The National Assembly passed a Resolution on piloting the People's Procuracy initiating civil lawsuits.

(Chinhphu.vn) – On the morning of June 24, the National Assembly voted to pass a Resolution on piloting the People's Procuracy in initiating civil lawsuits to protect the civil rights of vulnerable groups or protect public interests, with 407/423 National Assembly deputies participating in the vote in favor.

National Assembly deputies voted to pass a Resolution on piloting the People's Procuracy initiating civil lawsuits to protect the civil rights of vulnerable groups or to protect public interests.

Resolution on piloting the People's Procuracy in initiating civil lawsuits to protect the civil rights of vulnerable groups or to protect public interests 4 Chapters, 19 Articles.

The Resolution stipulates the pilot of the People's Procuracy initiating civil lawsuits to protect the civil rights of vulnerable groups or to protect public interests when there is no one to initiate a lawsuit (public interest civil cases).

At the same time, it applies to the People's Procuracy (Procuracy), People's Court (Court), agencies, organizations and individuals involved in initiating lawsuits and resolving public interest civil cases.

In principle, the initiation and settlement of public interest civil lawsuits shall be carried out in accordance with this Resolution; in cases where this Resolution does not provide for such, the provisions of the Civil Procedure Code and other relevant legal provisions shall apply.

The Procuracy shall only initiate a lawsuit when it has notified and recommended that agencies, organizations and individuals exercise their rights and responsibilities to initiate a lawsuit according to the provisions of law, but no one initiates a lawsuit.

Public interest civil cases initiated by the Procuracy to protect public interests cannot be mediated and the defendant cannot make a counterclaim.

Relevant agencies, organizations and individuals are responsible for coordinating with the Procuracy and the Court when the Procuracy and the Court perform the tasks and powers prescribed in this Resolution and other relevant legal provisions.

In case the Procuracy initiates a lawsuit, that is, through receiving information from the sources specified in Clauses 1, 2 and 4, Article 10 of this Resolution, the Procuracy conducts an inspection, verification and determines that there is a violation causing damage to the civil rights of subjects in vulnerable groups or public interests, after notifying the relevant subjects, making recommendations to the agencies, organizations and individuals with the right and responsibility to initiate a lawsuit according to the provisions in Clause 2, Article 13 of this Resolution but there is no one to initiate a lawsuit, the Procuracy initiates a lawsuit.

In the process of resolving a case or incident, if the Procuracy discovers a violation causing damage to the civil rights of a vulnerable subject or public interest but cannot resolve it in the same case or incident, after notifying the relevant subject and making recommendations to the agency, organization or individual with the right and responsibility to initiate a lawsuit as prescribed in Clause 2, Article 13 of this Resolution but there is no one to initiate a lawsuit, the Procuracy shall initiate a lawsuit...

Previously, presenting a report on the reception, explanation and revision of the draft Resolution, Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien said that, regarding the scope of regulation and subjects of application, accepting the opinions of the National Assembly Standing Committee, the provisions on protecting public interests regarding "cultural heritage" were added. The scope of regulation of the draft Resolution was stated in the Project submitted to the Politburo and during the development process, there was coordination with relevant agencies and organizations.

Regarding specific issues, the Supreme People's Procuracy will continue to closely coordinate with the Supreme People's Court and relevant agencies and organizations to research and provide detailed regulations in the Joint Circular guiding the Resolution to ensure proper implementation of the current law-making spirit.

Regarding the principles of implementation and cases in which the Procuracy initiates a lawsuit, according to the provisions of the Civil Procedure Code (Article 187), the protection of public interests and civil rights of vulnerable subjects through initiating civil lawsuits is the responsibility of agencies, organizations and individuals.

However, in practice, agencies, organizations and individuals have not implemented it effectively, leading to the fact that the interests of the State, public interests, and the legitimate rights and interests of vulnerable groups have not been protected; there are very few lawsuits that these agencies have conducted. Therefore, the People's Procuracy has reported and been allowed by the competent authority to pilot the mechanism: the People's Procuracy initiates a civil lawsuit in case of violations causing damage to the civil rights of subjects in vulnerable groups or public interests.

At the same time, according to the principle: The Procuracy only initiates a lawsuit when it has notified and recommended that agencies, organizations, and individuals exercise their rights and responsibilities to initiate a lawsuit according to the provisions of law, but there is no one to initiate a lawsuit (Article 2 of the Draft Resolution).

The Procuracy initiates a civil public interest lawsuit to protect the civil rights of vulnerable subjects when the person whose civil rights are violated or their legal representative cannot initiate a lawsuit on their own and requests the Procuracy to initiate a lawsuit; in cases where there is a basis to determine that their failure to request is due to deception, threats, coercion or confusion, the Procuracy shall consider and decide on the initiation of a lawsuit (Article 14 of the draft Resolution).

The mechanism for the People's Procuracy to initiate civil and public interest lawsuits does not overlap or conflict with the mechanisms for criminal and administrative handling; initiating civil and public interest lawsuits does not exclude or eliminate administrative handling and criminal handling if there is a basis. Criminal handling or administrative handling (if any) for violations must still be considered and handled according to the law. In cases where liability for compensation for damages arises and has been completely resolved in that criminal or administrative case or incident, the People's Procuracy shall not initiate a lawsuit.

The purpose of the People's Procuracy's mechanism for initiating public interest civil lawsuits is to protect the civil rights of vulnerable groups or to protect public interests when there is no one to initiate a lawsuit...

Nguyen Hoang

Source: https://baochinhphu.vn/quoc-hoi-thong-qua-nghi-quyet-ve-thi-diem-vien-kiem-sat-nhan-dan-khoi-kien-vu-an-dan-su-102250624153433102.htm