Ordinance No. 05/2002/PL-UBTVQH11 on the Organization of Military Procuracy

ORDINANCE

MILITARY PROSECUTOR'S OFFICE

 

WHEREAS, the Constitution of the Socialist Republic of Vietnam in 1992 has been amended and supplemented pursuant to Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly, tenth session;

WHEREAS, the Law on Organization of People's Prosecutor's Office; THIS Ordinance stipulates the organization and operation of the Military Prosecutor's Office,

The Military Prosecutor's Offices belong to the system of People's Prosecutor's Offices established within the Vietnam People's Army to exercise public prosecution rights and supervise judicial activities within the Army.

 

PART I

GENERAL PROVISIONS

Article 1Within their functions, the Military Prosecutor's Office has the mission to contribute to protecting socialist legal systems, protecting the socialist regime and the people's right to mastery; ensuring national defense security, discipline, and combat strength of the Army; protecting state property, collective property, and the lives, health, property, freedom, honor, and dignity of military personnel, civil servants, defense workers, and other citizens; ensuring that all acts infringing upon the interests of the state, collective, lawful rights and interests of military personnel, civil servants, defense workers, and other citizens are dealt with according to the law.

The Military Prosecutor's Office fulfills its functions and tasks through the following works:

Article 2:1. Exercising public prosecution rights and supervising compliance with the law in the investigation of criminal cases by investigative agencies and other agencies entrusted with conducting certain investigative activities for cases under the jurisdiction of Military Courts;

2. Investigating some types of crimes infringing upon judicial activities where the perpetrators are staff members of judicial agencies within the Army;

Exercising public prosecution rights and supervising compliance with the law in the trial of criminal cases by Military Courts;

3. 3. Supervising compliance with the law in the enforcement of court judgments and decisions by Military Courts;

4. Supervising compliance with the law in the temporary detention, temporary imprisonment, management, and education of persons serving prison sentences by judicial agencies within the Army;

The Military Prosecutor's Office is responsible for promptly receiving and resolving complaints and denunciations within its jurisdiction; supervising the handling of complaints and denunciations regarding judicial activities of judicial agencies within the Army according to the provisions of the law.

Article 3.When performing its functions and tasks, the Military Prosecutor's Office has the authority to issue decisions, objections, recommendations, requests, and bears responsibility before the law for these documents.

Article 4In case the aforementioned documents violate the law, depending on the nature and degree of violation, the person issuing the document will be subject to disciplinary action or criminal liability.

The decisions, objections, recommendations, and requests

of the Military Prosecutor's Office must be strictly implemented by armed forces units, agencies, organizations, and individuals related to them according to the provisions of the law. Within its functions and tasks, the Military Prosecutor's Office has the responsibility to coordinate with Military Courts, Investigative Agencies, Defense Inspection Agencies, armed forces units, other state agencies, and organizations to effectively prevent and combat criminal offenses, promptly and strictly handle various types of criminal offenses and violations of law in judicial activities; promote legal education; participate in building laws; train cadres; study crimes and violations of law.

Article 6The Military Prosecutor's Office is responsible for receiving reports and accusations of crimes transferred from agencies, units, organizations, and individuals.

Article 6Commanders at all levels must promptly report criminal acts occurring in their agencies and units to the nearest Military Prosecutor's Office.

Within its functions and tasks, each level of Military Prosecutor's Office is responsible for implementing crime statistics; other judicial agencies of the Army have the responsibility to cooperate with the Military Prosecutor's Office in carrying out this task. The Central Military Prosecutor's Office is led by the Chief Prosecutor. The Chief Prosecutor of a lower-level Military Prosecutor's Office is subject to the leadership of the Chief Prosecutor of a higher-level Military Prosecutor's Office; Military Prosecutor's Offices at all levels are subject to unified leadership by the Chief Prosecutor of the Supreme People's Prosecutor's Office.

