Law on the Organization of People's Procuratorates No. 63/2014/QH13

LAW

ORGANIZATION OF THE PEOPLE'S PROSECUTORIAL BODY

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Mobile Police Torganization of the People's Procuracy.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the functions, tasks, powers, and organizational structure of the People's Procuracy; the Prosecutor and other positions within the People's Procuracy; and the assurance of the operation of the People's Procuracy.

Article 2. Functions and Tasks of the People's Procuracy

1. The People's Procuracy is the organ that exercises public prosecution rights and supervises judicial activities of the Socialist Republic of Vietnam.

2. The People's Procuracy has the task of protecting the Constitution and laws, protecting human rights and citizens' rights, protecting the socialist regime, protecting the interests of the State, lawful rights and interests of organizations and individuals, contributing to ensuring strict and uniform compliance with the law.

Article 3. Function of Exercising Public Prosecution Rights of the People's Procuracy

1. Exercising public prosecution rights is the activity of the People's Procuracy in criminal proceedings to implement the State's indictment against criminals, carried out from the moment of handling reports of crimes, accusations of crimes, recommendations for prosecution, and throughout the process of initiating, investigating, prosecuting, and adjudicating criminal cases.

2. The People's Procuracy exercises public prosecution rights to ensure:

a) Every criminal act and criminal must be discovered, prosecuted, investigated, indicted, and adjudicated promptly, strictly, accurately according to the law, without wrongfully indicting innocent people, without letting crimes and criminals go unpunished;

b) No one shall be prosecuted, arrested, detained, imprisoned, or have their human rights and citizens' rights restricted illegally.

3. When performing the function of exercising public prosecution rights, the People's Procuracy has the following tasks and powers:

a) Requesting prosecution, revoking decisions on prosecution or non-prosecution of cases contrary to the law, approving or not approving decisions on prosecution of suspects made by investigative agencies or agencies assigned to conduct certain investigative activities; directly initiating cases and prosecuting suspects in situations prescribed by the Criminal Procedure Code;

b) Deciding on the application, modification, or revocation of measures restricting human rights and citizens' rights in handling reports of crimes, accusations of crimes, recommendations for prosecution, and during prosecution and investigation, as provided by the Criminal Procedure Code;

c) Revoking other unlawful decisions in the handling of reports of crimes, accusations of crimes, recommendations for prosecution, and during the investigation by investigative agencies or agencies assigned to conduct certain investigative activities;

d) Proposing investigative requirements when necessary and requiring investigative agencies or agencies assigned to conduct certain investigative activities to implement them;

đ) Requesting relevant agencies, organizations, and individuals to provide materials to clarify crimes and criminals;

e) Directly handling reports of crimes, accusations of crimes, recommendations for prosecution; conducting some investigative activities to clarify the basis for indicting criminals;

g) Investigating crimes infringing upon judicial activities, corruption and official misconduct occurring in judicial activities as prescribed by law;

h) Deciding on the application of simplified procedures during the investigation and prosecution stages;

i) Deciding on the indictment and indictment of defendants at trial;

k) Objecting to court judgments and decisions when the People's Procuracy discovers wrongful convictions, errors, or the omission of crimes and criminals;

l) Performing other tasks and powers in indicting criminals as prescribed by the Criminal Procedure Code.

Article 4. The function of supervising judicial activities of the People's Procuracy

1. Supervising judicial activities is the activity of the People's Procuracy to supervise the legality of actions and decisions of agencies, organizations, and individuals in judicial activities, carried out from the moment of receiving and handling reports of criminal offenses, requests for prosecution, and throughout the process of resolving criminal cases; in resolving administrative cases, civil disputes, family matters, business, trade, labor disputes; enforcement of judgments; resolution of complaints and denunciations in judicial activities; other judicial activities as prescribed by law.

2. The People's Procuracy supervises judicial activities with the aim of ensuring:

a) The receipt and resolution of reports of criminal offenses and requests for prosecution; the resolution of criminal cases, administrative cases, civil disputes, family matters, business, trade, labor disputes; enforcement of judgments; resolution of complaints and denunciations in judicial activities; other judicial activities are implemented in accordance with the provisions of the law;

b) The arrest, temporary detention, pre-trial detention, enforcement of custodial sentences, temporary detention and pre-trial detention regimes, management, and education of persons serving custodial sentences are carried out in accordance with the provisions of the law; human rights and other legitimate rights and interests of arrested, temporarily detained, pre-trial detained persons, and persons serving custodial sentences that are not restricted by law must be respected and protected;

c) Court judgments and decisions that have become legally binding must be strictly enforced;

d) All violations of the law in judicial activities must be promptly detected and dealt with severely.

3. When performing the function of supervising judicial activities, the People's Procuracy has the following tasks and powers:

a) Requesting agencies, organizations, and individuals to carry out judicial activities in accordance with the provisions of the law; self-inspecting the conduct of judicial activities within their jurisdiction and reporting the results to the People's Procuracy; providing files and materials for the People's Procuracy to supervise the legality of actions and decisions in judicial activities;

b) Directly supervising; investigating and collecting evidence to clarify violations of the law by agencies, organizations, and individuals in judicial activities;

d) Objecting to court judgments and decisions that violate the law; proposing actions and decisions of the court that violate the law; objecting to actions and decisions that violate the law of other agencies and individuals with authority in judicial activities;

đ) Supervising the resolution of complaints and denunciations in judicial activities; resolving complaints and denunciations within their jurisdiction;

e) Performing other tasks and powers in supervising judicial activities as prescribed by law.

Article 5. Objections and Proposals of the People's Procuracy

1. In cases where actions, judgments, or decisions of agencies or individuals with authority in judicial activities seriously violate the law, infringe upon human rights, citizens' rights, state interests, and the legitimate rights and interests of organizations and individuals, the People's Procuracy must object. Agencies and individuals with authority must resolve objections of the People's Procuracy in accordance with the provisions of the law.

2. In cases where actions or decisions of agencies, organizations, or individuals in judicial activities violate the law but less seriously than those specified in Clause 1 of this Article, the People's Procuracy shall propose these agencies, organizations, or individuals to rectify the violations of the law and deal with violators seriously; if any loopholes or shortcomings in management are discovered, the People's Procuracy shall propose relevant agencies and organizations to rectify them and apply preventive measures against violations of the law and crimes. Relevant agencies, organizations, and individuals are responsible for considering, resolving, and responding to proposals of the People's Procuracy in accordance with the provisions of the law.

Article 6. Tasks of the People's Procuracy

1. The People's Procuracy performs the function of prosecution through the following tasks:

a) Prosecution in handling reports of criminal offenses and requests for prosecution;

b) Prosecution during the initiation and investigation stages of criminal cases;

c) Prosecution during the indictment stage of criminal offenses;

d) Prosecution during the trial stage of criminal cases;

đ) Investigation of certain types of criminal offenses;

e) Prosecution in judicial mutual assistance activities;

2. The People's Procuracy performs the function of supervising judicial activities through the following tasks:

a) Supervision of the acceptance and handling of reports of criminal offenses and requests for prosecution;

b) Supervision of the initiation and investigation of criminal cases;

c) Supervision of compliance with laws by participants in litigation during the indictment stage;

d) Supervision of the trial of criminal cases;

đ) Supervision of temporary detention, pre-trial detention, and enforcement of criminal sentences;

e) Supervision of the resolution of administrative cases, civil cases, family disputes, business and trade cases, labor disputes, and other matters as prescribed by law;

g) Supervision of the enforcement of civil judgments and administrative judgments;

h) Supervision of the resolution of complaints and appeals in judicial activities of competent authorities as prescribed by law; resolution of complaints and appeals in judicial activities within their jurisdiction;

i) Supervision of judicial mutual assistance activities;

3. Other tasks of the People's Procuracy include:

a) Crime statistics; law drafting; dissemination and education on laws;

b) Training and capacity building; scientific research; international cooperation and other tasks to build the People's Procuracy;

Article 7. Principles of organization and operation of the People's Procuracy

1. The People's Procuracy is led by its Procurator. The Procurator of a lower-level People's Procuracy is subject to the leadership of the Procurator of a higher-level People's Procuracy. Procurators of lower-level procuracies are subject to unified leadership by the Procurator of the Supreme People's Procuracy.

A higher-level People's Procuracy has the responsibility to inspect and strictly handle violations of law by a lower-level People's Procuracy. The Procurator of a higher-level People's Procuracy has the right to withdraw, suspend, or revoke decisions that violate the law made by the Procurator of a lower-level People's Procuracy.

Article 8. Responsibilities for coordination of the People's Procuracy

Within the scope of its functions and responsibilities, the People's Procuracy has the responsibility to coordinate with the Public Security Organs, Courts, Enforcement Agencies, Inspectors, Auditors, other state agencies, the Vietnam Fatherland Front, and its affiliated organizations to effectively prevent and combat crime; promptly and strictly handle various types of crimes and violations of law in judicial activities; disseminate and educate on laws; draft laws; train and develop; study crimes and violations of law.

Article 9. Rights and responsibilities of agencies, organizations, and individuals regarding the activities of the People's Public Prosecutor Office

1. Agencies, organizations, and individuals concerned must strictly comply with decisions, requests, recommendations, and protests of the People's Public Prosecutor Office; they have the right to recommend, appeal, and report violations of the law by the People's Public Prosecutor Office; the People's Public Prosecutor Office must resolve and respond according to the provisions of the law.

2. When there is evidence that the actions or decisions of the People's Public Prosecutor Office lack basis or violate the law, the Investigative Agency, agencies assigned tasks to conduct certain investigative activities, Courts, and Enforcement Agencies have the right to recommend and request the People's Public Prosecutor Office to reconsider. The People's Public Prosecutor Office must resolve and respond according to the provisions of the law.

3. It is strictly prohibited for agencies, organizations, and individuals to obstruct or interfere with the activities of exercising public prosecution rights and supervising judicial activities of the People's Public Prosecutor Office; to abuse the right to appeal and report to slander other staff members of the People's Public Prosecutor Office.

Article 10. Supervision of the Activities of the People's Public Prosecutor Office

The National Assembly, agencies of the National Assembly, National Assembly deputies, Delegations of National Assembly deputies, People's Councils, People's Council deputies, the Vietnam Fatherland Front, and its member organizations supervise the activities of the People's Public Prosecutor Office according to the provisions of the law.

