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THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 63/2014/QH13

                                  Hanoi, November 24, 2014

 

Law

 on Organization of People’s Procuracies

 

Pursuant to the Constitution of the Socialist Republic of Viet Nam;

The National Assembly promulgates the Law on Organization of People's Procuracies.

 

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the functions, duties, powers and organizational structures of the People’s Procuracies; prosecutors and other titles in the People's Procuracies; and assurance of the operation of the People's Procuracies.

Article 2. Functions and duties of the People's Procuracies

1. The People’s Procuracies are the agencies that exercise the right to prosecution and supervision over judicial activities of the Socialist Republic of Viet Nam.

2. The People’s Procuracies have the duty to safeguard the Constitution and law, human rights, citizens’ rights, the socialist regime,  interests of the State, and legitimate rights and interests of organizations and individuals, contributing to ensure that the law is strictly and uniformly implemented.

Article 3. The function of exercising the right to prosecution of the People's Procuracies

1. Exercising the right to prosecution means an activity of the People's Procuracies in criminal proceedings to carry out the State's accusation against offenders, which shall be implemented right upon the settlement of reports and information on crime and request for prosecution and throughout the course of the initiation, investigation, prosecution and adjudication of criminal cases.

2. The People’s Procuracies shall perform the right to prosecution to ensure that:

a) All offences and offenders shall be exposed, charged, investigated, prosecuted and adjudicated in a prompt, strict, accurate, fair and lawful manner, neither let injustice be done on the innocent nor omit offences and offenders;

b) No person will be charged with an offence, arrested, held in custody, temporary detention or restricted in human rights and citizen’s rights in contravention of law.

3. When performing the right to prosecution, the People’s Procuracies have the following tasks and powers:

a) To request the institution of criminal cases; to annul unlawful decisions on institution or non - institution of criminal cases; to approve or not to approve decisions on institution of criminal proceedings against defendants issued by investigation agencies or agencies assigned to conduct certain activities of investigation; to directly to institute criminal cases and initiate criminal proceedings against defendants in the cases prescribed by the Criminal Procedure Code;

b) To decide on, or approve the application, change or cancellation of measures that restrict human rights and citizens’ rights in the settlement of reports and information on crime, request for prosecution and in the institution, investigation, prosecution in accordance with the Criminal Procedure Code;

c) To cancel other illegal procedural decisions in the settlement of reports and information on  crimes, request for prosecution, and in the institution, investigation of criminal cases implemented by investigating agencies or agencies assigned to conduct some activities of investigation;

d) When necessary, to set requests for investigation and require investigating agencies, agencies assigned to conduct some activities of investigation to fulfill such requirements;

đ) To request relevant agencies, organization and individuals to provide documents to clarify offence and offenders;

e) To directly settle reports and information on crime, request for prosection; to perform certain activities of investigation to clarify grounds for laying charges on offenders;

g) To investigate crimes of infringing upon judicial activities, corruption, and position-related crimes in judicial activities according to the laws;

h) To decide on the application of summary procedures in investigation and prosecution;

i) To decide on the prosecution or accusation against the accused at court hearings;

k) To protest against the judgments or decisions of the Courts, which are unjust or incorrect or omit offences or offenders;

l) To perform other tasks and powers in making accusation against offenders as per the Criminal Procedure Code.

Article 4. The function of supervision over judicial activities of the People's Procuracies

1. Supervising judicial activities means an activity of the People's Procuracies to supervise the lawfulness of acts and decisions commited or made by agencies, organizations and individuals in judicial activities. It shall be implemented immediately upon the receipt and settlement of reports and information on crimes and request for prosecution and throughout the course of the settlement of criminal cases; in the settlement of administrative cases and civil, marriage and family, business, commercial and labor cases and matters; in the enforcement of judgments, the settlement of complaints and denunciations in judicial activities and other judicial activities as prescribed by laws.

2. The People’s Procuracies shall perform their right to supervision over judicial activities to ensure that:

a) The receipt and settlement of reports and information of crimes, and request for prosecution; the settlement of criminal cases, administrative cases and civil, marriage and family, business, commercial and labor cases and matters; the enforcement of judgments; the settlement of complaints and denunciations in judicial activities and other judicial activities are implemented in accordance with laws;

b) The arrest, custody or temporary detention, execution of imprisonment sentences, and regimes of custody or temporary detention, management and education for persons serving imprisonment sentences must comply with laws; human rights and other legitimate rights and interests of persons who are arrested, held in custody, temporary detention and persons serving imprisonment sentences, which are not restricted by law, must be respected and protected;

c) Court judgments or decisions which are legally valid must be strictly enforced;

d) All violations in judicial activities must be detected and handled in a prompt and strict manner.

3. When performing the function of supervision over judicial activities, the People’s Procuracies have the following tasks and powers:

a) To request agencies, organizations and individuals to carry out judicial activities in accordance with laws; by themselves, inspect the implementation of judicial activities falling under their competence and inform the People's Procuracies of such findings; provide the People’s Procuracies with dossiers and documents to verify the lawfulness of acts and decisions in judicial activities;

b) To directly supervise; verify and collect documents to elucidate the violations committed by agencies, organizations and individuals in judicial activities;

c) To resolve violations; to request and recommend competent agencies, organizations and individuals to remedy and strictly handle violations in judicial activities; propose concerned agencies and organizations to apply measures to prevent violation of laws  and crimes;

d) To protest against the illegal court judgments or decisions; to recommend action against illegal acts or decisions committed or made by other competent agencies or persons in judicial activities;

đ) To supervise the settlement of complaints and denunciation in judicial activities; to settle complaints and denunciations falling under their powers;

e) To perform other tasks and powers in supervising judicial activities in accordance with laws.

Article 5. Protests and proposals of the People’s Procuracies

1. In case acts, judgments or decisions which are committed or made by competent agencies or individuals in the judicial activities and seriously violate the law, infringing upon human rights, citizen’ rights, interests of the State, and the legitimate rights and interests of organizations and individuals, the People's Procuracies shall protest against such misconducts. Competent authorities and persons shall settle the protests of the People’s Procuracies according to the laws.

2. In case acts or decisions committed or made by agencies, organizations or individuals in judiciary activities involve violations which are less serious and do not fall into the case subject to protest prescribed in Clause 1 of this Article, the People's Procuracies shall make proposals to those agencies, organizations and individuals to remedy violations and strictly settle the violators; if detecting any loopholes or shortcomings in management activities, they shall make proposals to concerned agencies and organizations to remedy and apply measures to prevent violations and crimes. The concerned agencies, organizations and individuals shall consider, settle and respond to the proposals made by the People’s Procuracies according to the laws.

Article 6.  Working activities of the People’s Procuracies

1. The People's Procuracies shall perform the function to prosecution through the following activities:

a) Exercising the right to prosecution in the settlement of reports and information on crimes and request for prosecution;

b) Exercising the right to prosecution during the stage of institution and investigation of criminal cases;

c) Exercising the right to prosecution during the stage of prosecution against offenders;

d) Exercising the right to prosecution during the stage of adjudication of criminal cases.

đ) Investigating some types of crimes;

e) Exercising the right to prosecution in mutual legal assistance in criminal matters.

2. The People's Procuracies shall perform the function to supervision over the judicial activities with the following activities:

a) Supervising the receipt and settlement of reports and information on crimes and request for prosecution;

b) Supervising the institution and investigation of criminal cases;

c) Supervising the observance of law by procedure participants during the stage of prosecution;

d) Supervising the adjudication of criminal cases;

đ) Supervising the custody or temporary detention and enforcement of criminal judgments;

e) Supervising the settlement of administrative cases, civil, marriage and family, business, commercial and labor cases and other matters according to the laws;

g) Supervising the enforcement of judgments in civil cases and administrative cases;

h) Supervising the settlement of complaints and denunciations in judicial activities by competent agencies according to the laws; settling complaints and denunciations in judicial activities which fall under their competence;

i) Supervising the mutual legal assistance activities.

3. Other activities of the People’s Procuracies include:

a) Crime statistics; law making; law dissemination and education;

b) Training, re-training; scientific research; international cooperation and other activities serving their development.

Article 7. Pricipals on organization and operation of the People’s Procuracies

1. People's Procuracies shall be led by their Chief Prosecutors. The Chief Prosecutor of the People’s Procuracies at lower levels shall be under the leadership of Chief Prosecutor of the People’s Procuracies at higher levels. Chief Prosecutor of the People’s Procuracies at lower levels shall submit to the unified leadership of the Prosecutor General of the Supreme People’s Procuracy.  

The People’s Procuracies at higher levels shall inspect and strictly handle violations committed by the People’s Procuracies at lowers levels. Chief Prosecutor of the People’s Procuracies at higher levels may withdraw, suspend or cancel an unlawful decisions issued by Chief Prosecutor of the People’s Procuracies at lower levels.

2. At the Supreme People's Procuracy, High People's Procuracies, People's Procuracies of the provinces and cities under the central authority, the Central Military Procuracy, Military Procuracies of military zones and the equivalent, the Procuracy Committees shall be set up to discuss and decide on the important issues by a majority and give opinions on cases and matters before the Chief Prosecutors make decisions as per Article 43, 45, 47 and 53; 55 of this Law.

Article 8. Coordination responsibility of the People's Procuracies

Within the scope of their functions and tasks, the People’s Procuracies shall coordinate with the public security agencies, courts, judgment enforcement agencies, inspectorates, audit agencies, other State agencies, the Vietnam Fatherland Front and its member units in order to effectively prevent and fight crimes; to promptly and strictly handle crimes and law violations in judicial activities; to facilitate dissemination and education of law; law making; training, re-training activities; and carry out research on crimes and law violations.

Article 9. Rights and responsibilities of agencies, organizations and individuals concerning the activities of the People's Procuracies

1. The concerned agencies, organizations and individuals shall strictly abide by the decisions, and fufill requests, proposals and protests of the People's Procuracies. They have the right to propose, complain or denounce illegal acts and decisions of the People's Procuracies; The People's Procuracies shall resolve and reply to these recommendations, complaints and denuncitation in accordance with laws.

2. When there are grounds to believe that an act and decision of the People's Procuracies is groundless or illegal, the investigation agencies or agencies assigned to conduct some activities of investigation, the Courts and judgment enforcement agencies may recommend or request the People's Procuracies to reconsider its act or decision. The People's Procuracies shall resolve and reply to these recommendations or requests in accordance with laws.

3. Agencies, organizations and individuals are strictly prohibited to obstruct or intervene in exercising the right to prosecution or supervision over the judicial activities of the People’s Procuracies; to take advantage the right of complaints and denunciations to cadres, civil servants, public employees and other laborers of the People's Procuracies.

Article 10. Supervision over the activities of the People’s Procuracies

The National Assembly, National Assembly agencies, National Assembly deputies, National Assembly delegations, People's Councils, People's Council deputies, Vietnam Fatherland Front Committees and its member units shall supervise activities of the People's Procuracies in accordance with laws.

Article 11. Traditional day and badge of the People's Procuracies

1. The traditional day of the People's Procuracies is July 26 annually.

2. The badge of the People's Procuracies features a circular in shape with red background, gold border and radical rays; in the middle is a relief five-pointed gold star encircled by rice ears, below which are a sword and a shield; on the background of shield is a half  of a dark –blue cogwheel and two letters “KS” in platinum color; the lower half of the badge is encircled by a red silk strip wraps around in front of which is the phrase "Socialist Republic of Viet Nam".

