Ombudsman

Supreme People's Procuracy of Vietnam (Viện kiểm sát nhân dân tối cao)

VKSNDTC

59/100

Summary

The Supreme People's Procuracy (Viện kiểm sát nhân dân tối cao), established under Article 107 of the 2013 Constitution and governed by Law No. 63/2014/QH13, exercises two constitutional functions: public prosecution and supervision of judicial activities. In the LE/corrections domain it supervises the lawfulness of police arrests, pre-trial detention, and custody; oversees criminal investigations by investigating agencies; and — under Law No. 41/2019/QH14 on Execution of Criminal Judgments — directly supervises prisons, detention centres, and compulsory education facilities, with authority to demand remediation of unlawful acts, request records, and procure case files. The Prosecutor-General is elected by the National Assembly for a 5-year term aligned with the National Assembly term and may be dismissed by the National Assembly. The Procuracy conducts joint investigations with police investigating agencies and can independently direct criminal investigation into police misconduct, though it does not issue discipline directly — discipline referrals go to the employing agency or the Party's Central Inspection Commission.

Independence Scorecard

Independence Score: 59/100 (moderate)
59/100
Limited
Methodology v0.1
AppointmentLegislative appointment
Term length5 years
Removal standardFor cause only
Budget independenceLegislative line item
Subpoena powerYes
Compel testimonyYes
Records accessFull access
Public reports requiredYes
Pre-publication reviewExecutive review

Statute

Name
Law on Organization of People's Procuracies; Law on Execution of Criminal Judgments
Citation
No. 63/2014/QH13; No. 41/2019/QH14
Full text
Full text of law →

Jurisdiction scope

Supervision of lawfulness of judicial activities nationwide: arrest, detention, custody, criminal investigation by police and procuracy investigators, prosecution, trial, and execution of criminal judgments including prisons and detention facilities.