Decree No. 14/L-CTN Announcing the Ordinance on Recognition and Enforcement in Vietnam of Civil Judgments and Decisions of Foreign Courts

ORDER

Decree No. 14/L-CTN dated April 26, 1993 promulgating the Ordinance on Recognition and Enforcement in Vietnam of Foreign Civil Judgments and Decisions

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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 17, 1993.

ORDINANCE

ORGANIZATION OF MILITARY PROCURACIES

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, and 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 operations, and other persons called up for military service, as well as other relevant agencies, organizations, and individuals; exercising public prosecution rights as prescribed by law, ensuring that laws are strictly and uniformly enforced.

In cases of necessity, the President of the Supreme People's Procuracy may assign military procuracies to supervise compliance with the law by citizens and bear responsibility for their decisions.

Article 2

Within the scope of 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 security and military discipline, state property, collective 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, collectives, the combat readiness of the military, and the lawful 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 through the following activities:

1- Supervising compliance with the law regarding legal regulations issued within the army; supervising compliance with the law by agencies, units, and organizations within 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 the investigation conducted by investigative agencies and other agencies assigned to carry out certain investigative activities for 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 of military courts that have become legally effective;

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

6- Investigating crimes in cases as provided by criminal procedure law.

Article 4

When performing their functions and duties, military procuracies have the authority to issue decisions, objections, recommendations, 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.

The decisions, objections, recommendations, and requests of military procuracies must be strictly implemented by agencies, units, and organizations within the army, as well as other relevant agencies, organizations, and individuals in accordance with the law.

Article 5

Within the scope of 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 collectives in legal education propaganda; preventing and combating crime and law violations; participating in legislative work; 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 procuracy.

Commanders at all levels must promptly report crimes and law violations occurring in their units to the head of the military procuracy at the same level; in necessary cases, promptly report to the head of the nearest military procuracy while simultaneously reporting to the head of the military procuracy at their own level.

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

Military procuracies are led by the head. The head of a lower-level military procuracy is under the leadership of the head of a higher-level military procuracy; military procuracies at all levels are under the unified leadership of the head of the Supreme People's Procuracy.

At the central military procuracy, military procuracy of military regions, corps, armies, general departments, and equivalent levels, a supervisory committee shall be established to discuss and decide by majority on important issues as prescribed by this Ordinance.

Article 8

The head of the central military procuracy is the Deputy head of the Supreme People's Procuracy appointed, relieved, or dismissed by the State President upon the proposal of the head of the Supreme People's Procuracy, after consultation with the Minister of Defense.

Deputies of the central military procuracy are appointed, relieved, or dismissed by the head of the Supreme People's Procuracy upon the proposal of the head 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 State President upon the proposal of the head of the Supreme People's Procuracy.

The President, Vice Presidents, and Prosecutors of Military Procuracy at military regions and equivalent levels, provinces, and areas 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.

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

A Vice President assists the President in performing tasks as assigned by 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 according to the Ordinance on Prosecutors of the People's Procuracy.

Article 9

Political organs of military regions and equivalent levels, and political organs of provincial Military Command Headquarters shall regularly organize meetings of military personnel in their units and those stationed in their jurisdictions to hear reports from the corresponding level Military Procuracy on the implementation of laws in the military, activities of the Military Procuracy, and to answer questions raised by representatives.

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

Chapter II

ASPECTS OF THE WORK OF THE MILITARY PROCURACIES

Section 1: SUPERVISION OF COMPLIANCE WITH LAWS BY MILITARY ORGANIZATIONS, UNITS, AND ORGANIZATIONS; MILITARY PERSONNEL, DEFENSE WORKERS, AND OTHER STATE EMPLOYEES; AND OTHER ORGANIZATIONS AND CITIZENS RELATED TO THE MILITARY

Article 10

Within their scope of responsibility, Military Procuracies supervise compliance with laws concerning regulations issued within the military; supervise 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 and Resolutions of the Standing Committee of the National Assembly; Decrees and Resolutions of the Government; Decisions and Directives of the Prime Minister;

2- Compliance with laws by military organizations, units, and other organizations; military personnel, defense workers, state employees; and other organizations and citizens related to the military 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 the organizations, units, and individuals specified in Article 10 of this Ordinance, the Military Procuracy has the following duties and powers:

1- Request military organizations, units, and organizations at the same level and subordinate levels; and 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, or organization and the results of handling;

b) To provide necessary regulatory documents and materials 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 Inspection Office at the same level to inspect acts of law violation and report the results to the Military Procuracy.

3- Request military personnel, defense workers, state employees of relevant organizations, units, and citizens to answer and provide materials about related acts of law violation.

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

Relevant organizations, units, and individuals must fulfill the requests stipulated 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, and grassroots units under higher-level units located in the locality to stop acts of law violation; requests suspension of execution, amendment, or revocation of regulations; elimination of causes leading to law violations; requests disciplinary action or administrative punishment against violators. If there are signs of criminal offenses, the Military Procuracy initiates criminal proceedings.

