Ordinance No. 03/2002/PL-UBTVQH11 on Prosecutors of the People's Procuracy

ORDINANCE

Prosecutor of the People's Procuracy

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH11 dated December 25, 2001 of the National Assembly, tenth session;

Based on the Law on position of the People's Procuracy;

This Ordinance stipulates on Prosecutors of the People's Procuracy.

PART I

GENERAL PROVISIONS

Article 1. A Prosecutor is a person appointed in accordance with the law to perform the task of exercising public prosecution rights and supervising judicial activities.

Article 2. Citizens of Vietnam who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good moral character, integrity, and honesty, hold a bachelor's degree in law, have been trained in prosecution business, have a firm spirit to protect the socialist legal system, have practical work experience as prescribed by this Ordinance, and have health conditions ensuring the completion of assigned tasks, may be selected and appointed as Prosecutors. . Prosecutors of the People's Procuracy in the Socialist Republic of Vietnam include:

Article 31. Prosecutors of the Supreme People's Procuracy; Prosecutors of the provincial People's Procuracy include Prosecutors of the provincial People's Procuracy and the provincial-level city directly under the Central Government;

3. Prosecutors of the district People's Procuracy include Prosecutors of the district People's Procuracy, urban district, town, and provincial-level city;

2. 4. Prosecutors of the military People's Procuracy at all levels include Prosecutors of the Central Military People's Procuracy concurrently serving as Prosecutors of the Supreme People's Procuracy; Prosecutors of the Military People's Procuracy at the military region level including Prosecutors of the Military People's Procuracy of the military region and equivalent units; Prosecutors of the Military People's Procuracy in the area.

. The term of office of a Prosecutor is five years, starting from the date of appointment. . Prosecutors are responsible before the law for performing their duties and powers; if they violate the law, they will be subject to disciplinary action or criminal responsibility according to the provisions of the law depending on the nature and extent of the violation.

When performing their duties and powers, if a Prosecutor causes damage, the People's Procuracy where they work must bear the responsibility for compensation, and the person causing the damage must compensate the People's Procuracy according to the provisions of the law.

Article 4. Prosecutors must keep state secrets and work secrets according to the provisions of the law.

Article 5State agencies, organizations, armed forces, and related individuals are responsible for strictly implementing decisions, protests, suggestions, and requests of Prosecutors according to the provisions of the law.

Article 6. When discovering that decisions, protests, suggestions, requests, and other actions of Prosecutors lack grounds or violate the law, state agencies, organizations, and armed forces have the right to request suggestions, complaints; individuals have the right to suggest, complain, or report to the Chief Prosecutor of the same-level People's Procuracy, the Chief Prosecutor of the higher-level People's Procuracy, or the competent state agency.

, Clause 1, Clause 2 Article 7a of this Regulation.Agencies and persons receiving requests, suggestions, complaints, or reports have the responsibility to handle and respond according to the provisions of the law.

Article 87. Organization Department, Strictly prohibited is retaliating against those who file complaints or reports or misusing the right to complain or report to defame Prosecutors.

Article 9. Prosecutors must respect the people and be subject to the supervision of the people. When performing their duties and powers, Prosecutors shall contact and coordinate with state agencies, the Vietnam Fatherland Front Committee, member organizations of the Front, other social organizations, economic organizations, armed forces, and individuals. Within their functions and responsibilities, state agencies, organizations, armed forces, and individuals have the responsibility to create favorable conditions for Prosecutors to perform their duties.

Strictly prohibited are any acts that obstruct Prosecutors from performing their duties.

The Chief Prosecutor of the Supreme People's Procuracy manages uniformly the team of Prosecutors and training and development work for Prosecutors at all levels; ensures the implementation of regulations for Prosecutors according to the law, and builds a clean and strong People's Procuracy sector. The Chief Prosecutor of local People's Procuracies and the Chief Prosecutor of military People's Procuracies at all levels within their scope of duties and powers are responsible for organizing the implementation of planning, training plans to create sources and improve the qualifications and capabilities of Prosecutors; managing the cadre and Prosecutor teams of their units.

