Law on the Organization of the People's Procuracy No. 34/2002/QH10

LAW

The People's Public Prosecutor Office

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Law stipulates the organization and operation of the People's Public Prosecutor Office.

Chapter 1:

GENERAL PROVISIONS

Article 1

The People's Public Prosecutor Office exercises the public prosecution power and supervises judicial activities in accordance with the Constitution and laws.

The Supreme People's Public Prosecutor Office exercises the public prosecution power and supervises judicial activities, contributing to ensuring that laws are strictly and uniformly enforced.

Local People's Public Prosecutor Offices exercise the public prosecution power and supervise judicial activities in their respective localities.

Military People's Public Prosecutor Offices exercise the public prosecution power and supervise judicial activities in accordance with the law.

Article 2

Within its functions, the People's Public Prosecutor Office has the duty to contribute to protecting the socialist legal system, the socialist regime, and the people's right to mastery, protecting state and collective property, and protecting citizens' lives, health, property, freedom, dignity, and personality; ensuring that all acts infringing upon the interests of the state, collectives, and the lawful rights and interests of citizens are dealt with according to the law.

Article 3

The People's Public Prosecutor Office fulfills its functions and duties through the following tasks:

1. Exercising the public prosecution power and supervising compliance with the law in criminal investigations conducted by investigative agencies and other agencies assigned to carry out certain investigative activities.

2. Investigating certain types of crimes infringing upon judicial activities where the perpetrators are judicial officials.

3. Exercising the public prosecution power and supervising compliance with the law in criminal trials.

4. Supervising the handling of civil, family, administrative, economic, labor cases, and other matters as prescribed by law.

5. Supervising compliance with the law in the enforcement of court judgments and decisions.

6. Supervising compliance with the law in temporary detention, pre-trial detention, management, and education of persons serving custodial sentences.

Article 4

The People's Public Prosecutor Office is responsible for promptly receiving and resolving complaints and reports within its jurisdiction; supervising the resolution of complaints and reports regarding judicial activities of judicial agencies as prescribed by law.

Article 5

The People's Public Prosecutor Office is responsible for receiving information about crimes reported or denounced by agencies, organizations, civilian armed units, and individuals.

The People's Public Prosecutor Office is responsible for conducting crime statistics. Within its functions and duties, other judicial agencies are responsible for coordinating with the People's Public Prosecutor Office in performing this task.

Article 6

When performing its functions and duties, The People's Public Prosecutor Office has the authority to issue decisions, protests, recommendations, and requests, and is accountable under the law for these documents.

In case the aforementioned documents violate the law, the person issuing them will be subject to disciplinary action or criminal responsibility depending on the nature and extent of the violation.

Decisions, protests, recommendations, and requests of the People's Public Prosecutor Office must be strictly implemented by relevant agencies, organizations, units, and individuals in accordance with the law.

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

Within its functions and duties, the People's Public Prosecutor Office is responsible for coordinating with courts, police, inspection bodies, judicial administration agencies, other state agencies, the Vietnam Fatherland Front, and its member organizations, and civilian armed units to effectively prevent and combat crimes, promptly and strictly handle various types of crimes and violations of law in judicial activities; promote legal education; build laws; train and develop cadres; study crimes and violations of law.

Article 8

The People's Public Prosecutor Office is led by the Chief Prosecutor. The Chief Prosecutor of lower-level People's Public Prosecutor Offices is subject to the leadership of the Chief Prosecutor of higher-level People's Public Prosecutor Offices; the Chief Prosecutors of local People's Public Prosecutor Offices and military People's Public Prosecutor Offices at all levels are subject to the unified leadership of the Chief Prosecutor of the Supreme People's Public Prosecutor Office.

Higher-level People's Public Prosecutor Offices are responsible for inspecting, identifying, promptly correcting, and strictly dealing with violations of law by lower-level People's Public Prosecutor Offices. The Chief Prosecutor of a higher-level People's Public Prosecutor Office has the authority to revoke, suspend, or annul decisions without basis and contrary to the law made by lower-level People's Public Prosecutor Offices.