Chapter II

ACTIVITIES TO PERFORM THE FUNCTIONS AND TASKS OF                                         THE PEOPLE'S PROCURACIES

Section 1

 EXERCISE THE RIGHT TO PROSECUTION AND SUPERVISION OVER THE RECEIPT AND SETTLEMENT OF REPORTS AND INFORMATION ON CRIMES AND REQUESTS FOR PROSECUTION

Article 12. Tasks and powers of the People’s Procuracies in exercising the right to prosecution in the settlement of reports and information on crimes and requests for prosecution.

1. To approve or not to approve the arrest of person in urgent case, extension of temporary detention, and application of other measures restricting human rights and citizens’ rights in settling of reports and information on crimes and requests for prosecution.

2. To annul decisions on temporary detention, other unlawful procedural decisions issued by competent authorities in settling of reports and information on crimes and requests for prosecution.

3. To set out examination and verification requirements, when necessary, and request competent authorities to settle reports and information on crimes and requests for prosecution to fulfill such requirements.

4. To directly settle reports and information on crimes or requests for prosecution in the cases which involve serious violations of the laws or show signs of omitting crimes, and have not yet been remedied despite of the People’s Procuracy’s requests.

5. To perform other tasks and powers to exercise the right to prosecution as per Criminal Procedure Code in order to prevent the omission of crimes and unjust conviction against guiltless people.

Article 13. Tasks and powers of the People’s Procuracies in supervising the receipt and settlement of reports and information on crimes and requests for prosecution

1. To receive reports and information on crimes and requests for prosecution referred to by agencies, organizations and individuals and immediately transferred them to competent investigation agencies for settlement.

2. To supervise the observance of law in the receipt of reports and information on crimes and requests for prosecution by investigation agencies and agencies assigned to conduct some activities of investigation. These authorities shall fully and promptly inform the People’s Procuracies of reports and information on crimes and requests for prosecution they have received..

3. To directly supervise; to supervise the examination and verification of, making of dossiers on and results of settlement of reports and information on crimes and requests for prosecution of investigation agencies and agencies assigned to conduct some activities of investigation. These authorities shall fully and promptly inform the People’s Procuracies of verification and settlement results.

4. When detecting that the receipt and settlement of reports and information on crimes and requests for prosecution are conducted in an incomplete and unlawfull manner, the People’s Procuracies shall request investigation agencies and agencies assigned to conduct some activities of investigation:

a) To receive, examine, verify and issue decisions on settlement of reports and information on crimes and requests for prosecution in a complete and lawful manner;

b) To inspect the the receipt and settlement of reports and information on crimes and requests for prosecution and notify inspection results to the People’s Procuracies;

c) To provide documents on the violation in the receipt and settlement of reports and information on crimes and requests for prosecution;

d) To remedy violations and strictly handle violators.

5. To Settle disputes over the competence to settle reports and information on crimes and irequests for prosecution.

6. To perform other tasks and powers in supervising the receipt of reports and information on crimes and requests for prosecution as per Criminal Procedure Code.

Section 2

EXERCISING THE RIGHT TO PROSECUTION AND SUPERVISION OVER                              THE INVESTIGATION OF CRIMINAL CASES

 

Article 14. Tasks and powers of the People’s Procuracies in exercising their right to prosecution during the stage of investigation of criminal cases

1. To request investigation agencies and agencies assigned to conduct some activities of investigation to institute criminal cases or amend, supplement a decision on the institution of a criminal case or initiation of criminal proceedings against the accused.

2. To cancel decisions on institution of criminal cases, decisions on change and supplementation of decisions on institution of criminal cases, decisions non – institution of criminal cases which are issued illegally; to approve or cancel decisions on institution of criminal cases, decisions on change or supplementation of decisions on initiation of criminal proceedings against the accused which are issued illegally.

3. To institute, change or supplement the decisions on institution of criminal cases, decisions on initiatation of criminal proceedings against the accused in cases prescribed by the Criminal Procedure Code.

4. To approve or not to approve the arrest of persons in urgent cases, extension of custody or temporary detention and other measures restricting human rights and citizens’ rights.

5. To decide to apply, change or cancel the application of the measures of arrest, custody, temporary detention, deterrent measures and other measures restricting human rights and citizens’ rights as prescribed by laws.

6. To approve, not to approve or cancel other procedural decisions of the investigation agencies or agencies assigned to conduct some activities of investigation.

7. To set out investigation requirements and request investigation agencies and agencies assigned to conduct some activities of investigation to perform investigation to clarify offences and offenders; to request investigation agencies to pursue the accused.

8. To directly conduct some activities of investigation to examine or supplement documents or evidences when approving orders or decisions of investigation agencies and agencies assigned to conduct some activities of investigation, or in case detecting signs of injustice or wrongful conviction or omission of crimes and violation of laws which have not yet been remedied in spite of the People’s Procuracy’s written requests.

9. To institute criminal cases or request investigation agencies to institute criminal cases when detecting criminal signs of acts committed by competent person in the handling of reports and information on crimes and requests for prosecution and in the institution of criminal cases and investigation of criminal signs.

10. To decide to extend the time limits for investigation or temporary detention; to transfer cases, apply summary procedures or measure of compulsory medical treatment.

11. To perform other tasks and powers in exercise the rights to prosecution in accordance with the Criminal Procedure Code.

Article 15. Tasks and powers of the People’s Procuracies in supervising the investigation of criminal cases

1. To supervise the law observance of the institution, investigation and file compilation of criminal cases by investigation agencies and agencies assigned to conduct some activities of investigation.

2. To supervise the criminal procedure activities of proceeding participants; request and propose competent agencies, organizations and individuals to strictly handle proceeding participants, who commit violations.

3.  To settle disputes over the authority to investigate.

4. To request investigation agencies or agencies assigned to perform certain activities of investigation to provide relevant documents to supervise the observance of law in the institution and investigation of criminal cases, if deemed necessary.

5. To recommend or request investigation agencies or agencies assigned to conduct some activities of investigation to remedy violations committed in the institution and investigation of criminal cases.

6. To request heads of investigation agencies or agencies assigned to conduct some activities of investigation to change investigators and investigative officers and to strictly handle investigators or investigative officers who violate the procedural activities.

7. To recommend concerned authorities and organizations to apply measures to prevent crimes and law violations.

8. To perform other tasks and powers in supervising investigation of criminal cases in accordance with the Criminal Procedure Code.

Section 3:

EXERCISING THE RIGHT TO PROSECUTION AND SUPERVISION OVER THE JUDICIAL ACTIVITIES DURING THE STAGE OF PROSECUTION

Article 16. Tasks and powers of the People’s Procuracies when exercising the power to prosecute during the stage of prosecution

1. To decide to apply, change or cancel the application of, the measures of arrest, custody, temporary detention and other measures restricting human rights and citizen’s rights under provisions of law; to request investigation agencies to pursue the accused.  

2. To request agencies, organizations and individuals to provide documents related to cases when necessary.

3. To directly perform certain activities of investigation to examine or supplement documents and evidences for the decision to prosecute or to respond to the Court’s request for additional investigation while deeming returning case files to investigation agencies unnecessary.

4. To decide to institute criminal cases, change or supplement decisions to institute criminal cases or criminal proceedings against the accused if detecting that the cases involve other criminal offences or offenders that have not yet been instituted and investigated, and return case files to investigation agencies for additional investigation.

5. To decide to join and separate cases; transfer cases to competent authorities for prosecution, apply summary procedures and compulsory medical treatment.

6.  To decide to or not to extend the time limit for prosecution, and duration of detterent measures.

7. To decide to or not to prosecute the accused.

8. To decide to suspend or cease criminal cases or the accused; to resume criminal cases or the accused.

9. To perform other tasks and powers in making decisions on prosecution in accordance with the Criminal Procedure Code.

Article 17. Tasks and powers of the People’s Procuracies supervising judicial activities during the stage of prosecution

1. To supervise criminal procedure activities of proceedings participants; to request, or propose competent agencies, organizations and individuals to strictly handle proceedings participants who violate laws.

2. To propose relevant agencies or organizations to apply measures to prevent crimes and law violations.

3. To perform other tasks and powers in supervising judicial activities in accordance with the Criminal Procedure Code.

Section 4:

EXERCISING THE POWER TO PROSECUTION AND SUPERVISION OVER THE ADJUDICATION OF CRIMINAL CASES

Article 18. Tasks and powers of the People’s Procuracies when exercising the power to prosecution at the stage of adjudication of criminal cases

1. To announce indictments or prosecution decisions according to summary procedure and other decisions on arraignment towards the accused at court hearings.

2. To inquire, arraign, argue and present their viewpoint on the settlement of cases at court hearings.

3. To protest against the judgments or decisions of the Courts if detecting injustice or wrongful conviction, omission of offences and offenders.

4. To perform other tasks and powers in criminal accusation in accordance with the Criminal Procedure Code.

Article 19. Tasks and powers of the People’s Procuracies when supervising the adjudication of criminal cases

1. To supervise the observance of law in adjudication of criminal cases by the Courts.

2. To supervise judgments and decisions of the Courts.

3. To supervise the criminal procedure activities of proceedings participants; to request or propose competent authorities and organisations to strictly handle proceedings participants who violate the laws.

4. To request the Courts at the same level or lower level to transfer the criminal cases files so as to consider and decide to make protests.

5. To protest against the Court’s judgments and decisions that are serious violations of procedural regualtions.

6. To exercise the rights to make requests and proposals and to perform other tasks and powers when supervising the adjudication of criminal cases in accordance with the Criminal Procedure Code.

 

 

Section 5:

INVESTIGATING ACTIVITIES BY THE INVESTIGATION AGENCIES OF THE SUPREME PEOPLE’S PROCURACY

Article 20. Investigating competence of the investigation agencies of the Supreme People’s Procuracy and Central Military Procuracy

The investigation agencies of the Supreme People’s Procuracy and Central Military Procuracy shall investigate crimes in infringing upon judicial activities, corruption, and position-related crimes committed in the judicial activities by cadres or civil servants and public employees of investigation agencies, Courts, Procuracies or judgment enforcement agencies or persons competent to conduct judicial activities in accordance with law.

Article 21. Exercising the right to prosecution and supervision over the law observance of the investigation agencies of the Supreme People’s Procuracy and Central Military Procuracy

Supreme People’s Procuracy and Central Military Procuracy exercise the right prosecution and supervision over the law observance in the receipt and handling of reports and information and recommendations for prosecution; the institution and investigation of criminal cases by investigation agencies of the Supreme People’s Procuracy and Central Military Procuracy as prescribed in Article 12, 13, 14 and 15 of this Law and Criminal Procedure Code.