Article 11. Traditional Day and Emblem of the People's Public Prosecutor Office

1. The traditional day of the People's Public Prosecutor Office is July 26th each year.

2. The emblem of the People's Public Prosecutor Office is circular, red background, gold border, with hidden centrifugal rays; in the center is a five-pointed star in gold color; on both sides are rice ears; at the bottom is a sword shield; on the shield background is a half gear wheel in dark blue and the letters "KS" in platinum color; the lower part of the emblem has a red ribbon surrounding it, with the phrase "Socialist Republic of Vietnam" in front.

Chapter II

THE TASKS TO PERFORM THE FUNCTIONS AND DUTIES OF THE PEOPLE'S PUBLIC PROSECUTOR OFFICE

Section 1

EXERCISE OF PUBLIC PROSECUTION RIGHTS, SUPERVISION OF THE ACCEPTANCE,

SETTLEMENT OF CRIMINAL COMPLAINTS, INFORMATION ON CRIMES

AND RECOMMENDATION FOR INVESTIGATION

Article 12. Duties and powers of the People's Public Prosecutor Office when exercising public prosecution rights in the settlement of criminal complaints, information on crimes, and recommendation for investigation

1. Approving or not approving the arrest of persons in emergency situations, extending temporary detention, and other measures restricting human and citizen rights in the settlement of criminal complaints, information on crimes, and recommendation for investigation.

2. Revoking decisions on temporary detention and other unlawful procedural decisions of competent authorities in the settlement of criminal complaints, information on crimes, and recommendation for investigation.

3. Proposing inspections, verifications, and requesting competent authorities to settle criminal complaints, information on crimes, and recommendation for investigation when necessary.

4. Directly settling criminal complaints, information on crimes, and recommendation for investigation in cases where serious violations of the law are discovered or there are signs of crime being overlooked despite requests from the People's Public Prosecutor Office remaining unaddressed.

5. Performing other duties and powers to exercise public prosecution rights according to the provisions of the Criminal Procedure Code to prevent crimes from being overlooked and to prevent innocent people from being wrongfully accused.

Article 13. Tasks and powers of the People's Procuracy when supervising the receipt and handling of reports of criminal offenses and requests for prosecution initiation

1. Receiving fully all reports of criminal offenses and requests for prosecution initiation transferred from agencies, organizations, and individuals, and immediately transferring them to the competent investigative agency for resolution.

2. Supervising compliance with the law by the Investigative Agency and agencies assigned tasks to conduct certain investigative activities in the process of receiving reports of criminal offenses and requests for prosecution initiation. The Investigative Agency and agencies assigned tasks to conduct certain investigative activities shall promptly and fully notify the People's Procuracy about received reports of criminal offenses and requests for prosecution initiation.

3. Directly supervising; supervising the verification, investigation, file establishment, and results of resolving reports of criminal offenses and requests for prosecution initiation by the Investigative Agency and agencies assigned tasks to conduct certain investigative activities. The Investigative Agency and agencies assigned tasks to conduct certain investigative activities shall promptly and fully notify the People's Procuracy about the results of verification and resolution.

4. When discovering incomplete or illegal receipt and handling of reports of criminal offenses and requests for prosecution initiation, the People's Procuracy shall require the Investigative Agency and agencies assigned tasks to conduct certain investigative activities to perform the following actions:

a) Receiving, verifying, investigating, and making decisions on resolving reports of criminal offenses and requests for prosecution initiation fully and in accordance with the law;

b) Checking the receipt and handling of reports of criminal offenses and requests for prosecution initiation and notifying the results to the People's Procuracy;

c) Providing materials on violations of the law in the process of receiving and handling reports of criminal offenses and requests for prosecution initiation;

d) Rectifying violations of the law and strictly dealing with violators.

5. Resolving disputes regarding jurisdiction over the handling of reports of criminal offenses and requests for prosecution initiation.

6. Performing other tasks and powers in supervising the receipt and handling of reports of criminal offenses and requests for prosecution initiation as prescribed by the Criminal Procedure Code.

Section 2

IMPLEMENTATION OF PUBLIC PROSECUTION RIGHTS

AND SUPERVISION OF CRIMINAL INVESTIGATIONS

Article 14. Tasks and powers of the People's Procuracy when implementing public prosecution rights during the criminal investigation phase

1. Requesting the Investigative Agency and agencies assigned tasks to conduct certain investigative activities to initiate prosecution or change, supplement decisions on initiating prosecution cases or suspects.

2. Revoking unlawful decisions on initiating prosecution, changing or supplementing decisions on initiating prosecution cases, or decisions not to initiate prosecution cases; approving or revoking unlawful decisions on initiating prosecution, changing or supplementing decisions on initiating prosecution suspects.

3. Initiating prosecution, changing, or supplementing decisions on initiating prosecution cases or suspects as provided by the Criminal Procedure Code.

4. Approving or not approving the arrest of persons in urgent situations, extension of temporary detention, detention, and other measures restricting human rights and citizens' rights.

5. Deciding on the application, change, or revocation of arrest, temporary detention, detention, preventive measures, and other measures restricting human rights and citizens' rights as prescribed by law.

6. Approving, not approving, or revoking other investigative decisions made by the Investigative Agency and agencies assigned tasks to conduct certain investigative activities.

7. Proposing investigative requirements and requesting the Investigative Agency and agencies assigned tasks to conduct certain investigative activities to conduct investigations to clarify crimes and criminals; requesting the Investigative Agency to issue warrants for the arrest of suspects.

8. Directly conducting certain investigative activities to check and supplement evidence when reviewing and approving orders and decisions of the Investigative Agency and agencies assigned tasks to conduct certain investigative activities, or in cases where there are signs of wrongful convictions, omissions of crimes, or violations of the law that the People's Procuracy has requested but have not been rectified.

9. Initiating prosecution or requesting the Investigative Agency to initiate prosecution criminal cases when discovering acts of authorized persons in handling reports of criminal offenses and requests for prosecution initiation and in initiating and investigating prosecution cases that indicate criminal offenses.

10. Deciding on the extension of the investigation period, detention period, transfer of cases, application of simplified procedures, and compulsory medical treatment measures.

11. Performing other tasks and powers in implementing public prosecution rights as prescribed by the Criminal Procedure Code.

Article 15. Duties and powers of the People's Procuracy when supervising criminal investigation

1. Supervise compliance with the law in the initiation, investigation, and preparation of case files by the Investigation Agency and agencies assigned to perform certain investigative activities.

2. Supervise criminal proceedings of participants in criminal proceedings; request and propose competent authorities to handle strictly those participants who violate the law.

3. Resolve disputes regarding investigative jurisdiction.

4. Request the Investigation Agency and agencies assigned to perform certain investigative activities to provide relevant materials for supervision of compliance with the law in the initiation and investigation of cases when necessary.

5. Propose and request the Investigation Agency and agencies assigned to perform certain investigative activities to rectify violations in the initiation and investigation of cases.

6. Request the heads of the Investigation Agency and agencies assigned to perform certain investigative activities to replace investigators and investigative officers; handle strictly investigators and investigative officers who violate the law during criminal proceedings.

7. Propose competent authorities to apply measures to prevent crime and law violations.

8. Perform other duties and powers in supervising criminal investigations according to the Criminal Procedure Code.

Section 3

IMPLEMENTATION OF PROSECUTION AND SUPERVISION

CRIMINAL JUSTICE ACTIVITIES IN THE CHARGING STAGE

Article 16. Duties and powers of the People's Procuracy when implementing prosecution in the charging stage

1. Decide on the application, change, or revocation of arrest, temporary detention, pre-trial detention, and other measures restricting human rights and citizens' rights as prescribed by law; request the Investigation Agency to issue warrants for the arrest of suspects.

2. Request organizations, entities, and individuals to provide materials related to the case if necessary.

3. Directly conduct certain investigative activities to check and supplement evidence to decide on charging or when the Court requests additional investigation but it is deemed unnecessary to return the file to the Investigation Agency.

4. Decide on initiating, changing, or supplementing decisions on initiating criminal cases and charging suspects when discovering additional criminal acts or offenders not yet charged or investigated, and returning the file to the Investigation Agency for supplementary investigation.

5. Decide on splitting, merging cases, transferring cases for charging according to authority, applying simplified procedures, and applying compulsory medical treatment measures.

6. Decide on extending, not extending the charging period, and the period of preventive measures.

7. Decide on charging or not charging suspects.

8. Decide on suspending, temporarily suspending cases or suspects; deciding on resuming cases or suspects.

9. Perform other duties and powers to decide on charging according to the Criminal Procedure Code.

Article 17. Duties and powers of the People's Procuracy when supervising judicial activities in the charging stage

1. Supervise criminal proceedings of participants in criminal proceedings; request and propose competent authorities to handle strictly those participants who violate the law.

2. Propose competent authorities to apply measures to prevent crime and law violations.

3. Perform other duties and powers in supervising judicial activities according to the Criminal Procedure Code.

Section 4

IMPLEMENTATION OF PUBLIC PROSECUTION RIGHTS

AND SUPERVISING CRIMINAL CASE TRIALS

Article 18. Duties and powers of the People's Procuracy when exercising public prosecution rights during the trial stage of criminal cases

1. Announce the indictment or decision to prosecute according to the simplified procedure, or other decisions regarding the accusation against the defendant at the court session.

2. Question, present the prosecution's arguments, debate, and express views on the resolution of the case at the court session.

3. Protest court judgments and decisions in cases where wrongful convictions, errors, or the escape of crimes or criminals are discovered.

4. Perform other duties and powers related to the accusation as prescribed by the Criminal Procedure Code.

Article 19. Duties and powers of the People's Procuracy when supervising the trial of criminal cases

1. Supervise compliance with the law in the trial of criminal cases by the Court.

2. Supervise court judgments and decisions.

3. Supervise criminal proceedings activities of participants in the proceedings; request and propose that competent authorities handle strictly those participants who violate the law.

4. Request the same-level or lower-level Court to transfer the criminal case file for consideration and decision on protest.

5. Protest court judgments and decisions that seriously violate procedural regulations.

6. Exercise the right to request and propose, and perform other duties and powers in supervising the trial of criminal cases as prescribed by the Criminal Procedure Code.

