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: 05/2002/PL-UBTVQH11 | Hanoi, November 04, 2002 |
ON ORGANIZATION OF THE MILITARY PROCURACIES
(No. 05/2002/PL-UBTVQH11 of November 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 organization and operation of the Military Procuracies.
Within the ambit of their functions, the Military Procuracies have the tasks of contributing to defending the socialist legislation, the socialist regime and the people’s right to mastery; maintaining national security and defense, the army’s discipline and combat strength; protecting the State’s and collective’s properties, the life, health, properties, freedom, honor and dignity of armymen, defense employees and workers and other citizens; ensuring that all acts of infringing upon the State’s and collective’s interests, the rights and legitimate interests of armymen, defense employees and workers and other citizens shall be handled according to law.
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2. Investigating a number of crimes of infringing upon judicial activities where the offenders are officials working in the army’s judicial bodies;
3. Exercising the right to prosecution and controlling law observance in the adjudication of criminal cases by the Military Courts;
4. Controlling law observance in the execution of judgments and decisions of the Military Courts;
5. Controlling law observance in the custody, detention and prisoner management and education by the army’s judicial bodies.
In cases where the above-mentioned documents are contrary to law, the document-issuing persons shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability.
Decisions, protests, petitions and requests of the Military Procuracies must be executed by the people’s armed force units, relevant agencies, organizations and individuals strictly according to law provisions.
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Commanders at all levels shall have to promptly notify criminal acts occurring in their respective agencies or units to the nearest Military Procuracies.
Within the ambit of their functions and tasks, the Military Procuracies shall have to conduct the crime-related statistical work; and other legal proceeding agencies of the army shall have to coordinate with the Military Procuracies in performing this task.
The superior Military Procuracies shall have to inspect, detect and promptly redress law violations committed by the subordinate Military Procuracies. The directors of the superior Military Procuracies shall be competent to withdraw, suspend or annul groundless and unlawful decisions of the subordinate Military Procuracies.
The Central Military Procuracy, the Military Procuracies of military zones and the equivalent shall set up the Procuracy Committees to discuss and decide by majority on important issues under law provisions.
The deputy directors of the Central Military Pocuracy shall be appointed, removed from office or dismissed by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy after reaching agreement with the Minister of Defense.
Procurators of the Central Military Procuracy are procurators of the Supreme People’s Procuracy, appointed, removed from office or dismissed by the State President at the proposal of the Chairman of the Supreme People’s Procuracy.
The directors, deputy directors and procurators of the Military Procuracies of military zones and the equivalent; the directors, deputy directors and procurators of the regional Military Procuracies shall be appointed, removed from office or dismissed by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy
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The deputy directors shall assist the director, performing tasks assigned by the latter. In cases where the director is absent, a deputy director shall be authorized by the director to direct the work of the concerned Military Procuracy. The deputy directors shall be answerable to the director for the assigned tasks.
Procurators of the Military Procuracies shall perform the tasks assigned by their respective directors according to the Ordinance on Procurators of the People’s Procuracies.
The Military Procuracies shall have to answer questions of the People’s Council deputies about their activities related to the localities.
Agencies and persons that receive such requests, petitions, complaints or denunciations shall have to settle them and give replies according to law provisions.
It is strictly forbidden to revenge complainants or denouncers or to abuse the right to complaint and denunciation to slander procurators or investigators of the Military Procuracies.
When performing their tasks and exercising their powers, procurators and investigators of the Military Procuracies 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.
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All acts of obstructing procurators and investigators of the Military Procuracies in performing their tasks are strictly prohibited.
WORKS FOR PERFORMANCE OF FUNCTIONS OF THE MILITARY PROCURACIES
Section 1. EXERCISING THE RIGHT TO PROSECUTION AND CONTROLLING THE INVESTIGATION OF CRIMINAL CASES
1. All criminal acts must be prosecuted, investigated and handled in time, not to omit crimes and criminals or not to cause injustice to innocent people;
2. No one be prosecuted, arrested, kept in custody or detained, have the civil rights restricted, have his/her life, health, properties, freedom, honor or dignity infringed upon illegally.
3. The investigation must be objective, exhaustive, complete, accurate and lawful; law violations in the course of investigation must be detected and redressed in time and handled strictly.
4. The penal liability examination against the accused must have grounds and comply with law.
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1. To institute criminal cases and initiate legal action against the accused; to request the investigating agencies to institute criminal cases and initiate legal action against the accused or change decisions thereon;
2. To set investigation requirements and request the investigating agencies to conduct investigation; to directly conduct a number of investigative activities according to the provisions of law;
3. To request the heads of the investigating agencies to replace investigators under law provisions; if the investigators’ acts show criminal signs, to institute criminal cases against such acts;
4. To decide on the application, alteration or cancellation of the measures of arrest, custody, detention or other preventive measures; to approve or disapprove decisions of the investigating agencies under law provisions;
5. To annul unlawful decisions of the investigating agencies;
6. To decide on the prosecution of the accused; to decide on the suspension or temporary suspension of investigation; to suspend or temporarily suspend cases.
