Chapter IX
PROCURATORS AND INVESTIGATORS
Article 42.-
1. The procurators shall be appointed according to law provisions to perform the task of exercising the right to prosecution and control of the judiciary activities.
2. The investigators of the Supreme People’s Procuracy shall be appointed according to law provisions to perform the tasks of criminal investigation.
Article 43.- Vietnamese citizens, who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good qualities and virtues, are incorrupt and honest, have the law bachelor degree, have been professionally trained in procuracy and investigation, are determined to protect the socialist legislation, have a law-prescribed period for practical work, have good health to ensure the fulfillment of assigned tasks, can be appointed to be procurators or investigators.
The specific criteria, the Procurator Selection Council and the regulation on selection of procurators and investigators shall be stipulated by the National Assembly Standing Committee.
Article 44.- The term of office of a procurator or an investigator shall be five years.
Article 45.-
1. When performing the tasks assigned and exercising the powers delegated by their directors, the procurators must abide by law and submit to the personal direction of the directors of the People’s Procuracies of their levels and to the unified leadership of the chairman of the Supreme People�s Procuracy.
The specific tasks and powers of the procurators shall be stipulated by the Ordinance on Procurators of the People’s Procuracies.
2. When performing the tasks assigned and/or exercising the powers delegated by the heads of the investigating agencies, the investigators shall have to abide by law and submit to the personal direction of the heads of the investigating agencies and the unified leadership of the chairman of the Supreme People’s Procuracy.
The tasks and powers of the investigators shall be stipulated by law.
Article 46.-
1. The directors, deputy-directors and procurators, the heads of the investigating agencies and the investigators of the People’s Procuracies must take responsibility before law for the performance of their tasks and the exercise of their powers; if committing law-breaking acts, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to the provisions of law.
2. If the directors, deputy-directors and procurators, the heads of the investigating agencies or investigators of the People’s Procuracies cause damage while performing their tasks and/or exercising their powers, the People’s Procuracies where such people work shall have to compensate for the damage and the persons who have caused the damage shall have to refund the compensation to the People’s Procuracies as provided for by law.
Tìm kiếm
Luật Tổ chức Viện Kiểm sát nhân dân 2002 (Bản Word)