Vai trò của viện kiểm sát nhân dân về giải quyết khiếu nại, tố cáo trong tố tụng hình sự việt nam tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

DINH VAN SON

THE ROLE OF THE PEOPLE'S PROCURACY IN SETTLING
COMPLAINTS AND DENUNCIATIONS IN VIETNAM'S
CRIMINAL PROCEDURE

Major: Criminal Law and Criminal Procedure
Code : 9380105

SUMMARY OF DISSERTATION FOR DEGREE
OF DOCTOR IN JURISPRUDENCE

Hanoi - 2020


The thesis is completed
at the Academy of Social Sciences

Name of Supervisor: 1) Dr. Tran Ngoc Huong
2) Dr. Nguyen Minh Duc

Reviewer 1: Prof. Dr. Bui Minh Thanh

Reviewer 2: Assoc. Prof. Dr. Hoang Thi Minh Son

Reviewer 3: Dr. Quan Minh Tuong

The thesis will be defended in front of the Academy level Judging

Council meeting in ..………at…………on ……………

The thesis can be found at the:
National Library of Vietnam
Science Library Academy of Social Sciences


1
INTRODUCTION
1. The urgency of the topic
The right to make complaints and denunciations of citizens and the
responsibility of competent agencies to consider and settle are recorded in Article
30 of the 2013 Constitution. The work of settling complaints and denunciations in
the CP prescribed in the CP Code has institutionalized the Party's line of guidelines
and the State's legal policies. The provisions of the CP Code (CPC) on citizens’
right to make complaints and denunciations and State agencies' responsibility to
settle complaints and denunciations are means to ensure direct democratic rights,
avoid injustice, wrong conviction, prevent crime and contribute to social justice.
The PP (PP) is a constitutional agency with the function of exercising prosecution
rights and controlling judicial activities; at the same time, it is responsible for
protecting the Constitution and laws, protecting human rights, citizens' rights,
protecting the interests of the State, and the legitimate rights and interests of
organizations and individuals. The process of performing functions and duties gives
rise to the legal relationship between the PP and the state agencies, organizations and
individuals in issuing procedural decisions and carrying out procedural acts in judicial
action; at the same time, complaints and denunciations will arise against such decisions
and / or acts when the complainants or denunciators believe that there are violations of
law. In addition to being responsible for settling complaints and denunciations arising
in CP (CP) under its jurisdiction, the Procuracy also has the function of supervising the
compliance with law of other competent agencies on settlement of complaints and

denunciations in CP. As such, the PP is not only responsible for the results of its own
complaint and denunciation settlement, but also for other competent entities.
In recent years, the role of the PP in settling complaints and denunciations
in the CP has been enhanced. Many complaints and denunciations in the CP related
to injustice, false conviction or prolonged have been resolved; contributing to
protecting the interests of the state, the legitimate rights and interests of citizens,
and protecting the socialist legislation. However, besides the achieved results, the
quality of the settlement of complaints and denunciations in the CP of the judicial
agencies in general and in the Procuracy in particular, there lye of shortcomings,
constrains andlimitations; a number of complaints and denunciations have not been
settled in time or have not been handled in accordance with the law. These
weaknesses partly reduce people's confidence in the Party's guidelines and policies
and the laws of the state.
As an officer working inProcuracysector for many years with directly
works in the Department of Procuracy and handling complaints and denunciations
in judicial activities, the author have always concerning and thinking to find the
causes of constrains and limitations; at the same time, to propose solutions to
ensure the role of the PP in dealing with complaints and denunciations in the CP.
From the theoretical angle, although there have been a number of
published scientific works related to the settlement of complaints and denunciations


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in general, and complaints and denunciations about decisions and specific acts of
CP such as complaints about decisions to institute criminal cases; complaints
against indictments ... but so far there has no scientific research systematically
studied the role of the PP in dealing with complaints and denunciations in the CP.
In this field of research, the author has initially accumulated practical and
theoretical experience in the process of working, researching, developing thematic
subjects, cultivating and gaining knowledge in seminars, conferences and public

works and professional training. From the above perception, the author has chosen
the topic of: "The role of the PP in settling complaints and denunciations in
Vietnam's CP" as the doctoral thesis of jurisprudence, majoring in Department of
Criminal Law and CP Code, code 9 380104.
2. Purpose and research mission of thesis
2.1. Research purposes
The thesis analyzes and proves the theoretical issues showing the role of the PP
in settling complaints and denunciations in CP. On the basis of justified theory, the thesis
analyzes and assesses the legal status and reality of performing the role of controlling and
settling complaints and denunciations in CP on the basis of certain criteria; propose a
number of scientific solutions to ensure the role of the PP in settling complaints and
denunciations in CP in Vietnam.
2.2. Research mission
To accomplish this purpose, the thesis sets and solves the following tasks:
- Formulating concepts, pointing out the characteristics and nature of
complaints and denunciations and settling complaints and denunciations in
CP; concepts and characteristics of the PP's role in settling complaints and
denunciations in CP;
- Analyze and prove the basic aspects showing the role of the PP in settling
complaints and denunciations in CP;
- Analyzing and clarifying the legal status and reality of the performance
of the PP's role in settling complaints and denunciations in CP; shortcomings,
limitations and obstacles;
- Research to clarify the causes of the problems and shortcomings;
- Proposing solutions to ensure the role of the PP in settling complaints and
denunciations in CP in Vietnam today.
3. Subject and scope of the thesis research
3.1. Research subjects
The thesis studies theoretical issues; the law status and the status of performing
the role of PP on settlement of complaints and denunciations in CP in terms of direct

settlement of complaints and denunciations and ways to supervise the observance of
law on settlement for other competent subjects; find out the cause of the existence and
limit to propose solutions to ensure the role of the PP in dealing with complaints and
denunciations in CP.
3.2. Scope of research