Section 5

INVESTIGATION WORK OF THE INVESTIGATION AGENCY

PEOPLE'S PROCURACIES

Article 20. Investigation Authority of the Investigation Agency of the Supreme People's Procuracy and the Investigation Agency of the Central Military Procuracy

The Investigation Agency of the Supreme People's Procuracy and the Investigation Agency of the Central Military Procuracy investigate crimes infringing upon judicial activities, corruption and official misconduct crimes occurring within judicial activities, as prescribed by law, where the perpetrators are officials or employees of the Investigation Agency, Courts, People's Procuracies, enforcement agencies, or persons authorized to conduct judicial activities.

Article 21. Exercising Public Prosecution Rights and Supervising Compliance with the Law by the Investigation Agency of the Supreme People's Procuracy and the Investigation Agency of the Central Military Procuracy

The Supreme People's Procuracy and the Central Military Procuracy exercise public prosecution rights and supervise compliance with the law in receiving and handling reports of criminal offenses and proposals for criminal investigations; the initiation and investigation by the Investigation Agency of the Supreme People's Procuracy and the Investigation Agency of the Central Military Procuracy as stipulated in Articles 12, 13, 14, and 15 of this Law and the provisions of the Criminal Procedure Code.

Chapter 6

SUPERVISION OF TEMPORARY DETENTION, PRETRIAL DETENTION, AND ENFORCEMENT OF CRIMINAL SENTENCES

Article 22. Duties and Powers of the People's Procuracy when Supervising Temporary Detention and Pretrial Detention

1. The People's Procuracy supervises compliance with the law by agencies and persons authorized in temporary detention and pretrial detention.

2. When supervising temporary detention and pretrial detention, the People's Procuracy has the following duties and powers:

a) Directly supervise at temporary detention centers and pretrial detention camps; question persons under temporary detention and pretrial detention about their detention conditions;

b) Supervise temporary detention and pretrial detention files;

d) Decide to immediately release persons under temporary detention and pretrial detention without lawful grounds;

đ) Protest, propose, and require agencies and persons authorized in temporary detention and pretrial detention to cease execution, amend, or revoke decisions violating the law in temporary detention and pretrial detention, stop illegal acts, and demand punishment for law violators;

e) Initiate criminal cases or request the Investigation Agency to initiate criminal cases when discovering signs of criminal offenses in temporary detention and pretrial detention as prescribed by law;

g) Resolve complaints and denunciations and perform other duties and powers in supervising temporary detention and pretrial detention as prescribed by law.

Article 23. Handling complaints and denunciations in temporary detention and pretrial detention activities

1. The People's Procuracy shall be responsible for handling complaints and denunciations in temporary detention and pretrial detention activities.

2. Authorities and persons with the power to carry out temporary detention and pretrial detention must transfer complaints and denunciations from individuals subject to temporary detention and pretrial detention to the People's Procuracy within twenty-four hours from the time they receive such complaints and denunciations.

The President of the higher-level People's Procuracy has the authority to handle complaints about the handling of complaints by the President of the lower-level People's Procuracy; the decision on handling complaints by the President of the higher-level People's Procuracy is a decision with legal effect.

4. The President of the People's Procuracy has the authority to handle denunciations against acts violating the law in temporary detention and pretrial detention activities of persons with the power under their supervisory responsibility.

In cases where the legal deadline has expired but the denunciation has not been resolved, the President of the higher-level People's Procuracy has the authority to handle the denunciation; the conclusion on the content of the denunciation by the President of the higher-level People's Procuracy is the final conclusion.

Article 24. Responsibility for Implementing Requests, Suggestions, Objections, and Decisions of the People's Procuracy in Temporary Detention and Pretrial Detention Activities

a) Requests to provide files and materials related to temporary detention and pretrial detention must be carried out immediately; requests to report on the situation of temporary detention and pretrial detention, requests to respond to decisions, measures, or actions violating the law in temporary detention and pretrial detention must be carried out within fifteen days; requests for self-inspection of temporary detention and pretrial detention and reporting the results to the People's Procuracy must be carried out within thirty days from the date of receipt of the request;

b) Decisions prescribed in point d, Clause 2, Article 22 of this Law must be implemented immediately; if there is disagreement with the decision, it still must be implemented, but there is the right to appeal to the higher-level People's Procuracy with the authority. Within ten days from the date of receipt of the appeal, the President of the higher-level People's Procuracy must resolve;

c) Objections prescribed in point e, Clause 2, Article 22 of this Law must be resolved within fifteen days from the date of receipt of the objection; if there is disagreement with the objection, there is the right to appeal to the higher-level People's Procuracy with the authority; 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 is a decision with legal effect.

2. For suggestions prescribed in point e, Clause 2, Article 22 of this Law, authorities, organizations, and individuals with the power must consider, resolve, and respond according to the provisions of the law on temporary detention and pretrial detention.

Article 25. Tasks and Authorities of the People's Procuracy when Supervising the Execution of Criminal Sentences

1. The People's Procuracy supervises the compliance with laws by the Court, criminal enforcement agencies, agencies and organizations entrusted with certain tasks related to the execution of criminal sentences, competent authorities, agencies, organizations, and individuals involved in the execution of criminal sentences.

2. When supervising the execution of criminal sentences, the People's Procuracy has the following tasks and authorities:

a) Requesting the Court to issue decisions on the execution of criminal sentences; requesting the Court, criminal enforcement agencies, and agencies and organizations entrusted with certain tasks related to the execution of criminal sentences to self-inspect the execution of criminal sentences and report the results to the People's Procuracy; providing relevant files and documents related to the execution of criminal sentences;

c) Deciding to immediately release a person serving a custodial sentence without lawful grounds;

d) Proposing exemption, suspension, temporary cessation, cessation of execution of the sentence; participating in the examination for reduction, exemption of the term of execution of the sentence, implementation of judicial measures, shortening the probation period;

đ) Objecting to acts and decisions that violate the law by agencies and competent authorities in the execution of criminal sentences;

e) Recommending and requiring agencies, organizations, and individuals to stop and rectify violations of the law in the execution of criminal sentences; strictly handling violators;

g) Initiating prosecution or requesting the Investigation Agency to initiate criminal cases when discovering signs of criminal offenses during the execution of criminal sentences according to the provisions of the law;

h) Performing other tasks and authorities in supervising the execution of criminal sentences as prescribed by the law on the execution of criminal sentences.

Article 26. Responsibility for Implementing Requests, Recommendations, Objections, and Decisions of the People's Procuracy in the Execution of Criminal Sentences

1. For requests to issue decisions on the execution of criminal sentences in accordance with the law, and requests to provide relevant files and documents related to the execution of criminal sentences, the agencies, organizations, and individuals requested must immediately implement them.

2. For requests to self-inspect the execution of criminal sentences and report the results to the People's Procuracy, the Court, criminal enforcement agencies, and agencies and organizations entrusted with certain tasks related to the execution of criminal sentences must implement within thirty days from the date of receipt of the request.

3. For recommendations, objections, decisions, and other requests of the People's Procuracy in the execution of criminal sentences, competent agencies, organizations, and individuals must consider, resolve, respond, or implement according to the provisions of the Law on the Execution of Criminal Sentences.

Section 7

SUPERVISION OF THE SETTLEMENT OF ADMINISTRATIVE CASES, CIVIL MATTERS,

MATTERS OF MARRIAGE AND FAMILY, BUSINESS, COMMERCE, LABOR

AND OTHER MATTERS AS PROVIDED BY LAW;

SUPERVISION OF THE EXECUTION OF CIVIL JUDGMENTS, THE EXECUTION OF ADMINISTRATIVE DECISIONS

Article 27. Tasks and Authorities of the People's Procuracy when Supervising the Settlement of Administrative Cases, Civil Matters, Marriage and Family Matters, Business, Commerce, Labor, and Other Matters as Provided by Law

1. Supervising the return of complaints and requests.

2. Supervising the acceptance and resolution of cases and matters.

3. Collecting evidence and materials as prescribed by law.

4. Participating in court sessions and meetings, expressing the views of the People's Procuracy on the settlement of cases and matters according to the law.

5. Supervising judgments and decisions of the Court.

6. Supervising the procedural activities of participants in proceedings; requesting and recommending competent agencies and organizations to handle strictly those who violate the law among participants in proceedings.

7. Objecting to and recommending judgments and decisions of the Court that violate the law; recommending and requesting the Court, agencies, organizations, and individuals to perform procedural activities.

8. Performing other tasks and authorities in supervising the settlement of administrative cases, civil matters, marriage and family matters, business, commerce, labor, and other matters as provided by law.

1. Supervise the issuance, transfer, interpretation, and correction of court judgments and decisions.

2. Directly supervise the enforcement activities of the same-level and lower-level civil enforcement agencies, enforcement officers, relevant agencies, organizations, and individuals.

3. Supervise enforcement case files.

4. Participate in meetings and express the views of the People's Procuracy on matters concerning the exemption or reduction of enforcement obligations related to state budget revenues.

5. Supervise the activities of relevant agencies, organizations, and individuals in the enforcement process.

6. Request the Court, same-level and lower-level civil enforcement agencies, enforcement officers, and relevant agencies and individuals to perform the following tasks:

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

b) Enforce judgments and decisions in accordance with the law;

c) Conduct self-inspection of enforcement activities and report the results to the People's Procuracy;

d) Provide case files, documents, and evidence related to enforcement proceedings. Requests under points a, b, and d of this clause must be carried out immediately; the request under point c of this clause must be completed within thirty days from the date of receipt of the request.

7. Recommend that the Court, same-level and lower-level civil enforcement agencies, enforcement officers, agencies, organizations, and individuals fully fulfill their responsibilities in the enforcement process.

8. Protest court decisions, actions, and decisions of heads and enforcement officers of same-level and lower-level civil enforcement agencies according to the law; request suspension of enforcement, amendment, or revocation of decisions violating the law during enforcement, cessation of illegal actions.

9. Perform other tasks and authorities in supervising civil enforcement and administrative enforcement as prescribed by law.

Section 8

SETTLEMENT OF COMPLAINTS AND REPORTS AND SUPERVISION OF THEIR HANDLING

IN LEGAL ACTIVITIES

Article 29. Settlement of complaints and reports in legal activities within the jurisdiction of the People's Procuracy

1. The People's Procuracy has the authority to settle the following complaints:

a) Complaints about the actions and procedural decisions of authorized persons of the People's Procuracy in exercising public prosecution rights and supervising judicial activities;

b) Complaints about the actions and procedural decisions of the head of the Investigation Agency; the resolution of complaints by the head of the Investigation Agency regarding the decisions and procedural actions of investigators and deputy heads of the Investigation Agency;

c) Complaints about the actions and procedural decisions of authorized persons of agencies assigned to carry out certain investigative activities;

d) Complaints in temporary detention and pre-trial detention activities;

đ) Complaints about the management and education actions of persons responsible for managing and educating prisoners;

e) Other complaints as prescribed by law.

