Chương III Luật tổ chức Viện kiểm sát nhân dân 2014: Tổ chức của Viện kiểm sát nhân dân

Chapter III

ORGANIZATION OF PEOPLE’S PROCURACIES

Article 40. The people’s procuracy system

1. The Supreme People’s Procuracy.

2. Superior people’s procuracies.

3. People’s procuracies of provinces and centrally run cities (below referred to as provincial-level people’s procuracies).

4. People’s procuracies of rural districts, urban districts, towns, provincial cities and the equivalent (below referred to as district-level people’s procuracies).

5. Military procuracies at different levels.

Article 41. Duties and powers of people’s procuracies at different levels

1. The Supreme People’s Procuracy shall exercise the power to prosecute and supervise judicial activities, contributing to ensure strict and uniform observance of law.

2. Superior people’s procuracies shall exercise the power to prosecute and supervise judicial activities related to cases and matters falling under the jurisdiction of superior people’s courts.

3. Provincial- and district-level people’s procuracies shall exercise the power to prosecute and supervise judicial activities in their localities.

Article 42. Organizational structure of the Supreme People’s Procuracy

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

a/ The Supervisory Committee;

b/ The Office;

c/ The investigating agency;

d/ Departments, institutions and the equivalent;

dd/ Training institutions, press agencies and other public non-business units;

e/ The Central Military Procuracy.

2. The Supreme People’s Procuracy has the Procurator General, Deputy Procurators General, procurators, examiners; head and deputy heads of the investigating agency, investigators; other civil servants, pubic employees and other employees.

Article 43. Supervisory Committee of the Supreme People’s Procuracy

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

a/ The Procurator General of the Supreme People’s Procuracy;

b/ Deputy Procurators General of the Supreme People’s Procuracy;

c/ A number of procurators of the Supreme People’s Procuracy as decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy.

2. The Procurator General shall preside over meetings of the Supervisory Committee, which are held to discuss and decide on the following important issues:

a/ Working programs and plans of the people’s procuracy sector;

b/ Draft laws and ordinances to be submitted to the National Assembly or National Assembly Standing Committee; reports to be presented by the Procurator General of the Supreme People’s Procuracy before the National Assembly, National Assembly Standing Committee or President;

c/ The working apparatus of the Supreme People’s Procuracy;

d/ Reports to be submitted by the Procurator General of the Supreme People’s Procuracy to the National Assembly Standing Committee on matters stated in resolutions of the Judicial Council of the Supreme People’s Court, on which the Procurator General holds different opinions; recommendations on crime prevention and combat to be submitted by the Supreme People’s Procuracy to the Prime Minister;

dd/ Selection of employees of the Supreme People’s Procuracy who are qualified for sitting examinations for promotion to the rank of high-level, intermediate-level or primary- level procurators;

e/ Proposals for relief from duty or dismissal of procurators of the Supreme People’s Procuracy to be submitted to the Procurator Selection Council of the Supreme People’s Procuracy for consideration.

To consider and propose the Procurator General of the Supreme People’s Procuracy to re-appoint, relieve from duty or dismiss high-level, intermediate-level and primary-level procurators who are working at the Supreme People’s Procuracy.

3. The Supervisory Committee shall issue resolutions when exercising the competence prescribed in Clause 2 of this Article. Resolutions of the Supervisory Committee must be voted for by more than half of its members; in case of equality of votes, the Procurator General’s vote shall be decisive.

4. At the request of the Procurator General of the Supreme People’s Procuracy, the Supervisory Committee shall discuss and give opinions on complicated criminal cases, administrative cases, civil, marriage and family, business and labor cases and matters before they are submitted to the Procurator General for consideration and decision.

Article 44. Organizational structure of a superior people’s procuracy

a/ The supervisory committee;

b/ The office;

c/ Institutions and equivalent units.

2. A superior people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners, civil servants and other employees.

Article 45. Supervisory committees of superior people’s procuracies

1. The supervisory committee of a superior people’s procuracy is composed of:

a/ The chief procurator of the superior people’s procuracy;

b/ Deputy chief procurators of the superior people’s procuracy;

c/ A number of procurators.

2. The number of members of the supervisory committee and procurators specified at Point c, Clause 1 of this Article shall be decided by the Procurator General of the Supreme People’s Procuracy at the proposal of the chief procurator of the superior people’s procuracy.

3. The chief procurator of a superior people’s procuracy shall preside over meetings of the supervisory committee of the superior people’s procuracy, which are held to discuss and decide on the following important issues:

a/ Implementation of working programs and plans, directives, circulars and decisions of the Supreme People’s Procuracy;

b/ Work review reports of the superior people’s procuracy;

c/ Selection of employees of the superior people’s procuracy who are qualified for sitting examinations for promotion to the rank of high-level, intermediate-level or primary- level procurator;

d/ Proposals for re-appointment, relief from duty and dismissal of high-level, intermediate- level or primary-level procurators who are working at the superior people’s procuracy to be submitted to the Procurator General of the Supreme People’s Procuracy.