Section 6:

SUPERVISION OVER CUSTODY, TEMPORARY DETENTION AND EXECUTION OF CRIMINAL JUDGMENTS

Article 22. Tasks and powers of the People’s Procuracies in supervising custody and temporary detention

1. People’s Procuracies shall supervise the observance of law by compentent agencies and persons in custody or temporary detention

2. When supervising custody and temporary detention, People’s Procuracies have the following tasks and powers:

a) To conduct direct supervision at custody houses and detention camps; to ask persons held in custody and temporary detention about the custody and temporary detention;

b) To supervise dossiers on custody and temporary detention;

c) To request the head of custody houses and superintendents of detention camps to inspect the custody and temporary detention and report results  to People’s Procuracies; provide case files and documents related to custody and temporary detention; report the siuation of the custody and temporary detention; answer questions about illegal custody and temporary detention decisions, measures or acts;

d) To decide to immediately release persons who are held in custody and temporary detention in groundless or unlawful manner;

đ) To protest against, propose or request agencies and persons with competence in custody and temporary detention to suspend the enforcement or amend or cancel the decisions violating the regulations of custody and temporary detention, terminate the violation and request for the handling of the violators;

e) To institute or request the investigation agencies to institute criminal case when detecting cases showing criminal signs in custody and temporary detention in accordance with law;

g) To settle complaints and denunciations and perform other tasks and powers in supervising custody and temporary detention in accordance with law.

Article 23. Settle complaints and denunciations in custody and temporary detention

1. People’s Procuracies shall have the responsibility to settle complaints and denunciations in custody and temporary detention.

2. Agencies and persons with competence in custody and temporary detention shall transfer to the People’s Procuracies complaints and denunciations of persons held in custody and temporary detention within 24 hours upon the receipts of such complaints and denunciation.

3. Chief Prosecutors of the People’s Procuracies of districts, towns and cities under provincial authority and equivalent, Chief Prosecutors of the People’s Procuracies of provinces, centrally-run cities and equivalent, Chief Prosecutors of the regional Military Procuracies of military, Chief Prosecutors of the Military Procuracies of military zones and equivalent settle complains about illegal decisions and acts in custody and temporary detention committed by competent agencies or  persons subject to their supervision. 

Chief Prosecutors of People’s Procuracies at higher level have the power to settle complains on the settlement of complains by the Chief Prosecutors of People’s Procuracies at lower level; decisions on the settlement of complains by the Chief Prosecutors Procuracy at higher levels shall be legally valid decisions. 

4. Chief Prosecutors have the power to settle denunciations about illegal acts in custody and temporary detention committed by competent persons under their supervision.

If the denunciations have not yet been settled upon the expiry of time limit, the Chief Prosecutors of higher level Procuracies shall have the power to settle them; the conclusion of the Chief Prosecutor of higher level Procuracies is final.

Article 24. Responsibilities to respond to the requests, proposals, protests and decisions of the People’s Procuracies in custody and temporary detention

1. Head of custody houses and superintendents of detention camps are responsible to fulfill the following requests, proposals, protests and decisions by the People’s Procuracies in custody and temporary detention:

a) Request for provision of dossiers and documents related to custody and temporary detention must be complied with immediately; request for informing on the situation of the custody and temporary detention, request for responding to illegal decisions, measures or acts in custody and temporary detention must be implemented within 15 days after receipt; request for self-inpection of custody and temporary detention and informing the results to People’s Procuracies shall be responded to within 30 days upon the receipt of such requests;

b) Decisions defined in Point d, Clause 2, Article 22 of this Law must be done immediately; if they disagree with such decisions, they must still implement, but they have the right to complaints to competent higher level Procuracies. Within 10 days upon the receipt, Chief Prosecutors of higher level Procuracies must settle such complaints;

c) Protests defined at Point đ, Clause 2, Article 22 of this Law must be settled within 15 days, upon the date of the receipt of such protests; if they disagree with such protests, they have the right to file complaints to compentent higher level Procuracies. Within 15 days upon the receipt, the higher level Procuracies must settle such complaints; decisions of higher level Procuracies are legally valid decisions.

2. For the proposals defined at Point đ, Clause 2, Article 22 of this Law, competent bodies, organizations and individuals shall consider, settle them and reply in accordance with the Law of custody and temporary detention.

Article 25. Tasks and powers of the People’s Procuracies in supervising the execution of criminal judgments

1. People’s Procuracies shall supervise the observance of law by the Courts, criminal judgment enforcement agencies, bodies and organizations assigned to perform a number criminal judgment, compentent persons and relevant bodies, organization and individuals involved in e criminal judgment execution.

2. When supervising the execution of criminal judgments, the People’s Procuracies shall have the following tasks and powers:

a) To request Courts to issue the decisions to execute criminal judgments; request Courts, criminal judgment enforcement agencies, bodies and organizations assigned to perform a number of criminal judgment to conduct inspection the execution of criminal judgment by themselves and notify inspection results to the People’s Procuracies; provide dossiers and documents related to the execution of criminal judgments;

b) To directly supervise the execution of criminal judgment; to supervise the dossiers related to execution of criminal judgment. The People’s Procuracies of provinces and centrally-run cities shall directly supervise the execution of imprisonment sentences at prisons based in their localities;

c) To decide to immediately release persons serving imprisonment sentences which have been imposed in a groundless and unlawfull manner;

d) Request to exempt, postpone, suspend and cease the serving of sentences; to participate in the review of reduction of or exemption from execution of sentences, judicial measures or shortening of probation periods;

đ) To protest against illegal acts and decisions committed by competent bodies and persons in criminal judgment execution;

e) To propose, request bodies, organizations and individuals to terminate or remedy the violations in executing criminal judgment; strictly handle violators;

g) To institute or request investigation agencies to institute criminal cases when detecting cases showing criminal signs in executing criminal judgment in accordance with laws

h) To perform other tasks and powers in supervising the execution of criminal judgments in accordance with law on execution of criminal judgment.

Article 26. Responsibility to respond to the requests, proposals, protests and decisions of the People’s Procuracies in the execution of criminal judgments

1. For the requests to issue decisions to execute criminal judgment in accordance with law, request to provide dossiers and documents related to the execution of criminal judgments, bodies, organizations and individuals must be immediately implemented.

2. For the requests to inspect the execution of criminal judgments and inform self –inspection results to the Procuracies, the Courts, criminal judgment enforcement agencies, bodies and organizations assigned to perform a number of criminal judgment shall implement within 30 days upon the receipt of such requests

3. For other proposals, protests and decisions by the Procuracies in the execution of criminal judgments, competent bodies, organizations and individuals shall consider, settle and reply to or implement in accordance with the regulations of the Law on the execution of criminal judgment.

 

Section 7

SUPERVISION OVER THE SETTLEMENT OF ADMINISTRATIVE CASES AND CIVIL, MARRIAGE AND FAMILY, BUSINESS, COMMERCIAL AND LABOR CASES AND MATTERS AND OTHER MATTERS  IN ACCORDANCE WITH LAW; SUPERVISION OVER THE EXECUTION                    OF CIVIL AND ADMINISTRATIVE JUDGMENTS

 

Article 27. Tasks and powers of the People’s Procuracies in supervising in the settlement of administrative cases and civil, marriage and family, business, commercial and labor cases and matter and other matters in accordance with law

1. To supervise the return of lawsuit petitions or requests.

2. To supervise the acceptance and settlement of cases and matters.

3. To collect documents and evidences in cases prescribed by law.

4. To participate in court hearings and meetings, present viewpoints of the Procuracies on the settlement of cases and matters in accordance with law.

5. To supervise court judgments and decisions of the Courts.

6. To supervise procedural activities of procedure participants; to request or propose competent bodies and organizations to strictly handle procedure participants who commit violations.

7. To protest or propose against court judgments and decisions involving violations; to propose and request the Courts, bodies, organizations and individuals to conduct procedural activities.

8. To perform other tasks and powers in supervising the settlement of administrative cases and civil, marriage and family, business, commercial and labor cases and matters and other matters in accordance with law.

Article 28. Tasks and powers of the People’s Procuracies in supervising the execution of civil and administrative judgements

1. To supervise the issurance, handover, interpretation and correction of judgments or decisions of the Courts.

2. To directly supervise judgment enforcement by civil enforcement agencies at the same level and lower level, enforcers, related bodies, organizations and individuals.

3. To supervise judgment execution dossiers.

4. To Participate in court meetings and present viewpoints of the Procuracies on the consideration for exemption from or reduction of the judgment execution obligation related to state budget remittances.

5. To supervise activities of bodies, organizations and individuals involved in execution of judgments.

6. To request the Courts and civil judgment enforcement agencies at the same level or lover level, enforcers, bodies, organizations and individuals involved in the execution of civil judgments to perform following tasks:

a) To issue decisions to execute civil judgments in accordance with law;

b) To execute judgments and decisions in accordance with law;

c) To conduct self-inspection of the judgment execution and notify self-inspection results to the People’s Procuracies;

d) To provide dossiers, documents and exihibits related to the judgment execution.

Requests specified at Point a, b and d of this Clause must be implemented immediately; requests specified at Point c must be implemented within 30 days upon the receipt of such requests.

7. To propose the Courts and civil judgment enforcement agencies at the same or lower levael, enforcers, bodies, organizations and individuals to fully implement their responsibilities in judgment execution.

8. To protest against the decisions of the Court, decisions and acts of the heads or enforcers from civil judgment enforcement agencies at the same or lower level in accordance with law; to request the suspension of judgement execution, amendment or annulment of judgement enforcement decisions containing violations or termination of violations.

9. To perform other tasks and powers in supervising the execution of civil and administrative judgments in accordance with law.

Section 8

SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS AND SUPERVISION OVER THE SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN JUDICIAL ACTIVITIES

Article 29. Settlement of complaints and denunciations in judicial activities under the competence of People’s Procuracies

1. The People’s Procuracies are competent to settle the following complaints:

a) Complaints about procedural acts and decisions of competent persons of the People’s Procuracies in exercising the right to prosecution and supervision over judicial activities;

b) Complaints about procedural acts and decisions of the heads of investigation agencies; complaints about settlement results of the heads of investigation agencies on the procedural decisions and acts of investigators and deputy heads of investigation agencies;

c) Complaints about procedural acts and decisions of competent persons from the bodies assigned to perform certain activities of investigation;

d) Complaints about custody or temporary detention;

đ) Complaints about the acts and decisions on management and education for prisoners of persons assigned to manage and educate prisoners;

e) Other complaints prescribed in law.

2. The People’s Procuracies are competent to settle the following denunciations:

a) Denunciations about law violations of competent persons from the People’s Procuracies in exercising the right to prosecution and supervision over judicial activities.

b) Denunciations about law violations in the activities of competent persons to perform certain activities of investigation;

c) Denunciations about law violation of compentent persons in arrest, custody and temporary detention;

d) Denunciations about law violations of persons assigned to manage and educate prisoners;

đ) Other denunciations prescribed in law.

3. When settling complaints and denunciations, the People’s Procuracies have the following tasks and powers:

a) To receive, classify, accept, examine and verify complaints and denunciations;

b) To request bodies, organizations and individuals to explain and provide relevant dossiers and documents;

c) To apply necessary measures to prevent potential damage;

d) To issue decisions to settle complaints and make conclusions on denunciation contents;

đ) To inform decisions on settlement of complaints and conclusions on denunciation contents to complainants and denunciators.

Article 30. Tasks and powers of the People’s Procuracies when supervising the settlement of complaints and denunciations in judicial activities

1. To directly supervise the settlement of complaints and denunciations in judicial activities by competent bodies in accordance with the law.