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- Scope of space: Theory and practice in Vietnam;
- Scope of time: In 10 years, from 2009 to 2018;
-Scope of the contents: The thesis only studied in depth the role of PP on
settlement of complaints and denunciations in CP under the jurisdiction and
control of compliance with the legislation on settlement of complaints and
denunciations in CP of other competent entities.
4. The methodology and research method of the thesis
The topic is studied based on the methodology of Marxism - Leninism, Ho
Chi Minh thought; policies and guidelines of the Party, laws of the State on
building and perfecting the legal system of complaints and denunciations. During
the research approach, the author uses a systematic approach method; social
sciences interdisciplinary; theoretical and historical os State and lawapproach with
special attention to jurisprudence; mainly the approach method of Criminal Law,
Criminal Procedure.
To solve the research objectives and tasks, the author uses specific
research methods such as:
- Methods of analysis, synthesis, comparison and abstraction used in the
process of constructing concepts; analyze prove and explain the characteristics of
settling complaints and denunciations in the CP and the role of PP in this field.
- Methods of statistical and collective used in the clarification of status of
of applying legal provisions on control and settlement of complaints and
denunciations in CP of PP; clarify the suitable factors and relevant inadequacies of

the law, the limitations in performing the functions and duties of the PP in this
field.
- Method ofsystemizing isused in all chapters of thesisto present problems
and contents ofthesisin order, suitable andtight structure and having inheritance to
develop issues and content to achieve goals, task requirements that have been
identified for the thesis.
5. New scientific contributions of the thesis
The thesis is the first project in Vietnam comprehensively studies the role
of PP on settlement of complaints and denunciations in CP in the context of our
country building a socialist law-governed State;
The thesis has built issues basic theoretical in addition to the system of
scientific theories about the role of PP on settlement of complaints and
denunciations in CP;
Thesis commentaries the effects of PP when put on the functions and tasks of
control, and settlement of complaints and denunciations in CP;
The thesis identifies the basic contents in the role of the PP in dealing with
complaints and denunciations in CP in practice; basic factors affecting the role of the
PP in this field; shortcomings, limitations and inadequacies in expressing the role
of the PP in settling complaints and denunciations in CP, and at the same time
points out the basic causes of these shortcomings, limitations and inadequacies


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to propose a system of scientific solutions suitable to the conditions to build a socialist
law-governed State in Vietnam to ensure the role of the PP in resolving complaints and
denunciations in CP .
6. Theoretical and practical meanings of the thesis
6.1. Theoretical meanings
With obtained research results, the thesis contributes to enriching and
supplementing the interpretations on the role of the PP in settling complaints and

denunciations in CP; at the same time, the thesis determines the functions, duties
and powers of the PP on resolving complaints and denunciations in CP which are
indispensable; affirming that the institution of supervising the settlement of
complaints and denunciations in CP is an expression of the control of judicial
power, minimizing the abuse of power in judicial activities and has the effect of
protecting the legitimate rights and interests of agencies, organizations and
individuals in society.
6.2. Practicalmeanings
The thesis can be used as a reference for officers practicing in this field; as
well as resources to the individual in society to research and defense their
legitimate interests;
Content of the thesis may be references to compiling textbooks, teaching
materials, training, promoting and dissemination of law;
The thesis will be important documents for legislativeresearchers, regulatory
scientists, students in law and those who are interested in this field
7. Structure of the thesis
Chapter 1. Overview of research situation and issues related to the thesis
Chapter 2. The theoretical issues about the role of the People's Procuracy
on settling complaints and denunciations in Criminal Procedure in Vietnam
Chapter 3. Current situation of the role of the People's Procuracyin settling
complaints and denunciations in Vietnam's Criminal Procedure
Chapter 4.Solutions to ensure the role of the People's Procuracyin settling
complaints and denunciations in Vietnam's Criminal Procedure.
Chapter 1
OVERVIEW OF THE RESEARCH SITUATION
AND ISSUES RELATED TO THE THESIS
1.1. Research situation related to the thesis topic
1.1.1. Research situation abroad related to the thesis topic
The works (04 works) by foreign authors related to the thesis such as:
judicial reform, upholding the role of investigators, building up a team of

investigators with professional ethics, integrity and qualification to limit law
violations leading to complaints and denunciations; problems of abuse of power,
corruption, obstruction of justice; legal mechanisms for settling complaints and


5
denunciations against violators. Although these works do not have theProcuracy's
presence in settling complaints and denunciations in CP due to the organizational
structure and operation of foreign judicial agencies are different from our country,
they are valuable document for comparing, evaluating and proposing solutions in
the thesis research topic.
1.1.2. The situation of domestic research on complaints and
denunciationsin criminal procedureabroad.
The works of the domestic authors studied on complaints and denunciations
in CP abroad , such as: "Research on Law of criminal procedure in Russian
Union"; " SResearch on Law of criminal procedure in China" ; " Research on Law of
criminal procedure in Republic of France"; "Comparison on Vietnamese Law of criminal
procedureand other countries in the world" , the authors focused on the study, analysis
preparations for the order, procedures and competence for proceedings in handling the
case, thereby indicating the right of complaint of the person participating in the procedure
to the competent authorities and persons. The research results are important basis of
theoretical and practical for the author to compare with the CP law in Vietnam,
propose solutions ensuring the role of the PPon settling complaints and denunciations
in CP compliance with Vietnamese practices.
1.1.3. The situation of domestic research on complaints and
denunciations
The research works that have been studied include:Group of researches on
the complaints and denunciations right; a group of studies on the competence and
responsibilities of state agencies in settling complaints and denunciations; group of
studies on the presence of PP in settling complaints and denunciations. The authors

analyzed from the legal perspective on the right oncomplaint and denunciation as a
tool to monitor and counterbalance the entities of the State’s power. The authors,
commenting on the responsibility of the competent authorities in settling
complaints and denouncing, statedthat the competent entities to settle must
voluntarily and strictly comply with the provisions of law; have a mechanism of
inspection and supervision; preventing and strictly handling violations of the law
on complaints and denunciations are manifestations of socialist legislation in the
activity of settlement of complaints and denunciations. Analyzing the presence of
the PP in resolving complaints and denunciations, the authors gave their views on
the aspects of resolving complaints and denunciations within their jurisdiction and
supervised the compliance with the law on settlement of complaints and
denunciations in the judicial activities of other competent entities.
1.2. Assess the research situation related to the thesis topic
1.2.1. About the advantages and research results that the thesis will
inherit and further develop
- Regarding the theoretical aspect
The research results of the works published have important implications
for authors to refer to implement the thesis, including: the perspective of human rights, the