A higher-level Military Prosecutor's Office is responsible for inspecting, identifying, and promptly correcting violations of law by a lower-level Military Prosecutor's Office. The Chief Prosecutor of a higher-level Military Prosecutor's Office has the authority to revoke, suspend, or annul decisions

, Clause 1, Clause 2 Article 7a of this Regulation.without basis and contrary to the law made by a lower-level Military Prosecutor's Office.

At the Central Military Prosecutor's Office, Military Regional Prosecutor's Office, and equivalent offices, establish inspection committees to discuss and decide by majority on important issues as prescribed by law.

The Chief Prosecutor of the Central Military Prosecutor's Office is Deputy Chief Prosecutor of the Supreme People's Prosecutor's Office appointed, relieved, or dismissed by the State President upon the proposal of the Chief Prosecutor of the Supreme People's Prosecutor's Office after consultation with the Minister of National Defense. 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).Deputy Chief Prosecutors of the Central Military Prosecutor's Office are appointed, relieved, or dismissed by the Chief Prosecutor of the Supreme People's Prosecutor's Office upon the proposal of the Chief Prosecutor of the Central Military Prosecutor's Office after consultation with the Minister

Article 8of Defense. Prosecutors of the Central Military Prosecutor's Office are Prosecutors of the Supreme People's Prosecutor's Office appointed, relieved, or dismissed by the State President upon the proposal of the Chief Prosecutor of the Supreme People's Prosecutor's Office.

The Chief Prosecutor, Deputy Chief Prosecutor, and Prosecutors of the Military Regional Prosecutor's Office and equivalent offices, the Chief Prosecutor, Deputy Chief Prosecutor, and Prosecutors of the Military District Prosecutor's Office are appointed, relieved, or dismissed by the Chief Prosecutor of the Supreme People's Prosecutor's Office upon the proposal of the Chief Prosecutor of the Central Military Prosecutor's Office. Prosecutors of the Central Military Prosecutor's Office are Prosecutors of the Supreme People's Prosecutor's Office appointed, relieved, or dismissed by the State President upon the proposal of the Chief Prosecutor of the Supreme People's Prosecutor's Office.

Investigators of the Central Military Prosecutor's Office are appointed, relieved, or dismissed by the Chief Prosecutor of the Supreme People's Prosecutor's Office upon the proposal of the Chief Prosecutor of the Central Military Prosecutor's Office.

Deputy Chief Prosecutors assist the Chief Prosecutor in performing

tasks assigned by the Chief Prosecutor. When the Chief Prosecutor is absent, a Deputy Chief Prosecutor designated by the Chief Prosecutor shall act in his place to lead the work of the Military Prosecutor's Office. The Deputy Chief Prosecutor is accountable to the Chief Prosecutor for the tasks assigned.

The Deputy Procurator assists the Procurator in performing tasks according tothe division of work assigned by the Procurator. When the Procurator is absent,one Deputy Procurator designated by the Procurator shall represent the leadershipin the operation of the Military Public Prosecutor's Office. The Deputy Procuratoris responsible to the Procurator for the assigned tasks. state agency,

Military Procuracy inspectors perform tasks assigned by their respectiveProcuracy heads pursuant to the Ordinance on Procuracy Inspectors of People'sProcuracy.

Article 9.Cơ Each military political zone and equivalent entity shall organize a meeting ofmilitary representatives in their units and those stationed in their jurisdictiononce a year for the Military Procuracy at the same level to report on criminalactivities within the Military, the activities of the Military Procuracy, and toanswer questions from the representatives.

The Military Procuracy is responsible for answering questions raised byrepresentatives of the People's Council regarding the activities of the MilitaryProcuracy related to the locality.

Article 10. When discovering decisions, objections, recommendations, requests, and otheractions of Military Procuracy inspectors and investigators without basis orcontrary to law, state agencies, organizations, and people's armed forces have theright to request, recommend, appeal; individuals have the right to recommend,appeal, or report to the head of the Military Procuracy at the same level, thehead of the higher-level Military Procuracy, or competent state agencies.

Agencies or individuals receiving requests, recommendations, appeals, orreports must fulfill their responsibilities to resolve and respond according tothe law.

