Decree No. 15-L/CTN Proclaims the Ordinance on Prosecutors of the People's Procuracy

ORDINANCE

Decision No. 15-L/CTN dated May 12, 1993 of the Standing Committee of the National Assembly on People's Procurators of the People's 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 in 1992;
Pursuant to Article 78 of the Law on the Organization of the National Assembly,

NOW PROMULGATES:

The Ordinance on People's Procurators of the People's Procuracy was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam (Session IX) on May 12, 1993.

ORDINANCE

ON PEOPLE'S PROCURATORS OF THE PEOPLE'S PROCUCECTORATE

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;
This Ordinance stipulates on Prosecutors of the People's Procuracy.

PART I

GENERAL PROVISIONS

Article 1

A People's Procurator is a person appointed in accordance with the law to perform the duty of supervising compliance with laws and exercising public prosecution rights.

Article 2

A citizen of Vietnam who is loyal to the country, has good moral character, honesty, and integrity, possesses legal knowledge and procuratorial expertise, strictly adheres to the law, has a firm spirit to uphold socialist rule of law, and has health sufficient to fulfill assigned tasks may be selected and appointed as a People's Procurator of the People's Procuracy.

Article 3

A People's Procurator must be accountable under the law for performing their duties and powers; if they violate the law, they will be subject to disciplinary action or criminal responsibility depending on the nature, severity, and consequences of the violation.

Article 4

Organizations and individuals related have the responsibility to strictly implement decisions, objections, recommendations, and requests of People's Procurators as prescribed by law.

Article 5

When discovering that decisions, objections, recommendations, requests, or other actions of People's Procurators lack basis or contravene the law, organizations and individuals have the right to lodge complaints or reports with the Procurator of the same-level People's Procuracy, the Procurator of the higher-level People's Procuracy, or competent state agencies.

Agencies or persons receiving complaints or reports have the responsibility to resolve and respond according to the provisions of the law.

It is strictly prohibited to retaliate against those who lodge complaints or reports or to abuse such rights to falsely accuse or defame People's Procurators.

Article 6

People's Procurators must respect the people and be subject to the people's supervision.

In performing their duties and powers, People's Procurators rely on state agencies, the Vietnam Fatherland Front, its member organizations, other social organizations, economic organizations, armed forces units, and citizens. Within their functional and task scope, these organizations and individuals have the responsibility to create conditions for People's Procurators to perform their duties.

Any act that obstructs People's Procurators from performing their duties is strictly prohibited.

Chapter II

DUTIES AND POWERS OF PEOPLE'S PROCURATORS. REGIME FOR PEOPLE'S PROCURATORS

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

People's Procurators carry out tasks assigned by the Procurator and are accountable to the Procurator.

When performing their duties, People's Procurators shall only follow the law and be directly guided by the Procurator of their own level, and uniformly led by the Procurator of the Supreme People's Procuracy.

Article 8

People's Procurators have the right to refuse assigned tasks if there is evidence that such tasks are contrary to the law; if the Procurator still decides, the People's Procurator must comply, but the Procurator must bear responsibility for their decision.

People's Procurators must refuse tasks or be replaced if there is evidence indicating that they may not be impartial while performing such tasks.

Article 9

Within the scope of procuratorial supervision assigned, People's Procurators are responsible for performing the duties and powers of their level People's Procuracy as prescribed by law, except for matters within the authority of the Procurator or Deputy Procurator.

Article 10

People's Procurators are not allowed to engage in business activities or other services as prescribed by law.

Article 11

People's Procurators enjoy salaries, allowances, and other benefits as prescribed by the State.

Article 12

People's Procurators are provided with uniforms and identification cards for performing their duties.

The model of uniforms, issuance and usage regulations for uniforms and identification cards of People's Procurators are stipulated by the Procurator of the Supreme People's Procuracy and submitted to the Standing Committee of the National Assembly for approval.

Article 13

The Procurator of the Supreme People's Procuracy manages the People's Procurators' workforce uniformly, training and retraining work for People's Procurators at all levels, and ensures the implementation of regimes for People's Procurators as prescribed by law.

Chapter III

STANDARDS FOR PEOPLE'S PROCURATORS. PROCEDURES FOR SELECTION, APPOINTMENT, REMOVAL FROM OFFICE, AND DISMISSAL OF PEOPLE'S PROCURATORS

Article 14

A citizen of Vietnam meeting the standards set forth in Article 2 of this Ordinance, having a college degree in law or a bachelor's degree in law, with at least eight years of experience in legal work, and possessing the ability to perform the duty of supervising compliance with laws and exercising public prosecution rights within the jurisdiction of the Supreme People's Procuracy, may be selected and appointed as a People's Procurator of the Supreme People's Procuracy; if they are a serving military officer and meet the standards set forth in this article, they may be selected and appointed as a People's Procurator of the Central Military Procuracy.