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right to lodge complaints and denunciations; concepts of complaints and denunciations
and settlement of complaints and denunciations; principles, competence, order and
procedures for settling complaints and denunciations; results of settling complaints and
denunciations; shortcomings, limitations, inadequacies and causes; solutions in general,
and in CP in particular.
- On the practical side
The research works have overall fully summarized the provisions of the law on
complaints and denunciations in foreign countries as well as in domestic; initially
approached, analyzed and assessed the implementation of the law on complaints and

denunciations; the role of competent entities to handle complaints and denunciations and
the role of entities supervising the handling of complaints and denunciations. On that
basis, the achievements, inadequacies, limitations and causes have been pointed out,
leading to the role of the authority in resolving complaints and denunciations and the role
of the entity in charge of resolving complaintsand denunciations are still unclear. Thereby,
helping authors to have basis to research and propose specific solutions to ensure the role
of the PP of settling complaints and denunciations in CP in Vietnam.
1.2.2. Issues need to be studiedfurther
- Regarding the theoretical aspect
Scientific works and articles in our country commenting on regulations on
the CP in foreign countries; there are many scientific works and articles in
ourcountry researching on complaints and denunciations and resolving complaints
and denunciations in Vietnam in general and CP in particular, but no research has
been conducted directly onPP’s role in settling complaints and denunciations
in CP due to the complex nature of the problem. Thus, no studies yet come up with
the general and full conceptrecognized in Vietnam for the area that author chose to
study. The group of studies that is close to the research topic of the thesis author:
The research works on complaints and denunciations; there have been studies that
have gone straight to complaints and denunciations in the CP in Vietnam. However,
these works only list the provisions of the law on complaints and denunciations; or
merely done in form of investigating complaints against a type of procedural
decision, not investigating systematically; not go into interpreting the role of PP on
settlement of complaints and denunciations in CP in terms of direct settlement of
complaints and denunciations in CP under the jurisdiction and control of
compliance with the law on settling lodge complaints and denunciations in
the CP of other competent subjects.
- On the practical side
An overview of the research situation shows that, in Vietnam, there have
been a number of studies that researches, analyzes and assesses the actual situation
and practice of performingand ensure the implementation of the role of the PP in

resolving complaints and denunciations in CP in the perspective of legal
science. However, these studies only stop at assessing the status of the law on the


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role of the PP in dealing with complaints and denunciations in each specific case,
not done comprehensively and profoundly.
From the above-mentioned remarks, the issues posed for the thesis
research are: (1) in-depth, systematic research and interpretation to formulate the
concept of complaints and denunciations and to resolve complaints and denunciations in
CP; (2) Clarify the characteristics and nature of complaints and denunciations and settle
complaints and denunciations in CP ; (3) Introduce concepts and content of the role of PP
in dealing with complaints and denunciations in CP ; (4) Develop criteria for evaluating
the quality of resolving complaints and denunciations in the Vietnam CP ; ( 5 ) Assess the
status of implementing the role of PP in resolving complaints and denunciations in CP ,
pointing out the advantages, limitations, shortcomings, inadequacies and causes of these
problems, then to propose solutions to ensure the role of PP in resolving complaints and
denunciations in CP in Vietnam .
1.3. Theoretical basis and research hypotheses; Approach of the thesis
1.3.1. Theoretical basis
- The meaning of Marxist-Leninism, Ho Chi Minh's thought about the State and the
law; guidance and policies of the Party and State on the settlement of complaints and
denunciations in judicial activities.
Based on the above theoretical basis, the thesis is implemented with the
research questions, as follows:
- Research questions on theoretical aspects: The concept, characteristics,
nature of complaints and denunciations and settlement of complaints and denunciations
in CP, the process of formation and development? The concept, content and ensure the
role of PP in settling complaints and denunciations in the Vietnamese CP?
- Research questions on practical aspects: How is the role of the PP of settling

complaints and denunciations in CP stipulated in the current law in Vietnam? How is
practical implementation and ensure the implementation of the role of PPin settling
complaints and denunciations in CP in Vietnam?
1.3.2. Research hypotheses
In the socialist rule-of-law state, the role ofPP to handle complaints and
denunciations in CP is indispensable
In order to prove the abovescientific hypotheses, the thesis directly addresses
the scientific issues, including:
- In the socialist rule-of-law State,why does the PP have its functions, duties,
authority to control and settle complaints and denunciations in CP?
- Researching, analyzing and clarifying the results and limitations of PP in
performing the functions, tasks and authority to control and settle complaints and
denunciations; causes and solutions to overcome limitations to ensure the indispensable role
of PP in settling complaints and denunciations in CP.
1.3.3. Approach of the thesis
Firstly, access to the system: Analyzing and assessing issues of state
power, judicial rights, the role of the Procuracy in the system of judicial agencies,


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in the state apparatus, especially the role of the Procuracy in settling complaints and
denunciations in CP; the interaction between judicial authorities with each other
through the performance of functions and tasks constitutes a unified whole.
Secondly, interdisciplinary approach: There is a combination of knowledge
of many social sciences, such as political science, philosophy science, criminal law
science, criminal procedure law science, administration law science, state
theoretical science and law, constitutional law science, human rights science ...
Thirdly, access to history: The historical viewpoint used in the research
process, especially the process of considering relationships through different
historical stages; generalize and assess the status of implementation of the role of

Procuracy in settling complaints and denunciations in CP in historical context and
the specific conditions and be recognized in terms of logical development.
Fourthly, comparative law approach:is used mainly to compare current
criminal procedure law and earlier CP lawon the role of PPin settling complaints
and denunciations in CP.
Conclusion of chapter 1
Chapter 2
THEORETICAL ISSUES ABOUT THE ROLE OF
PEOPLE’S PROCURACY ON SETTLEMENT OF COMPLAINTS AND
DENUNCIATIONS
IN VIETNAMESECRIMINAL PROCEDURE
2.1. Overview of complaints and denunciations; settling complaints
and denunciations and supervising the settlement of complaints and
denunciations in criminal procedure
To interpret the role of PP on settlement of complaints and denunciations
in CP, the first thing is being aware of what complaints and denunciations
in CP are; its characteristics; competent entitiesand entities with the function of
supervising the observance of law on the settlement of complaints and
denunciations in CP .
2.1.1. Definition, features and nature of complaints and denunciations in CP
2.1.1.1. Concept of complaints in CP
2.1.1.2. Features of complaints in CP
- Complainants: must have rights and legitimate interests directly affected by
decisions of the proceeding activity that he or she complaints;
- Person being complained: Is a competent agency or individual conducting criminal
procedure
- Subjects being complained:procedural acts or decisions of competent
agencies and individuals in conducting criminal procedure.
2.1.1.3. Concept of denunciations in CP
2.1.1.4. Features of denunciations in CP

