The resolution, which was adopted by the N.A. on June 24, will take effect on January 1, 2026 and will be piloted for three years in Hanoi, Ho Chi Minh City, Da Nang, Can Tho, Quang Ninh, and Dak Lak.
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N.A. Chairman endorses resolution piloting procuracy’s initiation of civil lawsuits. |
It specifies that the initiation and settlement of public civil cases shall be conducted in accordance with this Resolution.
In cases where it does not provide specific guidance, provisions of the Civil Procedure Code and other relevant laws shall apply. The procuracy may only initiate lawsuits after notifying and recommending relevant agencies, organizations, or individuals to exercise their rights and responsibilities to initiate lawsuits under the law, but no one has done so.
Civil lawsuits initiated by the procuracy to protect public interests shall not be subject to mediation, nor can the defendant file a counterclaim. Related agencies, organizations, and individuals are obliged to cooperate with the procuracy and the court when they carry out their duties and powers as prescribed by this resolution and other relevant laws.
Regarding jurisdiction over civil lawsuits for public interests, the resolution stipulates that the district procuracy corresponding to the district court with jurisdiction over the first-instance hearing of the civil case shall have the right to initiate the lawsuit.
In complex cases involving significant damages, occurring across multiple districts, involving foreign factors, or when deemed necessary, the provincial procuracy may initiate lawsuits or conduct inspections, verifications, and evidence collection before assigning the district procuracy to initiate the lawsuit.
For cases that are highly complex, involve very huge damage, span multiple provinces or cities, affect national security or foreign affairs, or when considered necessary, the Supreme People’s Procuracy may initiate lawsuits or conduct inspections, verifications, and evidence gathering before assigning the lower-level procuracy to initiate the lawsuits.
The resolution also defines the procuracy’s responsibilities and powers, including receiving and handling information about violations of civil rights of vulnerable groups or public interests; inspecting, verifying, collecting information, documents, and evidence; requesting the court to apply urgent interim measures to protect civil rights and property, ensure evidence collection and protection, and secure case settlement or enforcement.
Additionally, the procuracy may request agencies, organizations, or individuals to cease violations and take measures to prevent or remedy consequences; suspend or resume inspections and verifications; notify and recommend competent agencies, organizations, or individuals with the right and responsibility to initiate lawsuits; and support litigation.
The resolution also stipulates other responsibilities and powers, such as initiating civil lawsuits for public interests, exercising the rights and obligations of plaintiffs during litigation, supervising compliance with the law in case resolution, and exercising rights to request, recommend, and appeal in accordance with the Civil Procedure Code.
Source: VNA