Strictly prohibited is retaliation against those who appeal or misuse the rightto appeal or report to falsely accuse Military Procuracy inspectors orinvestigators.

Article 11Military Procuracy inspectors and investigators must respect the people and beopen to public supervision.

In performing their duties and powers, Military Procuracy inspectors andinvestigators shall coordinate with relevant state agencies, state investigative agency initiates prosecution or changes the decision onprosecution of criminal cases, prosecutes defendants; the Vietnam Fatherland Front Committee, member organizations of the Front,other social organizations, economic organizations, people's armed forces, andindividuals.

Within the scope of their functions and tasks, agencies, organizations, units,and individuals have the responsibility to create conditions for MilitaryProcuracy inspectors and investigators to perform their duties.

Strictly prohibited are any actions that obstruct Military Procuracy inspectorsand investigators from performing their duties.

 

Chapter II

TASKS TO IMPLEMENT THE FUNCTIONS OF THE MILITARY PROCURACIES

Section 1. EXERCISE OF PUBLIC PROSECUTION AND SUPERVISION OVER CRIMINAL INVESTIGATIONS

Article 12The Military Procuracy exercises public prosecution and supervises compliancewith the law in criminal investigations conducted by investigative agencies andother agencies tasked with conducting certain investigative activities within themilitary to ensure:

1. All criminal acts are promptly prosecuted, investigated, and punished,without allowing crimes and criminals to escape, and without wrongfullyaccusing innocent persons;

2. No person is prosecuted, arrested, detained, imprisoned, or deprived ofcitizens' rights, life, health, property, freedom, dignity, and reputation in aviolation of the law;

3. Investigations must be objective, comprehensive, complete, accurate, andlawful; violations of the law during the investigation must be discovered,corrected, and dealt with strictly and promptly;

4. Criminal liability pursuit against suspects must be based on evidence andconducted in accordance with the law.

Article 13When exercising public prosecution during the investigation phase, theMilitary Procuracy has the following tasks and powers:

1. Initiate criminal cases and indict suspects; request investigative agencies toinitiate or change the decision to initiate criminal cases and indict suspects; state investigative agency;

2. Propose investigative requirements and request investigative agencies toconduct investigations; directly conduct certain investigative activities asprovided by law;

3. Request the head of the investigative agency to replace investigators asprovided by law; if the investigator's actions indicate criminal behavior,initiate criminal proceedings;.

4. Decide on the application, modification, or revocation of arrest, detention,imprisonment measures, and other preventive measures; approve or not approveinvestigative agency decisions as provided by law;

5. Revoke unlawful decisions made by investigative agencies; 3.Present the viewpoint of the Military Public Prosecutor's Office on the handlingof cases at the cassation or revision trial sessions.

6. Decide on indictment of suspects; decide to terminate or temporarilyterminate investigations; terminate or temporarily terminate cases.

Article 14.When performing investigative supervision work, the Military Procuracy has the following tasks and powers:

1. Supervise the initiation of cases and supervise investigative activities andcase file preparation by investigative agencies;

2. Supervise compliance with the law by litigation participants;

3. Resolve disputes over investigative jurisdiction as provided by law;

4. Request investigative agencies to correct violations of the law duringinvestigations; request the head of the investigative agency to deal withinvestigators who violate the law during investigations strictly;

5. Recommend that relevant agencies, units, and organizations apply measures toprevent crime and violations of the law.

Article 15.

1. The head, deputy head, and inspectors of the Military Procuracy muststrictly comply with the law and bear responsibility for their actions anddecisions regarding prosecution, arrest, detention, indictment, and otherdecisions as provided by law.

2. Investigative agencies, people's armed forces units, organizations, andindividuals involved have the responsibility to strictly implement the decisionsand requests of the Military Procuracy as provided by law.

Section 2.

