The People's Procuracy is Vietnam's prosecution service, but it does more than prosecute: it also supervises the legality of judicial activities, from police investigations and detention to court proceedings and the enforcement of judgments. In a criminal matter it decides whether to charge and represents the state at trial. In civil, commercial and administrative cases it can attend certain hearings and challenge judgments it considers unlawful.
Foreigners often expect a prosecutor to appear only in criminal courts, so meeting a procurator in a contract dispute or an enforcement complaint can be confusing. This article explains how the procuracy is organised after the 2025 reform, what its two core functions mean in practice, and when a foreign individual or company is likely to deal with it. It describes the system neutrally and is not a guide to any specific case.
Two functions under one roof
The Constitution gives the procuracy two functions. The first is exercising the right to prosecute, which in Vietnamese is called cong to. That covers the criminal process from the moment a crime is reported through investigation, charging and trial. The procuracy approves or rejects certain measures requested by investigation agencies, decides whether to issue an indictment and argues the case in court.
The second function is supervising judicial activities, known as kiem sat hoat dong tu phap. Here the procuracy acts as a watchdog over the legality of how other bodies work: whether investigators follow procedure, whether detention facilities respect the law, whether courts handle civil and administrative cases correctly, and whether enforcement agencies carry out judgments properly. This supervisory role is a legacy of the socialist legal tradition and has no exact equivalent in most common-law systems.
The combination makes the procuracy a powerful institution. It is independent from the courts and the police in organisation, reports to the National Assembly, and is led by the Procurator General, who is elected by the Assembly. Lower-level chief procurators are appointed within the procuracy's own hierarchy.
How the procuracy is organised after 2025
The procuracy mirrors the structure of the courts so that each court has a corresponding procuracy. When the courts were restructured in 2025, the procuracy followed.
| Level | Corresponds to | Typical work |
|---|---|---|
| Supreme People's Procuracy | Supreme People's Court | National direction; protests for cassation and reopening; guidance to lower procuracies |
| Provincial-level People's Procuracies | Provincial-level courts in the 34 provinces and centrally run cities | Appeal-level work; serious cases assigned by law; supervision within the province |
| Regional People's Procuracies | Regional People's Courts | Most first-instance prosecution and supervision of local investigation and enforcement |
| Military procuracies | Military courts | Matters within the military justice system |
Like the district courts, the former district-level procuracies and the high-level procuracies that matched the abolished high courts no longer exist under these names. Older documents that mention them should be read as referring to the procuracy now competent, which a licensed lawyer or the procuracy's reception office can confirm.
Each procuracy has a reception point for citizens and organisations, where complaints, denunciations and petitions can be submitted. Written submissions in Vietnamese, with copies of supporting papers and a clear statement of what you are asking for, are processed more reliably than oral requests. Keep proof of submission, because the response deadlines that apply to complaints are counted from the date the procuracy receives your paper.
The procuracy in a criminal case
At the start. Crime reports and denunciations are received by investigation agencies and also by the procuracy, which supervises how they are processed. The procuracy can require investigators to verify information or start proceedings.
During investigation. Investigation agencies, mostly within the police, gather evidence. Certain coercive measures, such as some forms of arrest and temporary detention, require the procuracy's approval. The procuracy checks that the legal grounds exist and that procedures were followed.
At charging. When the investigation ends, the procuracy decides whether to issue an indictment, return the file for additional investigation, or suspend or terminate the case. This is one of the most consequential points in the process.
At trial. A procurator presents the indictment, questions the accused and witnesses, and argues for conviction and sentence. Defence lawyers respond, and the trial panel decides.
After judgment. The procuracy may appeal through a protest if it considers the judgment wrong, whether too lenient or too severe or legally mistaken, and it supervises how sentences are executed.
The procuracy in civil, commercial and administrative cases
In non-criminal cases, the procuracy is not a party and does not represent either side. Its role is to supervise legality. Procurators review files, and the law requires their participation in certain hearings, for example where the court collects evidence on its own initiative, where the subject matter involves public assets or public interest, or where a party is a minor or a person with limited capacity. In other civil cases, the procuracy supervises through documents rather than attending.
The tool that matters most is the protest. If the procuracy considers that a judgment or decision violates the law, it can protest under the appeal procedure, and after the judgment becomes final, competent chief procurators can protest for cassation or reopening. For a foreign party that lost a case and believes the judgment is legally wrong, a petition to the procuracy is one of the routes to request such a review alongside a petition to the court. Neither route guarantees a review, and the timing rules are strict, so act quickly and with legal advice.
The procuracy also supervises civil judgment enforcement. If a judgment in your favour is not being enforced, or enforcement against you appears to violate procedure, a complaint to the enforcement agency comes first, and the procuracy's supervision provides an additional check.
Checks and balances inside the justice chain
The Vietnamese criminal process is built around three bodies that are meant to check one another: investigation agencies collect evidence, the procuracy supervises them and decides on prosecution, and the courts judge. When the system works as designed, an arrest without proper grounds should not be approved, an indictment without enough evidence should be returned, and a court should acquit or send the file back if the case is weak. Defence lawyers use these checkpoints, requesting that the procuracy review a measure or that the court return a file for further investigation.