Article 10DUTIES AND POWERS OF PROSECUTORS

. Prosecutors perform the duty of exercising public prosecution rights and supervising judicial activities within the jurisdiction of their own People's Procuracy according to the assignment of the Chief Prosecutor and are responsible to the Chief Prosecutor. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Specific duties and powers of Prosecutors when exercising public prosecution rights and supervising judicial activities are prescribed by law. When performing their duties, Prosecutors must comply with the law and be directly guided by the Chief Prosecutor of their own People's Procuracy and uniformly led by the Chief Prosecutor of the Supreme People's Procuracy.

Prosecutors have the right to refuse assignments if there is evidence that such assignments are contrary to the law; if the Chief Prosecutor still decides, the Prosecutor must comply, but the Chief Prosecutor must bear responsibility for his decision; in this case, the Prosecutor has the right to report to the higher-level Chief Prosecutor and is not responsible for the consequences of executing that decision.

Article 11Prosecutors must refuse to initiate proceedings or be replaced in cases prescribed by procedural laws.

Within the scope of their assigned work, Prosecutors have the right to issue decisions, suggestions, protests, and requests according to the law, except for matters within the authority of the Chief Prosecutor.

PART II

The Chief Prosecutor is responsible for checking, promptly identifying, correcting, and strictly handling violations of the law by Prosecutors when performing their assigned tasks; has the right to withdraw, suspend, or revoke decisions without grounds or contrary to the law made by Prosecutors when performing tasks delegated by the Chief Prosecutor.

Article 12Prosecutors shall not engage in the following activities:

1. Activities that the law prohibits civil servants from engaging in;

Article 13When performing their duties, Prosecutors must comply with the law and be directly guided by the Chief Prosecutor of their level's Office of Public Prosecution, and uniformly led by the Chief Prosecutor of the Supreme People's Office of Public Prosecution. Prosecutors have the right to refuse assigned tasks if they believe such actions would violate the law; if the Chief Prosecutor still decides otherwise, the Prosecutor must comply, but the Chief Prosecutor shall bear responsibility for that decision; in this case, the Prosecutor has the right to report to the immediate higher-level Chief Prosecutor and shall not be held responsible for the consequences of implementing that decision.

Prosecutors must refuse to initiate proceedings or be replaced in cases as prescribed by procedural laws.

Within the scope of their assigned work, Prosecutors have the authority to issue decisions, recommendations, appeals, and requests according to the provisions of the law, except for matters within the purview of the Chief Prosecutor.

Article 14The Chief Prosecutor is responsible for promptly detecting, correcting, and strictly handling violations of the law by Prosecutors when performing assigned tasks; has the authority to withdraw, suspend, or revoke decisions without basis or contrary to the law made by Prosecutors during tasks delegated by the Chief Prosecutor.

The President has the responsibility to inspect, detect, promptly rectify and strictly handle violations of the law by Prosecutors when performing assigned tasks; has the authority to withdraw, suspend or revoke decisions without basis or contrary to the law made by Prosecutors when carrying out tasks delegated by the President.

Article 15Prosecutors shall not engage in the following activities:

1. Activities prohibited for civil servants as stipulated by law;

2. Advising the accused, defendant, party concerned, or other person participating in the proceedings to make the resolution of the case or other matters inconsistent with the provisions of the law;

3. Illegally intervening in the resolution of cases or exploiting their influence to affect those responsible for resolving the case;

4. Removing case files or documents within the file out of the agency unless it is for assigned tasks or with the consent of authorized personnel;

5. Meeting with the accused, defendant, party concerned, or other person participating in the proceedings outside the designated place in cases within their jurisdiction;

Article 16. Prosecutors must set an example in complying with the Constitution and laws, lead a healthy lifestyle, and respect public conduct rules; participate in promoting and disseminating the law.

Article 17. Prosecutors have the responsibility to study and research to improve their professional skills.

CHAPTER III

STANDARDS FOR PROSECUTORS.

