Law amending Law on Organization of People’s Procuracies 2025, No. 82/2025/QH15

LAW

Amending and Supplementing a Number of Articles of the Law on Organization of People’s Procuracies^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 63/2014/QH13 on Organization of People’s Procuracies.

Article 1. To amend and supplement a number of articles of the Law on Organization of People’s Procuracies

1. To amend and supplement Point c, Clause 3 of Article 4 as follows:

“c/ To handle violations; to administratively sanction acts of obstructing procedural activities of the People’s Procuracies; to request and recommend competent agencies, organizations and persons to address and strictly handle law violations in judicial activities; to recommend concerned agencies and organizations to apply measures to prevent law violations and crimes;”.

2. To amend and supplement Clause 2, Article 7 as follows:

“2. At the Supreme People’s Procuracy, provincial/municipal People’s Procuracies, the Central Military Procuracy, Military Procuracies of military zones and the equivalent, a Procuracy Committee shall be established to discuss and decide important issues by majority, and give opinions on cases and matters before the Procurator General/chief procurators make decisions as prescribed in Articles 43, 47, 53 and 55 of this Law.”.

3. To amend and supplement Clause 3 of Article 23 as follows:

“3. Chief procurators of regional People’s Procuracies, chief procurators of provincial/municipal People’s Procuracies, chief procurators of regional Military Procuracies, chief procurators of the Military Procuracies of military zones and the equivalent shall resolve complaints about illegal custody and temporary detention decisions and acts of competent agencies and persons under their respective procuracy responsibilities.

Chief procurators of the superior People’s Procuracies are competent to resolve complaints about the resolution of complaints by the chief procurators of the subordinate People’s Procuracies; complaint resolution decisions of chief procurators of the superior People’s Procuracies shall take legal effect.”.

4. To amend and supplement Article 28 as follows:

“Article 28. Tasks and powers of the People’s Procuracies in supervising the execution of civil and administrative judgments

1. To supervise the issuance, transfer, explanation, amendment and supplementation of court judgments and decisions.

2. To directly supervise the judgment execution by civil judgment execution agencies, enforcers, other organizations or individuals tasked with organizing the execution of civil judgments, and related agencies, organizations and individuals.

3. To examine judgment execution dossiers.

4. To attend meetings and state the standpoint of the People’s Procuracy on the consideration of exemption from and reduction of judgment execution obligations regarding amounts payable to the state budget.

5. To supervise activities of relevant agencies, organizations and individuals in the execution of judgments.

6. To request courts, civil judgment execution agencies, enforcers, other organizations and individuals tasked with organizing the execution of civil judgments, and agencies, organizations and individuals related to the judgment execution to:

a/ Issue the judgment execution decisions in strict accordance with law;

b/ Execute the judgments and decisions in accordance with law;

c/ Personally inspect the judgment execution and notify the results to the People’s Procuracy;

d/ Provide dossiers, documents, and material evidences related to the judgment execution.

The requests specified at Points a, b and d of this Clause shall be implemented immediately; the request specified at Point c of this Clause shall be implemented within 30 days from the date of receiving it.

7. To recommend courts, civil judgment execution agencies, enforcers, other organizations and individuals tasked with organizing the execution of civil judgments, and agencies, organizations and individuals to fulfill their responsibilities in the judgment execution.

8. To protest against decisions of courts, decisions and acts of heads and enforcers of civil judgment execution agencies, and other organizations and individuals tasked with organizing the execution of civil judgments in accordance with  law; to request the termination of execution, the withdrawal, amendment, supplementation or cancellation of illegal decisions in the judgment execution, and the termination of illegal acts.

9. To perform other tasks and powers in supervising the execution of civil and administrative judgments in accordance with law.”.

5. To amend and supplement Article 36 as follows:

“Article 36. Law making

The Supreme People’s Procuracy has the power to propose legislative tasks, to propose the formulation and submit draft laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; to assume the prime responsibility for, and coordinate with concerned agencies and organizations in, legislative activities; to promulgate legal documents under its jurisdiction as prescribed in the Law on Promulgation of Legal Documents and other relevant laws.”.