2. The People's Procuracy has the authority to settle the following reports:

a) Reports about violations of the law by authorized persons of the People's Procuracy in exercising public prosecution rights and supervising judicial activities;

b) Reports about violations of the law in the activities of persons authorized to carry out certain investigative activities;

c) Reports about violations of the law by authorized persons in arrest, temporary detention, and pre-trial detention;

d) Reports about violations of the law by persons responsible for managing and educating prisoners;

đ) Other reports as prescribed by law.

3. When settling complaints and reports, the People's Procuracy has the following tasks and authorities:

a) Receive, classify, accept, inspect, and verify complaints and reports;

b) Require agencies, organizations, and individuals to provide explanations and supply relevant case files and documents;

c) Apply necessary measures to prevent potential damage;

d) Issue decisions to resolve complaints and conclude the content of reports;

đ) Notify the decision to resolve complaints and the conclusion of the content of reports to the complainants and reporters.

Article 30. Tasks and Authorities of the People's Procuracy when Supervising the Handling of Complaints and Petitions in Judicial Activities

1. Directly supervise the handling of complaints and petitions in judicial activities at competent agencies as prescribed by law.

2. Require competent agencies to issue decisions on handling complaints and conclusions on petition contents; inspect the handling of complaints and petitions regarding judicial activities at their own level and subordinate levels, report the results to the People's Procuracy; provide relevant files and documents to the People's Procuracy.

3. Issue supervisory conclusions, exercise the right to propose recommendations and objections as prescribed by law.

Article 31. Responsibility for Reporting Work on Handling Complaints and Petitions Regarding Judicial Activities of the Supreme People's Procuracy

1. The President of the Supreme People's Procuracy has the responsibility to report to the National Assembly on work related to handling complaints and petitions in judicial activities.

2. Every six months and annually, the Supreme People's Court, the Ministry of Public Security, the Ministry of Defense, and the Ministry of Justice shall notify the Supreme People's Procuracy in writing about their work on handling complaints and petitions in judicial activities.

The Supreme People's Procuracy shall take the lead and coordinate with the Supreme People's Court, the Ministry of Public Security, the Ministry of Defense, and the Ministry of Justice to guide the implementation of this provision.

Section 9

IMPLEMENTATION OF PUBLIC PROSECUTION RIGHTS

AND SUPERVISING MUTUAL LEGAL ASSISTANCE

Article 32. Tasks and Authorities of the People's Procuracy when Exercising Public Prosecution Functions in Mutual Legal Assistance in Criminal Matters

1. Decide on transferring requests for mutual legal assistance in criminal matters from foreign countries to the competent investigative agencies of Vietnam for prosecution and investigation.

2. Request competent authorities of foreign countries to summon witnesses and experts; collect and provide evidence and documents; pursue criminal liability against offenders.

3. Perform tasks and exercise powers as stipulated in Articles 14, 16, and 18 of this Law when Vietnamese competent authorities investigate, prosecute, and adjudicate criminal cases upon request from foreign countries.

4. Perform other tasks and exercise other powers when exercising public prosecution functions in mutual legal assistance in criminal matters according to the provisions of the Criminal Procedure Code and the Law on Mutual Legal Assistance.

Article 33. Tasks and Authorities of the People's Procuracy when Supervising Mutual Legal Assistance Activities

1. Supervise compliance with laws by agencies, persons conducting and participating in mutual legal assistance activities in criminal, civil, extradition, and transfer of persons serving custodial sentences.

2. Participate in court sessions on extradition and transfer of persons serving custodial sentences and express the viewpoint of the People's Procuracy.

3. Object to court decisions that violate the law regarding extradition and transfer of persons serving custodial sentences.

4. Exercise the right to request, propose recommendations, and perform other tasks and exercise other powers in supervising mutual legal assistance activities as prescribed by law.

Section 10

STATISTICS ON CRIMES AND OTHER WORK

Article 34. Crime Statistics Work

1. The People's Procuracy has the responsibility to lead crime statistics work and coordinate with relevant agencies in criminal statistics.

2. Within their functional and task scope, judicial proceedings agencies and related agencies have the responsibility to coordinate with the People's Procuracy in crime statistics work.

Article 35. Scientific Research Work

Within their functions and tasks, the People's Procuracy shall be responsible for researching criminology and procuratorial science to contribute to performing their functions and tasks and combating crime and violations of law.

The Supreme People's Procuracy has the right to propose and submit draft laws and ordinances; to take the lead and coordinate with relevant agencies and organizations in legislative work; to issue legal documents within its authority as prescribed by the law on issuing legal documents.

Article 37. Training and Capacity Building

2. Training and capacity-building institutions of the People's Procuracy may organize various types of training and capacity building as prescribed by law.

Article 38. International Cooperation

The People's Procuracy engages in international cooperation in training, capacity building, scientific research, negotiation, signing, joining judicial assistance agreements, and other international agreements as prescribed by law.

Article 39. Legal Education and Publicity Work

Through the performance of its public prosecution function and supervision of judicial activities, the People's Procuracy shall be responsible for disseminating and educating the law to contribute to preventing and combating crime and violations of law.

Chapter III

ORGANIZATION OF THE PEOPLE'S PROCURACIES

1. The Supreme People's Procuracy.

2. The High People's Procuracy.

3. The Provincial People's Procuracy and the People's Procuracy of cities directly under the central government (hereinafter referred to as the Provincial People's Procuracy).

4. The People's Procuracy of districts, urban districts, towns, provincial cities, and equivalent areas (hereinafter referred to as the District People's Procuracy).

5. Military People's Procuracy at all levels.

1. The Supreme People's Procuracy exercises the public prosecution function and supervises judicial activities to contribute to ensuring that the law is strictly and uniformly enforced.

2. The High People's Procuracy exercises the public prosecution function and supervises judicial activities concerning cases and matters within the jurisdiction of the High People's Court.

3. The Provincial People's Procuracy and the District People's Procuracy exercise the public prosecution function and supervise judicial activities within their respective localities.

Article 42. Organizational Structure of the Supreme People's Procuracy

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

a) The Inspection Committee;

b) Office;

c) The Investigation Agency;

đ) Training and capacity-building institutions, press agencies, and other public service units;

e) The Central Military People's Procuracy.

Article 43. The Inspection Committee of the Supreme People's Procuracy

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

a) The President of the Supreme People's Procuracy;

b) Deputy Procurator Generals of the Supreme People's Procuracy;

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

a) Programs and plans of work of the Procuracy sector;

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

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

d) Reports of the Procurator General of the Supreme People's Procuracy submitted to the Standing Committee of the National Assembly regarding opinions of the Procurator General not in agreement with resolutions of the Supreme People's Court Council; recommendations of the Supreme People's Procuracy on anti-crime efforts sent;

đ) Recruitment of personnel working at the Supreme People's Procuracy who meet the conditions to participate in examinations for senior procurator, middle-level procurator, and junior procurator positions;

e) Proposing the Selection Council of the Supreme People's Procuracy to select, consider the dismissal of procurators of the Supreme People's Procuracy. Considering and proposing the Procurator General of the Supreme People's Procuracy to reappoint, dismiss, or remove from office senior procurators, middle-level procurators, and junior procurators working at the Supreme People's Procuracy.

3. The Inspection Committee issues resolutions when exercising its powers under Clause 2 of this Article. Resolutions of the Inspection Committee must be approved by more than half of the total number of members voting in favor; in case of equal votes, the decision follows the opinion of the Procurator General.

4. Upon the proposal of the Procurator General of the Supreme People's Procuracy, the Inspection Committee discusses and provides opinions on complex criminal cases, administrative cases, civil cases, family cases, business and trade cases, labor cases for the Procurator General to consider and decide.

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

a) The Inspection Committee;

b) Office;

c) Institutes and equivalents.

2. The People's Supreme Procuracy at the provincial level has the Chief Prosecutor of the People's Supreme Procuracy at the provincial level, Deputy Chief Prosecutors of the People's Supreme Procuracy at the provincial level, Prosecutors, Inspectors, other civil servants, and other employees.

1. The Supervisory Committee of the People's Supreme Procuracy at the provincial level consists of:

a) The Chief Prosecutor of the People's Supreme Procuracy at the provincial level;

b) Deputy Chief Prosecutors of the People's Supreme Procuracy at the provincial level;

c) Some Prosecutors.

2. The number of members of the Supervisory Committee and the Prosecutors specified in point c, Clause 1 of this Article shall be decided by the Chief Prosecutor of the People's Supreme Procuracy at the highest level upon the proposal of the Chief Prosecutor of the People's Supreme Procuracy at the provincial level.

3. The Supervisory Committee of the People's Supreme Procuracy at the provincial level convenes under the chairmanship of the Chief Prosecutor to discuss and decide on the following important issues:

a) Implementation of work programs, plans, directives, circulars, and decisions of the People's Supreme Procuracy at the highest level;

b) Reports summarizing the work of the People's Supreme Procuracy at the provincial level;

c) Recruitment of personnel currently working at the People's Supreme Procuracy at the provincial level who meet the conditions for taking the examination to become Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors;

d) Reviewing and proposing to the Chief Prosecutor of the People's Supreme Procuracy at the highest level to reappoint, remove from office, or dismiss Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors currently working at the People's Supreme Procuracy at the provincial level.

4. The Supervisory Committee issues resolutions when exercising authority under Clause 3 of this Article. Resolutions of the Supervisory Committee must be approved by more than half of the total number of members voting; in case of equal votes, it follows the opinion of the Chief Prosecutor. If the Chief Prosecutor disagrees with the majority opinion of the Supervisory Committee, it follows the decision of the majority, but has the right to report to the Chief Prosecutor of the People's Supreme Procuracy at the highest level.

5. Upon the proposal of the Chief Prosecutor of the People's Supreme Procuracy at the provincial level, the Supervisory Committee discusses and gives opinions on complex criminal cases, administrative cases, civil cases, family cases, business and trade cases, labor cases for the Chief Prosecutor to consider and decide.