RECRUITMENT PROCEDURES CHỌN, POSITIONS, APPOINTMENTS,体制机制物质技术条件、人力资源报告（根据2016年7月1日第105/2016/NĐ-CP号政府决议附表02规定，该决议对计量器具和测量标准的检定、校准、检测活动条件进行了规定，并经2018年第154/2018/NĐ-CP号决议第二条第十二条修正）RESPONSIBILITIES, REMOVAL FROM THE POSITION OF PROSECUTOR APPOINTMENTS,体制机制物质技术条件、人力资源报告（根据2016年7月1日第105/2016/NĐ-CP号政府决议附表02规定，该决议对计量器具和测量标准的检定、校准、检测活动条件进行了规定，并经2018年第154/2018/NĐ-CP号决议第二条第十二条修正）RESPONSIBILITIES, STANDARDS FOR PROSECUTORS

Section 1. . A person who meets the standards prescribed in Article 2 of this Ordinance, has worked in legal affairs for at least four years, possesses the ability to exercise prosecution powers and supervise judicial activities within the jurisdiction of the People's Procuracy at the district level or Military Procuracy at the regional level, may be selected and appointed as a Prosecutor of the People's Procuracy at the district level; if such person is a serving military officer, they may be selected and appointed as a Prosecutor of the Military Procuracy at the regional level.

Article 181. A person who meets the standards prescribed in Article 2 of this Ordinance and has been a Prosecutor of the People's Procuracy at the district level or Military Procuracy at the regional level for at least five years, possesses the ability to exercise prosecution powers and supervise judicial activities within the jurisdiction of the People's Procuracy at the provincial level or Military Procuracy at the military zone level, and has the capacity to guide the prosecution business to lower-level procuracies, may be selected and appointed as a Prosecutor of the People's Procuracy at the provincial level; if such person is a serving military officer, they may be selected and appointed as a Prosecutor of the Military Procuracy at the military zone level.

Article 19.

2. In cases where there is a need for personnel in the Procuracy sector, a person who meets the standards prescribed in Article 2 of this Ordinance and has worked in legal affairs for at least ten years, possesses the ability to exercise prosecution powers and supervise judicial activities within the jurisdiction of the People's Procuracy at the provincial level or Military Procuracy at the military zone level, and has the capacity to guide the prosecution business to lower-level procuracies, may be selected and appointed as a Prosecutor of the People's Procuracy at the provincial level; if such person is a serving military officer, they may be selected and appointed as a Prosecutor of the Military Procuracy at the military zone level.

1. A person who meets the standards prescribed in Article 2 of this Ordinance and has been a Prosecutor of the People's Procuracy at the provincial level or Military Procuracy at the military zone level for at least five years, possesses the ability to exercise prosecution powers and supervise judicial activities within the jurisdiction of the Supreme People's Procuracy or Central Military Procuracy, and has the capacity to guide the prosecution business to lower-level procuracies, may be selected and appointed as a Prosecutor of the Supreme People's Procuracy; if such person is a serving military officer, they may be selected and appointed as a Prosecutor of the Central Military Procuracy.

Article 20.

2. In cases where there is a need for personnel in the Procuracy sector, a person who meets the standards prescribed in Article 2 of this Ordinance and has worked in legal affairs for at least fifteen years, possesses the ability to exercise prosecution powers and supervise judicial activities within the jurisdiction of the Supreme People's Procuracy or Central Military Procuracy, and has the capacity to guide the prosecution business to lower-level procuracies, may be selected and appointed as a Prosecutor of the Supreme People's Procuracy; if such person is a serving military officer, they may be selected and appointed as a Prosecutor of the Central Military Procuracy.

In cases of necessity, a person currently working in the Procuracy sector or a person authorized by competent authorities

Article 21. In necessary cases, individuals working in the People's Public Prosecution Service or persons authorized by competent agencies or organizations Those who are transferred to work in the People's Procuracy although they have not yet served the required time as a Procurator at a lower-level Procuracy or have not yet served the required time in legal work, but meet all other criteria specified in Article 18, Article 19, or Article 20 of this Ordinance, may also be selected and appointed as a Procurator of a provincial-level Procuracy, a Procurator of a district-level Procuracy, or a Procurator of the Supreme People's Procuracy; if such person is a serving military officer, they may be selected and appointed as a Military Procurator of a Military Region Procuracy, a Military Procurator of a Military Zone Procuracy, or a Military Procurator of the Central Military Procuracy.

SECTION 2. PROCEDURES FOR SELECTING, APPOINTING, REMOVING, AND DISMISSING PROCURATORS

Article 22.