At the Supreme People's Public Prosecutor Office, provincial People's Public Prosecutor Offices, central military People's Public Prosecutor Offices, military People's Public Prosecutor Offices of military regions, and equivalent offices, a Supervisory Committee is established to discuss and decide by majority on important issues as prescribed by this Law.

Article 9

The Chief Prosecutor of the Supreme People's Public Prosecutor Office is elected, relieved of duty, or removed from office by the National Assembly upon the proposal of the President; is subject to the supervision of the National Assembly, is accountable and reports work to the National Assembly; during periods when the National Assembly is not in session, is accountable and reports work to the Standing Committee of the National Assembly and the President; responds to questions, proposals, and requests of National Assembly deputies.

Deputy Chief Prosecutors of the Supreme People's Public Prosecutor Office and Prosecutors of the Supreme People's Public Prosecutor Office are appointed, relieved of duty, or dismissed by the President upon the proposal of the Chief Prosecutor of the Supreme People's Public Prosecutor Office.

Chiefs, Deputy Chiefs, and Prosecutors of local People's Public Prosecutor Offices, Deputy Chiefs of the Central Military People's Public Prosecutor Office, Chiefs, Deputy Chiefs, and Prosecutors of military People's Public Prosecutor Offices of military regions and equivalent offices, military People's Public Prosecutor Offices of regions, and Investigators of the Supreme People's Public Prosecutor Office are appointed, relieved of duty, or dismissed by the Chief Prosecutor of the Supreme People's Public Prosecutor Office.

The Chief Prosecutor of a local People's Public Prosecutor Office is subject to the supervision of the People's Council at the same level; is accountable and reports work to the People's Council; responds to questions, proposals, and requests of People's Council deputies.

Deputy Chief Prosecutors assist the Chief Prosecutor in performing tasks as assigned by the Chief Prosecutor. When the Chief Prosecutor is absent, a Deputy Chief Prosecutor designated by the Chief Prosecutor leads the work of the People's Public Prosecutor Office. Deputy Chief Prosecutors are accountable to the Chief Prosecutor for the tasks assigned to them.

Article 10

The Supreme People's Procuracy is responsible for training and improving the professional skills of prosecution, managing the cadre of prosecutors and investigators to fulfill its responsibilities fully, and building a clean and strong prosecution sector.

Article 11

Prosecutors and investigators must respect and be subject to the supervision of the people.

Within their functions and tasks, state agencies, organizations, people's armed forces units, and individuals have the responsibility to create conditions for prosecutors and investigators to perform their duties.

All acts that obstruct prosecutors and investigators from performing their duties are strictly prohibited.

Chapter 2:

IMPLEMENTATION OF PROSECUTORIAL POWERS AND SUPERVISION OF CRIMINAL INVESTIGATIONS

Article 12

The People's Procuracy exercises prosecutorial powers and supervises compliance with the law in criminal investigations conducted by investigative agencies and other agencies tasked with conducting certain investigative activities, with the aim of ensuring:

1. Every criminal act must be promptly initiated, investigated, and dealt with, without allowing crimes and criminals to escape, and without wrongly accusing innocent persons;

2. No person shall be initiated against, arrested, detained, held in custody, or have their civil rights restricted, or be subjected to unlawful infringement on their life, health, property, freedom, dignity, and reputation;

3. Investigations must be objective, comprehensive, thorough, 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. Criminal liability pursuit against suspects must be based on evidence and in accordance with the law.

Article 13

When exercising prosecutorial powers during the investigation phase, the People's Procuracy has the following tasks and powers:

1. Initiating criminal cases and suspects; requesting investigative agencies to initiate or change decisions to initiate criminal cases and suspects;

2. Proposing investigative requirements and requesting investigative agencies to conduct investigations; directly conducting certain investigative activities as prescribed by law;

3. Requesting the head of the investigative agency to replace investigators as prescribed by law; if the investigator's actions indicate criminal behavior, initiating criminal proceedings;

4. Deciding on the application, modification, or revocation of arrest, detention, and other preventive measures, approving or not approving decisions made by investigative agencies as prescribed by law;

5. Revoking decisions made by investigative agencies that violate the law;

6. Deciding on the indictment of suspects; deciding to terminate or temporarily suspend investigations; terminating or temporarily suspending cases.