Article 46. Organizational Structure of the People's Supreme Procuracy at the Provincial Level

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

a) The Inspection Committee;

b) Office;

c) Departments and equivalents.

2. The People's Supreme Procuracy at the provincial level has the Chief Prosecutor, Deputy Chief Prosecutors, Prosecutors, Inspectors, other civil servants, and other employees.

Article 47. Supervisory Committee of the People's Supreme Procuracy at the Provincial Level

1. The Supervisory Committee of the People's Supreme Procuracy at the provincial level consists of:

a) Director;

b) Deputy Directors;

c) Some Prosecutors.

2. The number of members of the Supervisory Committee and the Prosecutors specified in point c, Clause 1 of this Article shall be decided by the Chief Prosecutor of the People's Supreme Procuracy at the highest level upon the proposal of the Chief Prosecutor of the People's Supreme Procuracy at the provincial level.

a) Implementation of work programs, plans, directives, circulars, and decisions of the People's Supreme Procuracy at the highest level; implementation of work programs, plans of the People's Supreme Procuracy at the provincial level;

b) Reports summarizing the work to the superior People's Supreme Procuracy, reports on work before the People's Council at the same level;

c) Recruitment of personnel currently working at the People's Supreme Procuracy at the provincial level and district level who meet the conditions for taking the examination to become Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors;

d) Reviewing and proposing to the Chief Prosecutor of the People's Supreme Procuracy at the highest level to reappoint, remove from office, or dismiss Senior Prosecutors, Intermediate Prosecutors, and Junior Prosecutors currently working at the People's Supreme Procuracy at the provincial level and district level.

4. The Supervisory Committee issues resolutions when exercising authority under Clause 3 of this Article. Resolutions of the Supervisory Committee must be approved by more than half of the total number of members voting; in case of equal votes, it follows the opinion of the Chief Prosecutor. If the Chief Prosecutor disagrees with the majority opinion of the Supervisory Committee, it follows the decision of the majority, but has the right to report to the Chief Prosecutor of the People's Supreme Procuracy at the highest level.

5. Upon the proposal of the Chief Prosecutor of the People's Supreme Procuracy at the provincial level, the Supervisory Committee discusses and gives opinions on complex criminal cases, administrative cases, civil cases, family cases, business and trade cases, labor cases for the Chief Prosecutor to consider and decide.

1. The organizational structure of the People's Procuracy at the district level includes an office and departments; where conditions for establishing departments are not yet met, there shall be work units and auxiliary staff.

2. The People's Procuracy at the district level has a Procurator, Deputy Procurators, Prosecutors, Inspectors, other civil servants, and other workers.

The establishment and dissolution of the Supreme People's Procuracy, the People's Procuracy at the provincial level, and the People's Procuracy at the district level are decided by the Standing Committee of the National Assembly upon the proposal of the Procurator of the Supreme People's Procuracy.

Article 50. Duties and Powers of the Military Procuracy

1. Military procuracies under the system of the People's Procuracy are organized within the Vietnam People's Army to exercise the prosecution function and supervise judicial activities in the military.

2. Within its scope of functions, the Military Procuracy has the duties prescribed in Clause 2 of Article 2 of this Law; protect national security, defense, discipline, and combat strength of the military; protect the rights and legitimate interests of military personnel, civil servants, officials, and other workers in the military; ensure that all criminal acts and violations of law are dealt with strictly.

3. The Military Procuracy performs the tasks and powers prescribed in Sections 1, 2, 3, 4, 5, 6, 8, 9, and 10 of Chapter II of this Law and supervises the enforcement of civil judgments as prescribed in Article 28 of this Law.

Article 51. System of Military Procuracies

1. Central Military Procuracy.

2. Military Procuracy of Military Region and equivalent.

3. Military Procuracy of Military Zone.

Article 52. Organizational Structure of the Central Military Procuracy

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

2. The organizational structure of the Central Military Procuracy includes:

a) The Inspection Committee;

b) Office;

c) The Investigation Agency;

d) Departments and equivalents.

Article 53. Supervisory Board of the Central Military Procuracy

1. The Supervisory Board of the Central Military Procuracy consists of:

a) Director;

b) Deputy Directors;

c) Some Prosecutors.

2. The number of members of the Supervisory Board and Prosecutors prescribed in Point c Clause 1 of this Article is decided by the Procurator of the Supreme People's Procuracy based on the proposal of the Procurator of the Central Military Procuracy.

3. The Supervisory Board of the Central Military Procuracy convenes chaired by the Procurator to discuss and decide on the following matters:

a) Work program and plan of the Military Procuracy;

b) Report of the Procurator of the Central Military Procuracy to the Procurator of the Supreme People's Procuracy and the Minister of Defense on the work of the Military Procuracy;

c) Recommendations of the Central Military Procuracy to the Minister of Defense regarding the struggle against crime in the military;

4. The Supervisory Committee issues resolutions when exercising authority under Clause 3 of this Article. Resolutions of the Supervisory Committee must be approved by more than half of the total number of members voting; in case of equal votes, it follows the opinion of the Chief Prosecutor. If the Chief Prosecutor disagrees with the majority opinion of the Supervisory Committee, it follows the decision of the majority, but has the right to report to the Chief Prosecutor of the People's Supreme Procuracy at the highest level.

5. Upon the proposal of the Procurator of the Central Military Procuracy, the Supervisory Board discusses and provides opinions on complex criminal cases for the Procurator to consider and decide.

Article 54. Organizational Structure of Military Procuracy of Military Region and Equivalent

1. The organizational structure of Military Procuracy of Military Region and Equivalent includes:

a) The Inspection Committee;

b) Departments and auxiliary machinery.

2. Military Procuracy of Military Region and Equivalent shall have a Procurator, Deputy Procurators, Prosecutors, Inspectors, other military personnel, civil servants, officials, and other workers.

Article 55. Supervisory Committee of Military Procuracy of Military Region and Equivalent

1. The Supervisory Committee of Military Procuracy of Military Region and Equivalent includes:

a) Director;

b) Deputy Directors;

c) Some Prosecutors.

2. The number of members of the Supervisory Committee and Prosecutors as stipulated in point c, Clause 1 of this Article shall be decided by the Procurator of Central Military Procuracy upon the proposal of the Procurator of Military Procuracy of Military Region and Equivalent.

3. The Supervisory Committee of Military Procuracy of Military Region and Equivalent shall convene meetings chaired by the Procurator to discuss and decide on the following matters:

a) Implementation of the program and work plan of the Central Military Procuracy;

b) Submitting comprehensive reports on work to the Procurator of Central Military Procuracy and the Commander of Military Region and Equivalent;

4. The Supervisory Committee shall issue resolutions when exercising authority under Clause 3 of this Article. Resolutions of the Supervisory Committee must be approved by more than half of the total number of members voting; in case of a tie vote, the side with the opinion of the Procurator shall prevail. If the Procurator disagrees with the majority opinion of the Supervisory Committee, the decision of the majority shall be implemented, but the Procurator has the right to report to the Procurator of Central Military Procuracy.

5. Upon the proposal of the Procurator of Military Procuracy of Military Region and Equivalent, the Supervisory Committee shall discuss and provide opinions on complex criminal cases for the Procurator to consider and decide.

Article 56. Organizational Structure of Military Procuracy of Region

1. The organizational structure of Military Procuracy of Region includes work units and auxiliary machinery.

2. Military Procuracy of Region shall have a Procurator, Deputy Procurators, Prosecutors, Inspectors, other military personnel, civil servants, officials, and other workers.

Article 57. Establishment and Dissolution of Military Procuracy

The establishment and dissolution of Military Procuracy of Military Region and Equivalent and Military Procuracy of Region shall be unified by the Procurator of Supreme People's Procuracy in coordination with the Minister of Defense to submit to the Standing Committee of National Assembly for decision.

Chapter IV

STAFF, CIVIL SERVANTS, OFFICIALS

AND OTHER WORKERS OF PEOPLE'S PROCURACIES

Section 1

GENERAL PROVISIONS

Article 58. Staff, Civil Servants, Officials and Other Workers of People's Procuracies

1. Judicial positions in People's Procuracies include:

a) Procurator, Deputy Procurators of People's Procuracies at all levels and Military Procuracies;

b) Prosecutors;

c) Heads, Deputy Heads of Investigation Agencies;

d) Investigators;

2. Other civil servants, officials, and other workers.

Article 59. Responsibilities of officers, civil servants, officials, and other employees of the People's Public Prosecutor Office

1. Perform duties and powers and bear legal responsibility for the performance of such duties and powers.

2. Compensate for damage caused when performing duties and powers in accordance with the provisions of the law.

3. Maintain state secrets and work secrets.

4. Respect and accept supervision by the people.

5. Strictly comply with the Constitution, laws, regulations of the People's Public Prosecutor Office; participate in disseminating and educating about laws.

6. Continuously study, research, and improve professional and vocational qualifications.

Article 60. Transfer, rotation, and assignment of civil servants and officials of the People's Public Prosecutor Office

1. The President of the Supreme People's Public Prosecutor Office decides:

b) Assign civil servants and officials of the People's Public Prosecutor Office to work at state agencies or other units according to the requirements of tasks.

3. The Minister of National Defense decides:

a) Transfer and rotate Prosecutors, Inspectors, other military personnel, civil servants, and officials among Military Public Prosecutor Offices not in the same military region and equivalent ones after reaching agreement with the President of the Supreme People's Public Prosecutor Office;

4. The Commander of the Military Region and equivalent decides on the transfer and rotation of Prosecutors, Inspectors, other military personnel, civil servants, and officials among Military Public Prosecutor Offices under the Military Region and equivalent after reaching agreement with the President of the Central Military Public Prosecutor Office.

Article 61. Management of civil servants, officials, and other employees of the People's Public Prosecutor Office

1. The President of the Supreme People's Public Prosecutor Office uniformly manages civil servants, officials, and other employees of all levels of the People's Public Prosecutor Office in accordance with the provisions of the law, ensuring the construction of a clean and strong People's Public Prosecutor Office.

2. The Presidents of other People's Public Prosecutor Offices within their scope of duties and powers, are responsible for managing civil servants and other employees of the People's Public Prosecutor Office in accordance with this Law and the division of responsibilities assigned by the President of the Supreme People's Public Prosecutor Office.