6. To amend and supplement Article 40 as follows:

“Article 40. People’s Procuracy system

1. The Supreme People’s Procuracy.

2. The People’s Procuracies of provinces and cities (below referred to as provincial-level People’s Procuracies).

3. Regional People’s Procuracies.

4. The Military Procuracies of different levels.”.

7. To amend and supplement Article 41 as follows:

“Article 41. Tasks and powers of the People’s Procuracies of different levels

1. The Supreme People’s Procuracy shall exercise the prosecution powers and supervise judicial activities, contributing to ensuring strict and consistent compliance with law.

2. Provincial-level People’s Procuracies shall exercise the prosecution powers and supervise the judiciary activities in their respective localities.

3. Regional People’s Procuracies shall exercise the prosecution powers and supervise the judiciary activities within the scope of their territorial jurisdiction.”.

8. To amend and supplement a number of points and clauses of Article 42 as follows:

a/ To amend and supplement Point d, Clause 1 as follows:

“d/ The Prosecution and Procuracy Institutes that conduct appellate trials; other departments, institutes and the equivalent.”.

b/ To amend and supplement Clause 2 as follows:

“2. The Supreme People’s Procuracy is composed of the Procurator General, deputy procurators general, procurators, and examiners; heads and deputy heads of the Investigation Agency, investigators and investigation officers; criminal experts; other civil servants, public employees and other laborers.”.

9. To amend and supplement Clause 2, Article 43 as follows:

“2. The Procuracy Committee of the Supreme People’s Procuracy shall meet with the Procurator General as the chair to discuss and decide on the following important matters:

a/ Work programs and plans of the People’s Procuracy sector;

b/ Draft laws, ordinances and resolutions to be submitted to the National Assembly and the National Assembly Standing Committee; reports of the Procurator General of the Supreme People’s Procuracy to be submitted to the National Assembly, the National Assembly Standing Committee, and the President;

c/ The working apparatus of the Supreme People’s Procuracy;

d/ Reports of the Procurator General of the Supreme People’s Procuracy to be submitted to the National Assembly Standing Committee on the Procurator General’s opinions disagreeing with resolutions of the Council of Justices of the Supreme People’s Court, recommendations of the Supreme People’s Procuracy on crime prevention and combat activities, to be sent to the Prime Minister;

dd/ Selection of persons working at the Supreme People’s Procuracy to be  qualified for sitting examinations to be ranked as senior procurators, intermediate-level procurators or primary-level procurators;

e/ Proposing the Procurator Recruitment Board of the Supreme People’s Procuracy to recruit, relieve from office, or dismiss procurators of the Supreme People’s Procuracy;

g/ Considering and proposing the Procurator General of the Supreme People’s Procuracy to appoint, re-appoint, relieve from office, dismiss senior procurators, intermediate-level procurators and primary-level procurators working at the Supreme People’s Procuracy.”.

10. To amend and supplement Clause 3 of Article 47 as follows:

“3. The Supervisory Committees of provincial-level People’s Procuracies shall meet under the chair of the Chief Procurators to discuss and decide on the following matters:

a/ The implementation of the working programs, plans, directives, circulars and decisions of the Supreme People’s Procuracy;

b/ Work review reports to the superior People’s Procuracy, work reports to be presented to the People’s Councils of the same level;

c/ Selection of persons working at provincial-level People’s Procuracies and regional People’s Procuracies to be qualified for sitting examinations to be ranked as senior procurators, intermediate-level procurators or primary-level procurators;

d/ Considering and proposing the Procurator General of the Supreme People’s Procuracy to appoint, re-appoint, relieve from office or dismiss senior procurators, intermediate-level procurators, and primary-level procurators working at the provincial-level People’s Procuracies or regional People’s Procuracies.”.

11. To amend and supplement Article 48 as follows:

“Article 48. Organizational structure of regional People’s Procuracy

1. The organizational structure of a regional People’s Procuracy shall be composed of an office and different sections, or working units and an assisting apparatus in localities where there are insufficient conditions for establishing sections.

2. A regional People’s Procuracy shall be composed of the Chief Procurator, Deputy Chief Procurators, procurators, inspectors, other civil servants and laborers.”.