Article 15

A citizen of Vietnam meeting the standards set forth in Article 2 of this Ordinance, having a college degree in law or a bachelor's degree in law, with at least six years of experience in legal work, and possessing the ability to perform the duty of supervising compliance with laws and exercising public prosecution rights within the jurisdiction of provincial-level People's Procuracies, military procuracies of military regions, and equivalent entities, may be selected and appointed as a People's Procurator of provincial-level People's Procuracies; if they are a serving military officer and meet the standards set forth in this article, they may be selected and appointed as a People's Procurator of military procuracies of military regions and equivalent entities.

Article 16

A citizen of Vietnam meeting the standards set forth in Article 2 of this Ordinance, having a college degree in law or a bachelor's degree in law, with at least four years of experience in legal work, and possessing the ability to perform the duty of supervising compliance with laws and exercising public prosecution rights within the jurisdiction of district-level People's Procuracies, military procuracies of provinces, and equivalent entities, may be selected and appointed as a People's Procurator of district-level People's Procuracies; if they are a serving military officer and meet the standards set forth in this article, they may be selected and appointed as a People's Procurator of military procuracies of provinces and equivalent entities.

Article 17

The Chief Prosecutor of the Supreme People's Procuracy, the Military Procuracy Inspector of the Central Military Procuracy shall be appointed, dismissed, or removed from office by the President of the State upon the proposal of the Chief Prosecutor of the Supreme People's Procuracy.

The Procuracy Inspectors of the local People's Procuracy shall be appointed, dismissed, or removed from office by the Chief Prosecutor of the Supreme People's Procuracy upon the proposal of the Chief Prosecutor of the People's Procuracy of the province or centrally governed city.

The Procuracy Inspectors of the Military Procuracy of the Military Region and equivalent level, and the Military Procuracy of the province and region shall be appointed, dismissed, or removed from office by the Chief Prosecutor of the Supreme People's Procuracy upon the proposal of the Chief Prosecutor of the Central Military Procuracy.

Article 18

The Inspection Committee of the Supreme People's Procuracy selects persons meeting the criteria to serve as Procuracy Inspectors of the Supreme People's Procuracy and the Central Military Procuracy for the Chief Prosecutor of the Supreme People's Procuracy to propose to the President of the State for appointment; examines cases where Procuracy Inspectors of the Supreme People's Procuracy and the Central Military Procuracy violate discipline and no longer meet the criteria to serve as Procuracy Inspectors for the Chief Prosecutor of the Supreme People's Procuracy to propose to the President of the State for removal from office.

The Inspection Committee of the Central Military Procuracy selects persons meeting the criteria to serve as Procuracy Inspectors of the Central Military Procuracy for the Chief Prosecutor of the Central Military Procuracy to submit to the Inspection Committee of the Supreme People's Procuracy; examines cases where Procuracy Inspectors of the Central Military Procuracy violate discipline and no longer meet the criteria to serve as Procuracy Inspectors for the Chief Prosecutor of the Central Military Procuracy to submit to the Inspection Committee of the Supreme People's Procuracy.

Article 19

The Inspection Committee of the People's Procuracy of the province or centrally governed city selects persons meeting the criteria to serve as Procuracy Inspectors of the People's Procuracy of the province or centrally governed city, and the Procuracy Inspectors of the People's Procuracy of the district, city district, town, and provincial city for the Chief Prosecutor of the People's Procuracy of the province or centrally governed city to propose to the Chief Prosecutor of the Supreme People's Procuracy for appointment; examines cases where Procuracy Inspectors under their own level and subordinate levels violate discipline and no longer meet the criteria to serve as Procuracy Inspectors for the Chief Prosecutor of the People's Procuracy of the province or centrally governed city to propose to the Chief Prosecutor of the Supreme People's Procuracy for removal from office.

Article 20

The Inspection Committee of the Military Procuracy of the Military Region and equivalent level selects persons meeting the criteria to serve as Procuracy Inspectors of the Military Procuracy of the Military Region and equivalent level, and the Procuracy Inspectors of the Military Procuracy of the province and region for the Chief Prosecutor of the Military Region and equivalent level to submit to the Inspection Committee of the Central Military Procuracy. Based on the selection results of the Inspection Committee of the Central Military Procuracy, the Chief Prosecutor of the Central Military Procuracy proposes to the Chief Prosecutor of the Supreme People's Procuracy for appointment.

The Inspection Committee of the Military Procuracy of the Military Region and equivalent level examines cases where Procuracy Inspectors under their own level and subordinate levels violate discipline and no longer meet the criteria to serve as Procuracy Inspectors for the Chief Prosecutor of the Military Region and equivalent level to submit to the Inspection Committee of the Central Military Procuracy. Based on the decision of the Inspection Committee of the Central Military Procuracy, the Chief Prosecutor of the Central Military Procuracy proposes to the Chief Prosecutor of the Supreme People's Procuracy for removal from office.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21

This Ordinance replaces previous regulations regarding the rank of Procuracy Inspector of the People's Procuracy. Previous provisions contrary to this Ordinance are abolished.

Article 22

The Government and the Supreme People's Procuracy within their respective functions shall guide the implementation of this Ordinance.