Luật Tổ chức Viện kiểm sát nhân dân sửa đổi 2025

LAW

AMENDMENTS TO LAW ON ORGANIZATION OF PEOPLE’S PROCURACIES

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

The National Assembly promulgates Law on amendments to Law on Organization of People’s Procuracies No. 63/2014/QH13.

Article 1. Amendments to Law on Organization of People’s Procuracies

1. Point c clause 3 Article 4 shall be amended as follows:

“c) Handle violations; impose administrative penalties for acts of obstructing procedural operations conducted by people’s procuracies; request or recommend competent authorities, organizations and individuals to implement remedial measures and strictly handle violations against regulations on judicial activities; recommend relevant authorities and organizations to impose measures to prevent violations and crimes;”.

2. Clause 2 Article 7 shall be amended as follows:

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3. Clause 3 Article 23 shall be amended as follows:

“3. Chief procurators of regional people’s procuracies, chief procurators of provincial people’s procuracies, chief procurators of regional military procuracies and chief procurators of military procuracies of military zones and equivalents shall settle complaints about illegal decisions on and acts of custody and temporary detention made or committed by competent authorities or persons subject to their supervision.

Chief procurators of superior procuracies may settle complaints about the settlement of complaints by chief procurators of inferior procuracies; complaint settlement decisions issued by chief procurators of superior procuracies are legally valid decisions.

4. Article 28 shall be amended as follows:

“Article 28. Duties and powers of people’s procuracies upon supervision of execution of civil and administrative judgments

1. Supervise issuance, handover, interpretation, correction and amendment to Court judgments or decisions.

2. Directly supervise judgment enforcement by civil judgment enforcement agencies, enforcers, other organizations and individuals assigned to organize enforcement of civil judgments and relevant authorities, organizations and individuals.

3. Supervise judgment execution dossiers.

4. Attend court meetings and present their viewpoints on consideration for exemption from or reduction of judgment execution obligations related to state budget remittances.

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6. Request Courts and civil judgment enforcement agencies, enforcers, other organizations and individuals assigned to organize enforcement of civil judgments, authorities, organizations and individuals involved in judgment execution:

a) Issue judgment enforcement decisions in accordance with law;

b) Execute judgments and decisions in accordance with law;

c) Conduct self-inspection of judgment execution and notify self-inspection results to people’s procuracies;

d) Provide dossiers, documents and exhibits related to judgment execution.

Requests specified at points a, b and d of this Clause must be implemented immediately; requests specified at point c of this Clause must be implemented within 30 days after receipt.

7. Recommend courts and civil judgment enforcement agencies, enforcers, other organizations and individuals assigned to organize enforcement of civil judgments, agencies, organizations and individuals to fully discharge their judgment execution responsibilities.

8. Protest against Court decisions, decisions and acts issued/committed by heads and enforcers of civil judgment enforcement agencies, other organizations and individuals assigned to organize enforcement of civil judgments in accordance with law; request suspension of judgment execution, amendment or annulment of judgment enforcement decisions containing violations or termination of violations.

9. Perform other duties and powers over supervision of execution of civil and administrative judgments in accordance with law.”.

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"Article 36. Law making

The Supreme People’s Procuracy may propose making laws, formulating and submitting bills and draft resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; preside over and cooperate with concerned agencies and organizations in, making laws; promulgate legal documents within its jurisdiction in accordance with the Law on Promulgation of legislative documents and other relevant laws.”.

6. Article 40 shall be amended as follows:

“Article 40. People’s procuracy system

1. The Supreme People’s Procuracy.

2. People’s Procuracies of cities and provinces (hereinafter referred to as “provincial People’s Procuracies”).

3. Regional People’s Procuracies.

4. Military procuracies at all levels.”.

7. Article 41 shall be amended as follows:

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1. The Supreme People’s Procuracy shall exercise the power to prosecute and supervise judicial activities, contributing to ensure strict and uniform observance of law.

2. Provincial people’s procuracies shall exercise the power to prosecute and supervise judicial activities within their provinces.

3. Regional people’s procuracies shall exercise the power to prosecute and supervise judicial activities within their territory jurisdiction.”.

8. Some points and clauses of Article 42 shall be amended as follows:

a) Point d clause 1 shall be amended as follows:

“d) Procuracies for Appellate Prosecution and Supervision; departments, institutions and equivalents;”;

b) Clause 2 shall be amended as follows:

“2. The Supreme People’s Procuracy has the Procurator General, Deputy Procurators General, procurators, examiners; head and deputy heads of the investigation authority, investigators, investigation officers; criminal experts; other civil servants, pubic employees and other employees.”.