12. To amend and supplement Article 49 as follows:

“Article 49. Establishment and dissolution of People’s Procuracies

At the proposal of the Procurator General of the Supreme People’s Procuracy, the National Assembly Standing Committee shall decide on the establishment and dissolution of provincial-level People’s Procuracies and regional People’s Procuracies; prescribe the scope of territorial jurisdiction of regional People’s Procuracies.”.

13. To amend and supplement Points d and dd, Clause 3, Article 53 as follows:

“d/ Selection of persons working at the Central Military Procuracy to be qualified for sitting examinations to be ranked as senior procurators, intermediate-level procurators or primary-level procurators;

dd/ Considering and proposing the Chief Procurator of the Central Military Procuracy to submit to the Procurator General of the Supreme People’s Procuracy the appointment, re-appointment, relief from duty, dismissal of senior procurators, intermediate-level procurators and primary-level procurators working at the Central Military Procuracy.”.

14. To amend and supplement Points c and d, Clause 3 of Article 55 as follows:

“c/ Selection of persons working at the Military Procuracies of military zones or the equivalent and the regional Military Procuracies to be qualified for sitting examinations to be ranked as senior procurators, intermediate-level procurators and primary-level procurators;

d/ Considering and proposing the Chief Procurator of the Central Military Procuracy to submit to the Procurator General of the Supreme People’s Procuracy the appointment, re-appointment, relief from duty, dismissal of senior procurators, intermediate-level procurators and primary-level procurators who are working at the Military Procuracies of military zones or the equivalent or at regional Military Procuracies.”.

15. To amend and supplement a number of points and clauses of Article 58 as follows:

a/ To add Point e below Point dd, Clause 1 as follows:

“e/ Investigation officers”;

b/ To add Clause 4 below Clause 3 as follows:

“4. The conversion of a procurator’s title and rank to the corresponding investigator’s title and rank or the conversion of an investigator’s title and rank to the corresponding procurator’s title and rank shall be carried out when the criteria and conditions prescribed by law for each title are satisfied, without having to sit a recruitment examination. The conversion order and procedures are prescribed by the Procurator General of the Supreme People’s Procuracy.”.

16. To amend and supplement a number of clauses of Article 63 as follows:

a/ To amend and supplement Clause 5 as follows:

“5. To appoint, relieve from duty, and dismiss senior procurators, intermediate-level procurators, primary-level procurators, investigators of different ranks, examiners of different ranks, and investigation officers.”.

b/ To amend and supplement Clause 7 as follows:

“7. To recommend the formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; to direct the elaboration and submission of draft laws, ordinances and resolutions as prescribed by law; to propose the National Assembly Standing Committee to interpret the Constitution, laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee.”.

17. To amend and supplement Points a, b and c, Clause 2, Article 66 as follows:

“a/ To direct, administer, inspect and examine the implementation of tasks and working plans of provincial-level People’s Procuracies; to decide matters on activities of provincial-level People’s Procuracies; to be responsible for, and report on, activities of provincial-level People’s Procuracies and subordinate levels before the Procurator General of the Supreme People’s Procuracy;

b/ To direct, guide, inspect and examine the activities of subordinate regional People’s Procuracies;

c/ To report before the provincial/municipal People’s Councils on the activities of their People’s Procuracies and subordinate levels; to answer questions, petitions and requests of deputies of the People’s Councils of the same level.”.

18. To amend and supplement Article 67 as follows:

“Article 67. Chief procurators of regional People’s Procuracies

1. Chief procurators of regional People’s Procuracies shall be appointed, relieved from duty and dismissed by the Procurator General of the Supreme People’s Procuracy.

2. Chief procurators of regional People’s Procuracires have the tasks and powers to direct, administer and examine the implementation of tasks and working plans and decide matters on activities of their People’s Procuracies and perform other tasks and powers as prescribed by law; to be responsible for, and report on, activities to the chief procurators of the provincial-level People’s Procuracies.

3. The term of office of the chief procurators of regional People’s Procuracies is 5 years, counting from the date of their appointment.”.

19. To amend and supplement Article 68 as follows:

“Article 68. Deputy chief procurators of provincial-level People’s Procuracies, deputy chief procurators of regional People’s Procuracies

1. Deputy chief procurators of provincial-level People’s Procuracies and deputy chief procurators of regional People’s Procuracies shall be appointed, relieved from duty and dismissed by the Procurator General of the Supreme People’s Procuracy in accordance with law.

