Ordinance No. 15/2011/UBTVQH12 Amending and Supplementing Certain Articles of the Ordinance on Prosecutors of the People's Public Prosecutor Office

ORDINANCE

Amending and supplementing certain provisions of the Ordinance on Prosecutors of the People's Procuracy

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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 Procuracy 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 XIIth tenure (2007-2011);

The Standing Committee of the National Assembly promulgates the Ordinance amending and supplementing certain provisions of the Ordinance on Prosecutors of the People's Procuracy No. 03/2002/PL-UBTVQH11.

Article 1.

Amending and supplementing certain provisions of the Ordinance on Prosecutors of the People's Procuracy:

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

"Article 3.

1. Prosecutors of the People's Procuracy of the Socialist Republic of Vietnam include:

a) Prosecutors of the Supreme People's Procuracy;

b) Intermediate-level prosecutors and Junior-level prosecutors of the People's Procuracy;

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

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

2. Article 18 is amended and supplemented as follows:

"Article 18.

Those who meet the criteria stipulated in Article 2 of this Ordinance, have at least four years of experience in legal work, possess the ability to exercise public prosecution rights and supervise judicial activities may be selected and appointed as Junior-level prosecutors of the People's Procuracy; if they are active military officers, they may be selected and appointed as Junior-level prosecutors of the Military Procuracy."

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

"Article 19.

1. Those who meet the criteria stipulated in Article 2 of this Ordinance and have been Junior-level prosecutors for at least five years, possess the ability to exercise public prosecution rights and supervise judicial activities, and have the capacity to guide inspection business for Junior-level prosecutors may be selected and appointed as Intermediate-level prosecutors of the People's Procuracy; if they are active military officers, they may be selected and appointed as Intermediate-level prosecutors of the Military Procuracy.

2. In cases where there is a need for personnel in the Procuracy sector, those who meet the criteria stipulated in Article 2 of this Ordinance and have at least ten years of experience in legal work, possess the ability to exercise public prosecution rights and supervise judicial activities, and have the capacity to guide inspection business for Junior-level prosecutors, may be selected and appointed as Intermediate-level prosecutors of the People's Procuracy; if they are active military officers, they may be selected and appointed as Intermediate-level prosecutors of the Military Procuracy."

4. Article 20 is amended and supplemented as follows:

"Article 20.

1. Those who meet the criteria stipulated in Article 2 of this Ordinance and have been Intermediate-level prosecutors for at least five years, possess the ability to exercise public prosecution rights and supervise judicial activities, and have the capacity to guide inspection business for Junior-level and Intermediate-level prosecutors may be selected and appointed as Prosecutors of the Supreme People's Procuracy; if they are active military officers, they may be selected and appointed as Central Military Procuracy Prosecutors.

2. In cases where there is a need for personnel in the Procuracy sector, those who meet the criteria stipulated in Article 2 of this Ordinance and have at least fifteen years of experience in legal work, possess the ability to exercise public prosecution rights and supervise judicial activities, and have the capacity to guide inspection business for Junior-level and Intermediate-level prosecutors may be selected and appointed as Prosecutors of the Supreme People's Procuracy; if they are active military officers, they may be selected and appointed as Central Military Procuracy Prosecutors."

5. Article 21 is amended and supplemented as follows:

"Article 21.

In cases of necessity, those currently working in the Procuracy sector or those assigned to work in the Procuracy sector by competent authorities, although not having sufficient time as Junior-level or Intermediate-level prosecutors or sufficient time in legal work, but meeting all other criteria stipulated in Articles 18, 19, or 20 of this Ordinance, may also be selected and appointed as Junior-level or Intermediate-level prosecutors of the People's Procuracy or Prosecutors of the Supreme People's Procuracy; if they are active military officers, they may be selected and appointed as Junior-level or Intermediate-level prosecutors of the Military Procuracy or Central Military Procuracy Prosecutors."

6. Article 22 is amended and supplemented as follows:

"Article 22.

1. The Selection Council for Prosecutors of the People's Procuracy includes:

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

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

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

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."

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 Procuracy includes the Chairman or Vice-Chairman of the Provincial People's Council (commonly referred to as the Provincial People's Council) as Chairperson, the Chief Prosecutor of the Provincial People's Procuracy, representatives from the Provincial Department of Home Affairs, the Vietnam Fatherland Front 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 Procuracy shall be decided by the Chief Prosecutor of the Supreme People's Procuracy 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 upon the proposal of the Inspection Committee of the Provincial People's Procuracy for the Chairman of the Council to propose to the Chief Prosecutor of the Supreme People's Procuracy 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 upon the proposal of the Inspection Committee of the Provincial People's Procuracy for the Chairman of the Council to propose to the Chief Prosecutor of the Supreme People's Procuracy 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 upon the proposal of the Inspection Committee of the Provincial People's Procuracy for the Chairman of the Council to propose to the Chief Prosecutor of the Supreme People's Procuracy 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 People's Procuracy consists of the Chief Prosecutor of the Central Military People's Procuracy as Chairman, representatives of the Ministry of National Defense, the Ministry of Public Security, the Vietnam Fatherland Front Central Committee, and the Vietnam Bar Association Central Committee as members.

The list of members of the Selection Council for Intermediate Prosecutors and Junior Prosecutors of the Military People's Procuracy shall be decided by the Chief Prosecutor of the Supreme People's Procuracy upon the proposal of the Chief Prosecutor of the Central Military People's Procuracy.

2. The Selection Council for Intermediate Prosecutors and Junior Prosecutors of the Military 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 Military People's Procuracy upon the proposal of the Inspection Committee of the Military Zone People's Procuracy and equivalent bodies for the Chief Prosecutor of the Central Military People's Procuracy to propose to the Chief Prosecutor of the Supreme People's Procuracy to appoint;

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

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

9. Article 30 is amended and supplemented as follows:

"Article 30.

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

a) To transfer Prosecutors from the People's Procuracy of one locality to another 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 the People's Procuracy of one locality to perform duties for a limited time at another People's Procuracy not in the same province or centrally governed city; to detail Prosecutors from the Supreme People's Procuracy to perform duties for a limited time 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 Chief Prosecutor of the Provincial People's Procuracy 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 duties for a limited time 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 People's Procuracy to another of the same level after reaching agreement with the Chief Prosecutor of the Supreme People's Procuracy;

b) To detail Prosecutors from one Military People's Procuracy to perform duties for a limited time at another Military People's Procuracy."

Article 2.

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

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