9. Clause 2 Article 43 shall be amended as follows:

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a) Working programs and plans of the people’s procuracy sector;

b) Bills, draft ordinances and resolutions to be submitted to the National Assembly or National Assembly Standing Committee; reports to be presented by the Procurator General of the Supreme People’s Procuracy to the National Assembly, National Assembly Standing Committee or President;

c) Working apparatus of the Supreme People’s Procuracy;

d) Reports to be submitted by the Procurator General of the Supreme People’s Procuracy to the National Assembly Standing Committee on matters stated in resolutions of the Judicial Council of the Supreme People’s Court, on which the Procurator General holds different opinions; recommendations on crime prevention and combat to be submitted by the Supreme People’s Procuracy to the Prime Minister;

dd) Selection of employees of the Supreme People’s Procuracy who are qualified for sitting examinations for promotion to ranks of high-level, intermediate-level and primary- level procurators;

e) Proposals for relief from duty or dismissal of procurators of the Supreme People’s Procuracy to be submitted to the Procurator Selection Council of the Supreme People’s Procuracy for consideration.

g) Consideration and proposals for appointment, re-appointment, relief from duty or dismissal of high-level, intermediate-level and primary-level procurators who are working at the Supreme People’s Procuracy to be submitted to the Procurator General of the Supreme People’s Procuracy.”.

10. Clause 3 Article 47 shall be amended as follows:

“3.  The chief procurator of a provincial People’s Procuracy shall preside over meetings of the supervisory committee, which are held to discuss and decide the following issues:

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b) Work review reports to be submitted to superior People’s Procuracies and work report to be presented before the provincial People’s Council;

c) Selection of employees of provincial and regional People’s Procuracies who are qualified for sitting examinations for promotion to ranks of high-level, intermediate-level and primary- level procurators;

dd) Consideration and proposals for appointment, re-appointment, relief from duty or dismissal of high-level, intermediate-level and primary-level procurators who are working at provincial and regional People’s Procuracies to be submitted to the Procurator General of the Supreme People’s Procuracy.”.

11. Article 48 shall be amended as follows:

“Article 48. Organizational structure of regional People’s Procuracies

1. The organizational structure of a regional People’s Procuracy consists of an office and divisions. Regional People’s Procuracies which have no conditions for establishment of divisions may have working sections and assisting apparatuses.

2. A regional People’s Procuracy has its chief procurator, deputy chief procurators, procurators, examiners and other civil servants and other employees.”.

12. Article 49 shall be amended as follows:

“Article 49. Establishment and dissolution of People’s Procuracies

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13. Points d and dd clause 3 Article 53 shall be amended as follows:

“d) Selection of employees of the Central Military Procuracy who are qualified for sitting examinations for promotion to ranks of high-level, intermediate-level and primary- level procurators;

dd) Consideration, proposals for appointment, re-appointment, relief from duty and dismissal of high-level procurators, intermediate-level procurators and primary-level procurators who are working at the Central Military Procuracy to be submitted by the Chief Procurator of the Central Military Procuracy to the Procurator General of the Supreme People’s Procuracy.”.

14. Point c and d clause 3 Article 55 shall be amended as follows:

“c) Selection of employees of the military procuracy of the military zone or the equivalent or regional military procuracies who are qualified for sitting examinations for promotion to ranks of high-level, intermediate-level and primary- level procurators;

d) Consideration, proposals for appointment, re-appointment, relief from duty and dismissal of high-level procurators, intermediate-level procurators and primary-level procurators who are working at the military procuracy of the military zone or the equivalent or regional military procuracies to be submitted by the Chief Procurator of the Central Military Procuracy to the Procurator General of the Supreme People’s Procuracy.”.

15. Some points and clauses of Article 58 shall be amended as follows:

a) Point e shall be added after point dd clause 1 as follows:

“e) Investigation officers.”;

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“4. Conversion from the title or rank of Prosecutor to corresponding title or rank of Investigator or conversion from the title or rank of Investigator to corresponding title or rank of Prosecutor shall be only carried out when standards and conditions prescribed by law for each title are met and examination is not required. Conversion procedures shall be prescribed by the Procurator General of the Supreme People’s Procuracy.”.

16. Some clauses of Article 63 shall be amended as follows:

a) Clause 5 shall be amended as follows:

“5. Appoint, relieve from duty or dismiss high-level, intermediate-level and primary- level procurators, investigators and examiners of different ranks and investigation officers.”;

b) Clause 7 shall be amended as follows:

“7. Recommend formulation of laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee; direct formulation and submission of bills and draft ordinances and resolutions in accordance with law; request the National Assembly Standing Committee to interpret the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee.”.