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- Denunciator: Individuals detecting acts of law violation in operation of
CP;
- Person being denunciated: a competent person in criminal procedures;
- Subject of denunciations:An act of CP which the accuser believes that
behavior is a violation of law.
2.1.1.5. Nature of complaints and denunciations in criminal procedures
The nature of complaints and denunciations is the exercise of direct
democracy. Complaint is a legal tool for individuals, agencies and organizations to
protect their legitimate rights and interests when theirs are violated; denunciation is
a tool for individuals to notify agencies or competent persons of law-breaking acts
of any competent person who conductsproceeding activity damaging or threatening
to damage the interests of State, legitimate rights and interests of agencies,
organizations and individuals.
2.1.2. Concept, features of settlement of complaints and denunciations in CP
2.1.2.1. Concept of settling complaints in CP
Settlement of complaints in CP is the process of reviewing, accepting,
verifying, concluding and issuing decisions to settle complaints against proceeding
decisions and actsof competent authorities and persons.
2.1.2.2. Features of settlingcomplaints in CP
- Regarding the competence to settle complaints: Only assigned to the
procedure-conducting agencies and persons with the procedural titles. The person
who settles the complaint does not have the right to resolve the complaint against
his / her own procedural decision;
- Regarding procedures for settling complaints: Complainants have no
right to initiate lawsuits against complaint settlement decisions;
- Time limit for settling complaints: The time limit is much shorter than the
time limit for settling complainton decisions and administrative acts (maximum of

15 days; some types have time limit for settlement no more than 3 days).
2.1.2.3. Concept of settling denunciations in CP
Settlement of denunciations in CP is the process of examining, accepting,
verifying and issuing decisions to settle denunciations against proceeding
decisions and acts of competent authorities and persons.
2.1.2.4. Featuresof resolution of denunciations in CP
- Regarding the competence to settle denunciations: Always belong to the
head of the agency;
- Regarding the procedure for settlement of denunciations: Only one level
is specified;
- The time limit for settling denunciations: Basically, the time limit is
longer than for settling complaints. However, for denunciations related to acts of
arrest, custody or detention, the time limit for handling shall not exceed 3 days.
2.1.3. Concepts and characteristics of supervising the settlement of
complaints and denunciations in CP


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2.1.3.1. Definition of supervising the settlement of complaints and
denunciations in CP
It is the checking activities of the Procuracyin compliance under the laws
of other competent entities to settle complaints and denunciations in CP.
2.1.3.2. Characteristics of supervising the settlement of complaints and
denunciations in CP
- Regarding entities: Procuracyis the only entity exercising the right to
supervise
- Regarding the scope of control: Only in the settlement of complaints and
denunciations in CP
- State-run control activities
2.2. Definition and content of the role of PP in settling complaints and

denunciations in CP
2.2.1. The concept and characteristics of PP's role in settling complaints
and denunciations in CP
2.2.1.1. The concept of PP's role in settling complaints and denunciations
in CP
The term "Role" means "effect, functionofwhom or what in the operation,
the common development of a collective or an organization".
From the concept of "role" above,it leads to the concept of role of People’s
Procuracy: is the value and effect that People’s Procuracy brings to societyfrom
basic operational aspect of itself.
Thus, from the analysis of relevant concepts and the meaning of the term
"role", it is possible to introduce the concept of PP’s role in settling complaints and
denunciations in Vietnam's CP is: Expressions on the results, values, effects which
PP bring to society through the implementation activity of the functions and duties
of supervising and settling complaints and denunciations in criminal procedures.
2.2.1.2. Basic characteristics of PP's role in settling complaints and
denunciations in CP
- The role of PP in settling complaints and denunciations in CP is under
comprehensive control of law
- People’s Procuracyis the only entity with the authority to settle complaints and
denunciations against acts and decisions of procedure-conducting persons that are not under
their management.
- The PP's role in settling complaints and denunciations may terminate or
change the legal status of procedure-conducting persons and participants in legal
proceedings as well asproceeding process of criminal case.
- The role of the PP in settling complaints and denunciations is formed on
the basis of individual and state requirements.
2.2.2. Content of the role of PPin settling complaints and denunciations
in CP
2.2.2.1. Role of PP in direct settlement of complaints and denunciations in CP

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Settling complaints and denunciations is both right and responsibility of the
Procuracy. The powers to settle complaints and denunciations in criminal procedure of
the PP are stipulated in the CP Code and the Law on Organization of PP and legal
documents guiding the implementation and professional regulations of the
sector. Accordingly, PP has competent role to resolve complaints and denunciations about
the acts and procedural decisions of procedure-conducting persons belonging to the PP
and acts and procedure decision of head of investigation agency; The agency chief is
assignedto conduct a number of investigative activities; results of complaint settlement by
headof investigating agency; at the same time have the mission of settling denunciations
against the procedural acts of persons of the agencies being assigned to conduct a number
of investigating activities. As such, the PP also plays a role in resolving complaints and
denunciations for those who conduct legal proceedings that are not under their
administrative management.
2.2.2.2. The role of the
Procuracy in
supervising the settlement
of
complaints and denunciations in CP of other entities
The role of the People 's Procuracy in supervising the settlement of
complaints and denunciations in CP is stipulated in the Law on Organization of the
PP, the Criminal Procedure Code, and is specifies in the documents under laws
such as Joint Circular No. 02 of the Central Judicial Interdisciplinary, the
Professional Regulation of the sector. Accordingly, the Procuracy has the
function of supervising the compliance with the law on settling complaints and
denunciations in the CP of competent entities.
2.2.3. The purpose of implementingPP's role in settling complaints and
denunciations in CP

