In Vietnam, what are regulations on cassation of people’s procuracies?

What are regulations on cassation of people’s procuracies in Vietnam? What are the duties and powers of people’s procuracies when supervising judical activities in Vietnam? What are the purposes of supervising judical activities in Vietnam of people’s procuracies?

What are regulations on cassation of people’s procuracies in Vietnam?

What are regulations on cassation of people’s procuracies in Vietnam? Which legal documents stipulates this? Hello Lawnet. My name is Tuan An (email: an***gmail.com). Lately, I have participated in a administrative case. It has already been executed. This case has undergone first-instance trial and people’s procuracy has just ordered a cassation. I would like to know about regulations on power of cassation of people’s procuracies in Vietnam. Looking forward to your information. Thank you!

Answer: 

As prescribed in Clause 1, Article 5 of the Law on Organization of People’s Procuracies in 2014 stipulating regulations on cassation of people’s procuracies in Vietnam as follows:

1. People’s procuracies shall annul acts, judgments or decisions which are committed or made by competent agencies or persons in judicial activities and involve serious violations, infringing upon human rights, citizens’ rights, interests of the State or lawful rights and interests of organizations and individuals. Competent agencies and persons shall settle annulment of people’s procuracies in accordance with law.

You can refer to Law on Organization of People’s Procuracies in 2014 for more information.

What are the duties and powers of people’s procuracies when supervising judical activities in Vietnam?

What are the duties and powers of people’s procuracies when supervising judical activities in Vietnam? Which legal documents stipulates this? Hello Lawnet. My name is Nguyen Viet Hung (email: hun***gmail.com). I'm researching about people’s procuracies. I would like to know about duties and powers of people’s procuracies when supervising judical activities in Vietnam. Looking forward to your information. Thank you! 

Answer: 

As prescribed in Clause 3, Article 4 of the Law on Organization of People’s Procuracies in 2014 stipulating duties and powers of people’s procuracies when supervising judical activities in Vietnam as follows:

a/ To request agencies, organizations and individuals to conduct judicial activities in accordance with law; inspect judicial activities falling under their competence and notify inspection results to people’s procuracies; provide dossiers and documents to people’s procuracies for the later to examine the lawfulness of acts and decisions in judicial activities;

b/ To directly supervise; verify and collect documents to clarify violations committed by agencies, organizations and individuals in judicial activities;

c/ To handle violations; to request or propose competent agencies, organizations and individuals to remedy and strictly handle violations in judicial activities; to propose concerned agencies and organizations to apply measures to prevent violations and crimes;

d/ To annul illegal court judgments or decisions; to propose action against illegal acts or decisions committed or made by courts; to annul illegal acts and decisions committed or made by other competent agencies and persons in judicial activities;

dd/ To supervise the settlement of complaints and denunciations about judicial activities; to settle complaints and denunciations falling under their competence;

e/ To perform other duties and exercise other powers in supervising judicial activities in accordance with law.

You can refer to Law on Organization of People’s Procuracies in 2014 for more information.

What are the purposes of supervising judical activities in Vietnam of people’s procuracies?

What are the purposes of supervising judical activities in Vietnam of people’s procuracies? Which legal documents stipulates this? As I'm in need of information for my job, I would like to know about  the purposes of supervising judical activities in Vietnam of people’s procuracies. Looking forward to your information. Thank you!

Answer: 

As prescribed in Clause 2, Article 4 of the Law on Organization of People’s Procuracies in 2014 stipulating the purposes of supervising judical activities in Vietnam of people’s procuracies as follows:

People’s procuracies shall supervise judicial activities to ensure that:

a/ The receipt and settlement of reports and information on crimes and proposal for prosecution; settlement of criminal cases, administrative cases, civil, marriage and family, business, commercial and labor cases and matters; execution of judgments; settlement of complaints and denunciations about judicial activities; and other judicial activities shall be conducted in accordance with law;

b/ The arrest, custody or temporary detention, execution of imprisonment sentences, and regimes of custody or temporary detention, management and education of persons serving imprisonment sentences must comply with law; human rights and other lawful rights and interests of persons arrested or held in custody or temporary detention and persons serving imprisonment sentences, which are not restricted by law, must be respected and protected;

c/ Court judgments and decisions which are legally valid must be strictly executed;

d/ All violations in judicial activities must be detected and handled in a prompt and strict manner.

You can refer to Law on Organization of People’s Procuracies in 2014 for more information.

Best regards!

Lê Tấn Phát

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