Chương V Luật tổ chức Viện kiểm sát nhân dân 2014: Bảo đảm hoạt động của Viện kiểm sát nhân dân

Chapter V

ASSURANCE OF OPERATION OF PEOPLE’S PROCURACIES

Article 93. Total payrolls, number and proportions of procurator ranks and investigator ranks of people’s procuracies

1. The number of procurators of the Supreme People’s Procuracy must not exceed 19.

2. The total payrolls, number of procurators and proportions of procurator ranks at procuracies at each level; the number of investigators and proportions of investigator ranks at the Supreme People’s Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after obtaining opinions of the Government.

Based on the total payrolls, number and proportions of procurator ranks decided by the National Assembly Standing Committee, the Procurator General of the Supreme People’s Procuracy shall decide on the payroll, number of procurators, other civil servants, public employees and other employees of units under the Supreme People’s Procuracy and people’s procuracies at lower levels.

3. The total payrolls, number of procurators and proportions of procurator ranks at military procuracies at each level; the number of investigators and proportions of investigator ranks at the Central Military Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after reaching agreement with the Ministry of National Defense.

Based on the total payrolls, number and proportions of procurator ranks decided by the National Assembly Standing Committee, the Chief Procurator of the Central Military Procuracy shall decide on the number of procurators of military procuracies at each level after reaching agreement with the Ministry of National Defense.

Article 94. Funds and physical foundations

1. The State shall assure operation funds and physical foundations for people’s procuracies in accordance with law.

2. The Supreme People’s Procuracy shall estimate and propose the Government to submit operation funds of people’s procuracies to the National Assembly for decision. In case the Government and the Supreme People’s Procuracy cannot reach agreement on estimated operation funds of people’s procuracies, the Procurator General of the Supreme People’s Procuracy shall propose the National Assembly to consider and decide on such funds. The management, division, allocation and use of operation funds must comply with the budget law.

3. Operation funds of military procuracies shall be estimated and reported to the Chief Procurator of the Central Military Procuracy to the Ministry of National Defense for the latter to submit them to the Government for subsequent submission to the National Assembly for decision. The management, division, allocation and use of operation funds of military procuracies must comply with the budget law.

4. The State shall prioritize investment in building of working offices and procurement of equipment to improve operation capacity for people’s procuracies.

Working offices, equipment and working devices of military procuracies shall be guaranteed by the Government at the proposal of the Minister of National Defense.

Article 95. Wage regimes

1. Procurators, investigators and examiners have different wage scales and grades.

2. The wage regimes applicable to procurators, investigators and examiners of 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. The wage regime applicable to other civil servants, public employees and other employees of people’s procuracies must comply with law.

3. The wage regimes applicable to procurators, investigators, examiners, other army men, civil servants, public employees and other employees of military procuracies shall comply with those applicable in the army.

Article 96. Allowance regimes

1. The particular allowance regimes for cadres, civil servants and public employees of people’s procuracies shall be submitted by the Procurator General of the Supreme People’s Procuracy to the National Assembly Standing Committee and the Government for decision.

2. Procurators, investigators, examiners, other army men, civil servants, public employees and other employees of military procuracies are entitled to the allowance applicable to procuracies in accordance with law.

Article 97. Formal attires, procurator identity cards, investigator and examiner certificates

1. Cadres, civil servants, public employees and other employees of people’s procuracies shall be provided with formal attires and badges; procurators shall be provided with insignia and identity cards; investigators and examiners shall be provided with insignia and certificates to perform their duties.

Procurators, investigators, examiners, other army men, civil servants, public employees and other employees of military procuracies shall be provided with formal attires according to the regime applicable to the army.

2. The National Assembly Standing Committee shall provide the allocation and use of formal attires of the procuracy sector, badges and insignia of leaders of people’s procuracies at different levels, procurators, investigators and examiners at the proposal of the Procurator General of the Supreme People’s Procuracy.

The Procurator General of the Supreme People’s Procuracy shall provide the form, material and color of attires; the allocation and use of official attires of other civil servants, public employees and other employees of people’s procuracies.

3. Procurator identity cards shall be granted and managed by the Procurator General of the Supreme People’s Procuracy. The form, size and color of procurator identity cards shall be provided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy.

4. Investigator and examiner certificates shall be provided, issued and managed by the Procurator General of the Supreme People’s Procuracy.

Article 98. Training and retraining

1. The State shall guarantee funds for training and retraining work of people’s procuracies in accordance with law.

2. The State shall encourage and create favorable conditions for the development of human resources for people’s procuracies; adopt preferential policies for training and retraining civil servants and public employees of people’s procuracies, who are ethnic minority people or work in mountainous areas, islands, or areas with extremely difficult socio-economic conditions.

3. The training and retraining of procurators, investigators, examiners, other army men, civil servants, public employees and other employees of military procuracies shall comply with regulations of the Supreme People’s Procuracy and the Ministry of National Defense.

Article 99. Commendation and handling of violations

1. Cadres, civil servants, public employees and other employees of people’s procuracies who record outstanding achievements in their work shall be commended and rewarded in accordance with the law on emulation and commendation and regulations of people’s procuracies.

Army men, civil servants, public employees and other employees of military procuracies who have recorded outstanding achievements in their work shall be commended and rewarded in accordance with the law on emulation and commendation and regulations of people’s procuracies and the Ministry of National Defense.

2. Cadres, civil servants, public employees and other employees of people’s procuracies who commit violations or breaches of discipline shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability in accordance with law and regulations of people’s procuracies.

Army men, civil servants, public employees and other employees of military procuracies who commit violations or breaches of discipline shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability in accordance with law and regulations of people’s procuracies and the Ministry of National Defense.