2. To request competent bodies to issue decisions on the settlement of complaints, conclusions on denunciation contents; inspect the settlement of complaints and denunciations in judicial activities by themselves and lower levels, and notify inspection results to the People’s Procuracies; provide relevant dossiers and documents to the People’s Procuracies.

3. To make conclusions on supervision, exercise the right to proposal and protest in accordance with law.

Article 31. Responsibility to report on the settlement of complaints and denunciations in judicial activities of the Supreme People’s Procuracy

1. The Prosecutor General of the Supreme People’s Procuracy shall have the responsibility to report on the settleemt of complaints and denunciations in judicial activities to the National Assembly.  

2. Biannually and annually, the Supreme People’s Court, Ministry of Public Security, Ministry of National Defense and Ministry of Justice shall notify in written reports to the Supreme People’s Procuracy on the settlement of complaints and denunciations in judicial activities.

The Supreme People’s Procuracy shall preside and coordinate with the Supreme People’s Court, Ministry of Public Security, Ministry of National Defense and Ministry of Justice to give instructions for regulations prescribed in this Clause. 

Section 9

EXCERSING THE RIGHTS TO PROSECUTION AND SUPERVISION OVER THE MUTUAL LEGAL ASSISTANCE ACTIVITIES

Article 32. Tasks and powers of the People’s Procuracies when exercising the rights to prosecution in mutual legal assistance in criminal matters

1. To decide to transfer foreign countries requests for criminal legal assistance to competent investigation agency of Viet Nam to institute and investigate criminal cases.

2. To request competent foreign bodies to summon witnesses and experts; collect and provide evidence and documents; examine the offenders for penal liability;

3. To perform the tasks and powers as prescribed in Article 14, 16 and 18 of this Law in case competent bodies of Viet Nam investigate, institute and adjudicate criminal cases at the request of foreign countries.

4. To perform other tasks and powers when exercising the rights to prosecution in mutual legal assistance in criminal matters as per Criminal Procedure Code and Law on Mutual Legal Assistance.

Article 33. Tasks and powers of the People’s Procuracies when supervising mutual legal assistance activities

1. To supervise the observance of law by bodies and persons who conduct and participate in mutual legal assistance activities in criminal, civil matters, extradition and transfers of persons who are serving imprisonment sentence.

2. To participate in the Court’s meeting on extradition and transfers of persons who are serving imprisonment sentence and present their opinion.

3. To protest against unlawful decisions of the Court regarding extradition and transfers of persons who are serving imprisonment sentence.

4. To perform the rights to request and propose, other tasks and powers in supervising mutual legal assistance activities as prescribed in laws.

Section 10

 CRIME STATISTICS AND OTHER ACTIVITIES

Article 34. Crime statistics

1. The People’s Procuracies shall be in charge of leading the actitivies of making crime statistics and coordinating with relevant bodies regarding crime statistics.

2. Within their function and tasks, procedure-conducting bodies and other relevant bodies shall have the responsibility to coordinate with the People’s Procuracies in making crime statistics.

Article 35. Scientific research

Within their function and tasks, the People’s Procuracies shall have the responsibility to study criminology and prosecutorial science so as to contribute to fulfilling its function and tasks and preventing and fighting against crimes and violations.

Article 36. Law making

The Supreme People's Procuracy has the right to propose and submit the draft laws and ordinances; to lead and coordinate with concerned agencies and organizations in drafting laws, promulgate legal documents under its authority in accordance with the Law on promulgation of legal documents.

Article 37. Training and retraining

1. The People’s Procuracies shall perform professional training and retraining to build human resources and improve capacity for their prosecutors, investigators, prosecutor assistants, other civil servants and officials as prescribed in laws.

2. The training institutions of the People’s Procuracies may organize different types of training and retraining in accordance with law.

Article 38. International cooperation

The People’s Procuracies shall facilitate international cooperation in training, retraining, scientific research, in negation for, conclusion of and accession to, mutual legal assistance treaties and other international agreements in accordance with law.

Article 39. Law dissemination and education

Though performing the function of exercising the right to prosecution and supervision over judicial activities, the People’s Procuracies shall have to promote dissemination and education on  laws in contributing to the prevention and fight against crimes and violations.

 

Chapter III

ORGANIZATION OF THE PEOPLE’S PROCURACIES

Article 40. System of the People’s Procuracies

1. The Supreme People's Procuracy.

2. The High-level People's Procuracies.

3. People's Procuracies of the provinces or centrally-run cities (hereinafter referred to as the provincial People's Procuracies).

4. People's Procuracies of districts, towns or cities under provincial authority and equivalent (hereinafter referred to as district People's Procuracies).

5. Military Procuracy at different levels.

Article 41. Tasks and powers of the People’s Procuracies of different levels

1. The Supreme People's Procuracy shall exercise the right to prosecution and supervision over judicial activities, thus contributing to ensuring a strict and uniform observance of law.

2. The High level People's Procuracies shall exercise the right to prosecution and supervision over judicial activities related to cases falling under the jurisdiction of the High level People's Courts.

3. The provincial People's Procuracies and the district People's Procuracies shall exercise the right to prosecution and supervision over judicial activities within their respective localities.

Article 42. Organizational structure of the Supreme People's Procuracy

1. The Supreme People's Procuracy is composed of:

a) The Procuracy Committee;

b) The office;

c) The Investigation Agency;

d) Departments, institutes and the equivalents;

đ) Training institutions, press agencies and other public service units;

e) The Central Military Procuracy.

2. The Supreme People's Procuracy shall have the Prosecutor General, Deputy Prosecutors General, prosecutors and prosecutor assistants; Heads, Deputy Heads of the investigation agency and investigators; other civil servants, public employees and laborers.

Article 43. Procuracy Committee of the Supreme People’s Procuracy

1. Procuracy Committee of the Supreme People's Procuracy consists of:

a) Prosecutor General of the Supreme People's Procuracy;

b) Deputy Prosecutors General of the Supreme People's Procuracy;

c) A number of prosecutors of the Supreme People's Procuracy as decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme People's Procuracy.

2. The Procuracy Committee of the Supreme People's Procuracy shall have meetings under the presidency of the Prosecutor General to discuss and decide the following important issues:

a) Working programs and plans of the People's Procuracies;

b) Draft laws and ordinances to be submitted to the National Assembly, the Standing Committee of the National Assembly; reports of the Prosecutor General to be submitted to the National Assembly, the Standing Committee of the National Assembly and President of State;

c) Working apparatus of the Supreme People's Procuracy;

d) Reports of the Prosecutor General of the Supreme People's Procuracy to be submitted to the Standing Committee of the National Assembly on his/her opinions in disagreement with the resolutions of the Council of Judges of the Supreme People's Court; recommendations of the Supreme People's Procuracy on the prevention and fight against to be addressed to the Prime Minister;

đ) Selection of employees of the Supreme People's Procuracy who are qualified for sitting examinations for promotion to the rank of senior prosecutors, mid-level prosecutors and junior prosecutors;

e) Proposals to the Council for Selection of Prosecutors of the Supreme People's Procuracy to consider to dismiss or relieve prosecutors of the Supreme People's Procuracy from duties.

To consider and propose the Prosecutor General of the Supreme People's Procuracy to re-appoint, relieve from duties or dismiss senior prosecutors, mid-level prosecutors and junior prosecutors who are working at the Supreme People's Procuracy.

3. The Procuracy Committee shall issue a resolution when exercising its competence prescribed in Clause 2 of this Article. The resolution of the Procuracy Committee must be voted for by more than half of its total members; in case of equality of voters, the side with the vote of the Prosecutor General shall be decisive.

4. At the proposal of the Prosecutor General, the Procuracy Committee shall discuss and give opinions on complicated criminal cases, administrative cases, civil, marriage and family, economic and labor cases and matters before they are submitted to the Prosecutor General for consideration and decision.

Article 44. Organizational structure of the High level People's Procuracy

1. A High level People's Procuracy is composed of:

a) The Procuracy Committee;

b) The offices;

c) Institutes and equivalents units.

2. A High level People's Procuracy shall have its Chief Prosecutor, Deputy Chief Prosecutors, prosecutors, prosecutor assistants, other civil servants and employees.

Article 45. Procuracy Committee of the High level People’s Procuracies

1. The Procuracy Committee of a High People's Procuracy consists of:

a) Chief Prosecutor of High People's Procuracy

b) Deputy Chief Prosecutors of High People's Procuracy

c) A number of prosecutors.

2. The number of Procuracy Committee’s members and prosecutors defined at Point c, Clause 1 of this Article shall be decided by the Prosecutor General of the Supreme Peoples’s Procuracy at the proposal of Chief Prosecutor of the High People's Procuracy.

3. Procuracy Committee of a High People's Procuracy shall have meetings under the chairmanship of the Chief Prosecutor to discuss and decide these important issues:

a) Implementation of working programs and plans, directives, circulars and decisions of the Supreme People's Procuracy;

b) Work review reports of the performance of the High People's Procuracy;

c) Selection of people working at the High People's Procuracy to be eligible for sitting examinations for promotion to the rank of senior prosecutors, mid-level prosecutors and junior prosecutors;

d) Consideration and proposals to be submitted to the Prosecutor General to re-appoint, relieve from duties or dismiss senior prosecutors, mid-level prosecutors and junior prosecutors working at the High People's Procuracy.

4. The Procuracy Committee shall issue a resolution when exercising the competence prescribed in Clause 3 of this Article. The resolution of the Procuracy Committee must be voted for by more than half of its total members; in case of equality of votes, the vote of the Chief Prosecutor shall be decisive. If the Chief Prosecutor disagrees with the opinion of the majority of the Procuracy Committee’s members, he/she shall still comply with the majority’s decision but may report such to the Prosecutor General of the Supreme People’s Procuracy.

5. At the proposal of the Chief Prosecutor of the High People’s Procuracy, the Procuracy Committee shall discuss and give opinions on complicated criminal cases, administrative cases, civil, marriage and family, economic and labor cases and matters for him/her to consider and decide.

Article 46. Organizational structure of the provincial People's Procuracies

1. The Organizational structure of a provincial People's Procuracy is composed of

a) Procuracy Committee;

b) The office;

c) Divisions and equivalent units.

2. A provincial People's Procuracy has its Chief Prosecutor, Deputy Chief Prosecutors, prosecutors, prosecutor assistants, other employees.

Article 47. Procuracy Committee of provincial People’s Procuracies

1. Procuracy Committee of a provincial People’s Procuracy consists of:

a) Chief Prosecutor;

b) Deputy Chief Prosecutors;

c) A number of prosecutors.

2. The number of Procuracy Committee’s members and prosecutors defined at Point c, Clause 1 of this Article shall be decided by the Prosecutor General of the Supreme People’s Procuracy at the proposal of Chief Prosecutor of the provincial People's Procuracy.

3. Procuracy Committee of a provincial People's Procuracy shall have meetings under the chairmanship of the Chief Prosecutor to discuss and decide on the following issues:

a) Implementation of working programs and plans, directives, circulars and decisions of the Supreme People's Procuracy; implementation of the working programs and plans of the High People's Procuracy;

b) Work review reports to be submitted to the respective superior People’s Procuracies, work reports to be presented before the People's Council at the same level;

c) Selection of employees of the provincial and district People's Procuracies to be eligible for sitting examination for promotion to the rank senior prosecutors, mid-level prosecutors and junior prosecutors;

d) Consideration and proposal to be submitted to the Prosecutor General of the Superme People’s Procuracy to re-appoint, relieve from duty or dismiss senior prosecutors, mid-level prosecutors and junior prosecutors working at provincial and district People's Procuracies.