Article 14

When carrying out investigative supervision work, the People's Procuracy has the following tasks and powers:

1. Supervising the initiation of cases; supervising investigative activities and case file establishment by investigative agencies;

2. Supervising compliance with the law by participants in litigation;

3. Resolving disputes over investigative jurisdiction as prescribed by law;

4. Requesting investigative agencies to correct violations of the law during investigative activities; requesting the head of the investigative agency to deal with investigators who have violated the law during the investigative process strictly;

5. Advising relevant agencies, organizations, and units to apply preventive measures against crime and law violations.

Article 15

1. The Procurator, Deputy Procurators, and Prosecutors must strictly comply with the provisions of the law and bear responsibility for their actions and decisions regarding initiation, arrest, detention, indictment, and other decisions as prescribed by law.

2. Investigative agencies, relevant agencies, organizations, people's armed forces units, and related individuals have the responsibility to strictly implement the decisions and requests of the People's Procuracy as prescribed by law.

Chapter 3:

IMPLEMENTATION OF PROSECUTORIAL POWERS AND SUPERVISION OF CRIMINAL TRIALS

Article 16

During the trial phase of criminal cases, the People's Procuracy is responsible for exercising prosecutorial powers to ensure that indictments are accurate in terms of person, crime, and law, without allowing crimes and criminals to escape; supervising the trial of criminal cases to ensure that trials are lawful, strict, and timely.

Article 17

When exercising prosecutorial powers during the trial phase of criminal cases, the People's Procuracy has the following tasks and powers:

1. Reading the indictment and decisions of the People's Procuracy related to the resolution of the case at the court session;

2. Conducting the prosecution argument against the defendant at the first-instance court session, expressing views on the resolution of the case at the appellate court session; debating with defense attorneys and other litigation participants at the first-instance and appellate court sessions;

3. Expressing the views of the People's Procuracy on the resolution of the case at the cassation and retrial court sessions.

Article 18

When carrying out the supervision of criminal trial work, the People's Procuracy has the following tasks and powers:

1. Supervising compliance with the law in the activities of the People's Court;

2. Supervising compliance with the law by participants in litigation;

3. Supervising judgments and decisions of the People's Court as prescribed by law;

4. Requesting the same-level and lower-level People's Courts to transfer files of criminal cases for review and decision on appeal.

Article 19

When exercising prosecutorial powers and supervising criminal trials, the People's Procuracy has the right to appeal according to the appellate, cassation, and retrial procedures for judgments and decisions of the People's Court as prescribed by law; advising the same-level and lower-level People's Courts to correct violations in the trial process; advising relevant agencies, organizations, and units to apply preventive measures against crime and law violations; if there are signs of criminal behavior, initiating criminal proceedings.

Chapter 4:

SUPERVISION OF THE RESOLUTION OF CIVIL CASES, FAMILY CASES, ADMINISTRATIVE CASES, ECONOMIC CASES, LABOR CASES, AND OTHER MATTERS AS PRESCRIBED BY LAW

Article 20

The People's Procuracy supervises the resolution of civil cases, family cases, administrative cases, economic cases, labor cases, and other matters as prescribed by law to ensure that cases are resolved in accordance with the law and in a timely manner.

Article 21

When supervising the resolution of civil cases, family cases, administrative cases, economic cases, labor cases, and other matters as prescribed by law, the People's Procuracy has the following tasks and powers:

1. Supervise the acceptance and filing of case records; request the People's Court or conduct on their own investigations into issues that need clarification to resolve the case appropriately;

2. Initiate criminal cases as prescribed by law;

3. Participate in court sessions and express the views of the People's Procuracy regarding the resolution of the case;

4. Supervise compliance with the law in the activities of the People's Court's adjudication process;

5. Supervise compliance with the law by participants in litigation;

6. Supervise judgments and decisions of the People's Court;

7. Request the People's Court to apply provisional emergency measures as prescribed by law;

8. Request the same-level and lower-level People's Courts to transfer case files of civil, family, administrative, economic, labor cases and other matters as prescribed by law for review and decision on lodging appeals;

