Chương 7 Luật Tổ chức Viện Kiểm sát nhân dân 2002: Tổ chức của viện kiểm sát nhân dân

Chapter VII

ORGANIZATION OF THE PEOPLE�S PROCURACIES

Article 30.- The system of the People�s Procuracies shall include:

1. The Supreme People’s Procuracy;

2. The People’s Procuracies of the provinces and centrally-run cities;

3. The People’s Procuracies of the rural districts, urban districts, provincial capitals, provincial cities;

4. The Military Procuracies.

Article 31.-

1. The organizational structure of the Supreme People’s Procuracy shall include:

a) The Procuracy Committee, Departments, institutes, Office and procurators- training and fostering school;

b) The central military procuracy.

2. The Supreme People�s Procuracy is composed of the chairman, vice-chairmen, procurators and investigators.

Article 32.-

1. The Procuracy Committee of the Supreme People’s Procuracy is composed of:

a) The Chairman;

b) The vice-chairmen;

c) A number of procurators to be decided by the National Assembly Standing Committee at the proposal of the chairman of the Supreme People’s Procuracy.

2. The Procuracy Committee of the Supreme People�s Procuracy meets under the chairmanship of its chairman to discuss and decide on the following important issues:

a) The orientations, tasks and plans on activities of the branch;

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

c) The working apparatus of the Supreme People�s Procuracy;

d) The reports of the chairman of the Supreme People’s Procuracy to be submitted to the National Assembly Standing Committee on his/her opinions disagreeing with the resolutions of the Council of Judges of the Supreme People’s Court; the proposals of the Supreme People’s Procuracy on the struggle to prevent and fight crimes to be sent to the Prime Minister; important criminal, civil, marriage and family, administrative, economic and labor cases as well as other matters at the request of at least one-third of the total members of the Procuracy Committee.

The resolution of the Procuracy Committee must be voted for by more than half of its total members; where the votes for and the votes against are equal, the side with the vote of the chairman shall be complied with. If the chairman disagrees with the opinions of the majority of the members of the Procuracy Committee, he/she shall still have to comply with the majority’s decision, but have the right to report such to the National Assembly Standing Committee or the State President.

Article 33.- The chairman of the Supreme People’s Procuracy shall have the following tasks and powers:

1. To direct the performance of tasks and working plans on procuracy and the building of the People�s Procuracies in all aspects; to decide on matters related to the procuracy work, which do not fall under the jurisdiction of the Procuracy Committee;

2. To issue decisions, directives, circulars, charters, regulations and working regimes applicable to the procuracy sector;

3. To direct and inspect the activities of the People’s Procuracies and the Military Procuracies of all levels, the work of training and fostering officials of the procuracy sector;

4. To define the working apparatus of the Supreme People’s Procuracy and submit it to the National Assembly Standing Committee for ratification; to decide on the working apparatuses of the local People’s Procuracies; to define the working apparatus of the Military Procuracies after reaching agreement with the Defense Minister and submit it to the National Assembly Standing Committee for ratification;

5. To direct the drafting of laws and ordinances and submit them according to law provisions; to propose the National Assembly Standing Committee to explain the Constitution, laws and/or ordinances when deeming it necessary for the uniform application of laws;

6. To submit to the State President his/her own opinions on cases where the convicts apply for commutation of death sentence;

7. To organize the statistics on crimes;

8. To attend meetings of the Council of Judges of the Supreme People’s Court to discuss the guidance for uniform application of laws.

Article 34.-

1. The organizational structure of the People’s Procuracy of a province or centrally-run city is composed of the Procuracy Committee, various sections and the Office.

2. A provincial/municipal People’s Procuracy is composed of the director, deputy-directors and procurators.

Article 35.-

1. The Procuracy Committee of a provincial/municipal People’s Procuracy is composed of:

a) The director;

b) Deputy-directors;

c) A number of procurators to be decided by the chairman of the Supreme People’s Procuracy at the proposal of the director of such provincial/municipal People’s Procuracy.

2. The Procuracy Committee of a provincial/municipal People’s Procuracy meets under the chairmanship of its director to discuss and decide on the following important issues:

a) The realization of orientations, tasks, working plans, directives, circulars and decisions of the Supreme People’s Procuracy;

b) The activity review reports to be sent to the Supreme People�s Procuracy; the activity reports to be presented before the People’s Council of the same level;

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

d) Other important matters prescribed by the chairman of the Supreme People’s Procuracy.

A resolution of the Procuracy Committee must be voted for by more than half of the total number of its members; where the votes are split equal, the side with the director’s opinions shall be complied with. If the director disagrees with the opinion of the majority of the Procuracy Committee’s members, he/she shall still comply with the majority�s decision but may report such to the chairman of the Supreme People’s Procuracy.

The directors of the provincial/municipal People’s Procuracies shall decide on matters falling outside the jurisdiction of the Procuracy Committee.

Article 36.-

1. The People’s Procuracy of a rural district, an urban district, a provincial capital or city comprises various working sections and an assisting apparatus, which are headed by the director and deputy-directors.

2 The People’s Procuracy of a rural district, an urban district, a provincial capital or city is composed of the director, deputy-directors and procurators.