4. The Procuracy Committee shall issue a resolution when exercising the competence prescribed in Clause 3 of this Article. The resolution of the Procuracy Committee must be voted for by more than half of its total members; in case of equality of votes, the vote of the Chief Prosecutor shall be decisive. If the Chief Prosecutor disagrees with the opinion of the majority of the Procuracy Committee’s members, he/she shall still comply with the majority’s decision but may report such to the Prosecutor General of the Supreme People’s Procuracy.

5. At the proposal of the Chief Prosecutor of the Provincial People’s Procuracy, the Procuracy Committee shall discuss and give opinions on complicated criminal cases, administrative cases, civil, marriage and family, economic and labor cases and matters for him/her to consider and decide.

Article 48. Organizational structure of district People's Procuracies

1. The Organizational structure of a district People's Procuracy consists of an office and other divisions; District People's Procuracies which have no conditions for the establishment of divisions may have working sections and supporting apparatuses.

2. A district People's Procuracy has its Chief Prosecutor, Deputy Chief Prosecutors, prosecutors, prosecutor assistants, other employees.

Article 49. Establishment and dissolution of the People's Procuracies

The establishment and dissolution of the High People's Procuracies, provincial People's Procuracies and district People's Procuracies shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the People’s Procuracy.

Article 50. Tasks and powers of the Military Procuracies

1. The Military Procuracies under the system of People's Procuracies are organized within the Vietnam People's Army to exercise the rights to prosecution and supervision over judicial activities in the army.

2. Within the scope of their functions, the Military Procuracies shall have the tasks defined in Clause 2, Article 2 of this Law; the tasks of protecting the security, defense, discipline and strength of combat power of the military, protecting the legitimate rights and interests of military personnel, public servants, employees and other laborers in the army and ensuring all offenses and law violations must be strictly handled.

3. The Military Procuracies shall perform the tasks and powers prescribed in Clauses 1, 2, 3, 4, 5, 6, 8, 9 and 10, Chapter II of this Law and the tasks of supervision over the execution of civil judgments prescribed in Article 28 of this Law.

Article 51. The system of Military Procuracies

1. The Central Military Procuracy.

2. Military Procuracies of the military zones and equivalents.

3. Regional Military Procuracies.

Article 52. Organizational structure of the Central Military Procuracy

1. The Central Military Procuracy is under the structure of the Supreme People's Procuracy.

2. The organizational structure of the Central Military Procuracy is composed of:

a) Procuracy Committee;

b) The office;

c) Investigation Agency;

d) Divisions and equivalents.

3. The Central Military Procuracy has its Chief Prosecutor, Deputy Chief Prosecutor, prosecutors and prosecutor assistants; Heads, Deputy Heads of the investigation agency and investigators; other soldier, civil servants, public employees and other laborers.

Article 53. Procuracy Committee of Central Military Procuracy

1. Procuracy Committee of Central Military Procuracy consists of:

a) Chief Prosecutor;

b) Deputy Chief Prosecutors;

c) A number of prosecutors.

2. The number of members of Procuracy Committee and prosecutors defined in Point c Clause 1 of this Article shall be decided by the Prosecutor General of the Supreme Peoeple’s Procuracy at the proposal of the Chief Prosecutor of the Central Military Procuracy.

3. Procuracy Committee of Central Military Procuracy shall have meetings under the chairmanship of the Chief Prosecutor to discuss and decide on the following issues:

a) Working programs and plans of Military Procuracies;

b) Work reports to be presented by the Chief Prosecutor of the Central Military Procuracy before the Prosecutor General of the Supreme People’s Procuracy and Minister of National Defense;

c) Recommendations of the Chief Prosecutor of Central Military Procuracy to Minister of National Defense on the fight against crime in the army; 

d) Selection of employees of the Central Military Procuracy who are qualified for sitting examinations for promotion to the rank of senior prosecutor, mid-level prosecutor and junior prosecutor;

đ) Consideration and proposals from the Chief Prosecutor of the Central Military Procuracy to be submitted to the Prosecutor General of the Supreme People’s Procuracy to re-appoint, relieve from duties or dismiss senior prosecutors, mid-level prosecutors and junior prosecutors working at the Central Military Procuracy.

4. The Procuracy Committee shall issue a resolution when exercising the competence prescribed in Clause 3 of this Article. The resolution of the Procuracy Committee must be voted for by more than half of its total members; in case of equality of votes, the vote of the Chief Prosecutor shall be decisive. If the Chief Prosecutor disagrees with the opinion of the majority of the Procuracy Committee’s members, he/she shall still comply with the majority’s decision but may report such to the Prosecutor General of the Supreme People’s Procuracy.

5. At the proposal of the Chief Prosecutor of the Central Military Procuracy, the Procuracy Committee shall discuss and give opinions on complicated criminal cases for him/her to consider and decide.

Article 54. Organizational structure of Military Procuracies of military zones and equivalent

1. The organizational structures of Military Procuracies of military zone and equivalent is composed of:

a) Procuracy Committee;

b) Working units and supporting apparatus.

2. The Military Procuracy of a military zone or the equivalent has its Chief Prosecutor, Deputy Chief Prosecutors, prosecutors, prosecutor assistants, other soldiers, civil servants, public employees and other laborers.

Article 55. Procuracy Committee of Military Procuracies of military zones and equivalent

1. The Procuracy Committee of Military Procuracies of tmilitary zones and equivalent consists of:

a) Chief Prosecutor;

b) Deputy Chief Prosecutors;

c) A number of prosecutors.

2. The number of Procuracy Committee’s members and prosecutors defined at Point c, Clause 1 of this Article shall be decided by the Chief Prosecutor of the Central Military Procuracy at the proposal of Chief Prosecutors of Military Procuracies of military zones and equivalent.

3. Procuracy Committee of Military Procuracies of military zones and equivalent shall have meetings under the chairmanship of the Chief Prosecutor to discuss and decide on the following issues:

a) Implementation of working programs and plans of the Central Military Procuracy;

b) Work review reports to be submitted to the Chief Prosecutor of the Central Military Procuracy and the Commander of military zone and equivalent;

c) Selection of employees of the Military Procuracies of military zones and equivalent or regional Military Procuracies  under its management who are qualified for sitting examinations for promotion to the rank of senior prosecutor, mid-level prosecutor and junior prosecutor;

d) Consideration and proposals from the Chief Prosecutor of Central Military Procuracy to be submitted to the Prosecutor General of the Supreme People’s Procuracy to re-appoint, relieve from duties or dismiss senior prosecutors, mid-level prosecutors and junior prosecutors working at Military Procuracies of military zones and regional Military Procuracies.

4. The Procuracy Committee shall issue a resolution when exercising the competence prescribed in Clause 3 of this Article. The resolution of the Procuracy Committee must be voted for by more than half of its total members; in case of equality of voted, the vote of the Chief Prosecutor shall be decisive. If the Chief Prosecutor disagrees with the opinion of the majority of the Procuracy Committee’s members, he/she shall still comply with the majority’s decision but may report such to the Chief Prosecutor of the Central Military Procuracy.

5. At the proposal of the Chief Prosecutor of a Military Procuracy of a military zone and equivalent, the Procuracy Committee shall discuss and give opinions on complicated criminal cases for him/her to consider and decide.

Article 56. Organizational structure of regional Military Procuracies

1. The organizational structure of a regional Military Procuracy is composed of working units and supporting apparatus.

2. A regional Military Procuracy has its Chief Prosecutor, Deputy Chief Prosecutors, prosecutors, prosecutor assistants, other soldiers, civil servants, public employees and other laborers

Article 57. Establishment and dissolution of Military Procuracies

The establishment and dissolution of Military Procuracies of military zones and equivalent, regional Military Procuracies shall be agreed upon by the Prosecutor General of the Supreme People’s Procuracy and Minister of National Defense and submitted to the Standing Committee of the National Assembly for decisions.

Chapter IV

OFFICIALS, CIVIL SERVANTS, PUBLIC EMPLOYEES AND OTHER EMPLOYEES OF PEOPLE’S PROCURACIES

Section 1

GENERAL REGULATIONS

Article 58. Officials, civil servants, public employees and other employees of People’s Procuracies

1. The judicial titles of People’s Procuracies include:

a) Chief Prosecutor, Deputy Chief Prosecutor of People’s Procuracies and Military Procuracies of all levels;

b) Prosecutor;

c) Head, Vice Head of the investigation agency;

d) Investigator;

dd) Prosecutor assistant.

2. Other civil servants, public employees and other laborers.

3. At the Military Procuracies, there are judicial titles, civil servants, public employees, other laborers prescribed in Clauses 1 and 2 of this Article and other soldiers.

Article 59. Tasks of officials, civil servants, public employees and other laborers of People’s Procuracies

1. To perform their tasks and powers; be held accountable under the laws for the performance of their tasks and powers.

2. To compensate and indemnify for damages caused when performing their tasks and powers according to laws.

3. To keep state secrets and work secrets.

4. To respect and submit to the supervision of the people.

5. To strictly observe the Constitution, laws, regulations of People’s Procuracies; to participate in law dissemination and education.

6. To constantly learn and study to improve their professional qualifications and skills.

Article 60. Transfer, rotation or secondment of civil servants and public employees of People’s Procuracies

1. The Prosecutor General of the Supreme People’s Procuracy shall decide:

a) To transfer, rotate civil servants or public employees within the People’s Procuracies. When necessary, to transfer or rotate civil servants or public employees among People’s Procuracies in the same provinces or centrally run cities;

b) To second civil servants or public employees of People’s Procuracies to work at other state agencies or units to meet working requirements.

2. Chief Prosecutors of People’s Procuracies of Provinces shall decide to transfer or rotate civil servants among People’s Procuracies in the same province or centrally-run city.

3. The Minister of National Defense shall decide:

a) To transfer or rotate prosecutors, prosecutor assistants, other soldiers, civil servants or public employees from one Military Procuracy to another that are based in different military zones and equivalent after reaching agreement with the Prosecutor General of the Supreme People's Procuracy;

b) To second prosecutors, investigators, prosecutor assistants, other soldiers, civil servants or public employees of the Military Procuaracies to work at other state agencies or units to meet working requirements after reaching agreement with the Prosecutor General of the Supreme People's Procuracy.

4. Commander of military zones or equivalent shall decide to transfer or rotate prosecutors, prosecutor assistants, other soldiers, civil servants or public employees from Military Procuracy to another within their militaty zones and the equivalent after reaching agreement with Chief Prosecutor of the Central Military Procuracy.

Article 61. Management of civil servants, public employees and other employees of People’s Procuracies

1. The Prosecutor General of the Supreme People's Procuracy shall uniformly manage civil servants and public employees and other employees of People’s Procuracies of all levels according to law, which ensure to build up a transparent and powerful People’s Procuracies.

2. Chief Prosecutors of other People’s Procuracies shall, within their respective tasks and competence, manage civil servants and other laborers of their People’s Procuracies according to this law and subject to the assignment and decentralization of the Prosecutor General of the Supreme People's Procuracy.

