Tiếng Việt- 1 Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 2 Law No. 34/2002/QH10 of April 02, 2002, on organization of the people’s procuracies
- 3 1992 Constitution of the Socialist Republic of Vietnam
| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 03/2002/PL-UBTVQH11 | Hanoi, October 04, 2002 |
ON PROCURATORS OF THE PEOPLE’S PROCURACIES
(No. 03/2002/PL-UBTVQH11 of October 4, 2002)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001 of the Xth National Assembly, 10th session;
Pursuant to the Law on Organization of the People’s Procuracies;
This Ordinance provides for procurators of the People’s Procuracies,
Article 3.- Procurators of the People’s Procuracies in the Socialist Republic of Vietnam include:
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2. Procurators of the provincial-level People’s Procuracies, including procurators of the People’s Procuracies of the provinces and centrally-run cities;
3. Procurators of the district-level People’s Procuracies, including procurators of the People’s Procuracies of rural districts, urban districts, provincial towns and cities;
4. Procurators of the Military Procuracies of all levels, including procurators of the Central Military Procuracy, who are concurrently procurators of the Supreme People’s Procuracy; procurators of the military zone-level Military Procuracies, including procurators of the Military Procuracies of military zones and the equivalent, and procurators of the regional Military Procuracies.
Article 7.- Procurators must keep State secrets and work secrets according to the provisions of law.
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It is strictly forbidden to revenge complainants and denouncers or to abuse one’s right to complaint and denunciation to slander procurators.
Article 10.- Procurators must respect people and submit to their supervision.
When performing their tasks and exercising their powers, procurators shall contact and coordinate with the State agencies, Vietnam Fatherland Front Committees and the Front’s member organizations, other social organizations, economic organizations, people’s armed force units and individuals. Within the ambit of their functions and tasks, agencies, organizations, people’s armed force units and individuals shall have to create conditions for procurators to perform their tasks.
All acts of obstructing procurators from performing their tasks are strictly prohibited.
The directors of the local People’s Procuracies, the directors of the Military Procuracies of all levels shall, within the ambit of their tasks and powers, have to organize the implementation of training and fostering planning and plans in order to create source of procurators and improve their qualifications and capabilities; and manage the contingent of officials and procurators of their respective units.
TASKS AND POWERS OF PROCURATORS
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Procurators may refuse the assigned tasks when having grounds to believe that those tasks are contrary to law; if the directors still insist on their decisions, the procurators must abide by such decisions but the directors must be accountable for their decisions; in this case, the procurators may report to the directors of the immediate superior People’s Procuracies and shall not be held responsible for consequences of the execution of such decisions.
Procurators must refuse to conduct legal proceedings or be replaced in cases prescribed by the procedures legislation.
The directors shall have to inspect, detect, promptly redress and strictly handle law violations committed by procurators when performing their assigned tasks; and may withdraw, suspend or annul decisions groundless or contrary to law, which are made by procurators while performing tasks under the directors authorization.
Article 15.- Procurators must not do the following things:
1. Things, which, as prescribed by law, the officials and public employees must not do;
2. Providing consultancy to the defendants, the accused, the involved persons or other people involved in legal proceedings, thus making the settlement of cases or other matters contravene law provisions;
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4. Bringing case dossiers or documents in case dossiers out of their offices, not for the purpose of performing their assigned tasks or without the consents of competent persons.
5. Receiving the defendants, the accused, the involved persons or other people involved in legal proceedings in cases falling under their settling competence outside the prescribed places.
Section 1. CRITERIA OF PROCURATORS
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2. Where there appears a demand for people’s procuracy personnel, the persons who meet all the criteria prescribed in Article 2 of this Ordinance and have been engaged in legal work for 10 years or more, are capable of exercising the right to prosecution and controlling judiciary activities falling under the jurisdiction of the provincial-level People’s Procuracies or Military Procuracies of the military-zone level and are capable of providing procuracy guidance for subordinate people’s procuracies, may be selected and appointed to be procurators of the provincial-level People’s Procuracies; or procurators of the Military Procuracies of the military-zone level, if they are military officers on active service.
2. Where there appears a demand for people’s procuracy personnel, the persons who fully meet criteria prescribed in Article 2 of this Ordinance and have been engaged in legal work for 15 years or more, are capable of exercising the right to prosecution and controlling judiciary activities falling under the jurisdiction of the Supreme People’s Procuracy or the Central Military Procuracy and are capable of providing procuracy guidance for subordinate people’s procuracies, may be selected and appointed to be procurators of the Supreme People’s Procuracy; or procurators of the Central Military Procuracy, if they are military officers on active service.
Section 2. PROCEDURES FOR SELECTION, APPOINTMENT, REMOVAL FROM OFFICE AND DISMISSAL OF PROCURATORS
1. The councils for selection of procurators of the People’s Procuracies include:
a/ The council for selection of procurators of the Supreme People’s Procuracy and the Central Military Procuracy;
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c/ The council for selection of procurators of the Military Procuracies of the military-zone level and regional Military Procuracies.
2. The councils for selection of procurators shall work collectively. The councils� decisions must be voted for by more than half of the total of their members.
The list of members of the council for selection of procurators of the Supreme People’s Procuracy or the Central Military Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the chairman of the Supreme People’s Procuracy.