1. To control the case institution, the investigative activities and the compilation of case dossiers by the investigating agencies;
2. To control law observance by the persons involved in legal proceedings;
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4. To request the investigating agencies to redress law violations in the investigative activities; to request the heads of the investing agencies to strictly handle those investigators who break law while conducting investigations;
5. To propose the concerned agencies, units and organizations to apply measures to prevent crimes and law violations.
2. The investigating agencies, the concerned agencies, people’s armed force units, organizations and individuals shall have to strictly execute decisions and requirements of the Military Procuracies under law provisions.
Section 2. EXERCISING THE RIGHT TO PROSECUTION AND CONTROLLING THE ADJUDICATION OF CRIMINAL CASES
1. To read the Military Procuracies’ indictments and decisions related to the settlement of cases at court sessions;
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3. To raise the Military Procuracies’ viewpoints on case settlement at the supervisory and review court sessions.
1. To control law observance in adjudicating activities of the Military Procuracies;
2. To control law observance by the persons involved in legal proceedings.
3. To control judgments and decisions of the Military Courts under law provisions;
4. To request the Military Courts of the same level and lower level to transfer dossiers of criminal cases for protest consideration and decision.
Section 3. CONTROLLING JUDGMENT EXECUTION
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1. To request the Military Procuracies, the judgment-executing agencies of the same level and lower level, the executors as well as agencies, units, organizations and individuals related to judgment execution:
a/ To issue judgment-execution decisions strictly according to law provisions;
b/ To inspect by themselves the execution of already legally effective judgments and/or decisions as well as judgments and/or decisions which must be executed immediately under law provisions, and notify the inspection results to the Military Procuracies;
c/ To execute already legally effective judgments and/or decisions as well as judgments and/or decisions which must be executed immediately under law provisions;
d/ To supply dossiers, documents and material evidences related to judgment execution.
2. To directly inspect law observance in judgment execution by the judgment-executing agencies of the same level and lower level, the executors, the concerned agencies, units, organizations and individuals, and the settlement of appeals, petitions and denunciations about judgment execution;
3. To join in consideration of reduction of penalty terms or remission of criminal records;
4. To propose penalty exemption under law provisions;
5. To lodge protests with the Military Procuracies, the judgment-executing agencies of the same level and lower level, the executors, and the agencies, units and/or organizations responsible for judgment execution; to request the execution suspension, the amendment or annulment of law-violating decisions in judgment execution, thus terminating law violations in judgment execution; and effect criminal institution if criminal signs are detected.
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Regarding the protests mentioned in Clause 5, Article 21 of this Ordinance, the Military Procuracies, the judgment-executing agencies, the executors, the concerned agencies, units, organizations and individuals shall have to give replies within 15 days after receiving them.
Section 4. CONTROLLING THE CUSTODY, DETENTION, PRISONER MANAGEMENT AND EDUCATION
1. The custody, detention, prisoner management and education are compliant with law provisions;
2. The regime of custody, detention, prisoner management and education is strictly observed;
3. The life, properties, honor and dignity of the persons kept in custody or detained or prisoners, and other rights of these persons, which are not stripped off by law, are respected.
1. To regularly or irregularly conduct direct control at houses of custody, detention camps or prisons;
2. To examine dossiers and documents of agencies of the same level and lower level, which are responsible for the custody, detention, prisoner management and education, to meet and question the persons kept in custody or detained or prisoners about the custody and detention;
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4. To request agencies of the same level and lower level in charge of the custody, detention, prisoner management and education to look into the custody houses and detention camps, and notify the results to the Military Procuracies;
5. To request agencies of the same level and lower level and responsible persons to notify the situation on the custody, detention, prisoner management and education; and give replies about law-breaking decisions, measures or acts in the custody, detention, prisoner management and education;
6. To lodge protests with the agencies of the same level and lower level, requesting the suspension of execution, amendment or annulment of law-breaking violations in the custody, detention, prisoner management and education, or the termination of law violations as well as the handling of law offenders.
1. Detect and promptly handle cases of injustice in the custody, detention, management and education; decide on the immediate release of the persons kept in custody or detained or prisoners if the custody, detention or imprisonment is groundless and contrary to law;
2. When detecting criminal signs in the custody, detention or prisoner management and education, institute or request the investigating agencies to institute criminal cases.
For the requests mentioned in Clauses 4 and 5 of Article 24 of this Ordinance, the responsible agencies, units and persons must give their replies within 30 days after receiving them.
For decisions mentioned in Clause 1, Article 25 of this Ordinance, the responsible agencies, units or persons must execute them immediately; if disagreeing with such decisions, they shall still have to execute them but may lodge complaints to the immediate superior Military Procuracies. Within 10 days after receiving such complaints, the directors of the imme-diate superior Military Procuracies must settle them.