Section 2

CHIEF PROSECUTORS, DEPUTY CHIEF PROSECUTORS OF PEOPLE’S PROCURACIES OF ALL LEVELS

Article 62. Prosecutor General of the Supreme People’s Procuracy

1. The Prosecutor General shall be elected, relieved from duty or dismissed by the National Assembly at the proposal of the President.

2. The term of office of the Prosecutor General follows the term of the National Assembly. Upon the expiration of the term of the National Assembly, the incumbent Prosecutor General shall continue to perform his/her tasks until the National Assembly of the new legislature elects a new Prosecutor General of the Supreme People’s Procuracy.

Article 63. Tasks and powers of the Prosecutor General of the Supreme People’s Procuracy

1. To lead, direct, guide, inspect and examine the performance of tasks, implementation of working plan and building of People’s Procuracies; to make decisions on matters related to working activities of the Supreme People's Procuracy. 

2. To issue circulars, decisions, directives, regulations, statutes and working regimes applied to the People’s Procuracies.

3. To provide for the working apparatus of the Supreme People’s Procuracy and submit it to the National Assembly Standing Committee for aproval; to decide on the working apparatuses of the subordinate People’s Procuracies; to provide for the working apparatuses of the Military Procuracies after reaching agreement with the Minister of National Defense and submit it to the National Assembly Standing Committee for approval.

4. To propose the President to appoint, relieve from duty or dismiss Deputy Prosecutor General and prosecutors of the Supreme People's Procuracy.

5. To appoint, relieve from duty and dismiss senior prosecutors, mid-level prosecutors, junior prosecutors, investigators of all ranks, prosecutor assistants of different ranks.

6. To appoint, relieve from duty and dismiss the leaders and managers under his/her authority. 

7. To recommend the drafting of laws and ordinances; to direct the drafting and submission of laws and ordinances according to the laws; to request the National Assembly Standing Committee to interpret the Constitution, laws and ordinances.

8. To submit to the President his/her opinions on cases of pleading for mitigation of death sentences.

9. To direct and organize the final review meetings on experiences in prosecution and supervision over the judicial activities of People’s Procuracies.

10. To attend meetings of the Judicial Council of the Supreme People’s Court to discuss the guidance on uniform application of law.

11. To make recommendation on on the prevention and fight against crimes and law violations to the Government, ministries and other government bodies.

12. To be held accountable and able to report his/her work to the National Assembly; when the National Assembly is in recess, to be held accountable and able to report his/her work to the National Assembly Standing Committee and President; to answer questions and respond to recommendations and requests of National Assembly deputies.

13. To perform other tasks and powers as prescribed by law.

Article 64. Deputy Prosecutor Generals of the Supreme People's Procuracy

1. The Deputy Prosecutors General of the Supreme People's Procuracy shall be appointed, relieved from duty and dismissed by the President at the proposal of the Prosecutor General of the Supreme People's Procuracy.

2. The Deputy Prosecutors General of the Supreme People's Procuracy shall perform their tasks and powers as assigned or authorized by the Prosecutor General of the Supreme People's Procuracy and perform other tasks and powers as prescribed by law; be held accountable under the laws and Prosecutor General for the performance of their tasks and powers.

3. The term of office of the Deputy Prosecutors General of the Supreme People's Procuracy is at most 5 years from the date of appointment.

Article 65. Chief Prosecutors of High People's Procuracies

1. Chief Prosecutors of High People's Procuracies shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People's Procuracy.

2. Tasks and powers of Chief Prosecutors of High People's Procuracies include:

a) To direct, administer and examine the performance of tasks and implementation of working plans of High People's Procuracies; to make decisions on working activites of High People's Procuracies; to be held accountable and able to report their work to the Prosecutor General of the Supreme People's Procuracy;

b) To direct, guide and examine profestional operations in exercising the power to prosecute and supervise adjudication by the provincial Procuracies and district People's Procuracies;

c) To perform other tasks and powers as prescribed by law.

3. The term of office of Chief Prosecutors of High People's Procuracies is at most 5 years from the date of appointment.

Article 66. Chief Prosecutors of provincial People's Procuracies

1. Chief Prosecutors of provincial People's Procuracies shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People’s Procuracy.

2. Tasks and powers of Chief Prosecutors of provincial People's Procuracies include:

a) To direct, administer, inspect and examine the performance of tasks and working plans of provincial People's Procuracies; to make decisions on matters related to working activities of provincial People's Procuracies; to be held accountable and able to report on working activities of provincial People's Procuracies and their respective subordinates under their management to the Prosecutor General of the Supreme People's Procuracy; to report on the exercise of the rights to prosecution and supervision over the adjudication of provincial People's Procuracies and their respective subordinates under their management to  the respective Chief Prosecutors of High People’s Procuracies.

b) To direct, guide, inspect and examine the operation of the subordinate district People's Procuracies;

c) To report to the People’s Council of their respective provinces or centrally-run cities on working activities of their offices and respective subordinates; to respond to questions,  recommendations and requests of deputies of People’s Councils of same level;

d) To perform other tasks and powers as prescribed by laws.

3. The term of office of Chief Prosecutors of provincial People's Procuracies is 5 at most years from the date of appointment.

Article 67. Chief Prosecutors of district People's Procuracies

1. Chief Prosecutors of district People's Procuracies shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People’s Procuracy.

2. Tasks and powers of Chief Prosecutors of district People's Procuracies include:

a) To direct, admisnister and examine the performance of tasks and working plans; to make decisions on working matters of there district People's Procuracies; perform other tasks and powers as prescribed by laws; to be held accountable and able to report on their work to the respective Chief Prosecutors of provincial People's Procuracies; to report on the exercise of the rights to prosecution and supervision over the adjudication to the respective Chief Prosecutors of High People’s Procuracies when requested;

b) To present work reports to the People’s Council; to answer questions and respond to recommendations and requests of People’s Councils deputies in accordance with law.

3. The term of office of Chief Prosecutors of district People's Procuracies is at most 5 years from the date of appointment.

Article 68. Deputy Chief Prosecutors of High People’s Procuracies, provincial People’s Procuracies and district People's Procuracies

1. Deputy Chief Prosecutors of High People’s Procuracies, provincial People’s Procuracies and district People's Procuracies shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People’s Procuracy.

2. Deputy Chief Prosecutors of High People’s Procuracies, provincial People’s Procuracies and district People's Procuracies shall perform their tasks and powers as prescribed by laws or as assigned or authorized by the Chief Prosecutors of People’s Procuracies of same levels; be held accountable under the laws and to the Chief Prosecutors of People’s Procuracies of their levels for the performance of their tasks and powers;

3. The term of office of Deputy Chief Prosecutors of High People’s Procuracies, provincial People’s Procuracies and District People's Procuracies is at most 5 years from the date of appointment.

Article 69. Chief Prosecutor of the Central Military Procuracy

1. The Chief Prosecutor of the Central Military Procuracy is a Deputy Prosecutor General of the Supreme People’s Procuracy, who shall be appointed, relieved from duty and dismissed by the President at the proposal of the Prosecutor General after reaching agreement with the Minister of National Defense.

2. Tasks and powers of the Chief Prosecutors of the Central Military Procuracies include:

a) To lead, direct, guide and examine the performance of tasks, the work plans and building plan of Military Procuracies; to make decisions on working activities of the Central Military Procuracy;

b) To present reports on working activities of Military Procuracies to the Prosecutor General of the Supreme People’s Procuracy and the Minister of National Defense;

c) To propose the Prosecutor General of the Supreme People’s Procuracy to appoint, relieve from duty or dismiss Deputy Chief Prosecutors of the Central Military Procuracy; Chief Prosecutors and Deputy Chief Prosecutors of Regional Military Procuracies, Military Procuracies of military zones and equivalent; prosecutor assistants and investigators of Military Procuracies;

d) To appoint, relieve from duty and dismiss prosecutor assistants of different ranks of Military Procuracies;

đ) To perform the tasks and powers as prescribed by laws or assigned by the Prosecutor General of the Supreme People’s Procuracy and the Minister of National Defense.

3. The term of office of the Chief Prosecutor of the Central Military Procuracy is 5 at most years from the date of appointment.

Article 70. Chief Prosecutors of Military Procuracies of military zones and equivalent

1. Chief Prosecutors of Military Procuracies of military zones and equivalent shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People’s Procuracy at the proposal of the Chief Prosecutor of the Central Military Procuracy.

2. Tasks and powers of Chief Prosecutors of Military Procuracies of military zones and equivalent include:

a) To direct, administer and examine the performance of tasks and work plans, to make decisions on working acitivities of Military Procuracies of their levels; to be held accountable and able to report on working acitivities of their Military Procuracies and respective subordinate Procuracies to the Chief Prosecutor of the Central Military Procuracy; to answer questions of the military deputies at congress organized annually by political offices of military zones and equivalent;

b) To direct, guide and examine the operation of the subordinate Regional Military procuracies;

c) To perform other tasks and powers as prescribed by laws.

3. The term of office of Chief Prosecutors of Military Procuracies of military zones and the equivalent is at most 5 years from the date of appointment.

Article 71. Chief Prosecutors of Regional Military Procuracies

1. Chief Prosecutors of Regional Military Procuracies shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People’s Procuracy at the proposal of the Chief Prosecutor of the Central Military Procuracy.

2. Chief Prosecutors of Regional Military Procuracies shall direct, adiminister and examine the performance of tasks and work plans, make decisions on working activities of Military Procuracies of their levels; perform other tasks and powers as prescribed by laws; to be held accountable and able to report their works to the Chief Prosecutors of the superior Military Procuracies.

3. The term of office of Chief Prosecutors of Regional Military Procuracies is at most 5 years from the date of appointment.

Article 72. Deputy Chief Prosecutors of the Central Military Procuracy, Military Procuracies of military zones and equivalent, Regional Military Procuracies

1. Deputy Chief Prosecutors of the Central Military Procuracy, Military Procuracies of military zones and equivalent, Regional Military Procuracies shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People’s Procuracy at the proposal of the Chief Prosecutor of the Central Military Procuracy.

2. Deputy Chief Prosecutors of the Central Military Procuracy, Military Procuracies of military zones and equivalent, Regional Military Procuracies shall perform their tasks and powers as assigned or authorized by Chief Prosecutors of Military Procuracies of their levels or as prescribed by laws; be held accountable to Chief Prosecutors of People’s Procuracies of their levels and under the laws for the performance of their tasks and powers.

3. The term of office of Deputy Chief Prosecutors of the Central Military Procuracy, Military Procuracies of military zones and the equivalent, Regional Military Procuracies is at most 5 years from the date of appointment.

Article 73. Responsibilities of Chief Prosecutors and Deputy Chief Prosecutors of People’s Procuracies of different levels in executing the rights to prosecution and supervision over judicial activities

When executing the rights to prosecution and supervision over judicial activities, Chief Prosecutors and Deputy Chief Prosecutors of People’s Procuracies shall have to strictly observe the Constitution, laws and must be held accountable under the laws for their behaviors and decisions in institution of criminal cases, arrest, custody, detention, prosecution, adversarial process, protest cases and other behaviours and decisions under their competence;  if committing illegal acts, they shall, depending on the nature and severity of their acts, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall have to compensate and indemnify according to laws.  

