Vietnam Proposes Consolidating Investigative Authority from Prosecutors to Police

The Vietnamese government has proposed a draft law amendment to abolish the investigative bodies of the Supreme People's Procuracy (VKSND Tối cao) and transfer their investigative authority to the Ministry of Public Security (Bộ Công an), which is responsible for domestic security. This proposal was submitted to the Standing Committee on September 2, 2024, as part of the ongoing deliberations in the National Assembly regarding the Criminal Procedure Code. If the draft law is approved, the functions of the Supreme People's Procuracy's investigative bodies will be transferred to the investigative security agencies under the Ministry of Public Security. Similarly, the investigative authority of the Central Military Procuracy will be transferred to the investigative security agencies under the Ministry of National Defence. Furthermore, investigative agencies under the Ministry of Public Security and the Ministry of National Defence are expected to be granted broader investigative powers for various crimes, based on directives from their respective ministers. The government explains that this reform aligns with the principle of "one matter, one lead agency" and aims to resolve the current "bloated" and "overlapping" nature of investigative agencies. However, the Supreme People's Procuracy expressed its opinion in April 2025, requesting the maintenance of the current investigative bodies. The prosecution argues that through its function of overseeing judicial activities, its investigative agencies play a crucial role in detecting and handling crimes that occur within judicial proceedings. Specifically, they contend that the detection of misconduct and corruption involving officials from investigative bodies, courts, procuracies, and enforcement agencies is essential for maintaining checks and balances on judicial power. Under the current Vietnamese legal system, the procuracy holds the dual role of overseeing court decisions and conducting its own investigations. The impact of this dual function – "investigation and oversight" – on the separation of powers and the assurance of judicial independence will be a key focus going forward.