Is the Prosecution in Vietnam a Subject or an Object of Power Control? Insights from a Historical and Comparative Analysis

This article examines whether Vietnam's prosecution agency functions more as a subject or an object of state power. It traces the evolution of the procuracy from its origins in colonial and Soviet-influenced legal systems to its current role within Vietnam's socialist legal framework. The study highlights the dual nature of the procuracy: serving both as a supervisory body overseeing legal compliance and as a prosecutorial organ charging suspects with crimes. This duality raises questions about its independence, accountability, and potential conflicts of interest. To contextualize Vietnam's model, the article compares it with similar institutions in China and Russia, which have influenced it for nearly seventy years. The findings reveal a hybrid nature: the Vietnamese procuracy conducts public prosecutions and exercises judicial supervision, exerting control over institutions and stages of the criminal justice process. An ongoing debate concerns whether the procuracy should remain a subject of power or become an object of control, reflecting broader ambiguity in Vietnamese criminal procedure about whether the system centers on investigative authorities, courts, or the procuracy itself. The study underscores the importance of developing the procuracy as a power subject with increased authority within Vietnam's framework, while also refining its supervisory role to establish an effective, rule-of-law-oriented criminal justice system under single-party leadership.