2. Deputy chief procurators of provincial-level People’s Procuracies and deputy chief procurators of regional People’s Procuracies shall perform the tasks and  powers as prescribed by law, as assigned or authorized by the chief procurators of their People’s Procuracies; to be responsible for the performance of tasks and powers before the chief procurators of their People’s Procuracies and before law.

3. The term of office of deputy chief procurators of provincial-level People’s Procuracies and deputy chief procurators of regional People’s Procuracies is 5 years, counting from the date of their appointment.”.

20. To amend and supplement Article 74 as follows:

“Article 74. Procurators

1. Procurators shall be appointed in accordance with law to perform the functions of practicing the prosecution powers, controlling judiciary activities, other tasks and powers prescribed in Clause 2 of this Article.

2. Other tasks and powers of procurators include:

a/ To request the Procurator General of the Supreme People’s Procuracy to perform tasks and exercise powers in considering commutation applications for persons sentenced to death; to perform tasks related to special amnesties as prescribed by law;

b/ To compile crime and criminal statistics;

c/ To inspect, examine and guide procurators’ professional operation;

d/ To review the practice of procurators’professional activities; to plan and organize law enforcement;

dd/ Other tasks and powers as assigned or authorized by the chief procurators and as prescribed by law.”.

21. To add Article 76a below Article 76 as follows:

“Article 76a. Appointment of procurators

1. The competence to appoint procurators is defined in Clause 4 and Clause 5, Article 63 of this Law.

2. The first-time appointment of procurators must go through examinations, except for the cases specified in Article 81 of this Law.

3. The appointment of procurators to higher ranks must abide by the following principles:

a/ Being carried out through a selection process; ensuring the appointment criteria for each procurator rank; being based on the number of  procurators and the structure and proportions of procurator ranks assigned at each procuracy level, and complying with other provisions of this Law;

b/ Ensuring the publicity, transparency and objectivity;

c/ Refraining from appointing procurators to higher ranks if they are serving a disciplinary measure, subjected to an instituted criminal case, being investigated, prosecuted or adjudicated, or observing disciplinary regulations set out by the Party or the State’s laws.

4. The selection, recruitment and appointment of procurators are prescribed by the Procurator General of the Supreme People’s Procuracy.”.

22. To amend, supplement and annul a number of points and clauses of Article 78 as follows:

a/ To annul Point d of Clause 1;

b/ To amend and supplement Clause 2 as follows:

“2.  Due to personnel demands of the People’s Procuracies, persons who have engaged in legal activities for 10 years or more, and satisfy the criteria defined in Article 75 of this Law, at Point b and Point c, Clause 1 of this Article, and the conditions prescribed in Clause 2, Article 76a of this Law, may be appointed as intermediate-level procurators of the People’s Procuracies; army officers in active service may be appointed to work as intermediate-level procurators of the Military Procuracies.”.

23. To amend, supplement and annul a number of points and clauses of Article 79 as follows:

a/ To annul Point d, Clause 1;

b/ To amend and supplement Clause 2 as follows:

“2. Due to personnel demands of the People’s Procuracies, persons who have engaged in legal activities for 15 years or more, and satisfy all criteria defined in Article 75 of this Law, at Point b and Point c, Clause 1 of this Article, and the conditions defined in Clause 2, Article 76a of this Law, may be appointed senior procurators of the People’s Procuracies; army officers in active services may be appointed to work as senior procurators of the Military Procuracies.”.

24. To amend and supplement Article 81 as follows:

“Article 81. Appointment of procurators in special cases

In special cases where persons dispatched by competent agencies or organizations to serve as leaders of the People’s Procuracies of different levels have not yet worked as primary-level procurators, intermediate-level procurators or senior procurators or engaged in legal activities for a sufficient time but satisfy all criteria defined in Clauses 1, 2 and 5 of Article 75 and the conditions prescribed in Clause 2 of Article 77, at Points b and c of Clause 1 of Articles 78, 79 and 80 of this Law, they may still be recruited and appointed as primary-level procurators, intermediate-level procurators or senior procurators of the Supreme People’s Procuracy.”.

