Chương 1 Luật Tổ chức Viện Kiểm sát nhân dân 2002: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- The People’s Procuracies shall exercise the right to prosecution and control of judiciary activities according to the Constitution and laws.

The Supreme People’s Procuracy shall exercise the right to prosecution and control of judiciary activities and contribute to ensuring the strict and uniform observance of law.

The local People’s Procuracies shall exercise the right to prosecution and control of judiciary activities in their respective localities.

The Military Procuracies shall exercise the right to prosecution and control of judiciary activities according to the provisions of law.

Article 2.- Within the scope of their functions, the People’s Procuracies have the tasks to contribute to protecting the socialist legislation, protecting the socialist regime and the people’s mastery, protecting the property of the State and collectives, protecting the lives, health, property, freedom, honor and dignity of citizens, ensuring that all acts of infringing upon the interests of the State, of collectives, the legitimate rights and interests of citizens shall be handled according to law.

Article 3.- The People’s Procuracies shall perform their functions and tasks through the following activities:

1. Exercising the right to prosecution and control of law observance in the investigation of criminal cases by investigating bodies and other agencies tasked to conduct a number of investigating activities;

2. Investing some types of offenses against judiciary activities, committed by officials of judicial bodies;

3. Exercising the right to prosecution and control of law observance in adjudication of criminal cases;

4. Controlling the settlement of civil, marriage and family, administrative, economic and labor cases as well as other matters under the provisions of law;

5. Controlling the law observance in the execution of judgments and decisions of the People�s Courts;

6. Controlling the law observance in the custody, detention, management and education of imprisonment debtors.

Article 4.- The People’s Procuracies shall have the responsibility to receive and settle in time complaints and denunciations under their jurisdiction; control the settlement of complaints and denunciations about judiciary activities of judicial bodies under the provisions of law.

Article 5.- The People’s Procuracies shall have the responsibility to receive information and denouncement on criminals, which are transferred by agencies, organizations, people’s armed force units and individuals.

The People’s Procuracies shall have to make statistics on crimes. Within the scope of their functions and tasks, other agencies engaged in legal proceedings shall have the responsibility to coordinate with the People’s Procuracies in performing this task.

Article 6.- When performing their functions and tasks, the People’s Procuracies shall be entitled to issue decisions, protests, petitions and requests and bear responsibility before law for those documents.

Where the above-said documents are contrary to laws, depending on the nature and seriousness of the errors, the documents issuers shall be disciplined or examined for penal liability.

The decisions, protests, petitions and requests of the People’s Procuracies must be strictly implemented according to the provisions of law by the relevant agencies, organizations, units and individuals.

Article 7.- Within the scope of their functions and tasks, the People’s Procuracies shall have the responsibility to coordinate with the courts, police offices, inspectorates, justice agencies and other State bodies, the Fatherland Front and its member organizations and people’s armed force units in preventing and fighting crimes effectively, handling in a timely and just manner assorted crimes and law offenses in judiciary activities; propagating and educating in law; making laws; training and fostering officials; researching into crimes and law offenses.

Article 8.- The People’s Procuracies are led by their directors. The directors of the subordinate People’s Procuracies are subject to the leadership of the directors of the superior People’s Procuracies; the directors of the local People’s Procuracies and the directors of the Military Procuracies are subject to the unified leadership of the chairman of the Supreme People’s Procuracy.

The superior People�s Procuracies have the responsibility to inspect, detect, timely redress and strictly handle law violations committed by the subordinate People�s Procuracies. The directors of the superior People�s Procuracies are entitled to withdraw, suspend or annul groundless and illegal decisions of the subordinate People�s Procuracies.

At the Supreme People�s Procuracy, the provincial/municipal People�s Procuarcies, the Central Military Procuracy, the military procuracies of military regions and the equivalent, the Procuracy Committees shall be set up to discuss and decide by majority important issues as provided for in this Law.

Article 9.- The chairman of the Supreme People’s Procuracy shall be elected, removed from office and dismissed by the National Assembly at the proposal of the State President; is subject to the National Assembly’s supervision, bears responsibility for and reports on activities before the National Assembly; in the recess of the National Assembly, bears responsibility for and reports on activities before the National Assembly Standing Committee and the State President; answers questions, petitions and requests of National Assembly deputies.

Vice-chairmen of the Supreme People’s Procuracy and its procurators shall be appointed, removed from office and dismissed by the State President at the proposal of the chairman of the Supreme People’s Procuracy.

The directors, deputy-directors and procurators of the local People’s Procuracies, deputy-directors of the Central Military Procuracy, directors, deputy-directors and procurators of the military procuracies of military regions and the equivalent, the regional military procuracies and investigators of the Supreme People’s Procuracy shall be appointed, removed from office and dismissed by the chairman of the Supreme People�s Procuracy.

The directors of the local People’s Procuracies are subject to the supervision of the People’s Councils of the same levels; have the responsibility to report on their activities before the People’s Councils; answer questions, petitions and requests of People’s Council deputies.

The deputy-directors shall assist their directors in performing their tasks according to the latter’s assignment. When a director is absent, a deputy-director shall be authorized by the director to represent him/her in directing the activities of the procuracies. The deputy-directors are answerable to the directors for their assigned tasks.

Article 10.- The Supreme People’s Procuracy shall have the responsibility to provide professional training and fostering, manage the contingent of officials, procurators and investigators for the fulfillment of their responsibilities and building of a healthy and strong procuracy service.

Article 11.- Procurators and investigators must respect and submit to the supervision of people.

Within the scope of their functions and tasks, the State agencies, organizations, people’s armed force units and individuals shall have to create conditions for procurators and investigators to perform their tasks.

All acts of obstructing procurators and investigators from performing their tasks are strictly forbidden.