17. Points a, b and c clause 2 Article 66 shall be amended as follows:

“a) Direct, administer, inspect and examine the performance of duties and implementation of working plans of provincial People’s Procuracies; decide matters related to working activities of provincial People’s Procuracies; be responsible for and report on working activities of provincial People’s Procuracies and inferior People’s Procuracies under their management to the Procurator General of the Supreme People’s Procuracy;

b) Direct, provide guidance, inspect and examine operations of regional People’s Procuracies under their management;

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18. Article 67 shall be amended as follows:

“Article 67. Chief procurators of regional People’s Procuracies

1. Chief procurators of regional People’s Procuracies shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy.

2. Chief procurators of regional People’s Procuracies have duties and powers to direct, administer and examine the performance of duties and implementation of working plans, and decide working activities of their People’s Procuracies and perform other duties and exercise other powers in accordance with law; be answerable and report on their work to chief procurators of provincial people’s procuracies.

3. The term of office of the chief procurator of a regional People’s Procuracy is 5 years from the date of appointment.

19. Article 68 shall be amended as follows:

“Article 68. Deputy chief procurators of provincial People’s Procuracies and regional People’s Procuracies

1. Deputy chief procurators of provincial and regional People’s Procuracies shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy in accordance with regulations of law.

2. Deputy chief procurators of provincial and regional People’s Procuracies shall perform their duties and exercise their powers in accordance with law and as assigned or authorized by the chief procurators of their People’s Procuracies; be answerable to the chief procurators of their People’s Procuracies and held responsible to law for the performance of their duties and exercise of their powers.

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20. Article 74 shall be amended as follows:

“Article 74. Procurators

1. Procurators are persons who are appointed in accordance with law to exercise the power to prosecute and supervise judicial activities and perform other duties and powers according to regulations in clause 2 of this Article.

2. Procurators shall perform other duties and powers as follows:

a) Request the Procurator General of the Supreme People’s Procuracy to perform duties and powers during the process of consideration of death row inmates’ petitions for commutation; perform pardon-related duties as per law;

b) Make statistics on crime and criminal cases;

c) Conduct inspections and examinations, and provide professional guidance on prosecution;

d) Conduct final review of prosecution; make and organize enforcement of laws;

dd) Perform other duties and powers as assigned or authorized by chief procurators of their People’s Procuracies according to regulations of law.”.

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 “Article 76a. Appointment of procurators

1. Jurisdiction to appoint procurators shall comply with clause 4 and clause 5 Article 63 of this Law.

2. An individual must pass an examination to be appointed as a prosecutor for the first time, except for the case specified in Article 81 of this Law.

3. The appointment of a prosecutor to a higher rank shall adhere to the following principles:

a) The appointment shall follow selection procedures; meet appointment standards applicable to each prosecutor rank; and be based on number of prosecutors and proportions of procurator ranks at Procuracies at each level as assigned and other regulations of this Law;

b) The appointment must be public, transparent and objective;

c) A prosecutor must not be appointed to a higher rank in case he/she is incurring a disciplinary penalty or is being prosecuted, investigated, proceeded or tried, or during implementation of regulations related to discipline according to the Communist Party’s regulations and State laws.

4. Selection, examination and appointment of prosecutors shall be prescribed by the Procurator General of the Supreme People’s Procuracy.”.

22. Some points and clauses of Article 78 shall be amended and annulled as follows:

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b) Clause 2 shall be amended as follows:

“2. Due to the personnel demand of a People’s Procuracy, a person who has been engaged in legal work for at least 10 years and fully meets the standards prescribed in Article 75 of this Law and at points b and c clause 1 of this Article and the condition specified in clause 2 Article 76a of this Law may be appointed as an intermediate-level procurator of the People’s Procuracy; if a person is an in-service army officer, he/she may be appointed as an intermediate -level procurator of a military procuracy.”.

23. Some points and clauses of Article 79 shall be amended and annulled as follows:

a) Point d clause 1 shall be annulled.

b) Clause 2 shall be amended as follows:

“2. Due to the personnel demand of a People’s Procuracy, a person who has been engaged in legal work for at least 15 years and fully meets the standards prescribed in Article 75 of this Law and at points b and c clause 1 of this Article and the condition specified in clause 2 Article 76a of this Law may be appointed as a high-level procurator of the People’s Procuracy; if a person is an in-service army officer, he/she may be appointed as a high-level procurator of a military procuracy.”.

