Decree No. 12/L-CTN Proclaims the Ordinance on the Organization of Military Procuracy

ORDER

Decree of the President of the State No. 12-L/CTN dated April 26, 1993 promulgating the Ordinance on the Organization of Military Procuracy

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PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 103 and Article 106 of the Constitution of the Socialist Republic of Vietnam 1992;
Pursuant to Article 78 of the Law on the Organization of the National Assembly,

NOW PROMULGATE:

The Ordinance on the Organization of Military Procuracy has been adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam (Session IX) on April 19, 1993.

ORDINANCE

ORGANIZATION OF MILITARY PROCURACY

Pursuant to Article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;
BASED ON THE LAW ON THE ORGANIZATION OF THE PEOPLE'S PROSECUTOR’S OFFICE;
Based on the tasks and organization of the People's Army of Vietnam;
This Ordinance stipulates the organization and operation of military procuracies.

PART I

GENERAL PROVISIONS

Article 1

Military procuracies belong to the system of people's procuracies, organized within the army, supervising compliance with the law by agencies, units, organizations of the army, active-duty military personnel, defense workers, reservists during concentrated training or combat readiness checks, self-defense militia units attached for combat with the army, and other persons called up for military service, as well as other agencies, organizations, and individuals related thereto; exercising public prosecution rights according to the law, ensuring that laws are strictly and uniformly enforced.

In cases of necessity, the Procurator General of the Supreme People's Procuracy may assign military procuracies to supervise compliance with the law by citizens and shall be responsible for his decision.

Article 2

Within their functions, military procuracies have the duty to contribute to protecting socialist legality; safeguarding the socialist regime and the people's right to mastery; safeguarding national defense security, military discipline, and state property; protecting the lives, health, property, freedom, honor, and dignity of military personnel, defense workers, and other citizens; ensuring that all acts infringing upon the interests of the state, collective, combat effectiveness of the army, and legitimate rights and interests of military personnel, defense workers, and other citizens are dealt with according to the law.

Article 3

Military procuracies perform their supervisory functions over compliance with the law and exercise public prosecution rights through the following activities:

1- Supervising compliance with the law regarding normative legal documents issued in the army; supervising compliance with the law by agencies, units, and organizations in the army; every military personnel, defense worker, and other citizen related to actions violating the law and harming the interests of the army; supervising compliance with the law in disciplinary detention of military personnel;

2- Supervising compliance with the law in investigation by investigative agencies and other agencies assigned to conduct certain investigative activities for criminal cases within the jurisdiction of military courts;

3- Supervising compliance with the law in the trial of criminal cases by military courts;

4- Supervising compliance with the law in the enforcement of judgments and decisions that have become legally binding by military courts;

5- Supervising compliance with the law in detention and rehabilitation in the army;

6- Investigating crimes in cases prescribed by criminal procedure law.

Article 4

When performing their functions and duties, military procuracies have the right to issue decisions, objections, proposals, and requests and bear legal responsibility for those documents.

In cases where 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.

Decisions, objections, proposals, and requests of military procuracies must be strictly implemented by agencies, units, and organizations of the army, relevant agencies, organizations, and individuals according to the provisions of the law.

Article 5

Within their functions and duties, military procuracies have the responsibility to coordinate with commanders and agencies such as military courts, Investigation and Defense Inspection, political and military agencies, local people's procuracies, social organizations, and military personnel groups in legal education and propaganda; preventing and combating crime and law violations; participating in building laws; training and developing cadres; statistics and research on crimes and law violations.

Article 6

Units stationed in a locality are subject to supervision of compliance with the law by the military procuracy at that locality, except for units having their own military procuracies.

Commanders at all levels must promptly report crimes and law violations occurring in their units to the Procurator of the Central Military Procuracy at the same level; in necessary cases, promptly report to the Procurator of the nearest Central Military Procuracy, while also reporting to the Procurator of the Central Military Procuracy at their own level.

, Clause 1, Clause 2 Article 7a of this Regulation.

