Law on the Organization of People's Procuratorates Number Unnumbered

LAW

||| ORGANIZATION OF THE PEOPLE'S PROSECUTORIUM

||| Pursuant to Article 105 and Article 106, Chapter VIII of the Constitution of the Democratic Republic of Vietnam, this Law stipulates the organization of the People's Procuratorates.

PART I

GENERAL PRINCIPLES

Article 1

||| The Supreme People's Procuracy supervises compliance with laws by agencies under the Council of Ministers, local state agencies, state agency officials, and citizens.

||| Local People's Procuratorates at all levels supervise compliance with laws by local state agencies, state agency officials, and citizens.

Article 2

||| The People's Procuratorates ensure that laws are strictly and uniformly enforced, thereby maintaining the people's democratic legal system.

||| The purpose of supervision is to protect the people's democratic regime, social order, public property, and legitimate rights and interests of citizens, contributing to ensuring the success of socialist construction in the northern region and the struggle for national reunification.

Article 3

||| The Supreme People's Procuracy and local People's Procuratorates at all levels perform their tasks as follows:

||| a) Supervise compliance with laws in resolutions, decisions, circulars, directives, and measures issued by agencies under the Council of Ministers and local state agencies; supervise compliance with laws by state agency officials and citizens.

||| b) Investigate criminal offenses and prosecute before the People's Courts those who commit criminal offenses.

||| c) Supervise compliance with laws in the investigation activities of the Public Security Agency and other investigative agencies;

||| d) Supervise compliance with laws in the trial activities of the People's Courts and in the enforcement of judgments;

||| e) Supervise compliance with laws in detention activities of prisons;

||| g) Initiate prosecution or participate in litigation in important civil cases related to the interests of the State and the people.

Article 4

||| The People's Procuratorates consist of: the Supreme People's Procuracy, local People's Procuratorates, and military People's Procuratorates.

||| Local People's Procuratorates include: provincial People's Procuratorates, municipal People's Procuratorates directly under the central government or equivalent administrative units, county-level People's Procuratorates, city-level People's Procuratorates under provinces, market towns, or equivalent administrative units, and People's Procuratorates in autonomous regions.

||| The Supreme People's Procuracy organizes local People's Procuratorates at various levels within autonomous regions based on the characteristics of the situation in these regions.

||| The organization of military People's Procuratorates at various levels is regulated separately by the Standing Committee of the National Assembly based on the principles of organizing the People's Procuratorates set forth in this Law.

Article 5

||| When performing their duties, the People's Procuratorates must follow the principle that all citizens are equal before the law, without distinction based on gender, ethnicity, lineage, religion, belief, social status, or social class.

Article 6

||| Local People's Procuratorates at all levels perform their duties independently, and other state agencies may not interfere.

||| Local People's Procuratorates at all levels are subject to leadership from higher-level People's Procuratorates and unified leadership from the Supreme People's Procuracy.

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

||| The People's Procuratorates have a Procurator General, one or more Deputy Procurators General, and procurators. In addition to these components, the Supreme People's Procuracy also has a number of alternate procurators.

||| The People's Procuratorates are led by the Procurator General. At the Supreme People's Procuracy, provincial People's Procuratorates, municipal People's Procuratorates directly under the central government, or equivalent administrative units, and People's Procuratorates in autonomous regions, establish a supervisory committee consisting of the Procurator General, Deputy Procurator Generals, and some procurators, to resolve important issues in supervisory work under the leadership of the Procurator General.

Article 8

||| The Supreme People's Procuracy is responsible and reports its work to the National Assembly; during periods when the National Assembly is not in session, it is responsible and reports its work to the Standing Committee of the National Assembly. The Supreme People's Procuracy has the right to submit draft laws or ordinances to the National Assembly or the Standing Committee of the National Assembly regarding matters within its specialized field of work.

PART II

||| SUPERVISION OF COMPLIANCE WITH LAWS BY AGENCIES

||| UNDER THE COUNCIL OF MINISTERS, LOCAL STATE AGENCIES,

||| STATE AGENCY OFFICIALS AND CITIZENS

Article 9

||| The Supreme People's Procuracy has the right to protest against resolutions, decisions, circulars, directives, or measures that are illegal issued by agencies under the Council of Ministers and local state agencies.

||| Local People's Procuratorates have the right to request corrections if they find that resolutions, decisions, directives, or measures issued by the same-level state agencies are illegal. If the agency does not correct them, the local People's Procuratorate reports to the higher-level People's Procuratorate to protest.

||| Provincial, county-level People's Procuratorates, or equivalent administrative units, and People's Procuratorates in autonomous regions report to higher-level People's Procuratorates if they find that resolutions, decisions, circulars, directives, or measures issued by higher-level state agencies are illegal.

||| The Supreme People's Procuracy and local People's Procuratorates do not have the direct authority to revoke, amend, or suspend the implementation of resolutions, decisions, circulars, directives, or measures that are illegal issued by the aforementioned agencies.

||| Regarding requests and protests from the People's Procuratorates, relevant agencies are responsible for resolving and responding seriously.

Article 10

||| During the performance of their supervisory duties, People's Procuratorates at all levels have the right to review necessary documents and files, attend relevant meetings of the relevant agencies, supervise compliance with laws on-site, or request the relevant agencies to self-inspect compliance with laws within their agencies. Relevant agencies have the duty to provide necessary documents and comply with the requirements of the People's Procuratorates seriously.

Article 11

||| The People's Procuratorates are responsible for receiving, handling complaints and accusations from the people regarding violations of laws, and replying to the complainants or accusers.