EXERCISE OF PUBLIC PROSECUTION AND SUPERVISION OVER CRIMINAL TRIALSBriefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):… During the trial phase of criminal cases,

Article 16the Military Procuracy is responsible for exercising public prosecution toensure proper indictment, punishment, and adherence to the law, preventingcrimes and criminals from escaping; supervise the trials of criminal cases bymilitary courts to ensure lawful, strict, and timely trials. When exercising public prosecution during the trial phase of criminal cases, theMilitary Procuracy has the following tasks and powers:

Article 171. Read the indictment and decisions of the Military Procuracy related to caseresolution at the court session;

2. Conduct the prosecution argument against the defendant at the firstinstance trial, express opinions on case resolution at the appellate trial; debatewith defense counsel and other litigation participants at the first instance andappellate trials;

3. Express the Military Procuracy's opinion on case resolution at the cassationand retrial sessions.

3.Receive and handle complaints and reports regarding temporary detention,imprisonment, management, and education of persons serving custodial sentences;

Article 18When performing the task of supervising criminal trial activities, the MilitaryProcuracy has the following duties and powers:

1.Supervise compliance with the law in the trial activities of the Military Court;

2. Supervise compliance with the law by litigation participants;

3.Supervise judgments and decisions of the Military Court as prescribed by law;

4.Request the same-level and lower-level Military Courts to transfer files ofcriminal cases for review and decide on lodging appeals.

Article 19.When exercising prosecution rights and supervising criminal trials, theMilitary Procuracy has the right to appeal judgments and decisions of theMilitary Court according to the appellate, supervisory, and retrial proceduresas prescribed by law; propose to the same-level and lower-level MilitaryCourts to remedy violations of the law in the trial process; propose torelevant agencies, units, and organizations to apply preventive measuresagainst crimes and law violations; if there are signs of crime, initiatecriminal proceedings. SUPERVISING THE ENFORCEMENT OF JUDGMENTS

Section 3. The Military Procuracy supervises the compliance with the law of theMilitary Court, Enforcement Agency, Enforcement Officer, relevantagencies, units, organizations, and individuals in enforcing judgmentsand decisions that have taken legal effect and those that are enforcedimmediately as prescribed by law to ensure that such judgments anddecisions are enforced in accordance with the law, fully, and promptly.

Article 20When performing the task of supervising the enforcement of judgments, theMilitary Procuracy has the following duties and powers:

Article 211.Request the Military Court, Enforcement Agency at the same level andlower levels, Enforcement Officers, relevant agencies, units,organizations, and individuals involved in the enforcement ofjudgments:

a)Issue enforcement decisions in accordance with the provisions of thelaw; b)Self-inspect the enforcement of judgments and decisions that have takeneffect and those that are enforced immediately as prescribed by law andreport the results of the inspection to the Military Procuracy;

c)Enforce judgments and decisions that have taken effect and those that areenforced immediately as prescribed by law;

d)Provide files, documents, and evidence related to the enforcement ofjudgments.

2.Directly supervise compliance with the law in the enforcement ofjudgments by the same-level and lower-level Enforcement Agencies,Enforcement Officers, relevant agencies, units, organizations, andindividuals, and the handling of appeals, complaints, and denunciationsregarding the enforcement of judgments.

3.Participate in reviewing the reduction of sentence execution periods andremoving criminal records.

4.Promote the exemption from executing sentences according to theprovisions of the law. 5.Appeal to the Military Court, Enforcement Agency at the same level andlower levels, Enforcement Officers, responsible agencies, units,organizations regarding the enforcement of judgments; request thetermination of enforcement, amendment, or revocation of decisionsviolating the law in the enforcement of judgments; stop illegal acts in theenforcement of judgments; if there are signs of crime, initiate criminalproceedings.

The Military Court, Enforcement Agency, Enforcement Officer, relevantagencies, units, organizations, and individuals involved in the enforcementof judgments shall fulfill the requirements stipulated in Clause 1 of Article 21of this Ordinance within thirty days from the date of receipt of the request.

For appeals stipulated in Clause 5 of Article 21 of this Ordinance, the MilitaryCourt, Enforcement Agency, Enforcement Officer, relevant agencies, units,organizations, and individuals shall respond within fifteen days from thedate of receipt of the appeal.