1. The Selection Council for Procurators of the People's Procuracy consists of:

a) The Selection Council for Procurators of the Supreme People's Procuracy and the Central Military Procuracy;

b) The Selection Councils for Procurators of provincial-level People's Procuracy and district-level People's Procuracy;

c) The Selection Council for Procurators of the Military Zone Procuracy and the Military Region Procuracy.

2. The Selection Council for Procurators operates under a collective decision-making system. Decisions of the Selection Council for Procurators must be approved by more than half of the total number of members voting.

Article 23.

1. The Selection Council for Procurators of the Supreme People's Procuracy and the Central Military Procuracy includes the President of the Supreme People's Procuracy as Chairman, representatives from the Central Steering Committee of the Vietnam Fatherland Front, and the Central Executive Committee of the Vietnam Bar Association as members. 26. Of National Defense and the Ministry of Transport to organize the implementation of this Circular. of Home Affairs, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Central Committee of the Vietnam Fatherland Front, the Central Committee of the Vietnam Bar Association may serve as members. Standing Committee of the National Assembly decides upon the proposal of the Chief Prosecutor of the Supreme People's Office of Public Prosecution.

The list of members of the Selection Council for Procurators of the Supreme People's Procuracy and the Central Military Procuracy is decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Procuracy. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Supreme People's Office of Public Prosecution's Inspection Board to propose the Chief Prosecutor of the Supreme People's Office of Public Prosecution to submit to the President for appointment;

2. The Selection Council for Procurators of the Supreme People's Procuracy and the Central Military Procuracy has the following tasks and powers:

a) To select individuals meeting the criteria to become Procurators of the Supreme People's Procuracy and the Central Military Procuracy based on the recommendation of the Inspection Department of the Supreme People's Procuracy, which will then be submitted by the President of the Supreme People's Procuracy to the State President for appointment; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Supreme People's Office of Public Prosecution's Inspection Board to propose the Chief Prosecutor of the Supreme People's Office of Public Prosecution to submit to the President for removal from office;

b) To review cases where Procurators of the Supreme People's Procuracy and the Central Military Procuracy may be relieved of their duties as Procurators as stipulated in Clause 2 of Article 27 of this Ordinance based on the recommendation of the Inspection Department of the Supreme People's Procuracy, which will then be submitted by the President of the Supreme People's Procuracy to the State President for relief; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).1. The Selection Council for Prosecutors of the People's Office of Public Prosecution at provincial level and district level consists of the Chairman or Vice-Chairman of the Provincial People's Council as Chairman, the Chief Prosecutor of the People's Office of Public Prosecution at provincial level, representatives of leadership of the organization and management agency,

c) To review cases where Procurators of the Supreme People's Procuracy and the Central Military Procuracy may be dismissed from their duties as Procurators as stipulated in Clause 2 of Article 28 of this Ordinance based on the recommendation of the Inspection Department of the Supreme People's Procuracy, which will then be submitted by the President of the Supreme People's Procuracy to the State President for dismissal. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).1. The Selection Council for Procurators of a provincial-level People's Procuracy and a district-level People's Procuracy consists of the Chairman or Vice-Chairman of the Provincial People's Council as Chairman, the President of the Provincial People's Procuracy, and representatives from the Organizational Affairs Committee of the Provincial People's Council and the Provincial Bar Association as members.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.".

Vietnam Fatherland Front, the Provincial Bar Association as members. The Supreme People's Office of Public Prosecution's Inspection Board to propose the Chairman of the Council to request the Chief Prosecutor of the Supreme People's Office of Public Prosecution for appointment; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Specific duties and powers of Prosecutors when exercising public prosecution rights and supervising judicial activities are prescribed by law. The Supreme People's Office of Public Prosecution's Inspection Board to propose the Chairman of the Council to request the Chief Prosecutor of the Supreme People's Office of Public Prosecution for removal from office;

The list of members of the Selection Council for Procurators of a provincial-level People's Procuracy and a district-level People's Procuracy is decided by the President of the Supreme People's Procuracy upon the proposal of the Chairman of the Provincial People's Council.