Article 12

When the People's Procuracy detects that state agency staff have committed a violation, it shall, depending on the nature of the violation, either inform the competent authority to handle the matter administratively or pursue criminal responsibility.

For citizens who commit violations, the People's Procuracy will, depending on the nature of the violation, either handle the matter administratively or pursue criminal responsibility.

In necessary cases, the People's Procuracy may take appropriate measures to ensure compensation for material losses suffered by victims due to the violation.

CHAPTER III

SUPERVISION OF COMPLIANCE WITH THE LAW IN THE INVESTIGATION BY

POLICE ORGANIZATIONS AND OTHER INVESTIGATIVE ORGANIZATIONS

Article 13

The People's Procuracy supervises compliance with the law in the investigation by police organizations and other investigative organizations with the aim of:

a) Ensuring that no criminal act or criminal evades legal proceedings;

b) Ensuring that no citizen is detained, brought to trial, or deprived of their civil rights in contravention of the law.

Article 14

Detaining any citizen must be approved by the People's Procuracy except when the People's Court decides to detain.

Article 15

During supervision of investigations, the People's Procuracy has the right to:

a) Request the police organization or other investigative organization to investigate criminal acts and issue warrants for fugitive suspects;

b) Request the police organization or other investigative organization to provide necessary evidence to prove the criminal acts of suspects; if the evidence is not clear, return the case file to the police organization or other investigative organization for further investigation;

c) Participate in the investigation, or conduct the investigation itself when necessary;

d) Prosecute or exempt suspects from prosecution; suspend criminal cases according to the law;

e) If the People's Procuracy finds that the investigation by the police organization or other investigative organization does not comply with the law, request corrections; if investigators commit crimes during the investigation, pursue criminal responsibility.

Article 16

If the police organization and other investigative organizations believe that the decision not to approve detention or prosecution by the same-level People's Procuracy is erroneous, they have the right to request a higher-level People's Procuracy to review the decision.

PART IV

SUPERVISION OF COMPLIANCE WITH THE LAW IN THE TRIAL BY

PEOPLE'S COURTS AND IN THE ENFORCEMENT OF JUDGMENTS

Article 17

The Supreme People's Procuracy and local People's Procuracies have the right to:

a) Initiate criminal proceedings and maintain public prosecution before the same-level People's Court;

b) Initiate or participate in litigation in important civil cases related to the interests of the State and the people;

c) Protest judgments or decisions of the same-level and lower-level People's Courts at the first instance;

d) Supervise the enforcement of judgments and decisions of the People's Courts.

Article 18

When the Supreme People's Procuracy finds that judgments or decisions of all levels of People's Courts that have become legally binding are erroneous, it has the right to protest.

When local People's Procuracies find that judgments or decisions of their own level or lower-level People's Courts that have become legally binding are erroneous, they report to the Supreme People's Procuracy to protest.

Article 19

The Chief Prosecutor of the Supreme People's Procuracy has the right to attend meetings of the Judicial Council of the Supreme People's Court discussing trials and meetings of the Full Council of Justices of the Supreme People's Court reviewing death sentences; if the Chief Prosecutor of the Supreme People's Procuracy disagrees with the resolutions of the Judicial Council or the Full Council of Justices of the Supreme People's Court, he reports to the Standing Committee of the National Assembly for determination.

The Chief Prosecutor of local People's Procuracies has the right to attend meetings of the Judicial Council of the same-level People's Court discussing trials. If the Chief Prosecutor of the local People's Procuracy disagrees with the resolution of the Judicial Council of the same-level People's Court, he reports to the higher-level People's Procuracy.

CHAPTER V

SUPERVISION OF COMPLIANCE WITH THE LAW IN THE

DETENTION BY PRISONS

Article 20

The People's Procuracy is responsible for supervising compliance with the law regarding detention, ensuring that no innocent citizen is detained, and ensuring that detention procedures and conditions are properly implemented.

Article 21

The People's Procuracy has the right to examine detention records and documents, directly interview detainees; if innocent citizens are found to be detained, the People's Procuracy orders their release.

If violations of the law are detected in detention, the People's Procuracy requests the responsible authority to correct them; if a crime is committed, criminal responsibility is pursued.

Article 22

Prisons must forward complaints from detainees to the People's Procuracy within twenty-four hours. The People's Procuracy is responsible for resolving and replying to the complainants.

Chapter VI

STAFF, ORGANIZATION, AND STAFFING OF

PEOPLE'S PROSECUTION OFFICE

Article 23

The Chief Prosecutor of the Supreme People's Procuracy is elected and removed by the National Assembly.

The term of office of the Chief Prosecutor of the Supreme People's Procuracy is five years.

Deputy Chief Prosecutors, Assistant Prosecutors, Substitute Assistant Prosecutors, and members of the Inspection Committee of the Supreme People's Procuracy are appointed and removed by the Standing Committee of the National Assembly upon the proposal of the Chairman of the Standing Committee of the National Assembly.

"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."

Chief Prosecutors, Deputy Chief Prosecutors, Assistant Prosecutors, and members of the Inspection Committees of local People's Procuracies are appointed and removed by the Supreme People's Procuracy.

Article 25

The organization of the Supreme People's Procuracy is regulated by the Standing Committee of the National Assembly.

The organizational structure and staffing of local People's Procuracies at various levels are regulated by the Supreme People's Procuracy according to general regulations on the organizational structure and staffing of state agencies.

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This Law was passed by the First Session of the Second National Assembly of the Democratic Republic of Vietnam on July 15, 1960.