Section 2

PRESIDENT, DEPUTY PRESIDENT

PEOPLE'S PUBLIC PROSECUTOR OFFICES AT ALL LEVELS

Article 62. President of the Supreme People's Public Prosecutor Office

1. The President of the Supreme People's Public Prosecutor Office is elected, relieved, or removed from office by the National Assembly upon the proposal of the State President.

2. The term of office of the President of the Supreme People's Public Prosecutor Office is the same as that of the National Assembly. When the National Assembly concludes its term, the President of the Supreme People's Public Prosecutor Office continues to perform his duties until the new National Assembly elects a new President of the Supreme People's Public Prosecutor Office.

Article 63. Duties and Authorities of the President of the Supreme People's Procuracy

1. Lead, direct, guide, inspect, and supervise the implementation of tasks, work plans, and the construction of the People's Procuracy; decide on issues concerning the work of the Supreme People's Procuracy.

2. Issue circulars, decisions, directives, regulations, rules, and working systems applicable to the People's Procuracy.

3. Determine the organizational structure of the Supreme People's Procuracy and submit it for approval by the Standing Committee of the National Assembly; decide on the organizational structure of subordinate People's Procuracies; determine the organizational structure of military procuracies after reaching consensus with the Minister of National Defense, and submit it for approval by the Standing Committee of the National Assembly.

4. Submit to the State President for the appointment, removal, or dismissal of Deputy Presidents of the Supreme People's Procuracy and Senior Prosecutors of the Supreme People's Procuracy.

6. Appoint, remove, or dismiss leadership and management positions within their authority.

8. Submit to the State President their opinion on cases where individuals sentenced to death request commutation of their sentences.

9. Direct and organize the implementation of summarizing experiences in exercising public prosecution rights and supervising judicial activities of the People's Procuracy.

10. Attend meetings of the Supreme People's Court Council discussing the uniform application of laws.

11. Advise the Government and relevant ministries and sectors on anti-crime and anti-law violation efforts.

12. Be responsible and report on their work to the National Assembly; during periods when the National Assembly is not in session, be responsible and report on their work to the Standing Committee of the National Assembly and the State President; respond to questions, proposals, and requests from National Assembly deputies.

13. Perform other duties and authorities as prescribed by law.

Article 64. Deputy President of the Supreme People's Procuracy

1. The Deputy President of the Supreme People's Procuracy shall be appointed, removed, or dismissed by the State President upon the recommendation of the President of the Supreme People's Procuracy.

2. The Deputy President of the Supreme People's Procuracy shall perform duties and authorities assigned or delegated by the President of the Supreme People's Procuracy and other duties and authorities as prescribed by law; be accountable to the President and the law for the performance of their duties and authorities.

3. The term of office of the Deputy President of the Supreme People's Procuracy is five years, starting from the date of appointment.

1. The President of the High People's Procuracy shall be appointed, removed, or dismissed by the President of the Supreme People's Procuracy.

2. The President of the High People's Procuracy shall have the following duties and authorities:

a) Direct, manage, and inspect the implementation of tasks and work plans of the High People's Procuracy; decide on issues concerning the work of the High People's Procuracy; be responsible and report on their work to the President of the Supreme People's Procuracy;

b) Direct, guide, and inspect the professional activities of the provincial and district-level People's Procuracies in exercising public prosecution rights and supervising trial proceedings;

c) Perform other duties and authorities as prescribed by law.

3. The term of office of the President of the High People's Procuracy is five years, starting from the date of appointment.

Article 66. The Procurator of the Provincial People's Procuracy

1. The Procurator of the Provincial People's Procuracy shall be appointed, relieved of duty, or dismissed by the Procurator of the Supreme People's Procuracy.

2. The Procurator of the Provincial People's Procuracy shall have the following tasks and powers:

d) Performing other tasks and powers as prescribed by law.

3. The term of office of the Procurator of the Provincial People's Procuracy is five years, starting from the date of appointment.

1. The Procurator of the County People's Procuracy shall be appointed, relieved of duty, or dismissed by the Procurator of the Supreme People's Procuracy.

2. The Procurator of the County People's Procuracy shall have the following tasks and powers:

a) Directing, managing, inspecting the implementation of tasks and work plans, deciding issues related to the work of the County People's Procuracy, and performing other tasks and powers as prescribed by law; being responsible for and reporting on the work to the Procurator of the Provincial People's Procuracy; reporting on the prosecution and supervision of trials to the Procurator of the Higher People's Procuracy when required;

b) Reporting on the work to the People's Council and answering questions, proposals, and requests of the representatives of the People's Council as prescribed by law.

3. The term of office of the Procurator of the County People's Procuracy is five years, starting from the date of appointment.

1. Deputy Procurators of the Higher People's Procuracy, Deputy Procurators of the Provincial People's Procuracy, and Deputy Procurators of the County People's Procuracy shall be appointed, relieved of duty, or dismissed by the Procurator of the Supreme People's Procuracy.

2. Deputy Procurators of the Higher People's Procuracy, Deputy Procurators of the Provincial People's Procuracy, and Deputy Procurators of the County People's Procuracy shall perform their tasks and powers as prescribed by law, according to the division of labor or delegation of authority by the Procurator of their respective People's Procuracy; being responsible for the performance of their tasks and powers before the Procurator of their respective People's Procuracy and before the law.

3. The term of office of Deputy Procurators of the Higher People's Procuracy, Deputy Procurators of the Provincial People's Procuracy, and Deputy Procurators of the County People's Procuracy is five years, starting from the date of appointment.

Article 69. The President of the Central Military Procuracy

1. The President of the Central Military Procuracy is the Deputy President of the Supreme People's Procuracy appointed, relieved from duty, or dismissed by the State President upon the proposal of the President of the Supreme People's Procuracy after reaching consensus with the Minister of National Defense.

2. The President of the Central Military Procuracy shall have the following tasks and powers:

a) Leading, directing, guiding, and inspecting the implementation of tasks, plans, and construction of the Military Procuracy; deciding issues related to the work of the Central Military Procuracy;

b) Reporting on the work of the Military Procuracy to the President of the Supreme People's Procuracy and the Minister of National Defense;

d) Appointing, relieving from duty, or dismissing Inspectors of the Military Procuracy ranks;

đ) Performing other tasks and powers as prescribed by law and assigned by the President of the Supreme People's Procuracy and the Minister of National Defense.

3. The term of office of the President of the Central Military Procuracy is five years, starting from the date of appointment.

Article 70. The President of the Military Procuracy of Military Zones and Equivalent Areas

1. The President of the Military Procuracy of Military Zones and Equivalent Areas is appointed, relieved from duty, or dismissed by the President of the Supreme People's Procuracy upon the proposal of the President of the Central Military Procuracy.

2. The President of the Military Procuracy of Military Zones and Equivalent Areas shall have the following tasks and powers:

a) Directing, managing, and inspecting the implementation of tasks, plans, and making decisions on issues related to the work of their own Military Procuracy; being responsible and reporting on the work of their own Military Procuracy and subordinate units before the President of the Central Military Procuracy; answering questions at the annual meeting of military representatives organized by the political organs of Military Zones and Equivalent Areas;

b) Directing, guiding, and inspecting the activities of the Military Procuracy of Regions under their jurisdiction;

c) Perform other duties and authorities as prescribed by law.

3. The term of office of the President of the Military Procuracy of Military Zones and Equivalent Areas is five years, starting from the date of appointment.

Article 71. The President of the Military Procuracy of Regions

1. The President of the Military Procuracy of Regions is appointed, relieved from duty, or dismissed by the President of the Supreme People's Procuracy upon the proposal of the President of the Central Military Procuracy.

2. The President of the Military Procuracy of Regions directs, manages, and inspects the implementation of tasks, plans, and makes decisions on issues related to the work of their own Military Procuracy and performs other tasks and powers as prescribed by law; being responsible and reporting on the work before the President of the Military Procuracy of the higher level.

3. The term of office of the President of the Military Procuracy of Regions is five years, starting from the date of appointment.

Article 72. The Deputy President of the Central Military Procuracy, the Military Procuracy of Military Zones and Equivalent Areas, and the Military Procuracy of Regions

1. The Deputy President of the Central Military Procuracy, the Deputy President of the Military Procuracy of Military Zones and Equivalent Areas, and the Deputy President of the Military Procuracy of Regions are appointed, relieved from duty, or dismissed by the President of the Supreme People's Procuracy upon the proposal of the President of the Central Military Procuracy.

2. The Deputy President of the Central Military Procuracy, the Deputy President of the Military Procuracy of Military Zones and Equivalent Areas, and the Deputy President of the Military Procuracy of Regions perform tasks and powers according to the division of labor or delegation by the President of the Military Procuracy of their own level and other tasks and powers as prescribed by law; being responsible for the performance of tasks and powers before the President of the Military Procuracy of their own level and before the law.

3. The term of office of the Deputy President of the Central Military Procuracy, the Deputy President of the Military Procuracy of Military Zones and Equivalent Areas, and the Deputy President of the Military Procuracy of Regions is five years, starting from the date of appointment.

Article 73. Responsibilities of the Procurator General and Deputy Procurators of People's Procuracy at all levels in exercising public prosecution rights and supervising judicial activities

When exercising public prosecution rights and supervising judicial activities, the Procurator General and Deputy Procurators of People's Procuracy must strictly comply with the Constitution and laws and shall be held accountable under the law for their actions and decisions regarding indictment, arrest, detention, prosecution, trial, appeal, and other actions and decisions within their authority; if they violate the law, they will be subject to disciplinary action, administrative handling, or criminal liability depending on the nature and extent of the violation; if damage is caused, they must provide compensation and restitution according to the provisions of the law.

Section 3

PROSECUTORS AND INSPECTORS

OF THE PEOPLE'S PROCURACIES

Prosecutors are persons appointed in accordance with the law to perform the function of exercising public prosecution rights and supervising judicial activities.

Article 75. Common Standards for Prosecutors

1. They are Vietnamese citizens loyal to the country and the Constitution of the Socialist Republic of Vietnam, having good moral character, integrity, honesty, firm political resolve, and a spirit of resolutely protecting socialist rule of law.

2. They have a bachelor's degree in law or higher.

3. They have been trained in prosecution business.

4. They have practical work experience as prescribed by this Law.

5. They have health conditions ensuring the completion of assigned tasks.

1. The rank of Prosecutor of the People's Procuracy includes:

a) Prosecutor of the Supreme People's Procuracy;

b) Senior Prosecutor;

c) Intermediate Prosecutor;

d) Junior Prosecutor.