SUPERVISION OF TEMPORARY DETENTION, TEMPORARY IMPRISONMENT,MANAGEMENT AND EDUCATION OF PRISONERS The Military Procuracy supervises compliance with the law in temporarydetention, temporary imprisonment, management, and education ofprisoners carried out by judicial agencies in the military to ensure:

Article 22. 1.Temporary detention, temporary imprisonment, management, and educationof prisoners in accordance with the provisions of the law; 2.Strict implementation of temporary detention, temporary imprisonment,management, and education of prisoners;

3.Respect for the lives, property, honor, dignity, and other rights of personsunder temporary detention, temporary imprisonment, and prisoners thatare not deprived by law. When performing the task of supervising temporary detention, temporaryimprisonment, management, and education of prisoners carried out byjudicial agencies in the military, the Military Procuracy has the followingduties and powers:

Section 4. 1.Regularly and irregularly directly supervise at temporary detention facilities,pre-trial detention centers, and prisons;

2.Check files and documents of same-level and lower-level agenciesresponsible for temporary detention, temporary imprisonment, management,and education of prisoners; meet and interview persons under temporarydetention, temporary imprisonment, and prisoners about their detentionand custody;

Article 233.Receive and handle complaints and denunciations about temporarydetention, temporary imprisonment, management, and education ofprisoners;

4.Request same-level and lower-level agencies managing temporarydetention, temporary imprisonment, management, and education ofprisoners to inspect these places and report the results to the MilitaryProcuracy;

5.Request same-level, lower-level agencies, and responsible individuals toreport the status of temporary detention, temporary imprisonment,management, and education of prisoners; respond to decisions, measures,or actions violating the law in temporary detention, temporaryimprisonment, management, and education of prisoners;

6.Appeal to same-level and lower-level agencies requesting the terminationof enforcement, amendment, or revocation of decisions violating the lawin temporary detention, temporary imprisonment, management, andeducation of prisoners, stop illegal acts, and request the handling of lawviolators.

"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."During the supervision of temporary detention, temporary imprisonment,management, and education of prisoners carried out by judicial agencies inthe military, the Military Procuracy has the responsibility:

1.To promptly detect and handle wrongful cases in temporary detention,temporary imprisonment, management, and education of prisoners; decideto release persons under temporary detention, temporary imprisonment,or prisoners who are being executed without basis and contrary to thelaw;

2.Initiate criminal proceedings or request the Investigation Agency toinitiate criminal proceedings when discovering signs of crime in temporarydetention, temporary imprisonment, management, and education ofprisoners.

4.Require agencies at the same level and subordinate levels managing places oftemporary detention, imprisonment, management, and education of persons servingcustodial sentences to inspect those places and report the results to theMilitary Public Prosecutor's Office;

5.Require agencies at the same level, subordinate levels, and responsibleindividuals to report the situation of temporary detention, imprisonment,management, and education of persons serving custodial sentences; respond todecisions, measures, or actions that violate the law in the process of temporarydetention, imprisonment, management, and education of persons serving custodialsentences; 6.Protest to agencies at the same level and subordinate levels requesting thecessation of execution, amendment, or revocation of decisions that violate thelaw in the process of temporary detention, imprisonment, management, andeducation of persons serving custodial sentences, terminate actions that violatethe law, and request the handling of law violators.

During the supervision of temporary detention, imprisonment, management, andeducation of persons serving custodial sentences carried out by judicial agencieswithin the military, the Military Public Prosecutor's Office has the responsibilityto:

1.Discover and promptly address wrongful cases of temporary detention,imprisonment, management, and education of persons serving custodial sentences;decide to immediately release persons temporarily detained or imprisoned, orpersons serving custodial sentences without legal basis and contrary to the law;

Article 25. 2.When discovering signs of crime in the process of temporary detention,imprisonment, management, and education of persons serving custodial sentences,initiate prosecution or require the Investigative Agency to initiate prosecutionfor criminal offenses.

yban Prosecution.