2. The Selection Council for Procurators of a provincial-level People's Procuracy and a district-level People's Procuracy has the following tasks and powers:

a) To select individuals meeting the criteria to become Procurators of a provincial-level People's Procuracy and a district-level People's Procuracy based on the recommendation of the Inspection Department of the Provincial People's Procuracy, which will then be proposed by the Chairman of the Provincial People's Council to the President of the Supreme People's Procuracy for appointment; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).2. The Selection Council for Prosecutors of the Military Office of Public Prosecution at military region level and regional Military Office of Public Prosecution has the following responsibilities and authorities:

b) To review cases where Procurators of a provincial-level People's Procuracy and a district-level People's Procuracy may be relieved of their duties as Procurators as stipulated in Clause 2 of Article 27 of this Ordinance based on the recommendation of the Inspection Department of the Provincial People's Procuracy, which will then be proposed by the Chairman of the Provincial People's Council to the President of the Supreme People's Procuracy for relief; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Military Region Office of Public Prosecution's Inspection Board to propose the Chief Prosecutor of the Central Military Office of Public Prosecution to request the Chief Prosecutor of the Supreme People's Office of Public Prosecution for appointment; c) To review cases where Procurators of a provincial-level People's Procuracy and a district-level People's Procuracy may be dismissed from their duties as Procurators as stipulated in Clause 2 of Article 28 of this Ordinance based on the recommendation of the Inspection Department of the Provincial People's Procuracy, which will then be proposed by the Chairman of the Provincial People's Council to the President of the Supreme People's Procuracy for dismissal.

1. The Selection Council for Procurators of a Military Zone Procuracy and a Military Region Procuracy consists of the President of the Central Military Procuracy as Chairman, and representatives from the Ministry of National Defense and the Central Executive Committee of the Vietnam Bar Association as members. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).b) Reviewing cases where Prosecutors of the Military Region Office of Public Prosecution and Regional Military Office of Public Prosecution may be relieved of their Prosecutor positions as provided for in Clause 2, Article 27 of this Ordinance upon the proposal of

Article 25.

The list of members of the Selection Council for Procurators of a Military Zone Procuracy and a Military Region Procuracy is decided by the President of the Supreme People's Procuracy upon the proposal of the President of the Central Military Procuracy. 26. Of National Defense and the Ministry of Transport to organize the implementation of this Circular. of Home Affairs, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Central Committee of the Vietnam Fatherland Front, the Central Committee of the Vietnam Bar Association may serve as members. 2. The Selection Council for Procurators of a Military Zone Procuracy and a Military Region Procuracy has the following tasks and powers:

a) To select individuals meeting the criteria to become Procurators of a Military Zone Procuracy and a Military Region Procuracy based on the recommendation of the Inspection Department of the Military Zone Procuracy, which will then be proposed by the President of the Central Military Procuracy to the President of the Supreme People's Procuracy for appointment;

This Ordinance replaces the Ordinance on Prosecutors of the People's Office of Public Prosecution dated May 26, 1993.

b) To review cases where Procurators of a Military Zone Procuracy and a Military Region Procuracy may be relieved of their duties as Procurators as stipulated in Clause 2 of Article 27 of this Ordinance based on the recommendation of the Inspection Department of the Military Zone Procuracy. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Government and the Supreme People's Office of Public Prosecution within the scope of their functions and tasks are responsible for guiding the implementation of this Ordinance./.

b) Review cases where Military Prosecutors at military zone prosecution offices and Military Prosecutors at regional military prosecution offices may be relieved of their Prosecutor positions as stipulated in Clause 2, Article 27 of this Ordinance upon the proposal of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Military Prosecution Office at the Military Prosecution Service of the Military Zone to request the head of the Central Military Prosecution Service to propose to the head of the Supreme People's Prosecution Service to relieve from duty;

c) Review cases where Military Prosecutors at the Military Zone-level Military Prosecution Service and Military Region-level Military Prosecution Service may be dismissed from the position of Military Prosecutor as stipulated in Clause 2, Article 28 of this Ordinance according to the proposal of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Military Prosecution Office at the Military Zone-level Military Prosecution Service to request the head of the Central Military Prosecution Service to propose to the head of the Supreme People's Prosecution Service to dismiss from the position.

Article 26The head of the Supreme People's Prosecution Service shall provide specific guidance on the procedures for selecting, appointing, relieving from duty, and dismissing Military Prosecutors at each level of prosecution.