The Central Military Procuracy is led by its Procurator. The Procurator of a lower-level Central Military Procuracy is under the leadership of the Procurator of a higher-level Central Military Procuracy; Central Military Procuracies at all levels are under the unified leadership of the Procurator General of the Supreme People's Procuracy.

At the Central Military Procuracy, Military Procuracies of Military Regions, Services, Corps, General Departments, and equivalent levels establish a Supervisory Committee to discuss and decide by majority on important issues as prescribed by this Ordinance.

Article 8

The Procurator of the Central Military Procuracy is the Deputy Procurator General of the Supreme People's Procuracy appointed, relieved, or dismissed by the President of the State upon the proposal of the Procurator General of the Supreme People's Procuracy, after consultation with the Minister of National Defense.

Deputy Procurators of the Central Military Procuracy are appointed, relieved, or dismissed by the Procurator General of the Supreme People's Procuracy upon the proposal of the Procurator of the Central Military Procuracy.

Prosecutors of the Central Military Procuracy are Prosecutors of the Supreme People's Procuracy appointed, relieved, or dismissed by the President of the State upon the proposal of the Procurator General of the Supreme People's Procuracy.

The President, Vice Presidents, and Prosecutors of the Military Procuracy of the Military Region and equivalent levels, provinces, and regions shall be appointed, relieved, or dismissed by the President of the Supreme People's Procuracy upon the proposal of the President of the Central Military Procuracy.

The Heads, Deputy Heads, and Investigators of the Military Procuracy at all levels shall be appointed, relieved, or dismissed by the President of the Central Military Procuracy.

The Vice President assists the President in performing tasks according to the assignment of the President. When the President is absent, a Vice President designated by the President shall lead the work of the Military Procuracy.

Prosecutors perform tasks assigned by their own President in accordance with the Ordinance on Prosecutors of the People's Procuracy.

Article 9

Political organs of the Military Region and equivalent levels, and political organs of the Provincial Military Command shall regularly organize meetings of military representatives within their units and those stationed in their areas to hear reports from the Military Procuracy at the same level on the implementation of laws in the military, activities of the Military Procuracy, and to answer questions raised by the representatives.

The Military Procuracy has the responsibility to respond to inquiries from members of the People's Council regarding the activities of the Military Procuracy related to the locality.

Chapter II

ACTIVITIES OF THE MILITARY PROCURACIES

Section 1: SUPERVISION OF COMPLIANCE WITH LAWS BY MILITARY ORGANIZATIONS, UNITS, AND ORGANIZATIONS; MILITARY PERSONNEL, DEFENSE WORKERS, AND OTHER CITIZENS INVOLVED

Article 10

Within its scope of responsibility, the Military Procuracy supervises compliance with laws concerning regulations issued within the military; monitors the enforcement of laws when violations are discovered, to ensure:

1- Regulations issued within the military are consistent with the Constitution, Laws, Resolutions of the National Assembly; Ordinances, Resolutions of the Standing Committee of the National Assembly; Decrees, Decisions of the President; Resolutions, Decrees of the Government; Decisions, Directives of the Prime Minister;

2- The enforcement of laws by military organizations, units, and other organizations within the military; military personnel, defense workers; organizations and citizens involved is strict and uniform;

3- Military disciplinary detention penalties must be based on sufficient evidence and comply with the law.

Article 11

When carrying out supervision of compliance with laws by organizations, units, and individuals as stipulated in Article 10 of this Ordinance, the Military Procuracy shall have the following tasks and powers:

1- Request military organizations, units, and organizations at the same level and subordinate levels; grassroots units under higher-level units located in the locality:

a) To notify the Military Procuracy about acts of law violation in their organization, unit, and results of handling;

b) To provide necessary legal regulations and documents for determining law violations;

c) To inspect acts of law violation in subordinate organizations, units, and organizations and report the results to the Military Procuracy;

d) To explain issues related to law violations.

2- Request the Defense Inspectorate at the same level to inspect acts of law violation and report the results to the Military Procuracy.