2. At the Supreme People's Procuracy, there may be four ranks of Prosecutor; at the Central Military Procuracy, where the Procurator is a Prosecutor of the Supreme People's Procuracy, there may be ranks of Senior, Intermediate, and Junior Prosecutor; other Procuracies may have ranks of Senior, Intermediate, and Junior Prosecutor.

Article 77. Criteria for Appointment of Junior Prosecutor

A person who meets the criteria stipulated in Article 75 of this Law and satisfies the following conditions may be appointed as a Junior Prosecutor of the People's Procuracy; if they are a serving military officer, they may be appointed as a Junior Prosecutor of the Military Procuracy:

1. They have worked in legal affairs for at least 04 years;

2. They have the ability to exercise public prosecution rights and supervise judicial activities;

3. They have passed the examination for the Junior Prosecutor rank.

Article 78. Criteria for Appointment of Intermediate Prosecutor

1. A person who meets the criteria stipulated in Article 75 of this Law and satisfies the following conditions may be appointed as an Intermediate Prosecutor of the People's Procuracy; if they are a serving military officer, they may be appointed as an Intermediate Prosecutor of the Military Procuracy:

a) They have been a Junior Prosecutor for at least 05 years;

b) They have the ability to exercise public prosecution rights and supervise judicial activities;

c) They have the capacity to guide business in exercising public prosecution rights and supervising judicial activities for Junior Prosecutors;

Article 79. Criteria for Appointment to Senior Prosecutor Position

1. A person who meets the criteria stipulated in Article 75 of this Law and satisfies the following conditions may be appointed as a Senior Prosecutor of the People's Public Prosecution Office; if they are an active military officer, they may be appointed as a Senior Prosecutor of the Military Public Prosecution Office:

a) Has been a Mid-level Prosecutor for at least five years;

b) They have the ability to exercise public prosecution rights and supervise judicial activities;

c) Possesses the ability to guide the practice of prosecution rights and supervision of judicial activities for lower-level Prosecutors;

Article 80. Criteria for Appointment to Supreme People's Public Prosecution Office Prosecutor Position

1. A person who meets the criteria stipulated in Article 75 of this Law and satisfies the following conditions may be selected and appointed as a Prosecutor of the Supreme People's Public Prosecution Office:

a) Has been a Senior Prosecutor for at least five years;

b) Possesses the ability to direct and manage the practice of prosecution rights and supervision of judicial activities of the Supreme People's Public Prosecution Office;

c) Possesses the ability to resolve important issues within the jurisdiction of the Supreme People's Public Prosecution Office.

2. In cases where there is a need for personnel in the People's Public Prosecution Office, a person with at least twenty years of legal work experience, meeting the criteria stipulated in Article 75 of this Law, point b and point c of Clause 1 of this Article may be selected and appointed as a Prosecutor of the Supreme People's Public Prosecution Office.

In special cases, a person assigned by an authorized agency or organization to lead the People's Public Prosecution Offices at various levels, although not having sufficient time as a Junior Prosecutor, Mid-level Prosecutor, Senior Prosecutor, or sufficient time in legal work, but meeting the criteria stipulated in Article 75 and the conditions stipulated in Clause 2 of Article 77, points b and c of Clause 1 of Articles 78, 79, and 80 of this Law, may also be selected and appointed as a Junior Prosecutor, Mid-level Prosecutor, Senior Prosecutor, or Prosecutor of the Supreme People's Public Prosecution Office.

The initial appointment term for a Prosecutor is five years; in cases of reappointment or promotion, the term is ten years.

Article 83. Duties, Powers, and Responsibilities of Prosecutors

1. When exercising prosecution rights and supervising judicial activities, Prosecutors must comply with the law and follow the directives of the Chief Prosecutor of the People's Public Prosecution Office.

Prosecutors must comply with the law and bear responsibility under the law for their actions and decisions when exercising prosecution rights, participating in court proceedings, and supervising judicial activities.

Prosecutors must execute decisions made by the Chief Prosecutor of the People's Public Prosecution Office. If there is evidence that such a decision is contrary to the law, the Prosecutor has the right to refuse the assigned task and must promptly report in writing to the Chief Prosecutor; if the Chief Prosecutor still decides to enforce the decision, it must be documented, and the Prosecutor must comply without bearing responsibility for the consequences of enforcement, while simultaneously reporting to the higher-level Chief Prosecutor of the People's Public Prosecution Office with authority. The Chief Prosecutor who makes the decision bears responsibility under the law for their decision.

The Chief Prosecutor of the People's Public Prosecution Office is responsible for strictly investigating and handling violations of the law by Prosecutors in performing assigned tasks; has the power to withdraw, suspend, or revoke unlawful decisions made by Prosecutors.

2. Specific duties and powers of Prosecutors when exercising prosecution rights and supervising judicial activities are defined by law.

3. In cases involving multiple Prosecutors, a Prosecutor at a lower rank must follow the assignment and direction of a Prosecutor at a higher rank.

4. When performing duties, Prosecutors have the right to issue decisions, conclusions, requests, and recommendations in accordance with the law.

Article 84. Matters that Prosecutors shall not engage in

1. Activities prohibited by law for civil servants and public officials.

2. Advising persons who have been arrested, detained, accused, charged, or parties to proceedings, or other participants in litigation to act in a manner inconsistent with the provisions of the law in the resolution of cases or matters.

3. Intervening in the resolution of cases or matters or exploiting their influence to affect those responsible for resolving such cases or matters.

4. Removing case files or documents from the agency unless it is for assigned tasks or with the consent of authorized persons.

5. Meeting with accused persons, charged parties, or other participants in litigation in cases or matters within their jurisdiction outside designated locations.

Article 85. Oath of Office for Prosecutors

Persons appointed to the rank of Prosecutor must take the following oath:

1. To be absolutely loyal to the country and devotedly serve the people;

2. To struggle resolutely against all crimes and violations of the law;

3. To firmly protect the Constitution, laws, justice, and social equity;

4. To continuously strive, study, and follow the teachings of President Ho Chi Minh: "Impartiality, integrity, objectivity, prudence, and modesty";

5. To strictly comply with discipline and organizational principles of the People's Public Prosecutor's Office.

Article 86. Council for Selecting Prosecutors of the Supreme People's Public Prosecutor's Office

1. The Council for Selecting Prosecutors of the Supreme People's Public Prosecutor's Office consists of the Chairperson being the Chief Prosecutor of the Supreme People's Public Prosecutor's Office and members being representatives of the leadership of the Ministry of National Defense, the Ministry of Public Security, the Central Committee of the Vietnam Fatherland Front, and the Central Vietnam Bar Association.

The list of Council members for selecting Prosecutors of the Supreme People's Public Prosecutor's Office is decided by the Standing Committee of the National Assembly based on the proposal of the Chief Prosecutor of the Supreme People's Public Prosecutor's Office.

2. The Council for Selecting Prosecutors of the Supreme People's Public Prosecutor's Office has the following duties and powers:

a) To select candidates meeting the criteria to become Prosecutors of the Supreme People's Public Prosecutor's Office according to the recommendation of the Supervisory Committee of the Supreme People's Public Prosecutor's Office for the Chief Prosecutor of the Supreme People's Public Prosecutor's Office to propose to the State President for appointment;

b) To review cases where Prosecutors of the Supreme People's Public Prosecutor's Office may be relieved of their Prosecutor position as stipulated in Clause 2 of Article 88 of this Law according to the recommendation of the Supervisory Committee of the Supreme People's Public Prosecutor's Office for the Chief Prosecutor of the Supreme People's Public Prosecutor's Office to propose to the State President for relief from duty;

c) To review cases where Prosecutors of the Supreme People's Public Prosecutor's Office may be dismissed from their Prosecutor position as stipulated in Clause 2 of Article 89 of this Law according to the recommendation of the Supervisory Committee of the Supreme People's Public Prosecutor's Office for the Chief Prosecutor of the Supreme People's Public Prosecutor's Office to propose to the State President for dismissal.

3. The Council for Selecting Prosecutors of the Supreme People's Public Prosecutor's Office operates under a collective decision-making system; decisions of the Council must be approved by more than half of the total number of members.

Article 87. Examination Council for Junior Prosecutors, Intermediate Prosecutors, and Senior Prosecutors

1. The Examination Council for Junior Prosecutors, Intermediate Prosecutors, and Senior Prosecutors consists of the Chairperson being the Chief Prosecutor of the Supreme People's Public Prosecutor's Office and members being a Deputy Chief Prosecutor of the Supreme People's Public Prosecutor's Office, the Chief Prosecutor of the Central Military Public Prosecutor's Office, and representatives of the leadership of the Ministry of National Defense, the Ministry of Public Security, and the Central Committee of the Vietnam Fatherland Front.

The list of members of the Examination Council for Junior Prosecutors, Intermediate Prosecutors, and Senior Prosecutors is decided by the Chief Prosecutor of the Supreme People's Public Prosecutor's Office.

2. The Examination Council for Junior Prosecutors, Intermediate Prosecutors, and Senior Prosecutors has the following duties and powers:

a) To organize examinations for Junior Prosecutors, Intermediate Prosecutors, and Senior Prosecutors;

b) To announce the list of successful candidates;

c) To recommend the Chief Prosecutor of the Supreme People's Public Prosecutor's Office to appoint successful candidates as Junior Prosecutors, Intermediate Prosecutors, and Senior Prosecutors.

3. The operational regulations of the Examination Council for Junior Prosecutors, Intermediate Prosecutors, and Senior Prosecutors are stipulated by the Chief Prosecutor of the Supreme People's Public Prosecutor's Office.

Article 88. Dismissal of Prosecutors

1. A Prosecutor shall be automatically dismissed from their position as Prosecutor upon retirement, resignation, or transfer to another profession.

2. A Prosecutor may be dismissed from their position as Prosecutor due to health reasons, family circumstances, or other reasons where it is deemed impossible to fulfill assigned tasks.

Article 89. Removal from Office of Prosecutors

1. A Prosecutor shall be automatically removed from their position as Prosecutor if they are convicted by a court judgment that has become legally binding.

2. Depending on the nature and severity of the violation, a Military Prosecutor may be dismissed from the position of Military Prosecutor if they fall under any of the following circumstances:

a) Violating while exercising public prosecution rights or supervising judicial activities;

b) Violating provisions stipulated in Article 84 of this Law;

c) Violating moral and ethical standards;

d) Engaging in other acts of violating the law.

