Ordinance No. 15/2011/PL-UBTVQH12 Amending and Supplementing Certain Articles of the Ordinance on Prosecutors of the People's Procuracy

ORDINANCE

Amending and supplementing certain Articles of the Ordinance Prosecutor of the People's Public Prosecution Office

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to the Law on Organization of the People's Public Prosecution Office No. 34/2002/QH10;

Pursuant to Resolution No. 27/2008/QH12 dated November 15, 2008 of the National Assembly on the Program for Legislative Work in 2009 and Supplementing the Program for Legislative Work of the National Assembly during the 12th Tenure (2007-2011);

The Standing Committee of the National Assembly promulgates this Ordinance amending and supplementing certain articles of the Ordinance on Prosecutors of the People's Public Prosecution Office No. 03/2002/PL-UBTVQH11.

Article 1.

Amending and supplementing certain articles of the Ordinance on Prosecutors of the People's Public Prosecution Office:

1. Clause 3 shall be amended and supplemented as follows:

“Article 3.

1. Prosecutors of the People's Public Prosecution Office in the Socialist Republic of Vietnam include:

a) Prosecutors of the Supreme People's Public Prosecution Office;

b) Intermediate-level prosecutors and Junior-level prosecutors of the People's Public Prosecution Office;

c) Prosecutors of the Military Public Prosecution Office including Central Military Public Prosecutors who are also Prosecutors of the Supreme People's Public Prosecution Office, Intermediate-level prosecutors, and Junior-level prosecutors of the Military Public Prosecution Office.

2. Each level of the Public Prosecution Office shall be allocated different grades of prosecutors. The number of Prosecutors of the Supreme People's Public Prosecution Office, Intermediate-level prosecutors, and Junior-level prosecutors of the People's Public Prosecution Office shall be decided by the Standing Committee of the National Assembly upon the proposal of the Chief Prosecutor of the Supreme People's Public Prosecution Office.”

2. Article 18 is amended and supplemented as follows:

“Article 18.

A person meeting the criteria stipulated in Article 2 of this Ordinance, having at least four years of experience in legal work, possessing the ability to exercise public prosecution rights and supervise judicial activities may be selected and appointed as a Junior-level prosecutor of the People's Public Prosecution Office; if such person is a serving military officer, they may be selected and appointed as a Junior-level prosecutor of the Military Public Prosecution Office.”

"Article 19. Reporting Responsibilities of the State Bank Branches at Provincial and Municipal Levels

“Article 19.

1. A person meeting the criteria stipulated in Article 2 of this Ordinance and already serving as a Junior-level prosecutor for at least five years, possessing the ability to exercise public prosecution rights and supervise judicial activities, and capable of guiding inspection business to Junior-level prosecutors may be selected and appointed as an Intermediate-level prosecutor of the People's Public Prosecution Office; if such person is a serving military officer, they may be selected and appointed as an Intermediate-level prosecutor of the Military Public Prosecution Office.

2. In cases where there is a need for personnel in the Public Prosecution sector, a person meeting the criteria stipulated in Article 2 of this Ordinance and having at least ten years of experience in legal work, possessing the ability to exercise public prosecution rights and supervise judicial activities, and capable of guiding inspection business to Junior-level prosecutors may be selected and appointed as an Intermediate-level prosecutor of the People's Public Prosecution Office; if such person is a serving military officer, they may be selected and appointed as an Intermediate-level prosecutor of the Military Public Prosecution Office.”

4. Article 20 is amended and supplemented as follows:

“Article 20.

1. A person meeting the criteria stipulated in Article 2 of this Ordinance and already serving as an Intermediate-level prosecutor for at least five years, possessing the ability to exercise public prosecution rights and supervise judicial activities, and capable of guiding inspection business to Junior-level and Intermediate-level prosecutors may be selected and appointed as a Prosecutor of the Supreme People's Public Prosecution Office; if such person is a serving military officer, they may be selected and appointed as a Prosecutor of the Central Military Public Prosecution Office.

2. In cases where there is a need for personnel in the Public Prosecution sector, a person meeting the criteria stipulated in Article 2 of this Ordinance and having at least fifteen years of experience in legal work, possessing the ability to exercise public prosecution rights and supervise judicial activities, and capable of guiding inspection business to Junior-level and Intermediate-level prosecutors may be selected and appointed as a Prosecutor of the Supreme People's Public Prosecution Office; if such person is a serving military officer, they may be selected and appointed as a Prosecutor of the Central Military Public Prosecution Office.”

5. Article 21 is amended and supplemented as follows:

“Article 21.

In cases of necessity, a person currently working in the Public Prosecution sector or a person assigned by an authorized agency or organization to work in the Public Prosecution sector, although not yet having sufficient time as a Junior-level or Intermediate-level prosecutor or sufficient time in legal work, but meeting all other criteria stipulated in Articles 18, 19, or Article 20 of this Ordinance, may also be selected and appointed as a Junior-level or Intermediate-level prosecutor of the People's Public Prosecution Office or a Prosecutor of the Supreme People's Public Prosecution Office; if such person is a serving military officer, they may be selected and appointed as a Junior-level or Intermediate-level prosecutor of the Military Public Prosecution Office or a Prosecutor of the Central Military Public Prosecution Office.”

6. Article 22 is amended and supplemented as follows:

“Article 22.

1. The Selection Council for Prosecutors of the People's Public Prosecution Office includes:

a) The Selection Council for Prosecutors of the Supreme People's Public Prosecution Office and the Central Military Public Prosecution Office;

b) Various Selection Councils for Intermediate-level and Junior-level prosecutors of the People's Public Prosecution Office;

c) The Selection Council for Intermediate-level and Junior-level prosecutors of the Military Public Prosecution Office.