3- Request military personnel, defense workers, employees of organizations, units, and other citizens involved to answer and provide documents about acts of law violation related to them.

4- Directly supervise compliance with laws at organizations, units, and organizations when violations are found or when the requests of the Military Procuracy as specified in Clauses 1 and 2 of this Article are not implemented, or have been implemented but do not meet requirements.

Organizations, units, and individuals involved have the responsibility to implement the requests specified in Clauses 1, 2, and 3 of this Article within thirty days from the date of receipt of the request.

Article 12

1- When concluding that there is a violation of the law, the Military Procuracy protests to military organizations, units, and organizations at the same level and subordinate levels, grassroots units under higher-level units located in the locality to stop acts of law violation; requests suspension of execution, amendment, or abolition of legal regulations; elimination of causes leading to law violations; requests disciplinary action, administrative punishment against violators. If there are signs of criminal offenses, the Military Procuracy initiates criminal proceedings.

2- Relevant organizations, units, and organizations have the responsibility to reply to the protest of the Military Procuracy as specified in Clause 1 of this Article within fifteen days from the date of receipt of the protest. In cases where a higher-level organization, unit, or organization receives a protest from the Military Procuracy regarding its subordinate, the deadline for replying is thirty days from the date of receipt of the protest. If a relevant organization, unit, or organization does not agree with the content of the protest, it must propose the direct superior Military Procuracy to review. The direct superior Military Procuracy must review and reply within thirty days from the date of receipt of the proposal.

3- When supervising compliance with laws, the Military Procuracy recommends relevant organizations, units, and organizations to apply preventive measures against law violations.

Section 2: PROSECUTION SUPERVISION OF INVESTIGATION

Article 13

The Military Procuracy supervises compliance with the law in the investigation activities of investigative agencies and other agencies assigned to conduct certain investigative activities within the military, exercises public prosecution powers to ensure:

1- Every criminal act must be investigated and dealt with promptly without allowing criminals to escape punishment, nor wrongfully convicting innocent persons;

2- No person shall be arrested, detained, imprisoned, have their civil rights restricted, or suffer unlawful infringement on their life, health, property, freedom, dignity, and personal integrity;

3- Investigations must be objective, comprehensive, complete, accurate, and in accordance with the law; violations of the law during the investigation process must be discovered, corrected, and dealt with strictly and promptly;

4- Pursuit of criminal responsibility for suspects must be based on evidence and in accordance with the law.

Article 14

When performing supervision of investigations, the Military Procuracy has the following tasks and powers:

1- Supervise the initiation of cases and supervise the investigative activities of investigative agencies;

2- Resolve disputes over investigative jurisdiction;

3- Approve or not approve decisions of investigative agencies as prescribed by law; decide on the application, modification, or revocation of preventive measures; revoke decisions of investigative agencies that violate the law;

4- Require investigative agencies to correct violations of the law in their investigative activities; require the head of the investigative agency to discipline, handle strictly, or initiate criminal proceedings against investigators who violate the law while conducting investigations; if the actions of the investigator indicate criminal offenses, initiate criminal proceedings;

5- Decide to prosecute suspects, decide to terminate or temporarily suspend investigations;

6- Recommend that relevant agencies, units, and organizations apply preventive measures against crime.

Article 15

Investigative agencies are responsible for implementing the requirements and decisions of the Military Procuracy as prescribed by criminal procedure law.

Section 3: PROSECUTION SUPERVISION OF TRIAL

Article 16

The Military Procuracy supervises compliance with the law in the trial activities of Military Courts, exercises public prosecution powers to ensure trials are conducted in accordance with the law, strictly, and promptly.

Article 17

When performing supervision of criminal trials, the Military Procuracy has the following tasks and powers:

1- Exercise public prosecution before the Military Court at the same level;

2- Request the Military Court at the same level and subordinate levels to transfer case files of necessary criminal cases for prosecution supervision of trials;

3- File appeals according to the appellate, supervisory, and retrial procedures for judgments and decisions of Military Courts as prescribed by criminal procedure law.