25. To amend and supplement Article 82 as follows:

“Article 82. Working terms of procurators

1. The working term of procurators of the Supreme People’s Procuracy shall be counted from the time of their appointment to the time of their retirement or transfer to other jobs.

2. The working term of first-time appointed procurators is 5 years, counting from the date of their appointment, except for the cases specified in Clause 1 of this Article. Procurators re-appointed or appointed to higher ranks have a working term lasting until their retirement or transfer to other jobs.”.

26. To amend and supplement Article 93 as follows:

“Article 93. Total staff, number, structure and proportions of procurator investigator ranks of People’s Procuracies

1. The number of procurators of the Supreme People’s Procuracy must not exceed 27 persons.

2. The total staffs of the People’s Procuracies and Military Procuracies shall be decided by competent authorities at the proposal of the Procurator General of the Supreme People’s Procuracy.

3. The number of procurators, the structure and proportions of procurator ranks at each level of the People’s Procuracy; the number of investigators and the structure and proportions of investigator ranks of the Supreme People’s Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after receiving the opinions of the Government.

4. The number of procurators, the structure and proportions of procurator ranks at each level of the Military Procuracy; the number of investigators and the structure and proportions of investigator ranks of the Central Military Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after reaching agreement with the Minister of National Defense.

5. Based on the total staffs, the number of procurators, and the assigned structure  and proportions of procurator ranks at each Procuracy level, the Procurator General of the Supreme People’s Procuracy shall decide:

a/ The distribution of staffs and number of procurators of the People’s Procuracies;

b/ The distribution of staffs and number of procurators of the Military Procuracies after reaching agreement with the Minister of National Defense.”.

27. To amend and supplement Article 97 as follows:

“Article 97. Formal attires, identification papers of procurators, certificates of investigators, examiners and investigation officers

1. Cadres, civil servants, public employees and other laborers of the People’s Procuracies shall be provided with formal attires and badges; procurators shall be provided with rank insignias and identification papers; investigators, examiners and investigation officers shall be provided with rank insignias and certificates for task performance.

Procurators, investigators, examiners, investigation officers, other army men, civil servants, public employees, and other laborers of the Military Procuracies shall be provided with formal attires according to the army regime.

2. The National Assembly Standing Committee shall prescribe the regime of supply and use of formal attires in the People’s Procuracy sector, badges and rank insignias of leaders of the People’s Procuracies of different levels, and of procurators, investigators, examiners, investigation officers at the proposal of the Procurator General of the Supreme People’s Procuracy.

The Procurator General of the Supreme People’s Procuracy shall prescribe the forms, material substances and colors of formal attires, the regime of supply and use of formal attires for criminal experts, other civil servants, public employees and laborers of the People’s Procuracies

3. The procurator identification cards shall be granted and managed by the Procurator General of the Supreme People’s Procuracy. The forms, sizes and colors of the procurators’ identification cards shall be prescribed by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy.

4. Certificates of investigators, examiners and investigation officers shall be prescribed, provided and managed by the Procurator General of the Supreme People’s Procuracy.”.

28. To add the phrase “branches of detention camps” after the phrase “direct supervision at custody houses” at Point a, Clause 2, Article 22; “heads of branches of custody houses” after phrase “ heads of custody houses,” at Point c, Clause 2, Article 22, and in Clause 1 of Article 24.

29. To add the phrase “investigation officers, criminal experts” after “examiners” in Clause 1, Article 37; “investigation officers” after “investigators” in Clause 3 of Article 52, at Point b, Clause 3 of Article 60, Point c, Clause 2 of Article 69, Clause 3 of Article 60; “investigation officers” after “investigators” at Point c, Clause 2 of Article 69, in Clause 3 of Article 92’; “investigation officers” after “examiners” in Clauses 1, 2 and 3 of Article 95, Clause 2 of Article 96, and Clause 3 of Article 98.

30. To replace the phrase: “provinces, centrally run cities” by the phrase: “provinces, cities” at Point b, Clause 2, Article 25, Point a of Clause 1, and in Clause 2 of Article 60.

31. To annul Articles 44, 45 and 65.

Article 2. Effect

This Law takes effect on July 1, 2025.

This Law was passed on June 24, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.-

Chairman of the National Assembly
TRAN THANH MAN