Decision No. 82/2014/QH13 on the implementation of the Law on the Organization of People's Procuratorates

RESOLUTION

On the Implementation of the Law on the Organization of the People's Procuracy

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OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

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

RESOLUTION:

Article 1

From February 1, 2015 to June 1, 2015:

1. The President of the Supreme People's Procuracy shall be responsible for reviewing and preparing organizational structures, personnel, material infrastructure, and other conditions necessary to ensure the operation of the People's Procuracy at all levels in accordance with this Law.

2. Prosecutors of the Supreme People's Procuracy who have completed their term shall continue to perform their duties until they are reviewed and appointed according to the provisions of Clause 5 of this Article.

3. Intermediate-level prosecutors and junior-level prosecutors who have completed their term shall continue to perform their duties until they are reviewed and reappointed according to the provisions of this Law; the review and reappointment of these prosecutors must be completed before September 30, 2015.

4. Based on Articles 40, 49, and Clause 3 of Article 63 of the Law on the Organization of the People's Procuracy, the President of the Supreme People's Procuracy shall propose the Standing Committee of the National Assembly to decide on the establishment of the People's Procuracy at the high level and approve the working structure of the Supreme People's Procuracy.

5. Based on Clause 4 and Clause 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 Law on the Organization of the People's Procuracy, the President of the Supreme People's Procuracy shall be responsible for:

a) Reviewing and deciding on the proposal for the President of the State to appoint Prosecutors of the Supreme People's Procuracy;

b) Reviewing and deciding on the appointment as Senior Prosecutor for Prosecutors of the Supreme People's Procuracy appointed before June 1, 2015, but not appointed as Prosecutors of the Supreme People's Procuracy according to the Law on the Organization of the People's Procuracy.

Article 2

From June 1, 2015:

1. New tasks and powers of the People's Procuracy stipulated in Points b, c, e, and g of Clause 3 of Article 3, Clause 4 of Article 12, and the authority of the Investigation Agency of the Supreme People's Procuracy and the Investigation Agency of the Central Military Procuracy as provided in Article 20 of the Law on the Organization of the People's Procuracy shall be implemented after the current Criminal Procedure Code has been amended and supplemented, and the law on the organization of criminal investigation agencies has been adopted and taken effect by the National Assembly, providing consistent tasks and powers with the Law on the Organization of the People's Procuracy.

During the period when the current Criminal Procedure Code has not yet been amended and supplemented, and the law on the organization of criminal investigation agencies has not yet been adopted and taken effect, the People's Procuracy, the Investigation Agency of the Supreme People's Procuracy, and the Investigation Agency of the Central Military Procuracy shall continue to perform their tasks and powers according to the current Criminal Procedure Code and the current Law on the Organization of Criminal Investigations.

2. The Supreme People's Procuracy shall transfer the task of exercising public prosecution rights and supervising appellate trials to the People's Procuracy at the high level.

The provincial People's Procuracy shall transfer the task of exercising public prosecution rights and supervising cassation and retrial trials to the People's Procuracy at the high level;

3. The People's Procuracy at the high level shall have the following tasks and powers:

a) Exercising public prosecution rights and supervising judicial activities concerning cases and matters within the jurisdiction of the High People's Court;

b) Exercising public prosecution rights and supervising the resolution of appeals and protests according to the appellate procedure for judgments and decisions that have not yet taken legal effect of the provincial and centrally-administered city People's Courts which have received appeals and protests but have not yet been resolved;

c) Exercising public prosecution rights and supervising the resolution of cassation and retrial procedures for judgments and decisions that have taken legal effect of the district, city district, town, centrally-administered city People's Courts and equivalent courts, and provincial and centrally-administered city People's Courts which have received protests but have not yet been resolved;

d) Resolving requests for cassation and retrial for judgments and decisions that have taken legal effect of the district, city district, town, centrally-administered city People's Courts and equivalent courts, and provincial and centrally-administered city People's Courts which have been accepted by the provincial People's Procuracy and the Supreme People's Procuracy but have not yet been resolved;

4. The President of the People's Procuracy at the high level shall protest according to the appellate procedure for first-instance judgments and decisions that have not yet taken legal effect of the provincial and centrally-administered city People's Courts; protest according to the cassation and retrial procedures for judgments and decisions that have taken legal effect of the district, city district, town, centrally-administered city People's Courts and equivalent courts, and provincial and centrally-administered city People's Courts within the territorial scope of his/her jurisdiction.

5. Senior Prosecutors appointed according to Point b of Clause 5 of Article 1 of this Resolution, if subsequently reviewed and appointed as Prosecutors of the Supreme People's Procuracy, shall not be subject to the condition stipulated in Point a of Clause 1 of Article 80 of the Law on the Organization of the People's Procuracy.

6. Intermediate-level Prosecutors and Junior-level Prosecutors still in term shall continue to perform their duties until the end of their term according to the appointment decision.

7. The salary and allowances of Prosecutors of the Supreme People's Procuracy and Senior Prosecutors shall be implemented in accordance with the salary and allowances of Prosecutors of the Supreme People's Procuracy under current laws until new salary and allowance regulations are established.

Article 3

1. Within its functions, tasks, and powers, the Supreme People's Procuracy shall itself or in coordination with relevant agencies review related legal documents concerning the Law on the Organization of the People's Procuracy to revoke, amend, supplement, or issue new documents within its authority; propose the National Assembly, the Standing Committee of the National Assembly, the Government, and relevant agencies to revoke, amend, supplement, or issue new documents in accordance with this Law.

2. The Standing Committee of the National Assembly, the President of the State, the Government, the Supreme People's Court, and the Supreme People's Procuracy within their functions, tasks, and powers shall be responsible for implementing this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, XIIIth term, eighth session, on November 24, 2014./.