In the afternoon of May 19, the National Assembly listened to the report and verification report of the National Assembly's Resolution on the pilot of the People's Procuracy (VKSND) to sue the civil case to protect the civil rights of the entities as vulnerable groups or protect public interests.
Presenting the report, Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien said that the issuance of the National Assembly's Resolution on piloting this mechanism is urgent, stemming from political, legal and practical requirements.
Conclusion No. 120 of the Politburo also assigned the pilot task to the People's Procuracy to file civil lawsuits in a number of localities, including Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh and Dak Lak, within 3 years, starting from the second quarter of 2025.
Legally, the Chief Justice of the Supreme People's Procuracy said that the 2015 Civil Procedure Code currently stipulates the right to file lawsuits of agencies and organizations to protect public interests or the rights of others.
However, the law does not have a mechanism for the People's Procuracy to file a lawsuit when competent agencies, organizations and individuals do not exercise this right.
From the practice of prosecution, the Supreme People's Procuracy found that although there were some cases that were prosecuted, the civil part such as compensation for damages was still left open.
Some cases, although showing signs of violations causing damage to the State or vulnerable groups, have not been prosecuted or requested by any organization, leading to loss, waste, and damage to the State, and the rights and interests of vulnerable groups have not been thoroughly and effectively protected, said Mr. Nguyen Huy Tien.
The Chief Justice of the Supreme People's Procuracy said that many countries in the world such as China, Russia, Cuba, and the US have granted the right to protect public interests to inspection or prosecution agencies through civil lawsuits.
The People's Procuracy is considered a representative of public power, responsible for not only prosecuting criminals but also protecting vulnerable groups and public interests in society.
From the above reasons, the proposal proposes that the National Assembly develop a Resolution to resolve problems arising in practice.
Presenting the review report, Chairman of the Law and Justice Committee Hoang Thanh Tung stated that the pilot is expected to be applied in 6 provinces and centrally-run cities, lasting for 3 years from January 1, 2026.
Regarding the role of the People's Procuracy, the verification agency said that the draft has not clarified the People's Procuracy whether the plaintiff or the proceeding agency, leading to the ability to overlap and embarrassed when applied. Besides, the authority to sue both provincial People's Procuracy and the supreme level according to the same criteria is not reasonable.
Regarding avoiding "publicizing" criminal and administrative relations, the inspection agency recommended clearly classifying behavior before filing a lawsuit and adding principles to prevent this situation. At the same time, it is necessary to clearly stipulate the basis and conditions for filing a lawsuit to avoid abuse of power.
Regarding the authority to investigate and collect evidence, the Chairman of the Legal and Judicial Committee said that most of the opinions said that the People's Committee should only act as a specific plaintiff and strictly comply with the procedure in the Civil Procedure Code.
Some proposed opinions may consider adding appropriate authority to the People's Procuracy during the verification phase.