Article 22

When supervising the resolution of civil, family, administrative, economic, labor cases and other matters as prescribed by law, the People's Procuracy has the right to appeal according to appellate, cassation, and re-cassation procedures against judgments and decisions of the People's Court as prescribed by law; propose to the same-level and lower-level People's Courts to rectify violations of the law in resolving cases; if there are signs of criminal offenses, initiate criminal proceedings;

Chapter 5:

The Military Procuracy supervises the compliance with the law of theMilitary Court, Enforcement Agency, Enforcement Officer, relevantagencies, units, organizations, and individuals in enforcing judgmentsand decisions that have taken legal effect and those that are enforcedimmediately as prescribed by law to ensure that such judgments anddecisions are enforced in accordance with the law, fully, and promptly.

Article 23

The People's Procuracy supervises compliance with the law by the People's Court, enforcement agencies, Enforcement Officers, relevant agencies, organizations, units, and individuals in enforcing judgments and decisions that have taken legal effect and those judgments and decisions to be enforced immediately as prescribed by law to ensure that such judgments and decisions are enforced in accordance with the law, fully, and promptly;

"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."

When performing supervision work on enforcement, the People's Procuracy has the following tasks and powers:

1. Request the People's Court, same-level and lower-level enforcement agencies, Enforcement Officers, relevant agencies, organizations, units, and individuals involved in enforcement:

a) Issue enforcement decisions in accordance with the provisions of the law;

b) Conduct self-inspections of the enforcement of judgments and decisions that have taken legal effect and those judgments and decisions to be enforced immediately as prescribed by law and report the results of the inspection to the People's Procuracy;

c) Enforce judgments and decisions that have taken legal effect and those judgments and decisions to be enforced immediately as prescribed by law;

d) Provide case files, documents, and evidence related to enforcement;

2. Directly supervise compliance with the law in the enforcement process of same-level and lower-level enforcement agencies, Enforcement Officers, relevant agencies, organizations, units, and individuals, and the handling of appeals, complaints, and denunciations regarding enforcement;

3. Participate in the examination and reduction of sentence execution periods, removal of criminal records;

4. Propose exemption from sentence execution according to the provisions of the law;

5. Appeal to the People's Court, same-level and lower-level enforcement agencies, Enforcement Officers, responsible agencies, organizations, and units in the enforcement process; request suspension of enforcement, amendment, or revocation of decisions violating the law in the enforcement process, cessation of actions violating the law in the enforcement process; if there are signs of criminal offenses, initiate criminal proceedings; in cases prescribed by law, initiate civil proceedings;

Article 25

The People's Court, enforcement agencies, Enforcement Officers, relevant agencies, organizations, units, and individuals involved in enforcement shall fulfill the requirements stipulated in Clause 1 of Article 24 of this Law within thirty days from the date of receipt of the request;

For appeals prescribed in Clause 5 of Article 24 of this Law, the People's Court, enforcement agencies, Enforcement Officers, relevant agencies, organizations, units, and individuals shall respond within fifteen days from the date of receipt of the appeal;

Chapter 6:

SUPERVISION OF TEMPORARY DETENTION, TEMPORARY IMPRISONMENT, MANAGEMENT AND EDUCATION OF PRISONERS

Article 26

The People's Procuracy supervises compliance with the law by agencies, units, and responsible persons in temporary detention, temporary imprisonment, management, and education of prisoners to ensure:

1. Temporary detention, temporary imprisonment, management, and education of prisoners in accordance with the provisions of the law;

2. The regime of temporary detention, temporary imprisonment, management, and education of prisoners is strictly observed;

3. The lives, property, honor, dignity of temporarily detained, temporarily imprisoned persons, and prisoners, and their other rights are respected and not deprived by the law;

Article 27

When performing supervision work on temporary detention, temporary imprisonment, management, and education of prisoners, the People's Procuracy has the following tasks and powers:

1. Regularly and irregularly directly supervise at temporary detention centers, pre-trial detention centers, and prisons;

2. Inspect the files and documents of same-level and lower-level agencies responsible for temporary detention, temporary imprisonment, management, and education of prisoners; meet and interview temporarily detained, temporarily imprisoned persons, and prisoners about detention and custody;

