Proposal to Discontinue Supreme People's Procuracy Investigative Agency

Vietnam's National Assembly is reviewing a significant draft law that proposes the abolition of the investigative agency within the Supreme People's Procuracy. This move would centralize investigative powers within the security forces, transferring the Procuracy's current functions to investigative bodies under the Ministry of Public Security and the Ministry of National Defense.

The draft legislation, presented on August 20, also includes provisions to eliminate district-level police investigation units. This adjustment is intended to align with the newly reorganized structure of investigative agencies within the People's Police. The Ministry of Public Security and the Ministry of National Defense would be empowered to detail the organization and structure of their respective investigative bodies.

Correspondingly, the draft law aims to redefine the investigative jurisdiction of provincial police. Specifically, it proposes granting provincial police investigative units the authority to handle criminal cases falling under Chapters XIV to XXIV of the Penal Code, provided these offenses are within the jurisdiction of the People's Courts.

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The draft law does not continue to stipulate the organization of the investigative agency of the Supreme People's Procuracy; transferring the authority of the investigative agency of the Supreme People's Procuracy to investigative agencies within the People's Police and the People's Army.

The Legal and Judicial Affairs Committee of the National Assembly has expressed its agreement with the proposal to abolish district-level police investigation units and discontinue the Supreme People's Procuracy's investigative agency. However, the committee has urged for careful consideration of potential challenges and the development of solutions to mitigate any difficulties that may arise during the implementation of these changes.

In addition to these structural reforms, the draft law on criminal procedure also introduces measures to expand summary proceedings, including mandatory application in certain cases and during appellate reviews. It also allows for expedited procedures when a defendant voluntarily pleads guilty and accepts the penalty, provided this plea is voluntary, fully explained, supported by objective evidence, and not the sole basis for conviction.

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The Legal and Judicial Affairs Committee agrees with the proposal to abolish district-level police investigation units and not continue to organize the investigative agency of the Supreme People's Procuracy.