Plan to pilot the Procuracy to prosecute civil cases in 6 provinces and cities

On the afternoon of April 16, the National Assembly Standing Committee gave its opinion on the draft Resolution of the National Assembly on piloting the People's Procuracy to file a civil lawsuit to protect the civil rights of vulnerable groups or protect public interests.

Presenting the report, Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien said that Article 87 of the 2015 Civil Procedure Code stipulates that the protection of civil rights of subjects who are vulnerable groups or protect public interests through civil lawsuits is assigned to agencies, organizations and individuals.

However, in practice, in the past, agencies, organizations and individuals have not implemented, not fully or effectively fulfilled their responsibilities, leading to State interests, public interests, and legitimate rights and interests of vulnerable groups not being effectively protected according to the provisions of law.

The reason given by the Chief Justice of the Supreme People's Procuracy is that agencies and organizations do not have enough resources, capacity, and experience to participate in litigation; the law has not yet regulated the mechanism to ensure that agencies, organizations, and individuals can effectively exercise the right to file civil lawsuits in these cases.

The Supreme People's Procuracy found that the development of a National Assembly Resolution on piloting the People's Procuracy to file a civil lawsuit in public interest cases is an urgent case to resolve problems arising in practice.

The VKSND proposed to allow the development of a pilot resolution according to a shortened order and procedure to meet practical requirements.

Regarding the effectiveness of implementation, the agency drafting this resolution takes effect from January 1, 2026 and will be implemented for 3 years in the following provinces and cities: Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh, Dak Lak, unless the National Assembly has another decision.

According to Mr. Nguyen Huy Tien, this pilot does not create new staff positions and organizational structure.

On behalf of the inspection agency, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Standing Committee of the Committee agreed with the necessity of issuing a resolution. However, it is recommended that the drafting agency supplement the opinion document of the Government and the Supreme People's Court to ensure adequate documents according to regulations.

The inspection agency also agreed with the determination of subjects in vulnerable groups and the protection of public interests as in the draft resolution.

In addition, to ensure strictness, it is recommended that the drafting agency continue to research and clarify the concept of "public interest" with the concepts of national, ethnic interests, State interests, public interests to fully cover and unify with other laws.

In addition, the inspection agency also proposed to review some cases in vulnerable groups such as: People with limited civil act capacity, ethnic minorities living in areas with difficult socio-economic conditions.

According to Mr. Tung, the draft resolution stipulates the authority of the People's Procuracy in checking, verifying, and collecting documents and evidence, in which many contents are under the authority of the court.

Giving opinions at the meeting, Politburo member and National Assembly Chairman Tran Thanh Man suggested that a pilot resolution should be issued with conditions such as building a legal framework to be clear, and clearly defining the scope, subjects, and fields of application.

For example, environment, food safety, rights of minors, right to lawsuit, court coordination mechanism.

The National Assembly Chairman said how to comply with the Civil Procedure Code that we are implementing and related legal documents.

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