3. Receive and handle complaints and denunciations regarding temporary detention, temporary imprisonment, management, and education of prisoners;

4. Request same-level and lower-level agencies managing temporary detention, temporary imprisonment, management, and education of prisoners to inspect these places and report the results to the People's Procuracy;

5. Request same-level, lower-level agencies, and responsible persons to report the situation of temporary detention, temporary imprisonment, management, and education of prisoners; respond to decisions, measures, or actions violating the law in temporary detention, temporary imprisonment, management, and education of prisoners;

6. Appeal to same-level and lower-level agencies requesting suspension of enforcement, amendment, or revocation of decisions violating the law in temporary detention, temporary imprisonment, management, and education of prisoners, cessation of actions violating the law, and request handling of law violators;

Article 28

During the supervision of temporary detention, temporary imprisonment, management, and education of prisoners, the People's Procuracy has the responsibility:

1. Timely detect and handle cases of wrongful detention, pre-trial detention, management, and education of persons serving criminal sentences; decide to immediately release persons under temporary detention, pre-trial detention, or serving criminal sentences without legal basis and contrary to the law.

2. When signs of criminal offenses are discovered in the process of temporary detention, pre-trial detention, management, and education of persons serving criminal sentences, initiate prosecution or request the investigation agency to initiate criminal prosecution.

Article 29

Agencies, units, and responsible individuals in the process of temporary detention, pre-trial detention, management, and education of persons serving criminal sentences must transfer complaints and reports from persons under temporary detention, pre-trial detention, or serving criminal sentences to the People's Procuracy within twenty-four hours from the time of receipt.

For requests stipulated in Clauses 4 and 5 of Article 27 of this Law, agencies, units, and responsible individuals must respond within thirty days from the date of receipt of the request.

For decisions stipulated in Clause 1 of Article 28 of this Law, agencies, units, or responsible individuals must immediately comply; if they disagree with such decision, they still must comply but have the right to appeal to the higher-level People's Procuracy; within ten days from the date of receipt of the appeal, the head of the higher-level People's Procuracy must resolve.

For objections stipulated in Clause 6 of Article 27 of this Law, relevant agencies and units must respond within fifteen days from the date of receipt of the objection; if they disagree with such objection, relevant agencies and units have the right to appeal to the higher-level People's Procuracy; the higher-level People's Procuracy must resolve within fifteen days from the date of receipt of the appeal. The decision of the higher-level People's Procuracy must be complied with.

Chapter 7:

ORGANIZATION OF THE PEOPLE'S PROCURACIES

Article 30.

The system of People's Procuracies includes:

1. The Supreme People's Procuracy;

2. Provincial and centrally-run city People's Procuracies;

3. District, urban district, town, and provincial city People's Procuracies;

4. Military People's Procuracies.

Article 31

1. The organizational structure of the Supreme People's Procuracy includes:

a) The Inspection Committee, various Departments, Bureaus, Institutes, Office, and Training School for Prosecutorial Affairs;

b) The Central Military Procuracy.

2. The Supreme People's Procuracy consists of the Procurator, Deputy Procurators, Prosecutors, and Investigators.

Article 32

1. The Inspection Committee of the Supreme People's Procuracy includes:

a) Director;

b) Deputy Directors;

c) A number of Prosecutors appointed by the Standing Committee of the National Assembly upon the proposal of the Procurator of the Supreme People's Procuracy.

2. The Inspection Committee of the Supreme People's Procuracy convenes meetings chaired by the Procurator to discuss and decide on important matters as follows:

a) Directions, tasks, and work plans for the entire sector;

b) Draft laws and ordinances submitted to the National Assembly and the Standing Committee of the National Assembly; reports of the Supreme People's Procuracy submitted to the National Assembly, the Standing Committee of the National Assembly, and the President of the State;

c) The organizational structure of the Supreme People's Procuracy;

d) Reports of the Procurator of the Supreme People's Procuracy submitted to the Standing Committee of the National Assembly regarding opinions of the Procurator that are not consistent with resolutions of the Supreme People's Court Council; recommendations of the Supreme People's Procuracy on combating crime sent to the Prime Minister; important criminal, civil, family, administrative, economic, and labor cases, and other important issues requested by at least one-third of the total members of the Inspection Committee.