4. Supervisory committees shall issue resolutions when exercising the competence prescribed in Clause 3 of this Article. Resolutions of a supervisory committee must be voted for by more than half of its members; in case of equality of votes, the vote of the chief procurator shall be decisive. In case the chief procurator disagrees with opinions of the majority of members of the supervisory committee, he/she shall still comply with decisions the majority but may report such to the Procurator General of the Supreme People’s Procuracy.

5. At the request of the chief procurator of a superior people’s procuracy, the supervisory committee of the superior people’s committee shall discuss and give opinions on complicated criminal cases, administrative cases, civil, marriage and family, business and labor cases and matters before they are submitted to the chief procurator for consideration and decision.

Article 46. Organizational structure of provincial-level people’s procuracies

1. The organizational structure of a provincial-level people’s procuracy consists of:

a/ The supervisory committee;

b/ The office;

c/ Divisions and equivalent units.

2. A provincial-level people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners, other civil servants and other employees.

Article 47. Supervisory committees of provincial-level people’s procuracies

1. The supervisory committee of a provincial-level people’s procuracy is composed of:

a/ The chief procurator;

b/ Deputy chief procurators;

c/ A number of procurators.

2. The number of members of the supervisory committee and procurators specified at Point c, Clause 1 of this Article shall be decided by the Procurator General of the Supreme People’s Procuracy at the proposal of the chief procurator of the provincial-level people’s procuracy.

3. The chief procurator of a provincial-level people’s procuracy shall preside over meetings of the supervisory committee, which are held to discuss and decide on the following issues:

a/ Implementation of working programs and plans, directives, circulars and decisions of the Supreme People’s Procuracy; implementation of working programs and plans of superior people’s procuracies;

b/ Work review reports to be submitted to people’s procuracies at higher levels and work report to be presented before the provincial-level People’s Council;

c/ Selection of employees of the provincial-level people’s procuracy who are qualified for sitting examinations for promotion to the rank of high-level, intermediate-level or primary- level procurator;

d/ Proposals for re-appointment, relief from duty and dismissal of high-level, intermediate- level or primary-level procurators who are working at the provincial-level people’s procuracy and district-level people’s procuracies under its management to be submitted to the Procurator General of the Supreme People’s Procuracy.

4. Supervisory committees shall issue resolutions when exercising the competence prescribed in Clause 3 of this Article. Resolutions of a supervisory committee must be voted for by more than half of its members; in case of equality of votes, the vote of the procurator general shall be decisive. In case the chief procurator disagrees with opinions of the majority of members of the supervisory committee, he/she shall still comply with decisions of the majority but may report such to the Procurator General of the Supreme People’s Procuracy.

5. At the request of the chief procurator of a provincial-level people’s procuracy, the supervisory committee shall discuss and give opinions on complicated criminal cases, administrative cases, civil, marriage and family, business and labor cases and matters before they are submitted to the chief procurator for consideration and decision.

Article 48. Organizational structure of district-level people’s procuracies

1. The organizational structure of a district-level people’s procuracy consists of an office and divisions. District-level people’s procuracies which have no conditions for establishment of divisions may have working sections and assisting apparatuses.

2. A district-level people’s procuracy has its chief procurator, deputy chief procurators, procurators, examiners and other civil servants and other employees.

Article 49. Establishment and dissolution of people’s procuracies

The establishment and dissolution of superior people’s procuracies, provincial- and district-level people’s procuracies shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy.

Article 50. Duties and powers of military procuracies

1. Military procuracies in the people’s procuracy system shall be organized in the Vietnam People’s Army to exercise the power to prosecute and supervise judicial activities in the army.

2. Within the ambit of their functions, military procuracies have the duties specified in Clause 2, Article 2 of this Law; protect national security and defense, discipline and strength of the army; protect lawful rights and interests of army men, civil servants, public employees and other employees in the army; and ensure that all crimes and violations must be strictly handled.

3. Military procuracies shall perform the duties and exercise the powers specified in Clauses 1, 2, 3, 4, 5, 6, 8, 9 and 10, Chapter II of this Law and supervise the enforcement of civil judgments under Article 28 of this Law.

Article 51. Military procuracy system

1. The Central Military Procuracy.

2. Military procuracies of military zones and the equivalent;

3. Regional military procuracies.

Article 52. Organizational structure of the Central Military Procuracy

1. The Central Military Procuracy belongs to the structure of the Supreme People’s Procuracy.

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

a/ The Supervisory Committee;

b/ The office;

c/ The investigating agency;

d/ Divisions and equivalent units.

3. The Central Military Procuracy has its Chief Procurator, Deputy Chief Procurators, procurators, examiners; head and deputy heads of the investigating agency, investigators, other army men, civil servants, public employees and other employees.