1.The Military Public Prosecutor's Office region consists of working units andsupport staff managed by the Procurator and Deputy Procurators.

Article 26.Cơ Authorities, units, and individuals responsible for temporary detention, pre-trial detention, management, and education of persons serving custodial sentences must transfer complaints and accusations from such persons to the Military Procuracy within twenty-four hours of receipt.

As for the requirements stipulated in Clause 4 and Clause 5 of Article 24 of this Ordinance, authorities, units, and individuals responsible must respond within thirty days from the date of receiving the request.

Regarding the decision prescribed in Clause 1 of Article 25 of this Ordinance, authorities, units, or individuals responsible must immediately comply with it; if they disagree with the decision, they still have to comply but have the right to appeal to the superior Military Procuracy. Within ten days from the date of receiving the appeal, the head of the superior Military Procuracy must resolve the matter.

With respect to the protest prescribed in Clause 6 of Article 24 of this Ordinance, relevant authorities and units responsible must respond within fifteen days from the date of receiving the protest; if they disagree with the protest, they have the right to appeal to the superior Military Procuracy; the superior Military Procuracy must resolve the matter within fifteen days from the date of receiving the appeal. The decision of the superior Military Procuracy must be complied with.

Chapter III

ORGANIZATION OF THE MILITARY PROCURACIES

Article 27The Military Procuracies include the Central Military Procuracy, the Military Procuracies of Military Regions and equivalent entities, and the Military Procuracies of regions.

Based on the tasks and organization of the Military in each period, the head of the Supreme People's Procuracy shall unify with the Ministry Ministry of Science and Technologyof National Defense and submit 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).to the Standing Committee of the National Assembly for a decision on the establishment and dissolution of Military Procuracies of Military Regions and equivalent entities, and Military Procuracies of regions.

Article 28.

1. The Central Military Procuracy belongs to the structure of the Supreme People's Procuracy, performing the functions of the Supreme People's Procuracy in the Military.

2. The organizational structure of the Central Military Procuracy includes the Supervisory Board, departments, and the Office. 3. The Central Military Procuracy consists of the head, deputy heads, prosecutors, and investigators.

The Supervisory Board of the Central Military Procuracy includes:

Article 29.

1.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).a) The head;

b) Deputy heads;

c) A number of Central Military Procuracy prosecutors appointed by the head of the Supreme People's Procuracy upon the recommendation of the head of the Central Military Procuracy.

The Supervisory Board of the Central Military Procuracy convenes chaired by the head to discuss and decide on the following important matters:

2.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).a) Directions, tasks, and work plans of the Military Procuracy;

b) Reports of the head of the Central Military Procuracy to the head of the Supreme People's Procuracy and the Ministry

of National Defense on the work of the Military Procuracy; Minister c) Recommendations of the Central Military Procuracy on combating crime in the Military sent to the Ministry

of National Defense; Ministry of Science and Technologyd) Important criminal cases;

e) Other important issues requested by at least one-third of the total members

of the Supervisory Board. Decisions of

the Supervisory Board must be approved by more than half of the members voting in favor; in case of a tie vote, the side with the opinion of the head prevails. If the head disagrees with the majority opinion 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).of the Supervisory Board, the majority decision is implemented, but the head has the right to report to the head 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).Based on laws, decisions, and directives of the head of the Supreme People's Procuracy regarding supervisory work and orders of the Minister

Article 30.of National Defense concerning military tasks, the head of the Central Military Procuracy has the following duties and powers: 1. Leading the implementation of supervisory tasks and plans, and building the Military Procuracy in all aspects; deciding on matters related to supervisory work not within the jurisdiction of

the Supervisory Board; bearing responsibility and reporting on supervisory work in the Military to the head 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).2. Directing, guiding, and inspecting the activities of Military Procuracies at various levels; organizing the implementation of training and capacity building for Military Procuracy staff;

organizing the statistics of crimes in the Military;

3.Organizations 4. Performing other tasks as prescribed by law.

