On the morning of June 24, with 407/423 delegates participating in the vote, the National Assembly passed a Resolution on piloting the People's Procuracy (VKSND) to file a civil lawsuit to protect the civil rights of vulnerable groups or protect public interests.
This Resolution takes effect from January 1, 2026 and will be implemented for 3 years in the following provinces and cities: Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh and Dak Lak.
The Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien said that in terms of implementation principles and cases of lawsuits filed by the People's Procuracy, according to the provisions of the Civil Procedure Code, the protection of public interests and civil rights of vulnerable groups through civil lawsuits is the responsibility of agencies, organizations and individuals.
However, in practice, agencies, organizations and individuals have not implemented effectively, leading to State interests, public interests, and the legitimate rights and interests of vulnerable groups not being protected; there are very few lawsuits that these agencies have carried out.
Therefore, the People's Procuracy has reported and has been allowed by competent authorities to pilot the mechanism: The People's Procuracy shall file a civil lawsuit in cases of violations that cause damage to the civil rights of entities in vulnerable groups or public interests.
According to the Resolution passed, in cases where information is received from sources, the People's Procuracy conducts inspections, verification and determination of violations that cause damage to the civil rights of vulnerable groups or public interests.
After notifying the relevant subjects and making recommendations to the agencies, organizations and individuals with the right and responsibility to file a lawsuit but no one has filed a lawsuit, the People's Procuracy will file a lawsuit.
In the process of resolving cases and incidents, the People's Procuracy discovers violations that cause damage to the civil rights of subjects in vulnerable groups or public interests but cannot be resolved in the same case or incident. After notifying the relevant subjects, making recommendations to the agency, organization, or individual with the right and responsibility to file a lawsuit but without a plaintiff, the People's Procuracy will file a lawsuit.
Regarding the authority to file a civil lawsuit in public interest cases, the law stipulates that the People's Procuracy of the area corresponds to the district court with the authority to try according to the first instance procedure of the public interest civil case with the right to file a lawsuit in the case.
In case of complicated cases, with great damage or occurring in many areas or with foreign factors or when considered necessary, the provincial People's Procuracy can file a lawsuit or conduct an inspection, verification, collection of documents and evidence, then assign the People's Procuracy of the area to file a lawsuit.
The Resolution stipulates that vulnerable groups include: Children; the elderly; people with disabilities; pregnant women or women raising children under 36 months old; people with difficulty in perception, mastering behavior and people with loss of civil act capacity; ethnic minorities residing in areas with particularly difficult socio-economic conditions.
At the same time, it stipulates public interests including public interests and State interests in the fields of: public investment; land, resources, other public assets; ecological environment; cultural heritage; food safety, pharmaceuticals; consumer protection.
