Chương IV Luật tổ chức Viện kiểm sát nhân dân 2014: Cán bộ, công chức, viên chức và người lao động khác của Viện kiểm sát nhân dân

Chapter IV

CADRES, CIVIL SERVANTS, PUBLIC EMPLOYEES AND OTHER EMPLOYEES OF PEOPLE’S PROCURACIES

Section 1. GENERAL PROVISIONS

Article 58. Cadres, civil servants, public employees and other employees of people’s procuracies

1. Judicial titles in people’s procuracies include:

a/ Chief procurators and deputy chief procurators of people’s procuracies and military procuracies at all levels;

b/ Procurators;

c/ Heads and deputy heads of investigating agencies;

d/ Investigators;

e/ Examiners.

2. Other civil servants, public employees and other employees.

3. Military procuracies have the judicial titles prescribed in Clauses 1 and 2 of this Article and other army men.

Article 59. Responsibilities of cadres, civil servants, public employees and other employees of people’s procuracies

1. To perform their duties, exercise their powers and be held responsible before law for the performance of their duties and exercise of their powers.

2. To compensate for damage caused when performing duties or exercising powers in accordance with law.

3. To keep state secrets and work secrets.

4. To respect, and submit to supervision by, the people.

5. To strictly observe the Constitution, law and regulations of people’s procuracies; to participate in law dissemination and education.

6. To constantly learn and study to improve their professional qualifications.

Article 60. Transfer, rotation and secondment of civil servants and public employees of people’s procuracies

1. The Procurator General of the Supreme People’s Procuracy shall decide:

a/ To transfer and rotate civil servants and public employees from one people’s procuracy to another. When necessary, to transfer and rotate civil servants from one people’s procuracy to another within a province or centrally run city.

b/ To second civil servants and public employees of people’s procuracies to work at other state agencies or units to meet working requirements.

2. Chief procurators of provincial-level people’s procuracies shall decide to transfer and rotate civil servants from one people’s procuracy to another within a province or centrally run city.

3. The Minister of National Defense shall decide:

a/ To transfer and rotate procurators, examiners, other army men, civil servants and public employees from one military procuracy to another that are based in different military zones after reaching agreement with the Procurator General of the Supreme People’s Procuracy;

b/ To second procurators, examiners, other army men, civil servants and public employees of military procuracies to work at other state agencies or units to meet working requirements after reaching agreement with the Procurator General of the Supreme People’s Procuracy.

4. Commanders of military zones and the equivalent shall decide to transfer and rotate procurators, examiners, other army men, civil servants and pubic employees from one military procuracy to another within their military zones and the equivalent after reaching agreement with the Chief Procurator of the Central Military Procuracy.

Article 61. Management of civil servants, public employees and other employees of people’s procuracies

1. The Procurator General of the Supreme People’s Procuracy shall uniformly manage civil servants, public employees and other employees of people’s procuracies at all levels in accordance with law so as to build clean and strong people’s procuracies.

2. Chief procurators of other people’s procuracies shall, within the ambit of their duties and powers, manage civil servants and other employees of their procuracies in accordance with this Law and as assigned or decentralized by the Procurator General of the Supreme People’s Procuracy.

Section 2. THE PROCURATOR GENERAL AND DEPUTY PROCURATORS GENERAL OF THE SUPREME PEOPLE’S PROCURACY AND CHIEF PROCURATORS AND DEPUTY CHIEF PROCURATORS OF PEOPLE’S PROCURACIES AT ALL OTHER LEVELS

Article 62. Procurator General of the Supreme People’s Procuracy

1. The Procurator General of the Supreme People’s Procuracy shall be elected, relieved from duty and dismissed by the National Assembly at the proposal of the President.

2. The term of office of the Procurator General of the Supreme People’s Procuracy follows the term of the National Assembly. When the term of the National Assembly expires, the Procurator General of the Supreme People’s Procuracy shall continue performing his/ her duties until the new National Assembly elects a new General Procurator of the Supreme People’s Procuracy.

Article 63. Duties and powers of the Procurator General of the Supreme People’s Procuracy

1. To lead, direct, guide, inspect and examine the performance of duties, implementation of working plans and building of people’s procuracies; to decide on matters related to working activities of the Supreme People’s Procuracy.

2. To issue circulars, decisions, directives, charters, regulations and working regimes applicable to people’s procuracies.