Section 3

 PROSECUTORS AND PROSECUTOR ASSISTANTS OF PEOPLE’S PROCURACIES

Article 74. Prosecutors

Prosecutors are persons who are appointed in accordance with law to perform the function of executing the rights to prosecution and supervision over judicial activities.

Article 75. Standard criteria for prosecutors  

1. Being Vietnamese citizens, who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good ethical qualities, are upright and honest, have firm political stance and resolve to safeguard the socialist legislation.

2. Possesing a bachelor or higher degree in law.

3. Having been professionally trained for prosecutorial skills.

4. Having been engaged in practical work for a certain period of time in accordance with this Law.

5. Being physically fit to fulfill assigned tasks.

Article 76. Prosecutor ranks

1. Prosecutor ranks in People’s Procuracies include:

a) Prosecutor of the Supreme People’s Procuracy;

b) Senior prosecutor;

c) Mid-level prosecutor;

d) Junior prosecutor.

2. There are four above-mentioned ranks in the Supreme People’s Procuracy. The Central Military Procuracy has its Chief Prosecutor being as a Prosecutor of the Supreme People’s Procuracy and others hold the ranks of senior, mid-level and junior prosecutors; those working in other Procuracies have the ranks of senior, mid-level and junior prosecutors.

Article 77. Criteria for appoinment of junior prosecutors

The person who fully meets the criteria prescribed in Article 75 of this Law and every following conditions may be appointed as junior prosecutor of People’s Procuracies; if being an in-service army officer, he/she may be appointed as junior prosecutor of Military Procuracies.

1. Having been engaged in legal work for at least 4 years;

2. Being capable of executing the rights to prosecution and supervision over judicial activities; 

3. Having passed the selection examination for junior prosecutors.

Article 78. Criteria for appointment of mid-level prosecutors

1. The person who fully meets the criteria prescribed in Article 75 of this Law and every following condition may be appointed as mid-level prosecutor of People’s Procuracies; if being an in-service army officer, he/she may be appointed as mid-level prosecutor of Military Procuracies:

a) Having worked as a junior prosecutor for at least 5 years;

b) Being capable of capable of executing the rights to prosecution and supervision over judicial activities;

c) Being capable of professionally guiding junior prosecutors to execute the rights to prosecution and supervision over judicial activities;

d) Having passed the selection examination for mid-level prosecutors.

2. To respond to the personnel demand, a person who has been engaged in legal work for at least 10 years or more and fully meets the criteria prescribed in Article 75 of this Law and Clause 1 point b, c, d of this Article may be appointed as mid-level prosecutor of People’s Procuracies; if being an in-service army officer, he/she may be appointed as mid-level prosecutor of Military Procuracies.

Article 79. Criteria for appointment of senior prosecutors

1. The person who fully meets the criteria prescribed in Article 75 of this Law and every following conditions may be appointed as sẹnior prosecutor of People’s Procuracies; if being an in-service army officer, he/she may be appointed as senior prosecutor of Military Procuracies:

a) Having worked as a mid-level prosecutor for at least 5 years;

b) Being capable of capable of executing the rights to prosecution and supervision over judicial activities;

c) Being capable of professionally guiding the subordinate prosecutors to execute the rights to prosecution and supervision over judicial activities;

d) Having passed a senior prosecutor selection examination.

2. To respond to the personnel demand, a person who has been engaged in legal work for at least 15 years or more and fully meets the criteria prescribed in Article 75 of this Law and Clause 1 point b, c, d of this Article may be appointed as senior prosecutor of People’s Procuracies; if being an in-service army officer, he/she may be appointed as senior prosecutor of the Military Procuracies.

Article 80. Criteria for appointment of Prosecutors of the Supreme People’s Procuracy

1. The person who fully meets the criteria prescribed in Article 75 of this Law and every following condition may be selected and appointed as the prosecutor of the Supreme People’s Procuracy:

a) Having worked as a senior prosecutor for at least 5 years;

b) Being capable of directing and administering the exercise of the rights to prosecution and supervision over judicial activities at the Supreme People’s Procuracy;

c) Being capable of settling important matters  falling under the competence of the Supreme People’s Procuracy.

2. To respond to the personnel demand, a person who has been engaged in legal work for at least 20 years or more and fully meets the criteria prescribed in Article 75 of this Law and Clause 1 point b, c of this Article may be selected and appointed as prosecutor of the Supreme People’s Procuracy.

Article 81. Appointment of prosecutor in special cases

In special cases, the persons who are transferred by competent agencies or organizations to hold leading positions in People’s Procuracies of different levels and fully meet the criteria prescribed in Article 75 and the conditions prescribed in Clause 2 of Article 77, point b and c in Clause 1  of Article 78, 79 and 80 of this Law, though having not worked as junior, mid-level or senior prosecutors or been engaged in legal work for the prescribed duration, may still be selected and appointed as junior, mid-level, senior prosecutor or prosecutor of the Supreme People’s Procuracy.

Article 82. Term of office of prosecutors

The initial term of office of prosecutors is 5 years; in case of reappointment or promotion in ranks, the subsequent term of office is 10 years.

Article 83. Tasks, powers and responsibilities of prosecutors

1. When exercising the rights to prosecution and supervision over judicial activities, prosecutors shall abide by law and submit to the direction of Chief Prosecutors of People’s Procuracies.

Prosecutors shall abide by law and be held accountable under the laws for their behaviours and decisions in executing the rights to prosecution, make adversarial arguments at court hearings and supervision over judicial activities.

Prosecutors shall abide by decisions of Chief Prosecutors of People’s Procuracies. If there are grounds to claim that these decisions are illegal, they have the right to decline the assigned tasks and have to timely send a written report to the Chief Prosecutor. In case the Chief Prosecutor still decide to implement the decisions, he/she shall issue a written notice thereon and the prosecutors have to abide by it but they shall not be held accountable for the any arising consequences of such decisions, At the same time, they also have to report the case to the respective Chief Prosecutor of superior People’s Procuracies. The Chief Prosecutor who issues the decision shall be held accountable under the laws for his/her decision.

Chief Prosecutors of People’s Procuracies shall examine and strictly handle violations committed by prosecutors when performing assigned tasks. They are entitled to withdraw, suspend or cancel illegal decisions of prosecutors.

2. Specific tasks and powers of prosecutors when executing the rights to prosecution and supervision over judicial activities shall be prescribed by laws.

3. In cases jointly handled by more than one prosecutor, the subordinated prosecutor shall submit to the assignment and direction of the superior prosecutor. 

4. When performing assigned tasks, prosecutors have the power to issue decisions, conclusions, requests and proposals in accordance with laws.

Article 84. Prohibited acts of prosecutors

1. Acts which officials and civil servants are prohibited by law from taking.

2. Providing advices to arrestees, detainee, accused, defendants, involved parties or other procedure participants, which makes the settlement of cases or other matters unlawful.

3. Interfering in the settlement of cases and matters or taking advantage of their influence to affect persons responsible for the settling of cases and matters.

4. Bringing files or documents of cases or matters out of the promise of their agencies, except for the purpose of performing their assigned tasks or being approved by competent persons.

5. Receiving outside prescribed places with the accused, defendants, involved parties or other procedure participants regarding cases or matters which they are competent to settle.

Article 85. Oath of the prosecutors

Persons who are appointed as a prosecutor ranks must to make an oath as follow:

1. To be absolutely loyal to the Fatherland and to dedicatedly serve the people;

2. To intransigently fight all of crimes and law violations;

3. To resolvedly safeguard the Constitution, laws, justice and social equality;

4.To unceasingly strive to learn and follow the President Ho Chi Minh’s teaching: “Being impartial, upright, objective, prudent and modest”;

5. To strictly abide by disciplines and organizational and operational principles of People’s Procuracies.

Article 86. Council for selection of prosecutor of the Supreme People’s Procuracy

1. The Council for selection of prosecutor of the Supreme People’s Procuracy is composed of the Prosecutor General of the Supreme People’s Procuracy as its chairperson and representative of leadership of the Ministry of National Defense, the Ministry of Home Affairs, the Central Committee of the Vietnam Fatherland Front and the the Central Committee of Vietnam Lawyers Association as its members.

The list of members of the Council for selection of prosecutors of the Supreme People’s Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General the Supreme People’s Procuracy.

2. Tasks and powers of the Council for selection of prosecutor of the Supreme People’s Procuracy include:

a) To select qualified persons to act as prosecutors of the Supreme People’s Procuracy at the proposal of the Procuracy Committee of the Supreme People's Procuracy for submission by the Prosecutor General of the Supreme People’s Procuracy to the President for appointment;

b) To consider cases regulated in Clause 2 of Article 88 of this Law, in which the prosecutors of the Supreme People's Procuracy may be relieved from their title at the proposal of the Procuracy Committee of the Supreme People's Procuracy for submission by the Prosecutor General of the Supreme People’s Procuracy to the President for relief from duty;

c) To consider cases regulated Clause 2 of by Article 89 of this Law, in which the prosecutors of the Supreme People's Procuracy may be dismissed from their title at the proposal of the Procuracy Committee of the Supreme People's Procuracy for submission by the Prosecutor General of the Supreme People’s Procuracy to the President for dismissal.

3. The Council for selection of prosecutor of the Supreme People’s Procuracy shall work on a collective basis; the decision of the Council for selection must be approved by more than half of its members.

Article 87. The Examination Council for selection of junior prosecutors, mid-level prosecutors and senior prosecutors

1. The Examination Council for selection of junior prosecutors, mid-level prosecutors and senior prosecutors shall be composed of the Prosecutor General of the Supreme People’s Procuracy as its the chairperson, and one Deputy Prosecutor General of the Supreme People’s Procuracy, the Chief Prosecutor of the Central Military Procuracy, the representatives of the leaders of Ministry of National Defense, Ministry of Home Affairs and the Central Committee of Viet Nam Fatherland Front as its members.

The list of members of the Examination Council for selection of junior prosecutors, mid-level prosecutors and senior prosecutors shall be decided by the Prosecutor General of the Supreme People’s Procuracy.

2. Tasks and powers of the Council on selection of junior prosecutors, mid-level prosecutors and senior prosecutors include:

a) To organize examinations for selection of junior prosecutors, mid-level prosecutors and senior prosecutors;

b) To announce lists of persons who pass examinations;

c) To propose the Prosecutor General of the Supreme People’s Procuracy to appoint the persons who pass examinations as junior prosecutors, mid-level prosecutors and senior prosecutors.

3. The working regulations of the Examination Council for selection junior prosecutors, mid-level prosecutors and senior prosecutors shall be decided by the Prosecutor General of the Supreme People’s Procuracy.

Article 88. Relief from prosecutor title

1.  Prosecutors shall be automatically relieved from the prosecutor title when they retire, resign, or shift to other professions.

2. Prosecutors may be relieved from the prosecutor title due to poor health, family circumstances or other reasons which are likely to render them unable to fulfill their assigned tasks.

Article 89. Dismissal from prosecutor title

1. Prosecutors shall be automatically dismissed from prosecutor title when they are convicted by a court under legally effective judgments.