2.2.3.1. State protection, regime protection, law protection, human rights
protection
2.2.3.2. Contribute to improving the quality and effectiveness of the Procuracy
2.2.3.3. Settlement of complaints and denunciations haseffects on
promoting and educating law for subjects of complaints and denunciations
2.2.3.4. Contributein building and improving the law on complaints and
denunciations
2.2.3.5. Contributein the prevention and combating of acts of law violations
and crimes, limit to the lowest cases of injustice, wrong conviction and undetected
crime.
2.2.4. Requirements for fulfilling the role of the PP in settling complaints
and denunciations in CP
2.2.4.1. Ensure the right to lodge complaints and denunciations in CP
2.2.4.2. Comply laws
2.2.4.3. Urgently, timely and not affect the normal operation of other
entities
2.3. Factors affecting the role of the People's Procuracyin settling
complaints and denunciations in CP


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2.3.1. Awareness of the Party, the State and the people on the role of the
PP in settling complaints and denunciations in CP
The Communist Party of Vietnam is a leading force of the State and
society. Accordingly, the Party's guidelines and policies will have a strong impact
on all areas of social life, including the role of the PP in settling complaints and
denunciations.
Competent agencies to settle complaints and denunciations in CP should also
be fully aware of the role of the Procuracy in supervising the observance of the law on
settlement of complaints and denunciations CP. Only then can the Procuracy carry out

its functions, tasks and powers; At the same time, it also helps these agencies detect
violations to rectify them promptly in order to ensure social justice, protect the
legitimate rights and interests of the State, individuals and organizations.
In addition, people's awareness of the Procuracy's role in resolving
complaints and denunciations in the CP is also very important. First of all, people
need to be aware of their right to make complaints and denunciations in order to
protect themselves and to protect the legitimate rights and interests of others when
it is infringed upon. On the other hand, people also need to be aware of the
functions, duties and powers of the Procuracyin this area to come to the right
agency for settlement.
2.3.2. Provisions of law on the role of the PP in settling complaints and
denunciations in CP
The rule of law society in order to exist and develop, first of all, needs to
have a unified, complete legal system and clearly stipulates the scope, functions
and tasks of agencies in the state apparatus in which PP keeps what role in power
activities of the State; in operations to settle complaints and denunciations in CP,
PP plays what role? Depend on the contents of the law defining the functions,
tasks and powers of the Procuracy, legal policies that are not suitable with reality
will impact on the role of the PP.
2.3.3. Quality of theofficers of the PP advising the settlement of
complaints and denunciations and supervising the settlement of complaints and
denunciations in CP
President Ho Chi Minh once pointed out: “Officers are the root of all
works; Whether success or failure is due to good or poor staff.”
The quality of the officers performing the functions, tasks of handling and
supervising the settlement of complaints and denunciations in the CP is the ability
to complete the tasks assigned in this field based on the following criteria: Firstly,
the political qualities expressed in absolute loyalty to the Country and people, a
strong political stance, a thorough grasp of the Party's guiding views related to the
field of assigned work; Secondly, the professional quality is reflected in the deep

understanding and proper application of the provisions of law, especially the
provisions of law related to the assigned tasks, with high sense of responsibility in
performing functions and duties of the Country; Thirdly, the ethical qualities


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reflected in the strict observance of the ethical standards of officers and civil
servants in general and officers of the Procuracy in particular, with the spirit of
serving the people and protecting the public, reason and live a life of integrity and
simple.
2.3.4. Facilities and working means in service of settlement and control
of settling complaints and denunciations in CP
Material resources to serve professional activities, such as: training
expenses, professional training for officials; apply electronic media, build software
to manage complaints and denunciations in the whole sector of Procuracy to create
favorable conditions for timely monitoring, management and settlement. In
addition, the remuneration for professional workers ... All of the above material
conditions, requires the State and society to make appropriate investments
in material resources for the Procuracy to implement the role of Procuracyin
settlement of complaints and denunciations in judicial activities in general and
in CP particular.
2.3.5. Implementing legally effective decision on settlement of
complaints and denunciations in criminal law
Implementing legally effective complaints and denunciations is the final
stage of the exercise of state power. Thus, the power in the settlement of complaints
and denunciations that stops at promulgating the decisions and conclusions of right
and wrong and affirming justice is not enough and the justice that was only "on
paper" only, theProcuracy' decisions are only truly valid when they are strictly
enforced.
2.4. Basic criteria for assessing the role of the PP in settling complaints

and denunciations in CP
2.4.1. Criteria to evaluate view point of the Party, State and people’s
awareness about the role of the People's Procuracyin settling complaints and
denunciations in CP
- The degree of agreement between the Party's guidelines and policies and
the State's laws on the role of the PP in the activities of controlling and settling
complaints and denunciations in CP;
- The practicality suitable of the Party's guidelines and policies, the State's
policies and the functions and tasks of controlling and settling complaints and
denunciations in the CP of the PP;
- The degree of assurance of the power of the PP during the process of the
Party leading settlement and control the settlement of complaints and denunciations
in CP;
- The people's awareness of complaints and denunciations and the significance
of the settlement and control of the settlement of complaints and denunciations in CP;
- The degree of trust of the people in the fairness and ensuring the justice is
enforced of the settlement and control of the settlement of complaints and
denunciations in the CP of the PP.


14
2.4.2. Criteria to evaluate the lawrecognizes the role of the PP in settling
complaints and denunciations in CP
- The completeness and comprehensiveness of the law recognizes the
Procuracy's functions and duties on settling and supervising the settlement of
complaints and denunciations in CP;
- The degree of uniformity of law in assuring the Procuracy's power in
settling and supervising the settlement of complaints and denunciations in CP;
- Law ensuring the Procuracy carries out activities of settling and
supervising the settlement of complaints and denunciations in CP.