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ORGANIZATION OF THE MILITARY PROCURACIES
Based on the army’s tasks and organization in each period, the Chairman of the Supreme People’s Procuracy shall reach agreement with the Minister of Defense and submit to the National Assembly Standing Committee for decision on the establishment and dissolution of the Military Procuracies of military zones and the equivalent, and the regional Military Procuracies.
2. The Central Military Procuracy is composed of the Procuracy Committee, sections and office.
3. The Central Military Procuracy has its director, deputy directors, procurators and investigators.
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a/ The director;
b/ The deputy directors;
c/ A number of procurators of the Central Military Procuracy, to be decided by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy.
2. The Procuracy Committee of the Central Military Procuracy shall meet under the chairmanship of the director to discuss and decide on the following important issues:
a/ Orientations, tasks, and plans of action of the Military Procuracies;
b/ Reports of the director of the Central Military Procuracy before the Chairman of the Supreme People’s Court and the Minister of Defense, on the work of the Military Procuracies;
c/ Proposals of the Central Military Procuracy on crime prevention and fight in the army, to be sent to the Minister of Defense;
d/ Important criminal cases;
e/ Other important issues as requested by at least one third of the total number of the Procuracy Committee members.
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1. To direct the performance of tasks and implementation of the work of control, and develop the Military Procuracies all-sidedly; decide on matters related to the control work, which fall beyond the competence of the Procuracy Committee; take responsibility for and report on the control work within the army to the Chairman of the Supreme People’s Procuracy;
2. To guide, direct and inspect the operation of the Military Procuracies of all levels; organize the training and fostering of personnel of the Military Procuracies.
3. To organize the gathering of statistics on crimes in the army;
4. To perform other tasks according to the provisions of law.
2. The Military Procuracies of military zones and the equivalent have their directors, deputy directors and procurators.
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a/ The director;
b/ The deputy directors;
c/ A number of procurators of the Military Procuracy of the military zone or the equivalent, which shall be decided by the director of the Central Military Procuracy at the proposal of the director of the Military Procuracy of the military zone or the equivalent.
2. The Procuracy Committees of the Military Procuracies of military zones and the equivalent shall meet under the chairmanship of the directors to discuss and decide on the following important issues:
a/ The implementation of the orientations, tasks and plans of actions of the director of the Central Military Procuracy;
b/ The sum-up reports to the Central Military Procuracy;
c/ The important criminal cases;
d/ Other important issues specified by the Chairman of the Supreme People’s Procuracy and the director of the Central Military Procuracy.
The Procuracy Committee’s resolutions shall be approved only when they are voted for by over a half of the total number of its members; if the votes for and against are equal, the side with the director’s opinion shall prevail. If the director disagrees with the opinion of the majority of the Procuracy Committee’s members, the majority’s decision must be abided by but the director may report his opinion to the director of the Central Military Procuracy.
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2. The regional Military Procuracies have their directors, deputy directors and procurators.
The working apparatuses of the Military Procuracies of military zones and the equivalent and of the regional Military Procuracies shall be prescribed by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy after reaching agreement with the Minister of Defense.
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The concrete criteria, procedures for selection, appointment, removal from office and dismissal of procurators of the Military Procuracies shall comply with the provisions of the Ordinance on Procurators of the People’s Procuracies.
The concrete criteria and procedures for selection, appointment, removal from office and dismissal of investigators of the Central Military Procuracy shall comply with the provisions of the Ordinance on Organization of Criminal Investigation.
The tasks and powers of procurators of the Military Procuracies shall be provided for by law.
2. When performing their tasks and exercising their powers under assignment by the heads of the investigating agencies, the investigators of the Central Military Procuracy must abide by law and submit to the personal direction of the heads of the investigating agencies and the uniform leadership of the Chairman of the Supreme People’s Procuracy.
The tasks and powers of investigators of the Central Military Procuracy shall be provided for by law.
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2. If the directors, deputy directors, procurators of the Military Procuracies and/or investigators of the Central Military Procuracy cause damage while performing their tasks and/or exercising their powers, the Military Procuracies where those persons work shall have to pay compensations and the persons having caused the damage shall have to make redemption to the Military Procuracies under law provisions.
ENSURING OPERATIONS OF THE MILITARY PROCURACIES
The identity cards and preferential treatment regime for procurators of the Military Procuracies and investigators of the Central Military Procuracy when performing their duties shall be provided for by the National Assembly Standing Committee.
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3. The State shall give priority to investment in the development of information technology and other means to ensure that the Military Procuracies well perform their functions and tasks.
Article 43.- This Ordinance takes effect as from November 15, 2002.
This Ordinance replaces the April 26, 1993 Ordinance on Organization of the Military Procuracies.
The previous regulations contrary to this Ordinance are hereby annulled.
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- 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