1. The

Article 31.

organizational structure of the Military Procuracies of Military Regions and equivalent entities includes the Supervisory Board, departments, and support machinery. 2. The Military Procuracies of Military Regions and equivalent entities consist of the head, deputy heads, and prosecutors. 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 Supervisory Board of the Military Procuracies of Military Regions and equivalent entities includes:

c) A number of Military Region and equivalent entity prosecutors appointed by the head of the Central Military Procuracy upon the recommendation of the head of the Military Region and equivalent entity Military Procuracy.

Article 32.

1.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 Supervisory Board of the Military Procuracies of Military Regions and equivalent entities convenes chaired by the head to discuss and decide on the following important matters:

b) Deputy heads;

c) A number of Central Military Procuracy prosecutors appointed by the head of the Supreme People's Procuracy upon the recommendation of the head of the Central Military Procuracy.

a) Implementation of directions, tasks, and work plans by the head of the Central Military Procuracy;

2.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) Summary reports of work submitted to the Central Military Procuracy;

c) Important criminal cases;

d) Other important issues specified by the head of the Supreme People's Procuracy and the head of the Central Military Procuracy.

The Supervisory Board must be approved by more than half of the members

of the Supervisory Board voting in favor; in case of a tie vote, the side with the opinion of the head prevails. If the head disagrees with the majority opinion

the Supervisory Board must be approved by more than half of the members voting in favor; in case of a tie vote, the side with the opinion of the head prevails. If the head disagrees with the majority opinion 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).of the Supervisory Board, the majority decision is implemented, but the head has the right to report to the head of the Central Military 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 head of the Military Procuracies of Military Regions and equivalent entities decides on matters not within the jurisdiction of the Supervisory Board. 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 Military Procuracy of regions includes working units and support machinery under the responsibility of the head, deputy heads.

2. The Military Procuracy of regions consists of the head, deputy heads, and prosecutors. 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 Military Public Prosecutor's Office region includes the Procurator, DeputyProcurators, and Prosecutors.

Article 33.

The identification card and preferential treatment system for Prosecutors of theMilitary Public Prosecutor's Office and Investigators of the Central MilitaryPublic Prosecutor's Office when performing their duties are regulated by theStanding Committee of the National Assembly.

1.The operating budget of the Military Public Prosecutor's Offices is prepared bythe Ministry of National Defense in coordination with the Supreme People'sProsecutor's Office and proposed to the Government for submission to theNational Assembly for approval.

Article 34The organizational structure of the Central Military Procuracy shall be prescribed by the Chief Procurator of the Supreme People's Procuracy after consultation with the Minister of National Defense and submission to the Standing Committee of the National Assembly for approval. The organizational structure of the Military Procuracy of the Military Region and equivalent units, and that of the Military Procuracy of the region shall be prescribed by the Chief Procurator of the Supreme People's Procuracy based on the proposal of the Chief Procurator of the Central Military Procuracy after consultation with the Ministry of National Defense.

PROSECUTORS AND INVESTIGATORSMinistry of Science and Technology 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

Chapter IV

2. Investigators of the Central Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of criminal investigation in the military forces.

Article 35.

Active military officers who meet the criteria stipulated in the Ordinance on Prosecutors of the People's Procuracy may be appointed as prosecutors of the Military Procuracy; those who meet the criteria stipulated in the Ordinance on Criminal Investigation Organization may be appointed as investigators of the Central Military Procuracy. Specific criteria, procedures for selection, appointment, removal, and dismissal of prosecutors of the Military Procuracy shall be governed by the Ordinance on Prosecutors of the People's Procuracy.

Specific criteria, procedures for appointment, removal, and dismissal of investigators of the Central Military Procuracy shall be governed by the Ordinance on Criminal Investigation Organization.

Article 36.The term of office of prosecutors of the Military Procuracy and investigators of the Central Military Procuracy is five years. 1. When performing tasks assigned by the Chief Procurator, prosecutors of the Military Procuracy must comply with the law and be directly supervised by the Chief Procurator of their respective Military Procuracy, and uniformly led by the Chief Procurator of the Supreme People's Procuracy.