2.4.3. Criteria to evaluate the efficiency of activities of settling
complaints and denunciations in CPof the PP
The document of settling complaints and denunciations accurately reflects the
nature of the case, ensuring its justice andlegalty, and achieving objective truths are the
basic criterions for evaluating the role of PP in settling complaints and denunciations in
CP. In addition, in order to ensure a comprehensive assessment of the Procuracy's role in
this field, it is necessary to consider the timeliness of the settlement of complaints and
denunciations within the prescribed time limit.
Conclusion Chapter 2
Chapter 3
CURRENT SITUATION OF THE ROLE OF THE PEOPLE'S
PROCURACY IN THE SETTLEMENT OF COMPLAINTS AND
DENUNCIATIONS IN CRIMINALPROCEEDINGS OF VIETNAM
3.1. The reality of the law acknowledges the role of the PP in settling
complaints and denunciations in CP
3.1.1. From the Party's policy to the State's enactment of laws showing
the role of the Procuracyin complaints and denunciations
The Fourth Conference of the IXCentral Committee of the Party issued a
conclusion on the amendments and supplements to a number of articles of the 1992
Constitution, which clearly states: “It is necessary to amend and supplement
functions and tasks of the PP in the direction of: The PP shall only exercise the
right to prosecute and control judicial activities, not perform the function of control
in compliance with the law of organizations and individuals”
Institutionalizing the views and policies of the XIII Party and National
Assembly passed the 2013 Law and judicial laws, including the Law on
Organization of the People's Committee of 2014; Role of PP to settle and supervise
the settlement of complaints and denunciations in judicial activities are recorded as
a separate item. In line with the 2014 Law on Organization of the PP,
the CPCode in 2015 has made new changes in the role of
the People 's Procuracy in resolving complaints and denunciations compared to the

2003 Law on CP as assigned to practice prosecution rights amd supervision of the
law observance in CP , the deputy head of the Procuracyare competent to settle


15
complaints and denunciations under the Procuracy’sauthority, except for
complaints and denunciations of their own decisions and acts; The superior
Procuracy is responsible for inspecting and examining the settlement of complaints
and denunciations of the lower Procuracies. The supreme PP inspects and exams
the settlement of complaints and denunciations of the Procuracies of all levels.
3.1.2. The law recognizes the Procuracy's role in settling complaints and
denunciations in the current CP
Pursuant to the provisions of the 2013 Constitution, the 13th National
Assembly passed the Law on Organization of People's Procuracyin 2014; The 2015
CP Code, which acknowledged the Procuracy's role in settling complaints and
denunciations in CP.
3.2. Actual situation of implementing the role of the PP in settling
complaints and denunciations in CP
3.2.1. Actual situation of the Procuracy's role in directly settling
complaints and denunciations in CP
Table 1. Statistics of complaint settlement in CP
Under the jurisdiction of PP in 10 years
(From 2009 to 2018)
Complain
Year
Acceptance
Solved (cases)
Pass (%)
number (cases)
2009

854
562
66%
2010
798
487
61%
2011
958
617
64%
2012
570
561
98%
2013
596
582
98%
2014
970
955
98%
2015
855
881
99%
2016
1191
1190

99%
2017
1516
1212
79.9%
2018
1672
1592
95.2%
Total
9980
8639
86.5%
Source: Statistical reports of results of the PP 2009, 2010, 2011, 2012, 2013,
2014, 2015, 2016, 2017 and 2018


16
Table 2. Statistical data of denunciations settlement in CP under the
jurisdiction of PP in 10 years
( from 2009 to 2018)
Denounce
Year
Acceptance
Solved (cases)
Pass (%)
number (cases)
2009
39
30

77%
2010
36
23
64%
2011
39
28
72%
2012
76
72
95%
2013
39
35
90%
2014
52
48
92%
2015
33
30
91%
2016
43
41
95%
2017

125
113
90.4%
2018
102
92
90.1%
total
584
512
87.6%
Source: Statistical reports of results of the People's Procuracy' in settling
complaints and denunciations in 2009, 2010, 2011 , 2012, 2013, 2014, 2015, 2016,
2017 and 2018
3.2.2. Situation of performing the role of supervising the compliance with laws
on settlement of complaints and denunciations in CP
Table 3. Statistical data of supervising the settlement of complaints and
denunciations in CP of PP in 10 years (from 2009 to 2018)
Year

Total
number of
control
measures
taken

2009
2010
2011
2012

550
464
635
731

2013
2014
2015
2016

724
1072
749
863

Modes of conducting the
Control
inspection
results
Dir Reque Requ Request to Pettiti App
provide on
ectl
st a
est a
eal
records
y
writte
selfand

sup
n
test
documents
ervi
settle
sio
ment
n
373
56
101
20
146
6
310
34
93
27
219
14
389
36
177
33
289
6
517
41
112

sixty
432
2
one
585
51
70
18
469
6
497
301
226
48
410
2
459
45
181
64
359
8
475
61
227
100
369
2

Check the

implementa
tion of
petition and
appeal

1
6
15


17
2017
2018
total

986
1039
7813

471
554
463
0

149
142
916

296
249

1732

70
94
535

411
329
3433

1
1
48

22

Source: Statistical Report on results of supervising the settlement of complaints
and denunciations in CP of the PP in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,
2017, 2018
3.3. Assess the role of the PP in settling complaints and denunciations
in Vietnam's criminal procedures today
3.3.1. Awareness of the Procuracy's role in settling complaints and
denunciations in CP
- The Party's views and the State's policies on the Procuracy's role in
settling complaints and denunciations in CP
- People's awareness of the Procuracy's role in settling complaints and
denunciations in CP
3.3.2. The legal mechanism for the Procuracy's role in settling
complaints and denunciations in CP is incomplete
- The law has not yet provided punishment that the Procuracyis able to

apply in case the competent authorities do not comply with the Procuracy's requests
and decisions in the process of settling complaints and denunciations in CP.
- The law has not regulated that the settlement of complaints and
denunciations is a compulsory proceeding.
- The time limit for settling complaints in CP is too short, difficult to
ensure the quality and results of settlement by competent agencies.
- The law recognizes the Procuracy's right to supervise the settlement of
complaints and denunciations against agencies that are assigned to conduct a number of
investigative activities but do not grant the authority to settle denunciations to these
agencies. .
3.3.3. The Procuracy's effectiveness in supervising and settling
complaints and denunciations in CP
From 2009 to 2018, Procuracies at all levels accepted the settlement of
9.151/10.564 complaints and denunciations in the criminal procedure that reached
about 86,6 %, the remaining unresolved cases were still in effect, or complicated
cases took time to verify and conclude; in the same above period,Procuracies at all
levelsconducted investigations of 7.813 times for competent entities to settle
complaints and denunciations in the CP. Of which, directly investigated
4.630 events; applied indirect methods of control: 3,183 times. End of investigating
methods,Procuracies at all levelsissued 3,481 petitions and appeal
written document (3433 written petitions, 48 written appeals) requesting the
competent authority to settle complaints and denunciations in CP to fix,
surmountviolations, reaching 44.5 %, confirming the important role of PP on
settlement of complaints and denunciations in CP ; at the same time, confirming the


18
position of the Procuracy as an agency that directly settle complaints and
denunciations within its competence and has the function of supervising the
settlement of complaints and denunciations in the CP .

