Pilot Prosecution to Protect Vulnerable Groups, Public Interest

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien speaks at the meeting.

On the morning of June 24, the National Assembly passed 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 delegates voting in favor.

This Resolution provides for the piloting 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 (hereinafter referred to as public interest civil lawsuits).

This Resolution applies to the People's Procuracy (hereinafter referred to as the Procuracy), the People's Court (hereinafter referred to as the Court), relevant agencies, organizations and individuals 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.

According to Article 3 on the interpretation of terms, vulnerable groups include:

a) Children as prescribed by the Law on Children;

b) Elderly people as prescribed by the Law on the Elderly;

c) Persons with disabilities as prescribed by the Law on Persons with Disabilities;

d) Women who are pregnant or nursing children under 36 months old;

d) People with difficulty in cognition, behavior control and people who have lost civil act capacity according to the provisions of the Civil Code;

e) Ethnic minorities residing in areas with particularly difficult socio -economic conditions as prescribed by law.

Public interests include public interests and State interests in the following areas:

a) Public investment;

b) Land, resources, other public assets;

c) Ecological environment;

d) Cultural heritage;