Article 18

When performing supervision of trials, the Military Procuracy recommends that the Military Court at the same level and subordinate levels to correct violations of the law in the trial process, and recommend that relevant agencies, units, and organizations apply preventive measures against crime and law violations.

Section 4: PROSECUTION SUPERVISION OF ENFORCEMENT OF JUDGMENTS

Article 19

The Military Procuracy supervises compliance with the law by Military Courts, enforcement agencies, enforcement officers, agencies, units, organizations, and individuals related to the enforcement of judgments and decisions that have taken legal effect from Military Courts to ensure that such judgments and decisions are enforced in accordance with the law, fully, and promptly.

Article 20

When performing supervision of enforcement of judgments, the Military Procuracy has the following tasks and powers:

1- Require Military Courts, enforcement agencies at the same level and subordinate levels, enforcement officers, agencies, units, organizations, and individuals related to enforcement of judgments:

a) Conduct self-inspection of the enforcement of judgments and decisions that have taken legal effect from Military Courts and report the results of the inspection to the Military Procuracy;

b) Provide materials and evidence related to the enforcement of judgments;

c) Enforce judgments and decisions that have taken legal effect from Military Courts.

2- Directly supervise compliance with the law at enforcement agencies at the same level and subordinate levels, and enforcement officers in the enforcement of judgments and decisions that have taken legal effect from Military Courts and the handling of appeals and complaints regarding enforcement of judgments.

3- File objections with Military Courts, enforcement agencies at the same level and subordinate levels, enforcement officers, agencies, units, organizations responsible for enforcement of judgments, request suspension of enforcement, amendment, or revocation of documents, cessation of illegal acts in enforcement of judgments; request disciplinary action or administrative penalties for law violators. If there are signs of criminal offenses, initiate criminal proceedings.

Article 21

Military Courts, enforcement agencies, enforcement officers, agencies, units, organizations, and individuals related to enforcement of judgments are responsible for implementing the requirements stipulated in Clause 1 of Article 20 of this Ordinance within thirty days from the date of receipt of the requirements.

For objections provided for in Clause 3 of Article 20 of this Ordinance, Military Courts, enforcement agencies, enforcement officers, agencies, units, organizations, and individuals related to enforcement of judgments are responsible for responding within fifteen days from the date of receipt of the objection.

Section 5: SUPERVISION OF DETENTION, CONFINEMENT, AND REHABILITATION WORK

Article 22

The Military Procuracy supervises compliance with laws by agencies, units, and responsible individuals regarding detention, confinement, and rehabilitation within the military to ensure:

1- Detention, confinement, and rehabilitation in accordance with legal provisions;

2- Strict adherence to detention, confinement, and rehabilitation regimes;

3- Respect for the lives, property, honor, and dignity of those detained, confined, or rehabilitated, and other rights that cannot be deprived by law.

Article 23

When performing supervision work on detention, confinement, and rehabilitation, the Military Procuracy has the following tasks and powers:

1- Regularly and irregularly directly supervise at temporary holding houses, detention centers, and rehabilitation camps;

2- Review files and documents of agencies, units at the same level and subordinate levels responsible for detention, confinement, and rehabilitation; meet and question those detained or confined about their detention, confinement, and rehabilitation;

3- Receive and resolve complaints and reports concerning detention, confinement, and rehabilitation;

4- Request agencies, units at the same level and subordinate levels managing detention and rehabilitation facilities to inspect such places and report the results to the Military Procuracy;

5- Request agencies, units at the same level, subordinate levels, and responsible individuals to report on the situation of detention, confinement, and rehabilitation and respond to documents, measures, or actions violating the law in detention, confinement, and rehabilitation;

6- Decide to release those detained, confined, or rehabilitated without lawful basis;

7- Protest against agencies, units at the same level and subordinate levels, requesting them to cease execution, amend, or revoke documents terminating unlawful actions and request handling of law violators.

"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."

Agencies, units, and responsible individuals in detention, confinement, and rehabilitation must transfer complaints and reports from those detained, confined, or rehabilitated to the Military Procuracy within twenty-four hours from receipt of such complaints and reports.