3.3.3.1. Restrictions on settling complaints and denunciations in criminal
procedures under jurisdiction
- Firstly, regarding the reception of citizens: There are head of local
Procuracieshave not yet fully received citizens as prescribed; someofficers have
limited capacity; responsibility in receiving citizen has not been emphasized.
- Secondly, regarding the settlement of complaints and denunciations: The
time limit for settlement is still extended; the quality of handling a number of cases
is not in accordance with the law, and not the true nature of the case.
- Thirdly, in terms of management, direction and administration: Leader of
a local Procuracy still underestimates the work of complaints and denunciations
making lack of regular and timely supervision and urging.
3.3.3.2. Restrictions on supervision of compliance with laws on settlement
of complaints and denunciations in CP against other competent entities
- Regarding indirect method: Some local Procuracies apply too many
measures to request a written settlement without applying other effective control
measures, leading to the quality of theindirect controlmethod is mainly in paper and
ineffective;
- Regarding direct method:Having information of violation before
conducting direct inspection is limited, so when entering the inspection, it is still
scattered and not focusing immediately on the violations of the supervised agencies;
In general, direct and indirect inspections stop at detecting violations in the
form of settling complaints and denunciations; The detection of violations in the
content is limited and thus not confirming the important role of PP on settlement of
complaints and denunciations in CP.
3.3.4. The basic causes of limitations in the activities of supervising and
settling complaints and denunciations in criminal procedures
3.3.4.1. Objective reasons
- Policies on economic management and social management are
incomplete, not synchronous, and overlapping, making awareness and application
of legal provisions in this field to resolve criminal cases of the judicial agencies are

inconsistent, leading to wrongconviction; prolonged complaints are mainly related
to these policies.
- The independence of inspection activities and settlement of complaints
and denunciations of the Procuracy has not been assured.
- The officers and procurators performing the function of controlling and
settling complaints and denunciations are insufficient in quantity and limited in
professional qualifications and ethical qualities.
- Due to the limited qualifications of a number of officers who are in
charge of receiving citizens and settling complaints and denunciations, lack of


19
experience, knowledge in both professional and social knowledge, leading to the
reception of people and settling complaints and denunciationsdoes not meet
requirements.
- Awareness of citizens about the role of the Procuracyin supervision of the
settlement of complaints and denunciations isincomplete.
- The awareness of the judicial authorities about the functions,
missions and powers to supervise the compliance of laws on settling complaints
and denunciations is insufficient; making the Procuracy's role in settlement of
complaints and denunciations in the CP has not been promoted.
3.3.4.2. Subjective causes
- The Party's leadership in settling complaints and denunciations in CP has
not been given due attention; priority is mainly given to the goals of economic,
cultural, security and defense development; leadership, investment in facilities,
training to build a team of in-depth professionalprocurators in this field are limited,
which is partly the reason why the Procuracy has not fulfilled its role in resolving
complaints and denunciations in CP.
- Some leaders of the local Procuracies lack of focus on directing the
inspection, urging the control and settlement of complaints and denunciations; the

professional training and guidance of the superior for lower officers have not been
conducted on a regular basis; a number of officers who directly handle complaints
and denunciations also show irresponsibility, have not fully implemented the order
and procedures for settling complaints and denunciations or don’t take and avoid
the tasks.
- A number of Procuracies have not actively coordinated with other
judicial agencies in managing and resolving complaints and denunciations in
the CP, so the settlement of complicated complaints and denunciations related to
many levels and sectors is still confused and passive.
- The leadership, management, direction and administration of the control of the
settlement of complaints and denunciations in the criminal procedures are lack of
regularity in some places and some times, so this work is only formal, not come close to
the content and quality.
- Many professional units of PP at all levels still underestimate the task of
controlling and settling complaints and denunciations in the CP.
- The role of advising and proposing of functional units to help leaders of
the Institute to manage, direct and administer this work is not really active and
profound; still afraid of collision; The urging, coordination, grasping the situation
in the professional units are not high efficiency.
Conclusion of Chapter 3


20
Chapter 4
SOLUTIONS TO ENSURE THE ROLE OF THE PEOPLE’S PROCURACY
ON SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS
IN VIETNAMESE CRIMINAL PROCEDURES
4.1. Necessity and requirements to ensure the role of the PP in settling
complaints and denunciations in CP
4.1.1. The need to ensure the role of the Procuracy in settling

complaints and denunciations in CP
4.1.1.1. Regarding the direct role of settling complaints and denunciations
in CP under its jurisdiction
4.1.1.2. Regarding the role of supervising the compliance with law on
settlement of complaints and denunciations in CP by other competent subjects
4.2. Requirements to ensure the role of the PP in settling complaints
and denunciations in CP
4.2.1. Requirements to build a socialist rule of law state
4.2.1.1. Promote the direct democratic right of the people to participate in
supervising the activities of state agencies
4.2.1.2. Renovate the judiciary to build the socialist rule of law state
4.2.2. Requirements for improving the efficiency and effectiveness of
state agencies' operations
4.2.3. Requirements of integration and globalization trends
4.3. Ensure the role of the PP in settling complaints and denunciations
in criminal procedures
4.3.1. Ensuring the Party's leadership in controlling and settling
complaints and denunciations in criminal procedures
4.3.2. Ensuring the supervision of settlement of complaints and
denunciations
4.3.3. Promote the advantages gained in implementing the role of the PP in
settling complaints and denunciations in criminal procedures
4.3.4. Improve the law
4.3.3.1. Perfecting the law on complaints and denunciations in criminal
procedures
* Regarding complaints:
- Expand the right to appeal in Article 471 of the Criminal Procedure Code to
promote the protection of human rights. Specifically, for cases having expired effective time
but there are clear basis for an injustice, wrong conviction or omission of crimes, the
competent agencies must accept them for settlement.