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

7. Article 24 is amended and supplemented as follows:

“Article 24.

1. The Selection Council for Intermediate-level and Junior-level prosecutors of the People's Public Prosecution Office includes the Chairman or Vice-Chairman of the Provincial People's Council (collectively referred to as the Provincial People's Council) as the Chairman, the Chief Prosecutor of the Provincial People's Public Prosecution Office, representatives from the Provincial Department of Home Affairs, the Vietnam Fatherland Front Provincial Committee, and the Provincial Bar Association as members.

The list of members of the Selection Council for Intermediate-level and Junior-level prosecutors of the People's Public Prosecution Office shall be decided by the Chief Prosecutor of the Supreme People's Public Prosecution Office upon the proposal of the Chairman of the Provincial People's Council.

2. The Selection Council for Intermediate Prosecutors and Junior Prosecutors of the People's Procuracy has the following tasks and powers:

a) To select persons meeting the criteria to become Intermediate Prosecutors and Junior Prosecutors of the People's Procuracy at the provincial level People's Procuracy's Inspection Committee's proposal for the Council Chairperson to propose the Supreme People's Procuracy Prosecutor to appoint;

b) To examine cases where Intermediate Prosecutors and Junior Prosecutors of the People's Procuracy may be relieved of their Prosecutor positions as stipulated in Clause 2, Article 27 of this Ordinance based on the provincial People's Procuracy's Inspection Committee's proposal for the Council Chairperson to propose the Supreme People's Procuracy Prosecutor to relieve them of their positions;

c) To examine cases where Intermediate Prosecutors and Junior Prosecutors of the People's Procuracy may be dismissed from their Prosecutor positions as stipulated in Clause 2, Article 28 of this Ordinance based on the provincial People's Procuracy's Inspection Committee's proposal for the Council Chairperson to propose the Supreme People's Procuracy Prosecutor to dismiss them.

b) When performing duties and discovering events with signs of crime or receiving reports and accusations of crime as stipulated in Articles 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, and 281 of Part I of Chapter XXI of the Penal Code 2015, the Head of the Provincial Public Security Agency's Road Traffic and Railway Traffic Police Division shall perform the duties and powers set out in Article 38 of the Law on the Organization of Investigative Agencies 2015 for these crimes;

“Article 25.

1. The Selection Council for Intermediate Prosecutors and Junior Prosecutors of the Military Procuracy consists of the Military Central Procuracy Prosecutor as Chairperson, representatives of the Ministry of National Defense, Ministry of Public Security, Vietnam Fatherland Front Central Committee, and the Vietnam Bar Association Central Committee as members.

The list of Selection Council for Intermediate Prosecutors and Junior Prosecutors of the Military Procuracy members is decided by the Supreme People's Procuracy Prosecutor based on the proposal of the Military Central Procuracy Prosecutor.

2. The Selection Council for Intermediate Prosecutors and Junior Prosecutors of the Military Procuracy has the following tasks and powers:

a) To select persons meeting the criteria to become Intermediate Prosecutors and Junior Prosecutors of the Military Procuracy based on the Military Zone and equivalent Military Procuracy's Inspection Committee's proposal for the Military Central Procuracy Prosecutor to propose the Supreme People's Procuracy Prosecutor to appoint;

b) To examine cases where Intermediate Prosecutors and Junior Prosecutors of the Military Procuracy may be relieved of their Prosecutor positions as stipulated in Clause 2, Article 27 of this Ordinance based on the Military Zone and equivalent Military Procuracy's Inspection Committee's proposal for the Military Central Procuracy Prosecutor to propose the Supreme People's Procuracy Prosecutor to relieve them of their positions;

c) To examine cases where Intermediate Prosecutors and Junior Prosecutors of the Military Procuracy may be dismissed from their Prosecutor positions as stipulated in Clause 2, Article 28 of this Law based on the Military Zone and equivalent Military Procuracy's Inspection Committee's proposal for the Military Central Procuracy Prosecutor to propose the Supreme People's Procuracy Prosecutor to dismiss them.

9. Article 30 is amended and supplemented as follows:

“Article 30.

1. The Supreme People's Procuracy Prosecutor has the right to decide:

a) To transfer Prosecutors from one local People's Procuracy to another local People's Procuracy not in the same province or centrally governed city; to transfer Prosecutors from the Supreme People's Procuracy to a local People's Procuracy and vice versa;

b) To detail Prosecutors from one local People's Procuracy to perform a term duty at another local People's Procuracy not in the same province or centrally governed city; to detail Prosecutors from the Supreme People's Procuracy to perform a term duty at a local People's Procuracy and vice versa;

c) In case of necessity, to transfer or detail Prosecutors from one People's Procuracy to another within the same province or centrally governed city.

2. The Provincial People's Procuracy Prosecutor has the right to decide:

a) To transfer Prosecutors from one People's Procuracy to another within the same province or centrally governed city;

b) To detail Prosecutors from one People's Procuracy to perform a term duty at another People's Procuracy within the same province or centrally governed city.

3. The Minister of National Defense has the right to decide:

a) To transfer Prosecutors from one Military Procuracy to another of the same level after reaching agreement with the Supreme People's Procuracy Prosecutor;

b) To detail Prosecutors from one Military Procuracy to perform a term duty at another Military Procuracy.

Article 2.

1. This Ordinance takes effect from July 1, 2011.

2. The Government, the Supreme People's Procuracy within the scope of their tasks and powers, shall be responsible for guiding the implementation of this Ordinance./