2. The council for selection of procurators of the Supreme People’s Procuracy or the Central Military Procuracy shall have the following tasks and powers:
a/ To select fully qualified persons to work as procurators of the Supreme People’s Procuracy or the Central Military Procuracy at the proposal of the Procuracy Committee of the Supreme People’s Procuracy so that they may be submitted by the chairman of the Supreme People’s Procuracy to the State President for appointment;
b/ To consider cases where procurators of the Supreme People’s Procuracy or the Central Military Procuracy may be removed from office as prescribed at Clause 2, Article 27 of this Ordinance at the proposal of the Procuracy Committee of the Supreme People’s Procuracy so that the chairman of the Supreme People’s Procuracy may propose them to the State President for removal;
c/ To consider cases where procurators of the Supreme People’s Procuracy or the Central Military Procuracy may be dismissed as prescribed at Clause 2, Article 28 of this Ordinance at the proposal of the Procuracy Committee of the Supreme People’s Procuracy so that they may be submitted by the chairman of the Supreme People’s Procuracy to the State President for dismissal.
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The list of members of the council for selection of procurators of the provincial- and district-level People’s Procuracies shall be decided by the chairman of the Supreme People’s Procuracy at the proposal of the chairman of the provincial People’s Council.
2. The council for selection of procurators of the provincial- or district-level People’s Procuracies shall have the following tasks and powers:
a/ To select fully qualified persons to work as procurators of the provincial- and district-level People’s Procuracies at the proposal of the Procuracy Committee of the provincial-level People’s Procuracy so that they may be proposed by the council chairman to the chairman of the Supreme People’s Procuracy for appointment;
b/ To consider cases where procurators of the provincial- or district-level People’s Procuracies may be removed from office under the provisions at Clause 2, Article 27 of this Ordinance at the proposal of the Procuracy Committee of the provincial-level People’s Procuracy so that the council chairman may propose them to the chairman of the Supreme People’s Procuracy for removal;
c/ To consider cases where procurators of the provincial- or district-level People’s Procuracies may be dismissed under the provisions at Clause 2, Article 28 of this Ordinance at the proposal of the Procuracy Committee of the provincial-level People’s Procuracy so that the council chairman may propose them to the chairman of the Supreme People’s Procuracy for dismissal.
The list of members of the council for selection of procurators of the Military Procuracies of the military- zone level or the regional Military Procuracies shall be decided by the chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy.
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a/ To select fully qualified persons to work as procurators of the Military Procuracies of the military- zone level or the regional Military Procuracies at the proposal of the Procuracy Committees of the Military Procuracies of the military-zone level so that they may be proposed by the director of the Central Military Procuracy to the chairman of the Supreme People’s Procuracy for appointment;
b/ To consider cases where procurators of the Military Procuracies of the military-zone level or the regional Military Procuracies may be removed from office under the provisions at Clause 2, Article 27 of this Ordinance at the proposal of the Procuracy Committees of the Military Procuracies of the military- zone level so that the director of the Central Military Procuracy may propose them to the chairman of the Supreme People’s Procuracy for removal;
c/ To consider cases where procurators of the Military Procuracies of the military-zone level or regional Military Procuracies may be dismissed under the provisions at Clause 2, Article 28 of this Ordinance at the proposal of the of the Procuracy Committees of the Military Procuracies of the military-zone level so that the director of the Central Military Procuracy may propose them to the chairman of the Supreme People’s Procuracy for dismissal.
1. Procurators shall be automatically removed from office upon their retirement.
2. Procurators may be removed from office due to their health conditions, family circumstances or for other reasons, which cannot ensure their fulfillment of assigned tasks.
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a/ They commit the violations in exercising the right to prosecution and controlling judiciary activities;
b/ They violate the provisions in Article 15 of this Ordinance;
c/ They are disciplined in form of dismissal from their current managerial posts according to the provisions of the legislation on officials and public employees;
d/ They violates the stipulations on moral qualities;
e/ They commit other acts of violation.
2. The directors of the provincial-level People’s Procuracies shall be appointed, removed from office and dismissed by the chairman of the Supreme People’s Procuracy at the proposals of the Procuracy Committees of the provincial-level People’s Procuracies.
3. The deputy-directors of the provincial-level People’s Procuracies, the directors and deputy-directors of the district-level People’s Procuracies shall be appointed, removed from office and dismissed by the chairman of the Supreme People’s Procuracy at the proposals of the directors of the provincial-level People’s Procuracies.
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5. The term of office of the vice-chairmen of the Supreme People’s Procuracy, the directors and deputy directors of the local People’s Procuracies and Military Procuracies shall be 5 years as from the date of their appointment.
a/ To transfer procurators from a local People’s Procuracy to another one of the same level;
b/ To second procurators from a People’s Procuracy to another one for a definite period of time.
2. To ensure that the Military Procuracies perform their functions and tasks, the Minister of Defense shall decide:
a/ To transfer procurators from a Military Procuracy to another one of the same level after reaching agreement with the chairman of the Supreme People’s Procuracy;
b/ To second procurators from a Military Procuracy to another one for a definite period of time.
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2. When performing their tasks, procurators shall be exempt from bridge, ferry and road tolls under law provisions.
The model of uniform, the regime of supply and use of uniforms, badges, stripes and identity cards, of procurators, shall be submitted by the chairman of the Supreme People’s Procuracy to the National Assembly Standing Committee for decision.
All previous regulations contrary to this Ordinance are hereby annulled.
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ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An
- 1 Ordinance No. 15/2011/UBTVQH12 of February 19, 2011, amending and supplementing a number of articles of the Ordinance on Procurators of the People''s Procuracies
- 2 Law No. 63/2014/QH13 dated November 24, 2014, on organization of People’s Procuracies
- 3 Law No. 63/2014/QH13 dated November 24, 2014, on organization of People’s Procuracies
- 1 Law No. 34/2002/QH10 of April 02, 2002, on organization of the people’s procuracies
- 2 Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 3 1992 Constitution of the Socialist Republic of Vietnam