A draft proposal seeks to dismantle the Supreme People’s Procuracy’s Investigation Agency and transfer its powers to the Ministry of Public Security.
The Latest: On the morning of Aug. 20, the National Assembly’s Committee on Legal and Judicial Affairs offered its assessment of the draft revised Law on the Organization of Criminal Investigation Agencies.
- Acting as the reviewing body, the committee officially backed a proposal from the Ministry of Public Security (MPS) to abolish the Investigation Agency of the Supreme People’s Procuracy.
- Under the draft proposal, police and military investigation agencies would take over the investigative authority previously held by the Supreme People’s Procuracy.
- The draft revised Law on the Organization of Criminal Investigation Agencies is expected to be submitted to the 16th National Assembly for consideration and passage at its second session in October 2026.
- If approved, it would take effect March 1, 2027.
The Details: The draft legislation would authorize the ministers of public security and national defense to issue detailed rules governing the organization and structure of the new investigative agencies.
- While supporting the abolition of the agency, committee chair Phan Chí Hiếu asked the MPS to study ways to address the difficulties and obstacles that could arise from the transition.
The committee stated that the draft should clearly specify the following:
- How and when cases would be transferred
- The responsibilities of each agency
- The principles for handling pending cases.
Furthermore, the committee stated that the drafting agency should strengthen mechanisms for assigning responsibilities, coordinating work, and checking the exercise of investigative power.
Mixed Reactions: The MPS’ proposal has drawn divided reactions. Many people have opposed the change, while others have questioned the current agency’s effectiveness and supported its abolition.
- Atty. Hoàng Hà stated that abolishing the agency could resolve the conflict created by its dual role of “conducting investigations and supervising investigations.”
- However, he noted that transferring authority to the MPS would not necessarily make investigations more objective; the conflict of interest could simply shift from the Supreme People’s Procuracy to the ministry, particularly when police officers are under investigation.
- Atty. Trần Đại Lâm raised this question: “If the Supreme People’s Procuracy’s Investigation Agency makes serious errors or fails to prosecute offenders, would procurators—their colleagues within the same system—be independent enough to reject the entire investigation?”
- He also stated that some lawyers’ support for retaining the agency “stems primarily from the view that, institutionally and under theories of checks on power, the agency needs to exist regardless of how effective it currently is in practice.”
The Background: On April 2, 2025, the MPS submitted the draft revised law to the government, proposing for the first time that the Supreme People’s Procuracy’s Investigation Agency be abolished.
- The ministry argued that allowing the Supreme People’s Procuracy to investigate, prosecute, and supervise judicial activities created overlapping authority and failed to ensure objectivity.
Soon afterward, the Supreme People’s Procuracy issued a written request to retain the current system to ensure “objectivity and independence.”
- Despite this, the government agreed to abolish the agency on April 15.
- Subsequently, on July 6, 2026, the MPS published the draft for public comment through July 26, retaining the proposal to abolish the Supreme People’s Procuracy’s Investigation Agency.
Relevant Statistics: From Jan. 1, 2018, through March 31, 2026, the Supreme People’s Procuracy’s Investigation Agency handled 390 cases involving 700 defendants.
- This accounted for 0.04% of all investigative activity, according to official statistics.
- These included 187 cases involving the police, 44 involving the courts, 24 involving the procuracy system, and 81 involving civil judgment enforcement agencies.
The Agency has historically prosecuted and investigated numerous cases involving offenses against judicial activities, corruption, and abuse of office. Notable cases include the following:
- April 2025: The agency charged and detained a deputy department head at the Supreme People’s Procuracy on suspicion of brokering bribery.
- January 2026: The agency charged and detained the former chief judge of the High People’s Court in Đà Nẵng on suspicion of accepting bribes.
- March 2026: The agency charged and detained investigators involved in the case of a driver who struck and killed a female student in Vĩnh Long.
- They were accused of “failure to prosecute a guilty person” after the Supreme People’s Procuracy had previously suspended efforts to hold Trà Ôn police in Vĩnh Long province criminally liable on two occasions.
Why It Matters: Under the new proposal, the MPS Security Investigation Agency would replace the Supreme People’s Procuracy’s Investigation Agency in investigating offenses against judicial activities, corruption, and abuse of office under Chapters 23 and 24 of the Criminal Code.
- The suspects in such cases could include officials and civil servants working for investigation agencies, courts, procuracies, and judgment enforcement agencies, as well as others authorized to conduct judicial proceedings.
Lê Sáng wrote this news article in Vietnamese and published it in Luật Khoa Magazine on August 21, 2026. The Vietnamese Magazine translated it into English.