2- Relevant organizations, units, and organizations must respond to the protest of the Military Procuracy as stipulated 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 response period 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 request the directly superior Military Procuracy to review. The directly superior Military Procuracy must review and respond within thirty days from the date of receipt of the request.

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 Prosecutor's Office 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- All criminal acts 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, held in custody, have their civil rights restricted, or suffer unlawful infringement on their life, health, property, freedom, honor, and dignity;

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 Prosecutor's Office has the following tasks and powers:

1- Supervising the initiation of cases and supervising the investigative activities of investigative agencies;

2- Resolving disputes over investigative jurisdiction;

3- Approving or not approving decisions of investigative agencies as prescribed by law; deciding on the application, modification, or revocation of preventive measures; revoking decisions of investigative agencies that violate the law;

4- Requesting investigative agencies to correct violations of the law in their investigative activities; requesting the heads of investigative agencies to strictly deal with investigators who violate the law while conducting investigations; if the actions of the investigator indicate criminal offenses, initiating criminal proceedings against them;

5- Deciding to prosecute suspects, deciding to terminate or temporarily suspend investigations;

6- Advising relevant agencies, units, and organizations to apply preventive measures against crimes.

Article 15

Investigative agencies are responsible for implementing the requests and decisions of the Military Prosecutor's Office as prescribed by criminal procedure law.

Section 3: PROSECUTION SUPERVISION OF TRIAL

Article 16

The Military Prosecutor's Office 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 Prosecutor's Office has the following tasks and powers:

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

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

3- Filing appeals according to 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 Prosecutor's Office advises the Military Court at the same level and lower levels to correct violations of the law in the trial process, and advises relevant agencies, units, and organizations to apply preventive measures against crimes and violations of the law.

Section 4: PROSECUTION SUPERVISION OF ENFORCEMENT OF JUDGMENTS

Article 19

The Military Prosecutor's Office 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 Prosecutor's Office has the following tasks and powers:

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

a) Self-inspect the enforcement of judgments and decisions that have taken legal effect from Military Courts and report the results of the inspection to the Military Prosecutor's Office;

b) Provide materials and evidence related to 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 lower levels, and enforcement officers in enforcing judgments and decisions that have taken legal effect from Military Courts and handling appeals and complaints regarding enforcement of judgments.

3- Filing objections with Military Courts, enforcement agencies at the same level and lower levels, enforcement officers, agencies, units, organizations responsible for enforcement of judgments, requesting suspension of enforcement, amendment, or revocation of documents, cessation of illegal actions in enforcement of judgments; requesting disciplinary action or administrative penalties for violators. If there are signs of criminal offenses, initiating 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 requests stipulated in Clause 1 of Article 20 of this Ordinance within thirty days from the date of receipt of the request.

For objections prescribed 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 are carried out in accordance with legal provisions;

2- Detention, confinement, and rehabilitation regimes are strictly enforced;

3- The lives, property, honor, dignity, and other lawful rights of those detained, confined, or undergoing rehabilitation are respected.

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 denunciations concerning detention, confinement, and rehabilitation;

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

5- Require 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 these matters;

6- Decide to release those detained, confined, or undergoing rehabilitation who have no basis and are contrary to the law;

7- Protest against agencies, units at the same level and subordinate levels, requesting them to cease execution, amend, or revoke documents terminating actions that violate the law and demand punishment for those who violate the law.

"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 denunciations from those detained, confined, or undergoing rehabilitation to the Military Procuracy within twenty-four hours from receipt of such complaints and denunciations.

For requests stipulated 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 it within fifteen days from receipt of the appeal. The decision of the superior Military Procuracy must be complied with.

Chapter III

ORGANIZATION OF THE MILITARY PROCURACIES

Article 25

Military Prosecutorial Offices include:

- Central Military Procuracy;

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

- Provincial and Regional Military Procuracy Offices.

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 Procuracy Offices of Military Regions, Services, Corps, General Departments, and equivalent levels; Provincial and Regional Military Procuracy Offices.

Article 26

The Central Military Procuracy belongs to the structure of the Supreme People's Procuracy and performs 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 purview 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 Procuracy Offices;

3- Direct and inspect the activities of Military Procuracy Offices at various levels; training and development of cadres in Military Procuracy Offices;

4- Attend meetings of the Ministry of National Defense on related issues; meetings of the Military Court Central Appellate Panel on the 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 under the chairmanship of the Chief Prosecutor to discuss and decide on the following important matters:

1- Directions, 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 in Military Procuracy Offices at various levels according to the Ordinance on Prosecutors of the People's Procuracy;

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 that do not agree with resolutions of the Military Court Central Appellate Panel; significant criminal cases and other important 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 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 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, Military Branch, 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, Military Branch, 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 the summary of work 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, Military Branch, 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

Officers of the People's Army 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 military regulations. 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.