Article 27.

1. A Military Prosecutor is relieved from the position of Military Prosecutor upon retirement.

2. A Military Prosecutor may be relieved from the position of Military Prosecutor due to health reasons, family circumstances, or other reasons that make it impossible to fulfill assigned tasks.

Article 28.

1. A Military Prosecutor loses the position of Military Prosecutor automatically when convicted by a court judgment with legal effect.

2. Depending on the nature and severity of the violation, a Military Prosecutor may be dismissed from the position of Military Prosecutor if they fall under any of the following circumstances:

a) Violating duties in exercising public prosecution rights and supervising judicial activities;

b) Violating provisions set forth in Article 15 of this Ordinance;

c) Being disciplined with the dismissal of the managerial position currently holding according to the law on cadres and civil servants;

d) Violating moral and ethical standards.

d) Engaging in other acts of violating the law.

Article 29.

1. The Deputy Head of the Supreme People's Prosecution Service and the Head of the Central Military Prosecution Service are appointed, relieved from duty, or dismissed by the State President based on the proposal of the head of the Supreme People's Prosecution Service.

2. The Head of the Provincial People's Prosecution Service is appointed, relieved from duty, or dismissed by the head of the Supreme People's Prosecution Service based on the proposal of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Prosecution Office of the Provincial People's Prosecution Service.

3. The Deputy Head of the Provincial People's Prosecution Service, the Head, and Deputy Head of the County-level People's Prosecution Service are appointed, relieved from duty, or dismissed by the head of the Supreme People's Prosecution Service based on the proposal of the Head of the Provincial People's Prosecution Service.

4. The Deputy Head of the Central Military Prosecution Service, the Head, and Deputy Head of the Military Zone-level Military Prosecution Service, and the Head and Deputy Head of the Military Region-level Military Prosecution Service are appointed, relieved from duty, or dismissed by the head of the Supreme People's Prosecution Service based on the proposal of the Head of the Central Military Prosecution Service.

5. The term of office of the Deputy Head of the Supreme People's Prosecution Service, the Head and Deputy Head of local People's Prosecution Services, and Military Prosecution Services is five years, starting from the date of appointment.

Article 30.

To ensure that People's Prosecution Services at all levels perform their functions and responsibilities, the head of the Supreme People's Prosecution Service decides:

a) Transferring Military Prosecutors from one local People's Prosecution Service to another at the same level; b) Assigning Military Prosecutors from one People's Prosecution Service to temporarily perform tasks at another People's Prosecution Service.

2. To ensure that Military Prosecution Services perform their functions and responsibilities, the Ministry of National Defense decides:

a) Transferring Military Prosecutors from one Military Prosecution Service to another at the same level after reaching agreement with the head of the Supreme People's Prosecution Service; Ministry of Science and Technology b) Assigning Military Prosecutors from one Military Prosecution Service to temporarily perform tasks at another Military Prosecution Service.

REGARDING MILITARY PROSECUTORS

Military Prosecutors have their own salary grade, and are entitled to responsibility allowances and other allowances prescribed by law.

CHAPTER IV.

CHế 2. When performing tasks, Military Prosecutors are exempted from bridge and ferry fees and road tolls as prescribed by law.

Article 31.

1. Military Prosecutors and staff in the prosecution sector are provided with uniforms and insignia; Military Prosecutors are provided with badges and Military Prosecutor identification cards for performing tasks.

The uniform model, distribution system, and usage of uniforms, insignia, badges, and Military Prosecutor identification cards are regulated by the head of the Supreme People's Prosecution Service submitting to

Article 32. the Standing Committee of the National Assembly for approval. This Ordinance replaces the Ordinance on Military Prosecutors of the People's Prosecution Service dated May 26, 1993. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Government and the Supreme People's Prosecution Service within their respective functions and responsibilities are responsible for guiding the implementation of this Ordinance./.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 33. This Ordinance replaces the Ordinance on Prosecutors of People's Public Prosecution Office dated May 26, 1993.

Previous regulations contrary to this Ordinance are abolished.

Article 34. The Government and the Supreme People's Procuracy shall have the responsibility to guide the implementation of this Ordinance within their respective functions and duties./.