of this Article. Prosecutors reappointed or promoted to higher ranks shall serve until retirement or transfer to other positions.

26. Amend and supplement Article 93 as follows:

"Article 93. Total Establishment, Number, and Ratio Structure of Ranks of Prosecutors and Investigators of the People's Procuracy

1. The number of Prosecutors of the Supreme People's Procuracy shall not exceed twenty-seven.

2. The total establishment of the People's Procuracy and Military Procuracy shall be decided by the competent authority upon the proposal of the Chief Prosecutor of the Supreme People's Procuracy.

3. The number of Prosecutors and the ratio structure of each rank of Prosecutors at each level of the People's Procuracy; the number of Investigators and the ratio structure of each rank of Investigators of the Supreme People's Procuracy shall be decided by the Standing Committee of the National Assembly based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy after consulting with the Government.

4. The number of Prosecutors and the ratio structure of each rank of Prosecutors at each level of the Military Procuracy; the number of Investigators and the ratio structure of each rank of Investigators of the Central Military Procuracy shall be decided by the Standing Committee of the National Assembly based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy after reaching agreement with the Minister of Defense.

5. Based on the total establishment, the number of Prosecutors, and the ratio structure of each rank of Prosecutors allocated to each level of the Procuracy, the Chief Prosecutor of the Supreme People's Procuracy shall decide:

a) Allocation of establishment and number of Prosecutors of the People's Procuracy;

b) Allocation of establishment and number of Prosecutors of the Military Procuracy after reaching agreement with the Minister of Defense.

27. Amend and supplement Article 97 as follows:

"Article 97. Uniforms, Identity Cards of Prosecutors, Certificates of Investigators, Inspectors, and Investigating Officers

1. Staff, civil servants, officials, and other employees of the People's Procuracy shall be issued uniforms and insignia; Prosecutors shall be issued badges and identity cards; Investigators, Inspectors, and Investigating Officers shall be issued badges and certificates to perform their duties.

Prosecutors, Investigators, Inspectors, Investigating Officers, other military personnel, civil servants, officials, and other employees of the Military Procuracy shall be issued uniforms according to the regulations of the military.

2. The Standing Committee of the National Assembly shall stipulate the issuance and usage regulations for uniforms, insignia, and badges of leaders of the People's Procuracy at all levels, Prosecutors, Investigators, Inspectors, and Investigating Officers based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy.

The Chief Prosecutor of the Supreme People's Procuracy shall stipulate the form, material, and color of uniforms; the issuance and usage regulations for uniforms for Forensic Technical Investigators and other civil servants, officials, and employees of the People's Procuracy.

3. The identity card of Prosecutors shall be issued and managed by the Chief Prosecutor of the Supreme People's Procuracy. The form, size, and color of the identity card of Prosecutors shall be stipulated by the Standing Committee of the National Assembly based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy.

4. The certificate of Investigators, Inspectors, and Investigating Officers shall be stipulated, issued, and managed by the Chief Prosecutor of the Supreme People's Procuracy.

28. Add the phrase "sub-camp under temporary detention center," after the phrase "directly supervise at temporary holding facility," in Point a Clause 2 Article 22; "Head of sub-camp under temporary detention center," after the phrase "Head of temporary holding facility," in Point c Clause 2 Article 22, Clause 1 Article 24.

29. Add the phrase "Investigating Officer, Forensic Technical Investigator," after the phrase "Inspector," in Clause 1 Article 37; "Investigating Officer," after the phrase "Investigator," in Clause 3 Article 52, Point b Clause 3 Article 60; ", Investigating Officer" after the phrase "Investigator" in Point c Clause 2 Article 69, Clause 3 Article 92; ", Investigating Officer" after the phrase "Inspector" in Clauses 1, 2, 3 Article 95, Clause 2 Article 96 and Clause 3 Article 98.

30. Replace the phrase "province, centrally governed city" with the phrase "province, city" in Point b Clause 2 Article 25, Point a Clause 1 and Clause 2 Article 60.

31. Repeal Articles 44, 45, and 65.

Article 2. Effective Date

This Law shall take effect from July 1, 2025.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th Session, the 9th Meeting on June 24, 2025.