In a significant move towards enhancing the efficiency of Vietnam's judicial system, the Supreme People's Procuracy, led by Chief Procurator Nguyễn Huy Tiến, has presented a draft law aimed at amending and supplementing certain provisions of the Law on Organization of the People's Procuracy. This proposal, which was discussed on May 7, 2025, includes the modification of 39 existing articles, the addition of one new article, and the repeal of three articles related to the high-level procuracy.
The draft law outlines crucial adjustments to the functions and powers of the People's Procuracy, particularly concerning administrative penalties for actions that obstruct legal proceedings. Specifically, it proposes an amendment to Article 4, Section 3, which would clarify the authority of the procuracy in handling such cases.
Additionally, the draft law aims to streamline the structure of the People's Procuracy, reducing its operational model from four levels to three. This restructuring aligns with the directives from the Central Committee, the Politburo, and the Secretariat, which have emphasized the need for a more efficient organizational framework.
Among the key changes, the law will introduce provisions for the roles of investigative officers and forensic experts, ensuring that these positions are consistent with the Law on Organization of Criminal Investigation Agencies and the Law on Judicial Expertise. Furthermore, it proposes a revision of Article 93 to clarify the authority to determine total staffing levels, ensuring compliance with the Politburo's Resolution No. 70-QĐ/TW regarding the management of personnel within the political system.
One notable adjustment is the increase in the maximum number of procurators at the Supreme People's Procuracy from 19 to 27. This increase is intended to ensure adequate human resources for fulfilling prosecutorial duties and overseeing the activities of the Supreme People's Court's Council of Judges.
During the discussion, Hoàng Thanh Tùng, Chairman of the Law and Justice Committee of the National Assembly, expressed support for the necessity of amending the Law on Organization of the People's Procuracy. He noted that the legislative proposal has met the requirements for submission to the National Assembly for consideration under a streamlined procedure.
However, Tùng also highlighted that while the draft law has been refined to expand its scope and amend significant aspects related to the role of procurators, there is a need for clearer explanations regarding the political and practical foundations for these proposed changes. He urged the drafting agency to closely adhere to the provisions of the Law on Promulgation of Legal Documents, particularly regarding the basis for law construction under expedited procedures.
In a related development, the Minister of Home Affairs, Phạm Thị Thanh Trà, announced that the government is preparing to submit standards for classifying administrative units to the National Assembly's Standing Committee. This classification will categorize provincial-level units into direct-controlled cities, and provinces of types 1, 2, and 3, depending on their development conditions.
Trà emphasized the urgency of amending and supplementing the laws governing civil servants and local government organization in light of the ongoing efforts to streamline administrative structures and reduce personnel. She noted that there are currently 99 tasks and powers assigned to local governments at the district level. Following the dissolution of district-level administrative units, 90 of these tasks will be transferred to the commune level, leaving only nine tasks at the provincial level.
Each type of local government, whether urban or rural, will see an enhancement of functions, tasks, and powers in accordance with their capabilities. In particular, special administrative units will have additional tasks and powers that reflect their unique characteristics.
In conjunction with these changes, the Ministry of Home Affairs is expected to implement mechanisms and policies that will allow for further enhancements to special administrative units, enabling them to serve as robust defense areas while promoting socio-economic development.
Trà also pointed out that the current issues surrounding decentralization and delegation of authority are significant bottlenecks in governance. She revealed that 170 out of 186 specialized laws currently define the functions and tasks of district councils. Following the enactment of the Law on Organization of Local Government, the government plans to issue approximately 25 decrees regarding decentralization and delegation of authority.
On May 9, 2025, the Ministry of Home Affairs will finalize a report to submit to the Politburo regarding the implementation of decentralization and delegation of authority, adhering to the principle that "localities decide, localities implement, and localities are responsible."
Regarding the standards for classifying administrative units, Trà stated that the ministry will present these standards to the National Assembly's Standing Committee with a focus on inheritance, innovation, and development. For instance, provincial administrative units will be classified into direct-controlled cities and provinces of types 1, 2, and 3, based on their development conditions. Similarly, commune-level units will also be categorized into types 1, 2, and 3, as will special administrative areas and rural regions.
Trà emphasized that this classification aims to facilitate governance and stimulate development, ultimately providing a greater impetus for the nation's growth.
In a notable shift, the draft law on civil servants has established a clear role for job positions within the civil service framework. Trà noted that the classification of civil servant ranks is a crucial technical tool for distinguishing levels within the civil service. While the current system will be maintained, it is recognized as a technical means of differentiation rather than a rigid hierarchy.
Trà concluded by stating that the proposed elimination of the one-year probation period for civil servants is likely to be well-received by the civil service community. She believes that this change, along with the move towards decentralized input assessments for civil servants, will help streamline processes and reduce opportunities for corruption.