Article 90. Investigators

1. An Investigator is a person appointed in accordance with the law to assist Prosecutors in exercising public prosecution rights and supervising judicial activities; performing other duties and powers as assigned by the Chief Prosecutor of the People's Public Prosecutor's Office.

2. Investigators have the following ranks:

a) Investigator;

b) Senior Investigator;

c) Senior-level Investigator.

3. The criteria for appointment and conditions for promotion to Investigator ranks are prescribed by the Standing Committee of the National Assembly at the proposal of the Chief Prosecutor of the Supreme People's Public Prosecutor's Office.

4. Investigators have the following duties and powers:

a) Studying case files and reporting results to the Prosecutor;

b) Preparing supervision case files;

c) Assisting the Prosecutor in carrying out other activities when exercising public prosecution rights and supervising judicial activities;

d) Performing other duties and powers as assigned by the Chief Prosecutor.

5. Investigators are responsible before the law, before the Prosecutor, and before the Chief Prosecutor of the People's Public Prosecutor's Office for the performance of their duties and powers; if they commit any violation of the law, they will be subject to disciplinary action, administrative handling, or criminal prosecution depending on the nature and severity of the violation.

Section 4

HEADS, DEPUTY HEADS, INVESTIGATORS AND OTHER POSITIONS OF THE INVESTIGATION DEPARTMENT OF THE SUPREME PEOPLE'S PUBLIC PROSECUTOR'S OFFICE, CENTRAL MILITARY PUBLIC PROSECUTOR'S OFFICE

AND OTHER FUNCTIONS OF THE INVESTIGATION DEPARTMENT OF THE SUPREME PEOPLE'S PROSECUTORATE, THE CENTRAL MILITARY PROSECUTORATE

||| THE SUPREME PEOPLE'S PROSECUTORATE, THE CENTRAL MILITARY PROSECUTORATE

Article 91. Heads and Deputy Heads of the Investigation Department of the Supreme People's Public Prosecutor's Office and the Central Military Public Prosecutor's Office

1. Heads and Deputy Heads of the Investigation Department of the Supreme People's Public Prosecutor's Office and the Central Military Public Prosecutor's Office are appointed, dismissed, and removed from office by the Chief Prosecutor of the Supreme People's Public Prosecutor's Office.

2. Heads and Deputy Heads of the Investigation Department of the Supreme People's Public Prosecutor's Office are responsible before the law and before the Chief Prosecutor of the Supreme People's Public Prosecutor's Office for the performance of their duties and powers.

3. Heads and Deputy Heads of the Investigation Department of the Central Military Public Prosecutor's Office are responsible before the law and before the Chief Prosecutor of the Central Military Public Prosecutor's Office and the Chief Prosecutor of the Supreme People's Public Prosecutor's Office for the performance of their duties and powers.

Article 92. Investigators and Other Positions in the Investigation Department of the Supreme People's Public Prosecutor's Office and the Central Military Public Prosecutor's Office

1. The criteria for appointment, conditions for promotion, and ranks of Investigators and other positions in the Investigation Department of the Supreme People's Public Prosecutor's Office and the Central Military Public Prosecutor's Office are prescribed by law.

2. When performing duties and powers assigned by the Head of the Investigation Department of the Supreme People's Public Prosecutor's Office, Investigators and other positions in the Investigation Department must comply with the law and be directly supervised by the Head of the Investigation Department, and uniformly led by the Chief Prosecutor of the Supreme People's Public Prosecutor's Office.

Chapter V

ENSURING THE ACTIVITIES OF THE PEOPLE'S PROCURACIES

1. The number of Prosecutors at the Supreme People's Public Prosecution Office shall not exceed 19 persons.

2. The total establishment, number of Prosecutors, and the ratio structure of each rank of Prosecutor at each level of the Public Prosecution Office; the number and ratio structure of each rank of Investigator at the Supreme 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 after consulting with the Government.

Based on the total establishment, number, and ratio structure of each rank of Prosecutor decided by the Standing Committee of the National Assembly, the Chief Prosecutor of the Supreme People's Public Prosecution Office shall decide the establishment, number of Prosecutors, other civil servants, staff members, and other workers of subordinate units under the Supreme People's Public Prosecution Office and lower-level People's Public Prosecution Offices.

3. The total establishment, number of Prosecutors, and the ratio structure of each rank of Prosecutor at each level of the Military Public Prosecution Office; the number and ratio structure of each rank of Investigator at the Central Military 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 after reaching consensus with the Minister of Defense.

Based on the number and ratio structure of each rank of Prosecutor at the Military Public Prosecution Office decided by the Standing Committee of the National Assembly, the Chief Prosecutor of the Supreme People's Public Prosecution Office shall decide the number of Prosecutors at each level of the Military Public Prosecution Office after reaching consensus with the Minister of Defense.

Article 94. Budget and Infrastructure

1. The State ensures the budget for operations and infrastructure for the People's Public Prosecution Office in accordance with the provisions of the law.

2. The budget for operations of the People's Public Prosecution Office shall be prepared by the Supreme People's Public Prosecution Office and proposed to the Government for submission to the National Assembly for decision. In cases where there is no agreement between the Government and the Supreme People's Public Prosecution Office regarding the budget for operations of the People's Public Prosecution Office, the Chief Prosecutor of the Supreme People's Public Prosecution Office shall propose to the National Assembly for consideration and decision. Management, allocation, and utilization of the budget shall be carried out in accordance with the laws on state budget.

3. The budget for operations of the Military Public Prosecution Office shall be prepared by the Chief Prosecutor of the Central Military Public Prosecution Office and reported to the Ministry of Defense for proposal to the Government for submission to the National Assembly for decision. Management, allocation, and utilization of the budget for operations of the Military Public Prosecution Offices shall be carried out in accordance with the laws on state budget.

4. The State prioritizes investment in building headquarters and enhancing equipment to improve operational capacity for the People's Public Prosecution Office.

Headquarters, equipment, and working tools of the Military Public Prosecution Office shall be guaranteed by the Government based on the proposal of the Minister of Defense.

Article 95. Salary System

Article 96. Allowance System

1. The special allowance system for officers, civil servants, and employees of the People's Public Prosecutor Office shall be proposed by the President of the Supreme People's Public Prosecutor Office to the Standing Committee of the National Assembly and the Government for decision.

3. Other allowance systems shall be regulated by law.

1. Officers, civil servants, employees, and other workers of the People's Public Prosecutor Office shall be provided with uniforms and insignia; Prosecutors shall be provided with badges and identification cards; Investigators and Inspectors shall be provided with badges and certificates for their duties.

Prosecutors, Investigators, Inspectors, other military personnel, civil servants, and employees of the Military Public Prosecutor Office shall be provided with uniforms according to the military allowance system.

2. The Standing Committee of the National Assembly shall regulate the issuance and use of uniforms for the Public Prosecutor Office, insignia, and badges for leaders at all levels of the People's Public Prosecutor Office, Prosecutors, Investigators, and Inspectors based on the proposal of the President of the Supreme People's Public Prosecutor Office.

The President of the Supreme People's Public Prosecutor Office shall specify the form, material, and color of uniforms; the issuance and use of uniforms for other civil servants, employees, and workers of the People's Public Prosecutor Office.

3. The Prosecutor Identification Card shall be issued and managed by the President of the Supreme People's Public Prosecutor Office. The form, size, and color of the Prosecutor Identification Card shall be regulated by the Standing Committee of the National Assembly based on the proposal of the President of the Supreme People's Public Prosecutor Office.

4. The Investigator and Inspector Certificates shall be regulated, issued, and managed by the President of the Supreme People's Public Prosecutor Office.

Article 98. Training and Development System

1. The State shall ensure funding for training and development activities of the People's Public Prosecutor Office according to the provisions of the law.

2. The State encourages and creates conditions for developing human resources to serve the People's Public Prosecutor Office; prioritizes policies for training and development of civil servants and employees of the People's Public Prosecutor Office who are ethnic minorities or work in mountainous areas, islands, and regions with particularly difficult socio-economic conditions.

Article 99. Rewarding and Handling Violations

1. Officers, civil servants, employees, and other workers of the People's Public Prosecutor Office who achieve outstanding results in their work shall be rewarded according to the law on commendation and rewards and the regulations of the People's Public Prosecutor Office.

Military personnel, civil servants, employees, and other workers of the Military Public Prosecutor Office who achieve outstanding results in their work shall be rewarded according to the law on commendation and rewards, the regulations of the People's Public Prosecutor Office, and the Ministry of Defense.

2. Officers, civil servants, employees, and other workers of the People's Public Prosecutor Office who violate the law or discipline shall be disciplined, administratively handled, or criminally prosecuted depending on the nature and severity of the violation according to the law and the regulations of the People's Public Prosecutor Office.

Military personnel, civil servants, employees, and other workers of the Military Public Prosecutor Office who violate the law or discipline shall be disciplined, administratively handled, or criminally prosecuted depending on the nature and severity of the violation according to the law, the regulations of the People's Public Prosecutor Office, and the Ministry of Defense.

Chapter VI

IMPLEMENTING PROVISIONS

Article 100. Effective Date

1. This Law shall take effect from June 1, 2015, except for the Articles and Clauses specified in Clause 2 of this Article.

2. Article 40, Article 49, Clauses 3, 4, and 5 of Article 63, Article 74, Article 76, Point b and Point c of Clause 1 of Article 79, Point b and Point c of Clause 1 of Article 80, and Clause 1 of Article 93 of the Organization Law of the People's Public Prosecutor's Office shall take effect from February 1, 2015.

3. The Organization Law of the People's Public Prosecutor's Office No. 34/2002/QH10 and the Inspector Ordinance of the People's Public Prosecutor's Office No. 03/2002/PL-UBTVQH11, which have been amended and supplemented by Ordinance No. 15/2011/PL-UBTVQH12, and the Military Public Prosecutor's Office Organization Ordinance No. 05/2002/PL-UBTVQH11 shall cease to be effective from the date this Law takes effect.

Article 101. Guidance on Implementation

The Government, the Supreme People's Public Prosecutor's Office, and relevant agencies within their respective functions and powers shall provide detailed regulations and guidance on the implementation of Clause 2 of Article 31, Articles 86, 87, 90, 94, 95, 96, 97, 98, and 99 of this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 8th session, on November 24, 2014./.