2. Depending on the nature and seriousness of their violations, prosecutors may be dismissed from prosecutor title when:

a) Committing a violation when exercising the rights to prosecution and supervision over judicial activities;

b) Violating the provisions of Article 84 of this Law;

c) Failing to uphold ethical standard;

d) Committing another illegal act.

Article 90. Prosecutor assistants

1. Prosecutor assistants are persons who are appointed in accordance with laws to assist prosecutors in exercising the right of prosecution and supervise judicial activities; perform other tasks and powers as assigned by Chief Prosecutors of People's Procuracies.

2. Prosecutor assistant ranks in People’s Procuracies include:

a) Junior prosecutor assistant;

b) Mid-level prosecutor assistant;

c) Senior prosecutor assistant.

3. The criteria for appointment to and conditions for promotion of prosecutor assistants ranks shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme People’s Procuracy.

4. Tasks and powers of prosecutor assistants include:

a) Studying cases and matters files and reporting results to prosecutors;

b) Compiling files on supervision of cases and matters;

c) Assisiting prosecutors to perform other activities when executing the rights to prosecution and supervision over the judicial activities;

d) Performing other tasks and powers according to the assignment of Chief Prosecutors.

5. Prosecutor assistants must be held accountable under the laws, to prosecutors and Chief Prosecutors of People’s Procuracies for the exercise of their tasks and powers; if committing illegal acts, they shall, subject to the nature and severity of their acts, be disciplined, administratively handled or examined for penal liability.

Section 4:

HEADS, DEPUTY HEADS, INVESTIGATORS AND OTHER STAFFS OF INVESTAGATION AGENCIES OF THE SUPREME PEOPLE’S PROCURACY AND THE CENTRAL MILITARY PROCURACY

Article 91. Heads and Deputy Heads of investigation agency of the Supreme People’s Procuracy and the Central Military Procuracy

1. Heads and Deputy Heads of investigation agency of the Supreme People’s Procuracy and the Central Military Procuracy shall be appointed, relieved from duty and dismissed by the Prosecutor General of the Supreme People’s Procuracy.

2. Head and Deputy Heads of investigation agency of the Supreme People’s Procuracy must be held accountable under the laws and to the Prosecutor General the Supreme People’s Procuracy for the exercise of their tasks and powers.

3. Head and Deputy Heads of investigation agency of the Central Military Procuracy must be held accountable under the laws, to the Prosecutor General the Supreme People’s Procuracy and the Chief Prosecutor of the Central Military Procuracy for the exercise of their tasks and powers.

Article 92. Investigators and other staffs of investigation agency of the Supreme People’s Procuracy and the Central Military Procuracy

1. The criteria for appointment and conditions for rank promotion for investigator and other titles of the investigation agency of the Supreme People's Procuracy and the Central Military Procuracy shall be prescribed by law.

2. When performing the tasks assigned and/or powers assigned by the Head of the investigation agency of the Supreme People’s Procuracy, the investigators and other staffs of investigation agency shall have to abide by laws and submit to the direction of the Head and unified leadership of the Prosecutor General of the Supreme People’s Procuracy.

3. When performing the tasks assigned and/or powers assigned by the Head of the investigation agency of the Central Military Procuracy, the investigators and other staffs of investigation agency shall have to abide by laws and submit to the direction of the Head of investigation agency, leadership of the Chief Prosecutor of the Central Military Procuracy and unified leadership of the Prosecutor General of the Supreme People’s Procuracy.

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Chapter V

ASSURANCE OF THE OPERATION OF PEOPLE’S PROCURACIES

Article 93. Total payroll, numbers and proportions of prosecutor ranks and investigator ranks of People’s Procuracies.

1. The number of prosecutors of the Supreme People’s Procuracy must not exceed 19 people.

2. The total payroll, numbers of prosecutors; proportions of prosecutor ranks at each procuracy level; number and the proportions of investigator ranks of Supreme People’s Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme People’s Procuracy after obtaining opinions of the Government.

Based on the total payroll, number and proportions of prosecutor ranks decided by the National Assembly Standing Committee, the Prosecutor General of the Supreme People’s Procuracy shall decide the payrolls and the numbers of prosecutors, other civil servants, public employees and other laborers of units under the Supreme People’s Procuracy and subordinate People’s Procuracies at lower levels.

3. The total payroll, numbers of prosecutors; the proportions of prosecutor ranks at each military procuracy level; number and proportions of investigator ranks of the Central Military Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme Peoples’s Procuracy after reaching agreement with the Minister of National Defense.

Based on the number and proportions of prosecutor ranks of Military Procuracies decided by the National Assembly Standing Committee, the Prosecutor General of the Supreme Peoples’s Procuracy shall decide the numbers of prosecutors at each military procuracy level after reaching agreement with the Minister of National Defense.

Article 94. Operational funds and facilities

1. The State shall ensure the funds and facilities for People’s Procuarcies to function according to the laws.

2. The estimation of operational funds for the People’s Procuracies shall be made by the Supreme People’s Procuracy and submitted by the Government to the National Assembly for decision. In case of disagreement between the Government and the Supreme People’s Procuracy on the estimated operational funds, the Prosecutor General of the Supreme People’s Procuracy shall request the National Assembly to consider and decide on such funds. The management, allocation and use of operation funds shall comply with the State budget law.

3. The estimation of operational funds for Military Procuracies shall be made by the Chief Prosecutor of the Central Military Procuracy and submitted to the Ministry of National Defense for the latter to submit them to the Government for subsequent submission to the National Assembly for decision. The management, allocation and use of operational funds shall comply with the State budget law.

4. The State shall prioritize the investment in buiding of working offices and procurement of equipments to improve operational capacity of People’s Procuracies.

The Government shall ensure the working offices, facilities and equipments for the Military Procuarcies at the proposal of the Minister of National Defense.

Article 95. Salary regimes

1. Prosecutors, investigators and prosecutor assistants shall have different salary scales and grades.

2. The salary of prosecutors, investigators and prosecutor assistants of People’s Procuracies shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme People’s Procuracy. The salary of other civil servants, public employees and other laborers of People’s Procuracies shall be decided according to the laws.

3. The salary of prosecutors, investigators, other soldiers, civil servants, public employees and other laborers of the Military Procuracies shall be decided according to military regime.

 

Article 96. Allowance regimes

1. The specific allowance regime of officials, civil servants, public employees of People’s Procuracies shall be decided by the National Assembly Standing Committee and the Government at the proposal of the Prosecutor General of the Supreme People’s Procuracy.

2. Prosecutors, investigators, prosecutor assistants, other soldiers, civil servants, public employees and other laborers of the Military Procuracies shall receive the procuracy’s allowance according to the laws.

3. Other allowance shall be decided according to the laws.

Article 97. Formal attires, identity cards of prosecutors, identity certificate of investigators and prosecutor assistants

1. Officials, civil servants, public employees and other laborers of the People’s Procuracies shall be provided with formal attires and collar badges; prosecutors shall be provided with epaulettes and identity cards; investigators and prosecutor assistants shall be provided with epaulettes and indentity certificate for their tasks.

Prosecutors, investigators, prosecutor assistants, other soldiers, civil servants, public employees and other laborers of the Military Procuracies shall be provided with formal attires according to the military regime.

2. The allocation and use of formal attires of People’s Procuracies, collar badges and epaulettes of the leaders of People’s Procuracies of all levels and of prosecutors, investigators, prosecutor assistants shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme People’s Procuracy.

The form, material and color of formal attires; the allocation and use of formal attires of other civil servants, public employees and other laborers of the People’s Procuracies shall be decided by the Prosecutor General of the Supreme People’s Procuracy.

3. The prosecutors’ identity cards shall be allocated and managed by the Prosecutor General of the Supreme People’s Procuracy. The form, size and color of prosecutors’ identity cards shall be decided by the National Assembly Standing Committee at the proposal of the Prosecutor General of the Supreme People’s Procuracy.

4. The identity certifications of investigators and prosecutor assistants shall be decided, allocated and managed by the Prosecutor General of the Supreme People’s Procuracy.

 

Article 98. Training and retraining regime

1. The State shall ensure an allocation of funds for training activities of People’s Procuarcies according to the laws.

2. The State shall encourage and create favorable conditions for the development of human resources for the People’s Procuracies; adopt policies prioritizing the training  and retraining of civil servants and public employees of the People’s Procuracies, who originate from minority ethnic minority people or work on the mountainous areas, islands or areas with extremely difficult socio-economic conditions.

3. The training and retraining of prosecutors, investigators, prosecutor assistants, other soldiers, civil servants, public employees and other laborers of Military Procuracies shall comply with the regulations of the Superme People’s Procuracy and Ministry of National Defense.

Article 99. Commendation, reward and handling of violations

1. Officials, civil servants, public employees and other laborers of the People’s Procuracies who have made great achievements in their work shall be commended and rewarded in accordance with the law on emulation and commendation and the regulations of the People’s Procuracies.

Soldiers, civil servants, public employees and other laborers of the Military Procuracies who have made great achievements in there work shall commended and rewarded in accordance with the law on emulation and commendation and the regulations of the People’s Procuracies and the Ministry of National Defense.

2. Officials, civil servants, public employees and other laborers of the People’s Procuracies who violate the laws or discipline shall, depending on the nature and severity of their acts, be disciplined, administratively handled or examined for penal liability in accordance with laws and regulations of People’s Procuracies.

Soldiers, civil servants, public employees and other employees of Military Procuracies who violate the laws or disciplines shall, depending on the nature and severity of their acts, be disciplined, administratively handled or examined for penal liability in accordance with laws and regulations of the People’s Procuracies and Ministry of National Defense.

 

 

 

 

 

Chapter VI

ENFORCEMENT

Article 100. Entry into force

1. This Law enters into force on June 1, 2015; except for Articles specified in Clause 2 of this Article.

2. Article 40 and 49; Clause 3,4 and 5 Article 63; Article 74 and 76; Point b and c of Clause 1 of Article 79; Point b and c of Clause 1 of Article 80; Clause 1 of Article 93 of the Law on the Organization of the People’s Procuracies take effect on February 1, 2015.

3. The Law on the Organization of People’s Procuracies No. 34/2002/QH10, Ordinance No. 03/2002/PL-UBTVQH11 on prosecutors of People’s Procuracies amended and supplemented with a number of articles according to Ordinance No. 15/2011/PL-UBTVQH12 and Ordinance No. 05/2002/PL-UBTVQH11 on the Organization of Military Procuracies shall expire on the date of entry into force of this Law.

Article 101. Implimentation guideline

The Government, Supreme People’s Procuracy and concerned agencies shall, within their respective tasks and authorities, stipulate and guide on the implementation of Clause 2 of Article 31, Article 86, 87, 90, 94, 95, 96, 97, 98 and 99 of this Law.

This Law was passed by the 13th National Assembly of the Socialist Republic of Viet Nam, at its 8th session on November 24, 2014.

 

 

CHAIRMAN OF THE NATIONAL SSEMBLY

 

 

 

Nguyen Sinh Hung

 

Organization of People’s Procuracies
Number of symbols 63/2014/QH13
Document type Law
Promulgator THE NATIONAL ASSEMBLY
The signer CHAIRMAN OF THE NATIONAL SSEMBLY: Nguyen Sinh Hung
Date issued 24/11/2014
Effective date 01/06/2015
Number of views 15489
Number of download 0