Continuing the 9th session, the XV National Assembly, on the morning of 8.5, Mr. Nguyen Huy Tien - Director of the Supreme People's Procuracy presented the Bill's Bill to amend and supplement a number of articles of the Law on Organization of the People's Procuracy (VKSND).
The draft law consists of 2 articles with the content of amending and supplementing 39 articles, adding new articles, and abolishing 3 articles related to the High People's Procuracy. The law takes effect from July 1, 2025.
In particular, supplementing regulations on the duties and powers of the People's Procuracy in administrative sanctions for acts of obstruction of proceedings in Clause 3, Article 4 to ensure consistency and compliance with the provisions on the authority of the People's Procuracy in the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.
In addition, amending and supplementing Clause 2, Article 7, Clause 3, Article 23, Article 40, Article 41, Clause 3, Article 47, Article 48, Article 49, Clause 2, Article 66, Article 67 and 68; abolish Articles 44, 45 and 65 to perform streamlining, rearranging the VKSND apparatus from a 4 -level model to 3 levels at the request of the Resolution, conclusions of the Central Executive Committee, the Politburo, the Secretariat on arranging, streamlining the organizational structure, improving the effectiveness and efficiency in the organization and operation of the People's Procuracy at all levels;
Amending and supplementing the regulations on procurators' ranks, appointment of procurators, criteria for appointment of procurators, main procurators, senior procurators, appointment of procurators in special cases, terms of procurators, examination councils in Article 43, 74, 77, 78, 79, 81, 81, 82, 87; Supplementing a new art (76A) on appointment of procurators to ensure unity and synchronization with the provisions of the Law on Organization of the People's Court and the Draft Law on cadres and civil servants (amended);
At the same time, amend the maximum number of People's Procuracy prosecutors from 19 to 27 to ensure human resources to perform the task of prosecuting and supervising the trial of the activities of the Supreme People's Court's Judicial Council.
Presenting the report of the Law on the Law amending and supplementing a number of articles of the Law on Organization of the People's Procuracy, Mr. Hoang Thanh Tung - Chairman of the National Assembly's Legal and Judicial Committee, said that the Committee approved the need to amend and supplement 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 law file has been fully required to submit to the National Assembly for consideration and decision according to the order and procedures.
The Committee also approved the provisions of the draft Law on the system of People's Procuracy including 3 levels (S ultimate People's Procuracy, Provincial People's Procuracy, Regional People's Procuracy); end the operation of the High-level People's Procuracy and District People's Procuracy.
Regarding the duties and powers of those appointed as prosecutors, the Law and Justice Committee proposes to supplement and specify the duties and powers of the Supreme People's Procuracy Prosecutors and other ranks of prosecutors similar to those prescribed in the Law on Organization of the People's Court in 2024.
Regarding the Examiner recruitment exam (Clauses 20, 21, 22 and 23, Article 1), the draft law removes current regulations on the exam for promoting the rank of Examiner.
Most of the opinions in the Legal and Judicial Committee agreed on the draft law. However, the procurator's rank promotion is an important issue, related to security resources and the requirements of control of power in cadre work, thus proposing to supplement the Regulation on the Standing Committee of the National Assembly stipulating the promotion of procurators (similar to the Law on Organization of the People's Court in 2024 also assigned the National Assembly Standing Committee to stipulate the raising of judges).
Regarding the supplementation of the number of VKSNDTC Procurators (Clause 27, Article 1), the Committee found that this is an important issue, related to the Party's guidelines, the Supreme People's Procuracy Procurator is the officer of the Secretariat, so previously when he was amended the Law on Organization of the People's Procuracy in 2014, he also reported to the number of competent People's Procurats. Therefore, the agency is requested to assume the prime responsibility for drafting procedures to consult competent authorities in accordance with regulations.