24. Article 81 shall be amended as follows:

“Article 81. Appointment of procurators in special cases

In special cases, persons who are transferred by competent authorities or organizations to hold leading positions in People’s Procuracies at all levels and fully meet the standards prescribed in clauses 1, 2 and 5 Article 75 and the conditions prescribed in clause 2, Article 77 and at points b and c, clause 1, Articles 78, 79 and 80 of this Law though having not yet worked as primary- level, intermediate-level or high-level procurators or not yet been engaged in legal work for the prescribed period of time may be selected and appointed as primary-level, intermediate-level or high-level procurators of the Supreme People’s Procuracy.”.

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“Article 82. Term of office of procurator

1. The term of office of a procurator of the Supreme People’s Procuracy shall last from the appointment date until the date of retirement or reassignment.

2. The initial term of office of procurator is 5 years from the appointment date, except for the case specified in clause 1 of this Article.  The term of office of a procurator who is reappointed or appointed to a higher rank shall last until the date of retirement or reassignment.”.

26. Article 93 shall be amended as follows:

“Article 93. Total payrolls, number and proportions of procurator ranks and investigator ranks of People’s Procuracies

1. The number of procurators of the Supreme People’s Procuracy must not exceed 27.

2. The Procurator General of the Supreme People’s Procuracy shall request a competent authority to decide total payrolls of People's Procuracies and military procuracies.

3. The number of procurators and proportions of procurator ranks at People's Procuracies at each level; number of investigators and proportions of investigator ranks at the Supreme People’s Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after obtaining opinions of the Government.

4. The number of procurators and proportions of procurator ranks at military procuracies at each level; number of investigators and proportions of investigator ranks at the Central Military Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after reaching agreement with the Minister of National Defense.

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a) allocation of total payrolls and number of procurators at People’s Procuracies;

b) allocation of total payrolls and number of procurators at military procuracies after reaching agreement with the Minister of National Defense.”.

27. Article 97 shall be amended as follows:

“Article 97. Formal attires, procurator identity cards, investigator, examiner and investigation officer certificates

1. Cadres, civil servants, public employees and other employees of People’s Procuracies shall be provided with formal attires and badges; procurators shall be provided with insignia and identity cards; investigators, examiners and investigation officers shall be provided with insignia and certificates to perform their duties.

Procurators, investigators, examiners, investigation officers, other army men, civil servants, public employees and other employees of military procuracies shall be provided with formal attires according to policies applicable to the army.

2. The National Assembly Standing Committee shall prescribe the allocation and use of formal attires of the procuracy sector, badges and insignia of leaders of People’s Procuracies at all levels, procurators, investigators, examiners and investigation officers at the proposal of the Procurator General of the Supreme People’s Procuracy.

The Procurator General of the Supreme People’s Procuracy shall provide for the form, material and color of attires; the allocation and use of official attires of criminal experts, other civil servants, public employees and other employees of People’s Procuracies.

3. Procurator identity cards shall be granted and managed by the Procurator General of the Supreme People’s Procuracy. The form, size and color of procurator identity cards shall be provided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy.

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28. The phrase “phân trại thuộc trại tạm giam,” (temporary detention sub-camp of temporary detention camp) shall be added after the phrase “trực tiếp kiểm sát tại nhà tạm giữ" (direct supervision at custody house) at point a clause 22 Article 22; the phrase “Trưởng phân trại thuộc trại tạm giam,” (head of temporary detention sub-camp of temporary detention camp,) shall be added after the phrase “Trưởng nhà tạm giữ,” (head of custody house) in point c clause 2 Article 22, clause 1 Article 24.

29. The phrase “Cán bộ điều tra, Giám định viên kỹ thuật hình sự,” (investigation officers, criminal experts) shall be added after the phrase “Kiểm tra viên” (examiners) at clause 1 Article 37; the phrase “Cán bộ điều tra,” (investigation officers) shall be added after the phrase " Điều tra viên” (investigators) in clause 3 Article 52, point b clause 3 Article 60; the phrase “, Cán bộ điều tra,” (, investigation officers) shall be added after the phrase " Điều tra viên” (investigators) in point c clause 2 Article 69, clause 3 Article 92; the phrase “, Cán bộ điều tra,” (, investigation officers) shall be added after the phrase " Kiểm tra viên” (examiners) in clauses 1, 2 and 3 Article 95, clause 2 Article 96 and clause 3 Article 98.

30. The phrase “tỉnh, thành phố trực thuộc trung ương” (provinces and central-affiliated cities) shall be replaced by the phrase “tỉnh, thành phố” (provinces and cities) at point b clause 2 Article 25, point a clause 1 and clause 2 Article 60.

31. Articles 44, 45 and 65 shall be annulled.

Article 2. Effect

This Law takes effect from July 01, 2025.

This Law was passed by the 15^th National Assembly of the Socialist Republic of Vietnam, 9^th session, on June 24, 2025.

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