The procuracy is itself subject to supervision. It reports to the National Assembly, and complaints about a procurator's decisions can be made to the chief procurator at the same level or to the procuracy at the level above, depending on the decision. Where a criminal offence by a judicial official is suspected, such as abuse of power in an investigation, the Supreme People's Procuracy has an investigation body of its own for that category of crime.
For an outsider, the lesson is that a decision at one stage is rarely the last word. A refusal by an investigation agency to accept a crime report, for example, can be raised with the supervising procuracy, and a procuracy decision can often be challenged within the hierarchy. Each route has its own form and time limit, which a licensed lawyer can explain for your situation.
Common misconceptions about prosecutors in Vietnam
Assumptions imported from other systems can lead to poor decisions. These are the ones most worth correcting.
- Plea bargaining works as it does in the United States. Vietnam does not have an American-style plea bargaining system; cooperation and confession can be mitigating circumstances in sentencing, but that is decided under the Criminal Code, not by private deal.
- A prosecutor only cares about criminal cases. Supervision of civil, administrative and enforcement work is a core function, not a side task.
- Dropping a complaint ends any criminal case. For a limited group of offences, prosecution depends on the victim's request and can stop if it is withdrawn; for most offences, the case continues regardless of the victim's wishes.
- The procuracy can be approached informally to settle things. All contact should go through proper written channels or your lawyer; informal offers risk being treated as bribery.
- An indictment means the outcome is decided. The trial panel decides guilt and sentence after hearing both sides, and it can acquit, convict of a lesser offence or return the file for further investigation.
When a foreigner is likely to deal with the procuracy
Most expats and foreign companies will never meet a procurator. These are the situations in which contact becomes more likely.
- You are a victim of a crime, such as fraud or theft, and the case moves toward prosecution; victims have procedural rights, including access to certain information and the right to have a lawyer protect their interests.
- You or an employee are suspected or accused in a criminal matter; the procuracy approves key measures and decides on charging, and your lawyer will deal with it directly.
- You are a party in a civil case where the law requires the procuracy to take part in the hearing.
- You want to request cassation or reopening review of a final judgment and decide to petition the procuracy as well as the court.
- You believe a civil judgment is not being enforced lawfully and want to bring the matter to the supervising procuracy after complaining to the enforcement agency.
- Your company is asked to provide information in an investigation supervised by the procuracy.
In each case, the safe pattern is the same: stay calm, ask in writing what is requested and on what legal basis, provide what the law requires through proper channels, and involve a licensed lawyer early. Your embassy or consulate can also be informed in criminal matters, and consular notification rules may apply.
When you need a Vietnamese lawyer
Any contact with the criminal process calls for a licensed Vietnamese criminal lawyer, immediately and before you give detailed statements, unless you choose otherwise with full understanding. The right to a defence counsel exists from early in the process, and a lawyer can request documents, attend questioning in the situations allowed by law and communicate with the procuracy about measures and charges. Do not try to negotiate a criminal matter informally; it can be misread as an improper offer and make things much worse.
In civil matters, a lawyer can tell you whether the procuracy is likely to take part, how to frame a petition for review, and whether the time limits still allow it. Because procuracy practice differs between localities and changed with the 2025 reorganisation, rely on someone who handles these matters regularly rather than on general descriptions, including this one. If you are unsure where to begin, you can describe your situation to a lawyer on AI Co Van (aicovan.com) for initial orientation, then confirm every step with a licensed lawyer.
Frequently asked questions
What is the difference between the police and the procuracy in Vietnam?
Investigation agencies, mostly within the police, gather evidence in criminal cases. The People's Procuracy supervises the legality of that work, approves certain coercive measures, decides whether to issue an indictment and prosecutes at trial. It is a separate institution that reports to the National Assembly.
Does the procuracy take part in civil cases?
Yes, in a supervisory role. It is not a party, but the law requires procurators to attend certain civil hearings, and the procuracy reviews files and may protest judgments it considers unlawful, under the appeal procedure or later by cassation or reopening.
Can I ask the procuracy to review a final court judgment?
You can petition the competent chief procurator to consider a protest for cassation or reopening, in addition to petitioning the court. There is no guarantee of a review, and strict time limits apply, so it is important to act promptly with a licensed lawyer's help.
How is the procuracy organised after the 2025 reform?
It mirrors the courts: the Supreme People's Procuracy, provincial-level procuracies in the 34 provinces and centrally run cities, regional procuracies matching regional courts, and a separate military procuracy system. District-level and high-level procuracies no longer exist under those names.
What should a foreigner do if contacted by the procuracy?
Ask politely, preferably in writing, what is requested and on what legal basis, and contact a licensed Vietnamese lawyer before giving detailed statements. In criminal matters you may also contact your embassy or consulate. Never offer money or favours to resolve the matter.
Who leads the People's Procuracy?
The Supreme People's Procuracy is headed by the Procurator General, who is elected by the National Assembly and reports to it. Chief procurators at lower levels are appointed within the procuracy's hierarchy, which operates separately from the courts and from local government.