For requests specified in Clause 4 and Clause 5 of Article 23 of this Ordinance, agencies, units, and responsible individuals must respond within thirty days from receipt of the request.

For decisions stipulated in Clause 6 of Article 23 of this Ordinance, agencies, units, or responsible individuals must immediately comply. If they disagree, they still must comply but have the right to appeal to the superior Military Procuracy. Within ten days from receipt of the appeal, the Chief Prosecutor of the superior Military Procuracy must resolve it.

For protests stipulated in Clause 7 of Article 23 of this Ordinance, relevant agencies and units must respond within fifteen days from receipt of the protest. If they disagree with the protest, relevant agencies and units have the right to appeal to the superior Military Procuracy. The superior Military Procuracy must resolve within fifteen days from receipt of the appeal. Decisions of the superior Military Procuracy must be complied with.

Chapter III

ORGANIZATION OF THE MILITARY PROCURACIES

Article 25

Military Prosecutors include:

- Central Military Procuracy;

- Military Prosecutors of Military Regions, Services, Corps, General Departments, and equivalent levels;

- Provincial and Regional Military Prosecutors.

Based on the mission and organization of the military, the Chief Prosecutor of the Supreme People's Procuracy, after reaching consensus with the Minister of National Defense, decides on the establishment and dissolution of Military Prosecutors of Military Regions, Services, Corps, General Departments, and equivalent levels; Provincial and Regional Military Prosecutors.

Article 26

The Central Military Procuracy belongs to the structure of the Supreme People's Procuracy, implementing the functions of the Supreme People's Procuracy within the military.

The Central Military Procuracy has a Chief Prosecutor, Deputy Chief Prosecutors, Prosecutors, and Investigators.

Article 27

Based on the law, directives of the Chief Prosecutor of the Supreme People's Procuracy on supervision work, and orders of the Minister of National Defense on military missions, the Chief Prosecutor of the Central Military Procuracy has the following tasks and powers:

1- Lead the implementation of supervision tasks, plans, and construction of the Military Procuracy in all aspects; decide issues related to supervision not within the jurisdiction of the Supervisory Committee; bear responsibility and report on supervision work in the military to the Chief Prosecutor of the Supreme People's Procuracy;

2- Issue decisions and directives to Military Prosecutors;

3- Direct and inspect the activities of Military Prosecutors at various levels; training and development work of Military Prosecutors;

4- Attend meetings of the Ministry of National Defense on related matters; meetings of the Military Court Central Bench Committee on uniform application of laws.

Article 28

The Central Military Procuracy has a Supervisory Committee.

The Supervisory Committee of the Central Military Procuracy consists of the Chief Prosecutor, Deputy Chief Prosecutors, and some Prosecutors of the Central Military Procuracy appointed by the Chief Prosecutor of the Central Military Procuracy and approved by the Chief Prosecutor of the Supreme People's Procuracy.

The Supervisory Committee of the Central Military Procuracy convenes chaired by the Chief Prosecutor to discuss and decide on important issues as follows:

1- Direction, tasks, and plans for the work of the Military Procuracy;

2- Reports of the Chief Prosecutor of the Central Military Procuracy to the Chief Prosecutor of the Supreme People's Procuracy on supervision work in the military; to the Minister of National Defense on the situation of law enforcement in the military;

3- Selection of candidates for appointment as Prosecutors at various levels of Military Prosecutors according to the Ordinance on Military Prosecutors;

4- Recommendations of the Central Military Procuracy sent to the Minister of National Defense; reports of the Central Military Procuracy to the Chief Prosecutor of the Supreme People's Procuracy on opinions of the Chief Prosecutor of the Central Military Procuracy not in agreement with resolutions of the Military Court Central Bench Committee; important criminal cases and other significant issues requested by at least one-third of the total number of Supervisory Committee members.

