Proposal to have a special mechanism for litigation activities if district-level police are abolished

The district police are the first agency that directly carries out litigation activities. When reorganizing, if the district police are abolished while the prosecutor's office and the court have not yet been reorganized, there needs to be a special mechanism for litigation activities.

On the morning of February 14, the National Assembly discussed in the hall the draft Resolution regulating the handling of a number of issues related to the reorganization of the State apparatus.

National Assembly delegate Nguyen Thi Suu ( Hue ) agreed with the resolution taking effect from March 1, but still had concerns about the arrangement of relevant agencies when abolishing district-level police.

National Assembly delegate Nguyen Thi Suu (Hue) proposed that there should be a specific mechanism for litigation activities when abolishing district police.

She said that according to criminal law regulations, the district police are the first agency to directly carry out prosecution activities.

With the Resolution regulating the handling of a number of issues related to the reorganization of the State apparatus taking effect from March 1, according to the female delegate, there will be a very short time left for other prosecution agencies such as the Procuracy and the Court to carry out the next steps, so it will be difficult to make appropriate adjustments to the dissolution of district-level police.

In comparison with the effectiveness of the resolution, Ms. Suu suggested that there should be a separate, specific mechanism to serve litigation activities.

National Assembly Delegate Nguyen Minh Duc (Ho Chi Minh City delegation).

Giving further comments on the issue of handling assets after merger, National Assembly delegate Nguyen Minh Duc (HCMC delegation) pointed out that in reality, when implementing the policy of merging administrative units at commune and district levels, there were also problems.

Meanwhile, this streamlined revolution is a very large merger, so the amount of assets after the merger is also very large. And the existing decree on handling assets after the merger still cannot cover it all.

"For example, assets formed in the future, included in projects and proposals whose investors are agencies subject to mergers, during the implementation process, there will be problems arising such as delays, capital overruns, prolongations... that must be handled, then which unit will be responsible?", the delegate raised the issue and said that it is necessary to calculate to ensure that the assets are handled reasonably, clarifying responsibilities.

At the same time, in reality, a number of State-owned corporations and groups are put into operation and management, with projects being carried out under international bidding, with the initial name of the investor being the same, how will the calculation be made after the merger and name change? The delegate suggested that there should be regulations on this content to reassure foreign investors.

Regarding the regulations on handling organizational structures and people affected after the merger, the delegate said that we have Decree 177, 178, Circular 01/2025 on the issue of resolving the regime for those who wish to retire to carry out the arrangement, this is a very good thing.

"But what about the employees in merged agencies or those that have ceased operations, who do not meet the conditions in the above decrees and circulars, how should we calculate?", delegate Duc raised the issue and suggested that it is possible to stipulate more about the rights of these people before the impact of the organizational arrangement.

Minister of Justice Nguyen Hai Ninh.

Explaining, Minister of Justice Nguyen Hai Ninh said that the draft resolution only stipulates general principles for handling issues when arranging organizational apparatus, not regulations on order, procedures, and sanctions.

"We have calculated very carefully so that in this resolution we only provide general principles to handle issues when arranging and organizing the apparatus," Mr. Ninh said, adding that for issues that are clear and have no problems, we will continue to implement them according to current regulations.

For example, regarding the handling of assets and policies for officials and civil servants, there have been previously issued decrees. If any problems arise, they should be reported to the competent authority for handling.

According to Minister Nguyen Hai Ninh, the apparatus reorganization has a wide scope so it is not possible to foresee all the problems that may arise. Therefore, the resolution allows the Chief Prosecutor of the People's Procuracy, Chief Justice of the People's Court and competent persons to handle the arising problems.

Source: https://www.baogiaothong.vn/de-xuat-co-co-che-dac-thu-cho-hoat-dong-to-tung-neu-bo-cong-an-cap-huyen-192250214140448133.htm