Resolutions of the Inspection Committee must be approved by more than half of the total members; in case of equal votes, the side with the opinion of the Procurator prevails. If the Procurator disagrees with the majority opinion of the Inspection Committee, the decision of the majority prevails, but the Procurator has the right to report to the Standing Committee of the National Assembly or the President of the State.

Article 33

The Procurator of the Supreme People's Procuracy has the following duties and powers:

1. Lead the implementation of prosecutorial tasks, work plans, and the construction of the People's Procuracy in all aspects; decide on matters concerning prosecutorial work that are not within the jurisdiction of the Inspection Committee;

2. Issue decisions, directives, circulars, regulations, and working systems applicable to the prosecutorial sector;

3. Direct and inspect the activities of provincial and military People's Procuracies at all levels, training, and cadre development in the prosecutorial sector;

4. Establish the organizational structure of the Supreme People's Procuracy and submit it to the Standing Committee of the National Assembly for approval; decide on the organizational structure of local People's Procuracies; establish the organizational structure of military People's Procuracies after consultation with the Minister of Defense and submission to the Standing Committee of the National Assembly for approval;

5. Direct the drafting and submission of draft laws and ordinances according to the law; propose the Standing Committee of the National Assembly to interpret the Constitution, laws, and ordinances when necessary for the uniform application of the law;

6. Submit his/her opinion to the President of the State regarding cases where convicted persons request commutation of death sentences;

7. Organize the statistics of crimes;

8. Attend sessions of the Supreme People's Court Council discussing the uniform application of the law.

Article 34

1. The organizational structure of the Provincial and Centrally-Run City People's Procuracies includes the Inspection Committee, offices, and the Office.

2. The Provincial and Centrally-Run City People's Procuracies consist of the Procurator, Deputy Procurators, and Prosecutors.

Article 35

1. The Inspection Committee of the Provincial and Centrally-Run City People's Procuracies includes:

a) Director;

b) Deputy Directors;

c) A number of Prosecutors appointed by the Procurator of the Supreme People's Procuracy upon the proposal of the Procurator of the Provincial and Centrally-Run City People's Procuracies.

2. The Inspection Committee of the Provincial and Centrally-Run City People's Procuracies convenes meetings chaired by the Procurator to discuss and decide on important matters as follows:

a) Implementation of directions, tasks, work plans, directives, circulars, and decisions of the Supreme People's Procuracy.

b) Report on the completion of work to the Supreme People's Procuracy; report on work to the People's Council at the same level;

c) Important criminal, civil, family, administrative, economic, and labor cases;

d) Other important issues as prescribed by the President of the Supreme People's Procuracy.

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, the side with the opinion of the President of the Supervisory Committee shall prevail. If the President does not agree with the majority opinion of the Supervisory Committee members, the decision of the majority shall be implemented, but the President has the right to report to the President of the Supreme People's Procuracy.

The President of the Provincial People's Procuracy or the People's Procuracy of a centrally governed city decides on matters that are not within the jurisdiction of the Supervisory Committee.

Article 36

1. The People's Procuracy of a district, town, city district, or provincial-level city consists of working units and auxiliary machinery under the responsibility of the President and Deputy Presidents of the Procuracy.

2. The People's Procuracy of a district, town, city district, or provincial-level city consists of the President, Deputy Presidents, and Prosecutors.

Chapter 8:

MILITARY PROCURACIES

Article 37

Military procuracies are organized within the Vietnam People's Army to exercise public prosecution rights and supervise judicial activities according to the provisions of the law.

Article 38

Military procuracies include the Central Military Procuracy, Military Procuracies of Military Regions and equivalents, and Regional Military Procuracies.

Based on the tasks of the military in each period, the President of the Supreme People's Procuracy coordinates with the Minister of National Defense and submits to the Standing Committee of the National Assembly for the decision on the establishment of Military Procuracies of Military Regions and equivalents, and Regional Military Procuracies.

Article 39

The Central Military Procuracy is part of the structure of the Supreme People's Procuracy.