The Resolution of the Supervisory Committee must be approved by more than half of the total number of members; in case of equal votes, it shall be implemented according to the opinion of the Chief Prosecutor; if the Chief Prosecutor does not agree with the majority opinion of the Supervisory Committee, it shall be implemented according to the decision of the majority, but has the right to report to the Chief Prosecutor of the Supreme People's Military Procuracy.

Article 29

The People's Military Procuracy of Military Region, Military Branch, Corps, General Department, and equivalent level consists of the Chief Prosecutor, Deputy Chief Prosecutors, Prosecutors, and Investigators.

Article 30.

The People's Military Procuracy of Military Region, Military Branch, Corps, General Department, and equivalent level has a Supervisory Committee.

The Supervisory Committee of the People's Military Procuracy of Military Region, Corps, General Department, and equivalent level consists of the Chief Prosecutor, Deputy Chief Prosecutors, and some Prosecutors of the People's Military Procuracy of Military Region, Corps, General Department, and equivalent level appointed by the Chief Prosecutor and submitted for approval by the Chief Prosecutor of the Central Military Procuracy.

The Supervisory Committee of the People's Military Procuracy of Military Region, Corps, General Department, and equivalent level convenes meetings chaired by the Chief Prosecutor to discuss and decide on the following important matters:

1- Implementation of directions, tasks, work plans, decisions, and directives of the Chief Prosecutor of the Central Military Procuracy;

2- Reporting work results to the Central Military Procuracy;

3- Selecting candidates for appointment as Prosecutors of the People's Military Procuracy of Military Region and equivalent levels, provinces, and regions in accordance with the Ordinance on Prosecutors of the People's Procuracy;

4- Other important matters prescribed by the Chief Prosecutor of the Supreme People's Procuracy and the Chief Prosecutor of the Central Military Procuracy.

The Chief Prosecutor of the People's Military Procuracy of Military Region, Corps, Corps, General Department, and equivalent level decides on issues not within the jurisdiction of the Supervisory Committee.

The Resolution of the Supervisory Committee must be approved by more than half of the total number of members of the Supervisory Committee; in case of equal votes, it shall be implemented according to the opinion of the Chief Prosecutor. If the Chief Prosecutor disagrees with the majority opinion of the Supervisory Committee, it shall be implemented according to the decision of the majority, but has the right to report to the Chief Prosecutor of the Central Military Procuracy.

Article 31

The People's Military Procuracy of Province and Region consists of the Chief Prosecutor, Deputy Chief Prosecutors, and Prosecutors.

Article 32

The organizational structure of the Central Military Procuracy is decided by the Chief Prosecutor of the Supreme People's Procuracy after consultation with the Minister of National Defense and submission for approval by the Standing Committee of the National Assembly.

The organizational structure of the People's Military Procuracies of Military Region and equivalent levels, Provinces, and Regions is decided by the Chief Prosecutor of the Supreme People's Procuracy based on the proposal of the Chief Prosecutor of the Central Military Procuracy after consultation with the Minister of National Defense.

The staffing of the People's Military Procuracies at all levels is decided by the Chief Prosecutor of the Supreme People's Procuracy after consultation with the Minister of National Defense.

Article 33

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 People's Military Procuracy; those meeting the criteria stipulated in the Ordinance on Criminal Investigation Organization may be appointed as Investigators of the People's Military Procuracy.

Article 34

Military personnel, workers, and defense employees working in the People's Military Procuracy have rights and obligations under the military system. The allowance system and identification cards for the People's Military Procuracies are regulated by the Standing Committee of the National Assembly.

Article 35

The operating budget of the People's Military Procuracies is prepared by the Chief Prosecutor of the Supreme People's Procuracy in coordination with the Minister of National Defense and proposed to the Government for submission to the National Assembly for decision.

Chapter IV

IMPLEMENTING PROVISIONS

Article 36

This Ordinance replaces previous Ordinances on the organization of the People's Military Procuracy; all provisions contrary to this Ordinance are abolished.

Article 37

The Chief Prosecutor of the Supreme People's Procuracy and the Minister of National Defense shall guide the implementation of this Ordinance.