Submit to the National Assembly the model of 3-level People's Procuracy

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien presents the Report - Photo: VGP/Nhat Bac

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien emphasized that the amendment and supplementation of the provisions of the Law on Organization of the People's Procuracy in 2014 aims to streamline and rearrange the People's Procuracy apparatus from a 4-level model to a 3-level model according to the requirements of the Resolution and Conclusion of the Central Executive Committee, the Politburo , and the Secretariat on streamlining the apparatus, improving the effectiveness and efficiency in the organization and operation of the People's Procuracy at all levels.

Amending some contents of the Law on Organization of the People's Procuracy 2014 to ensure the consistency and unity of the legal system. Accordingly, adding the titles of Investigation Officer and Criminal Technical Expert to synchronize with the Law on Organization of Criminal Investigation Agencies 2015 (amended and supplemented in 2021), Law on Judicial Expertise 2012 (amended and supplemented in 2018, 2020).

At the same time, supplement the tasks and powers of the People's Procuracy regarding administrative sanctions for acts of obstructing litigation activities to ensure consistency and unity in the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.

Amend and supplement regulations on the ranks of Prosecutors, appointment of Prosecutors, standards for appointment of Prosecutors, Chief Prosecutors, Senior Prosecutors, appointment of Prosecutors in special cases, term of office of Prosecutors, Procurator Selection Council, etc. to ensure consistency and unity with the draft Law on Cadres and Civil Servants (amended), Law on Organization of People's Courts;... to ensure the right progress and roadmap according to the conclusion of the Politburo and the requirements of the National Assembly .

Amend and supplement the provisions on the authority to decide on the total payroll in Article 93 to ensure compliance with Resolution No. 70-QD/TW dated July 18, 2022 of the Politburo on payroll management of the political system; at the same time, amend the maximum number of Supreme People's Procuracy Prosecutors from 19 to 27 to ensure human resources to perform the tasks of prosecution and trial supervision of the activities of the Supreme People's Court Judicial Council.

The National Assembly listened to the presentation of the Proposal and the report on the examination of the draft Law amending and supplementing a number of articles of the Law on Organization of the People's Procuracy.

It is necessary to clearly define the duties and powers of the Prosecutor.

Presenting the inspection report, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung said that the Committee agreed with the necessity of amending and supplementing a number of articles of the Law on Organization of the People's Procuracy in order to promptly institutionalize the Party's resolutions and conclusions.

The Committee approved the provisions of the draft Law on the system of People's Procuracies consisting of 3 levels (Supreme People's Procuracy, Provincial People's Procuracy, Regional People's Procuracy); ending the activities of the High People's Procuracy and District People's Procuracy.

However, according to the Law and Justice Committee of the National Assembly, along with amending regulations related to the arrangement and streamlining of the apparatus of the People's Procuracy, after the 44th session of the Standing Committee of the National Assembly giving opinions on the draft Law, the drafting agency has completed the draft Law in the direction of expanding the scope, amending some major contents related to the regime. The prosecutor did not explain clearly the political and practical basis for the proposed amendment, only stating the reason to be consistent with the Law on Organization of People's Courts (PC), while the functions, tasks, organizational principles and operations of the PC and PC are different.

It is noteworthy that many resolutions and conclusions of the Party in recent times related to the selection, appointment and tenure of judicial positions have not been mentioned in the Report.

The Committee recommends that the drafting agency closely follow the provisions of the Law on Promulgation of Legal Documents on the basis for law-making according to shortened procedures; carefully consider expanding the scope of amendments in the context of the urgent time for law-making, without conditions to widely collect opinions, and carefully assess the impact of new contents proposed for amendments and supplements.

Regarding the duties and powers of the person appointed as a Prosecutor (Clause 18, Article 1), the draft Law supplements the provisions that Prosecutors are appointed to perform other duties and powers (in addition to the current prosecution and inspection duties).

The Committee basically agrees with the above provision and finds that this content is consistent with the Law on Organization of People's Courts issued in 2024, and has also added a provision that Judges are appointed to perform other duties and powers (in addition to trial duties).

However, to ensure strictness and transparency, and to avoid the appointment of judicial positions to perform administrative tasks, the Law on Organization of People's Courts also specifically stipulates the duties and powers of Judges of the Supreme People's Court (in Article 91) and the duties and powers of Judges of the People's Court (in Article 93). Therefore, it is proposed to supplement and specifically stipulate the duties and powers of the Prosecutors of the Supreme People's Procuracy and other Prosecutor ranks similar to the provisions of the Law on Organization of People's Courts 2024.

Regarding the addition of the number of Supreme People's Procuracy Prosecutors, the Committee recognizes that this is an important issue, related to the Party's policy that Supreme People's Procuracy Prosecutors are cadres under the management of the Secretariat, so when amending the Law on Organization of the People's Procuracy in 2014, it also reported to request opinions from competent authorities on the number of Supreme People's Procuracy Prosecutors. Therefore, it is requested that the drafting agency carry out the procedure for requesting opinions from competent authorities in accordance with regulations.

Thu Giang

Source: https://baochinhphu.vn/trinh-quoc-hoi-mo-hinh-vien-kiem-sat-nhan-dan-3-cap-102250508100053631.htm