Article 53. The Supervisory Committee of the Central Military Procuracy

1. The Supervisory Committee of the Central Military Procuracy is composed of:

a/ The Chief Procurator;

b/ Deputy Chief Procurators;

c/ A number of procuracies.

2. The number of members of the Supervisory Committee and procurators specified at Point c, Clause 1 of this Article shall be decided by the Procurator General of the Supreme People’s Procuracy at the proposal of the Chief Procurator of the Central Military Procuracy.

3. The Chief Procurator of the Central Military Procuracy shall preside over the Supervisory Committee’s meetings, which are held to discuss and decide on the following issues:

a/ Working programs and plans of military procuracies;

b/ Work reports to be presented by the Chief Procurator of the Central Military Procuracy before the Procurator General of the Supreme People’s Procuracy and the Minister of National Defense;

c/ Recommendations on prevention and combat of crimes in the army to be submitted by the Central Military Procuracy to the Minister of National Defense;

d/ Selection of employees of the Central Military Procuracy who are qualified for sitting examinations for promotion to the rank of high-level, intermediate-level or primary-level procurator;

dd/ Proposals for re-appointment, relief from duty and dismissal of high-level procurators, intermediate-level procurators and primary-level procurators who are working at the Central Military Procuracy to be submitted by the Chief Procurator of the Central Military Procuracy to the Procurator General of the Supreme People’s Procuracy.

4. The Supervisory Committee shall issue resolutions when exercising the competence prescribed in Clause 3 of this Article. Resolutions of the Supervisory Committee must be voted for by more than half of its members; in case of equality of votes, the vote of the Chief Procurator shall be decisive. In case the Chief Procurator disagrees with the majority of members of the Supervisory Committee, he/she shall still comply with decisions of the majority but may report such to the Procurator General of the Supreme People’s Procuracy.

5. At the request of the Chief Procurator of the Central Military Procuracy, the Supervisory Committee shall discuss and give opinions on complicated cases before they are submitted to the Chief Procurator for consideration and decision.

Article 54. Organizational structures of military procuracies of military zones and the equivalent

1. The organizational structure of the military procuracy of a military zone or the equivalent consists of:

a/ A supervisory committee;

b/ Divisions and assisting apparatus.

2. The military procuracy of a military zone or the equivalent has its chief procurator, deputy chief procurators, procurators, examiners, other army men, civil servants, public employees and other employees.

Article 55. Supervisory committees of military procuracies of military zones and the equivalent

1. The supervisory committee of the military procuracy of a military zone or the equivalent is composed of:

a/ The chief procurator;

b/ Deputy chief procurators;

c/ A number of procuracies.

2. The number of members of the supervisory committee and procurators specified at Point c, Clause 1 of this Article shall be decided by the Chief Procurator of the Central Military Procuracy at the proposal of the chief procurator of the military procuracy of the military zone or the equivalent.

3. The chief procurator of the military procuracy of a military zone or the equivalent shall preside over meeting of the supervisory committee of his/her procuracy, which are held to discuss and decide on the following issues:

a/ Implementation of working programs and plans of the Central Military Procuracy;

b/ Work review reports to be submitted to the Chief Procurator of the Central Military Procuracy and the commander of the military zone or the equivalent;

c/ Selection of employees of the military procuracy of the military zone or the equivalent or regional military procuracies under its management who are qualified for sitting examinations for promotion to the rank of high-level, intermediate-level or primary-level procurator;

d/ Proposals for re-appointment, relief from duty and dismissal of high-level procurators, intermediate-level procurators and primary-level procurators who are working in the military procuracy of the military zone or the equivalent or regional military procuracies under its management to be submitted by the Chief Procurator of the Central Military Procuracy to the Procurator General of the Supreme People’s Procuracy.

4. Supervisory committees shall issue resolutions when exercising the competence prescribed in Clause 3 of this Article. Resolutions of a supervisory committee must be voted for by more than half of its members; in case of equality of votes, the vote of the chief procurator shall be decisive. In case the chief procurator disagrees with the majority of members of the supervisory committee, he/she shall still comply with the decision of the majority but may report such to the Chief Procurator of the Central Military Procuracy.

5. At the request of the chief procurator of the military procuracy of a military zone or the equivalent, the supervisory committee shall discuss and give opinions on complicated cases before they are submitted to the chief procurator for consideration and decision.

Article 56. Organizational structures of regional military procuracies

1. The organizational structure of a regional military procuracy consists of working units and an assisting apparatus.

2. A regional military procuracy has its chief procurator, deputy chief procurators, procurators, examiners, other army men, civil servants, public employees and other employees.

Article 57. Establishment and dissolution of military procuracies

The establishment and dissolution of military procuracies of military zones and the equivalent and regional military zones shall be agreed between the Procurator General of the Supreme People’s Procuracy and the Minister of National Defense for submission to the National Assembly Standing Committee for decision.