- Amending and supplementing the provisions of Articles 475, 476, 477 of
the Criminal Procedure Code to increase the effective time for the subsequent appeal
from 3 days to 7 days ; amending the regulations on time-limit for settling a


21
complaint (from the date the complaint is received) instead of from the date the
complaint is accepted; at the same time , increase the time limit for settling
complaints of the next competent person (second time) and for some complicated
cases, it takes time for verification and clarification .
- It is necessary to decentralize and clearly define the responsibility to
directly receive citizens and settle complaints of the Head of Procuracy, Deputy
Head
of
Procuracy,
Procurators, Heads
of complained
proceeding
professional units in order to avoid tasks or appointing incompetent officers who
is unable to receive citizens to handle cases, leading to pressing and prolonged
complaints.
* Regarding denunciations:
- Amend and supplement Article 481 of the Criminal Procedure Code in
the following direction: Set a shorter time limit for settling denunciations to suit the
legal proceedings (from 30 days to 20 days; from 60 days to 30 days for the
complex case); Particularly, the time limit for settling denunciations related to acts
of arrest, custody and temporary detention needs to be increases from 3 to 7 days
to ensure the verification and conclusion of the case .
- Need to develop a Law on Complaints and Denunciations on Justice
- Additional provisions on complaints and denunciations and settlement of

complaints and denunciations to those who have not had judiciary titles who join
with judicial officers to examine the crime scene and interrogate ...;
4.3.3.2. Completing the law recognizing the role of the PP in settling
complaints and denunciations in CP
Firstly, the aspect of directly settling complaints and denunciations in CP
falls under its jurisdiction.
- Supplement to the Criminal Procedure Code provides that the Procuracy
has the right to propose handling of responsibility to the direct superior agency of
the complainant, who is the Head of the investigating body; The head of the agency
assigned with the task of conducting a number of investigating activities in case of
non-performance, or inadequate or untimely implementation of the settlement of
complaints by a competent Procuracy.
- Codification of the reappraisal of legally effective decisions on complaint
settlement decisions in a number of cases specified in Decision No. 51 / QDVKSTC-V12 of February 2, 2016 of the PP's Head of The Supreme Court is
attached to the Regulation on reception of citizens, settlement of complaints and
denunciations and control of the settlement of complaints and denunciations in
judicial activities.


22
Secondly is the aspect of supervising the compliance with law on
settlement of complaints and denunciations in CP by other competent subjects.
- Developing criteria to determine the ultimate purpose of resolving
complaints and denunciations is not merely a "complaint" resolution, but a form of
reviewing the objectivity and basis of the decision and acts in CP.
- Criminal Procedure Code needs to be supplemented regulations in the
direction that the competent entities settling complaints and denunciations receive
complaints and denunciations within their competence must concurrently notify the
Procuracy to check. Supervise the settlement of such complaints and
denunciations; at the same time , set a time limit for these subjects to fulfill their

responsibilities to the Procuracy’s requests.
- Removing the provision that the Procuracy is responsible for supervising
the settlement of denunciations by the agency tasked to conduct a number of
investigating activities (Article 483 of the Criminal Procedure Code in
2015); because the law does not stipulate that the agency assigned to conduct
certain investigative activities deal with the accusation of legal proceedings
committed by the person assigned to conduct a number of investigating activities.
4.3.5. Ensure the independence in the activities of supervising and
settling complaints and denunciations in criminal procedures; at the same
time, reform the organizational structure of the advisory unit for supervising and
settling complaints and denunciations in a specialized manner, ensuring
objectivity.
4.3.6. Invest in material facilities, consolidate the organization of
inspection and settle complaints and denunciations of the People's Procuracy
- About consolidating the organization and apparatus
- About investment in material facilities
4.3.7. Strengthen inspection and examination of responsibilities for
carrying out supervision and settlement of complaints and denunciations in
criminal procedures
Inspection and examination of responsibility for supervision and settlement
of complaints and denunciations should be carried out by the following measures:
Firstly, the superior Procuracy builds up inspection programs, plans on
subordinate Procuracies by the form of comprehensive inspection, specialized
inspection or irregular inspection.
Secondly, direct thoroughly the implementation of conclusions and
decisions after inspection and examination in the following aspects: handling
or petitioning to strictly handle those who violate the law on complaints and
denunciations in the CP; at the same time, taking measures to orient and

23
overcome existing problems to strictly implement the legislation on
complaints and denunciations in the CP .
4.3.8. Raise awareness of Procecuratorial officers about the importance of
supervision and settlement of complaints and denunciations in CP
Due to incomplete awareness about the importance of the work of
supervising and settling complaints and denunciations in CP, the inspection of
superior Procuracy to the subordinate procuracies shows some Procuracies usually
focuses on other tasks other than really pays attention to the supervision and settlement
of complaints and denunciations. Lack of close direction of the leader of
Procuracy leads to letters moving around and around or advoid settlement, especially in
case requiring cooperation of function units or the superior to subordinates.
4.3.9. Strengthening the coordination between the PP and other judicial
agencies in settling complaints and denunciations in CP
Conclusion of Chapter 4
CONCLUSION
The Constitution and laws of our State that recognize the rights of citizens to
complain and denounce and the responsibility of the State agencies to consider and
settle, demonstrated the good nature of the socialist regime in Vietnam in
assuring human rights and democratic rights. Although the law of our country
has recognized the right to lodge complaints and denunciations and the
responsibility of competent agencies to settle complaints and denunciations,
and the responsibility to inspect and supervise the settlement of functional
agencies, theoretical and practical bases have not been scientifically and
systematically studied, leading to no effective mechanism for making
complaints and denunciations and settling complaints and denunciations into
real life to ensure efficiency. Complaints, denunciations and settlement of
complaints and denunciations in the CP are not exceptional from that general
situation.
PP with functional right to prosecute and control judiciary activities, which

plays a very important role in the settlement of complaints and denunciations
in CP is expressed in terms of the direct settlement of complaints, denunciations in
legal proceedings within the scope and control of the compliance with the law on
settlement of complaints and denunciations in the CP of other competent entities in
order to protect the law and ensure the serious and unified observance of the
law. During the time, PP played well its role in settling complaints and
denunciations in CP that contributed in stabilizing the political situation, social
order and security, activley serving the innovation path of the Party. However,