The President of the Central Military Procuracy is a Deputy President of the Supreme People's Procuracy, responsible for directing the activities of military procuracies at all levels, accountable and reporting on supervisory work in the military to the President of the Supreme People's Procuracy.

Article 40

Military personnel, civil servants, and defense workers employed in military procuracies have rights and obligations according to the system of the military; they enjoy allowances for the prosecution sector.

Article 41

The organization and operation of military procuracies, supervision over the activities of military procuracies, are regulated by the Standing Committee of the National Assembly.

Chapter 9:

PROSECUTORS AND INVESTIGATORS

Article 42 |||

1. Prosecutors are appointed according to the provisions of the law to perform the duties of exercising public prosecution rights and supervising judicial activities.

2. Investigators of the Supreme People's Procuracy are appointed according to the provisions of the law to perform the duty of investigating crimes.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

A Vietnamese citizen loyal to the country and the Constitution of the Socialist Republic of Vietnam, having good moral character, integrity, and honesty, holding a bachelor's degree in law, trained in prosecution and investigation, with a firm spirit to protect socialist rule of law, having practical experience as required by law, and having health sufficient to fulfill assigned tasks, may be appointed as a Prosecutor or Investigator.

Specific criteria, selection boards, and selection regulations for Prosecutors and Investigators are prescribed by the Standing Committee of the National Assembly.

Article 44 |||

The term of office for Prosecutors and Investigators is five years.

Article 45 |||

1. When performing tasks and powers delegated by the President, Prosecutors must comply with the law and be directly supervised by the President of their own level of Procuracy, and uniformly led by the President of the Supreme People's Procuracy.

The specific duties and powers of Prosecutors are prescribed by the Ordinance on Prosecutors of the People's Procuracy.

2. When performing tasks and powers delegated by the Head of the Investigation Agency, Investigators must comply with the law and be directly supervised by the Head of the Investigation Agency, and uniformly led by the President of the Supreme People's Procuracy.

The duties and powers of Investigators are prescribed by law.

Article 46 |||

1. The President, Deputy Presidents, Prosecutors, Heads of Investigation Agencies, and Investigators must be accountable before the law for the performance of their duties and powers; if there are violations of the law, they will be subject to disciplinary action or criminal liability according to the provisions of the law depending on the nature and severity of the violation.

2. In the course of performing duties and powers, if damage is caused, the People's Procuracy where these individuals work must bear the responsibility for compensation, and those who caused the damage must compensate the People's Procuracy according to the provisions of the law.

Chapter 10:

ENSURING THE ACTIVITIES OF THE PEOPLE'S PROCURACIES

Article 47 |||

1. The total staffing, number of Prosecutors, and Investigators of the People's Procuracy are decided by the Standing Committee of the National Assembly based on the proposal of the President of the Supreme People's Procuracy.

Based on the total staffing decided by the Standing Committee of the National Assembly, the President of the Supreme People's Procuracy decides on the staffing of local procuracies and units subordinate to the Supreme People's Procuracy.

2. The staffing, number of Prosecutors, and Investigators of military procuracies are decided by the Standing Committee of the National Assembly based on the proposal of the President of the Supreme People's Procuracy after coordination with the Minister of National Defense.

Article 48

The salary system, allowances, identification cards, uniforms for procuratorial staff, and preferential treatment for Prosecutors and Investigators when performing duties are regulated by the Standing Committee of the National Assembly.

Article 49

1. The operating budget of the People's Procuracy is prepared by the Supreme People's Procuracy and proposed to the Government for submission to the National Assembly for approval.

2. The operating budget of military procuracies is prepared jointly by the Ministry of National Defense and the Supreme People's Procuracy and proposed to the Government for submission to the National Assembly for approval.

3. Management, allocation, and use of funds are carried out according to the law on state budget.

4. The State prioritizes investment in developing information technology and other means to ensure that the People's Procuracy sector effectively fulfills its functions and tasks.

Chapter 11:

IMPLEMENTING PROVISIONS

Article 50

This Law replaces the Law on the Organization of the People's Procuracy dated October 7, 1992.

All previous provisions that are contrary to this Law are hereby abolished.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the tenth session, eleventh meeting, on April 2, 2002.