The duties and powers of prosecutors of the Military Procuracy are defined by law.

2. When performing tasks assigned by the head of the investigative agency, investigators of the Central Military Procuracy must comply with the law and be directly supervised by the head of the investigative agency, and uniformly led by the Chief Procurator of the Supreme People's Procuracy. The duties and powers of investigators of the Central Military Procuracy are defined by law.

Article 37.The Chief Procurator, Deputy Chief Procurator, prosecutors of the Military Procuracy, and investigators of the Central Military Procuracy must bear responsibility under the law for the performance of their duties and powers; if they commit acts violating the law, they will be subject to disciplinary action or criminal liability according to the provisions of the law.

Article 38.

2. In the course of performing their duties and powers, if the Chief Procurator, Deputy Chief Procurator, prosecutors of the Military Procuracy, and investigators of the Central Military Procuracy cause damage, the Military Procuracy where these individuals work must bear the responsibility for compensation, and the person causing the damage must bear the responsibility for restitution to the Military Procuracy according to the provisions of the law.

GUARANTEES FOR THE ACTIVITIES OF THE MILITARY PROCURACY

The staffing and number of prosecutors and investigators of the Military Procuracy shall be decided by the Standing Committee of the National Assembly based on the proposal of the Chief Procurator of the Supreme People's Procuracy after consultation with the Ministry of National Defense. Military personnel, civil servants, and defense workers working at the Military Procuracy enjoy rights and obligations under the military system; they are entitled to allowances for the prosecution sector.

Identity cards and preferential treatment for prosecutors of the Military Procuracy and investigators of the Central Military Procuracy when performing their duties shall be regulated by the Standing Committee of the National Assembly.

Article 39.

1.1. Operating funds for the Military Procuracy shall be prepared by the Ministry of National Defense in coordination with the Supreme People's Procuracy and proposed to the Government for submission to the National Assembly for decision.

2. Management, allocation, and utilization of operating funds for the Military Procuracy shall be carried out in accordance with the state budget law.

Chapter V

3. The State prioritizes investment in the development of information technology and other means to ensure that the Military Procuracy can effectively fulfill its functions and responsibilities.

Article 40This Ordinance takes effect from November 15, 2002. This Ordinance replaces the Ordinance on the Organization of the Military Procuracy dated April 26, 1993. Prosecutors of the Central Military Prosecutor's Office are Prosecutors of the Supreme People's Prosecutor's Office appointed, relieved, or dismissed by the State President upon the proposal of the Chief Prosecutor of the Supreme People's Prosecutor's Office.

Article 41Previous regulations contrary to this Ordinance are hereby abolished. The Government and the Supreme People's Procuracy within the scope of their functions and responsibilities have the duty to guide the implementation of this Ordinance./.

2.Management, allocation, and utilization of the operating budget of theMilitary Public Prosecutor's Offices are implemented in accordance with lawsregulating the state budget. 3.The State prioritizes investment in developing information technology and othermeans to ensure that the Military Public Prosecutor's Offices effectively performtheir functions and responsibilities.

Article 42.

.This Ordinance takes effect from November 15, 2002. ThisOrdinance replaces the Ordinance on the Organization of the Military PublicProsecutor's Office dated April 26, 1993.

Previous regulations inconsistent with this Ordinance are abolished.

TheGovernment, the Supreme People's Prosecutor's Office within their respectivefunctions and responsibilities have the duty to guide the implementation of thisOrdinance./.

 

Chapter VI

IMPLEMENTING PROVISIONS

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:This Ordinance shall take effect from November 15, 2002.

This Ordinance replaces the Procuracy Organization Ordinance dated April 26, 1993. All previous provisions contrary to this Ordinance are hereby abolished.

The Government and the Supreme People's Procuracy within their respective functions and duties shall be responsible for guiding the implementation of this Ordinance./.

Article 44. Chínhphủ, Viện Kiểm sát nhân dân tối cao trong phạm vi chức năng, nhiệm vụ của mình có trách nhiệm hướng dẫnthi hành Pháp lệnh này./.