3. To provide for the working apparatus of the Supreme People’s Procuracy for submission to the National Assembly Standing Committee for approval; to decide on working apparatuses of people’s procuracies at lower levels; to provide for working apparatuses of military procuracies after reaching agreement with the Minister of National Defense for submission to the National Assembly Standing Committee for approval.

4. To propose the President to appoint, relieve from duty or dismiss Deputy Procurators General and procurators of the Supreme People’s Procuracy.

5. To appoint, relieve from duty or dismiss high-level, intermediate-level and primary- level procurators, investigators and examiners of different ranks.

6. To appoint, relieve from duty or dismiss holders of leading and managerial titles under his/her management.

7. To recommend the formulation of laws and ordinances; to direct the formulation and submission of draft laws and ordinances in accordance with law; to request the National Assembly Standing Committee to interpret the Constitution, laws and ordinances.

8. To submit to the President his/her opinions on cases of pleading for mitigation of death sentences.

9. To direct and organize the final review of experiences in exercising the power to prosecute and supervise judicial activities by people’s procuracies.

10. To attend meetings of the Judicial Council of the Supreme People’s Court to discuss on the provision of guidance on uniform application of law.

11. To make recommendations on the prevention and combat of crimes and violations to the Government, ministries and sectors.

12. To be answerable and report work to the National Assembly; when the National Assembly is in recess, to be answerable and report work to the National Assembly Standing Committee and President; to reply to questions, recommendations and requests of National Assembly deputies.

13. To perform other tasks and exercise other powers in accordance with law.

Article 64. Deputy Procurators General of the Supreme People’s Procuracy

1. Deputy Procurators General of the Supreme People’s Procuracy shall be appointed, relieved from duty and dismissed by the President at the proposal of the Procurator General of the Supreme People’s Procuracy.

2. Deputy Procurators General of the Supreme People’s Procuracy shall perform duties and exercise powers as assigned or authorized by the Procurator General of the Supreme People’s Procuracy and perform other duties and exercise other powers in accordance with law; to be answerable to the Procurator General and held responsible before law for the performance of their duties and exercise of their powers.

3. The term of office of a Deputy Procurator General is at most 5 years from the date of appointment.

Article 65. Chief procurators of superior people’s procuracies

1. Chief procurators of superior people’s procuracies shall be appointed, relieved from duty and dismissed by the Procurator General of the Supreme People’s Procuracy.

2. Chief procurators of superior people’s procuracies have the following duties and powers:

a/ To direct, administer and examine the performance of duties and implementation of working plans of superior people’s procuracies; to decide on matters related to working activities of superior people’s procuracies; to be answerble and report work to the Procurator General of the Supreme People’s Procuracy;

b/ To direct, guide and examine professional operations in exercising the power to prosecute and supervise adjudication by provincial- and district-level people’s procuracies;

c/ To perform other duties and exercise other powers in accordance with law.

3. The term of office of the chief procurator of a superior people’s procuracy is at most 5 years from the date of appointment.

Article 66. Chief procurators of provincial-level people’s procuracies

1. Chief procurators of provincial-level people’s procuracies shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy.

2. Chief procurators of provincial-level people’s procuracies have the following duties and powers:

a/ To direct, administer, inspect and examine the performance of duties and implementation of working plans of provincial-level people’s procuracies; to decide on matters related to working activities of provincial-level people’s procuracies; to be answerable and report on working activities of the provincial-level people’s procuracies and lower-level people’s procuracies under their management to the Procurator General of the Supreme People’s Procuracy; to report on the exercise of the power to prosecute and supervise adjudication activities by provincial-level people’s procuracies and people’s procuracies of lower levels under their management to the Procurator General of the Supreme People’s Procuracy;

b/ To direct, guide and examine operations of district-level people’s procuracies under their management;

c/ To report to provincial-level People’s Councils on working activities of the provincial- level people’s procuracies and people’s procuracies of lower levels under their management; to reply to questions, recommendations and requests of provincial-level People’s Council deputies.

d/ To perform other duties and exercise other powers in accordance with law.

3. The term of office of the chief procurator of a provincial-level people’s procuracy is at most 5 years from the date of appointment.

Article 67. Chief procurators of district-level people’s procuracies

1. Chief procurators of district-level people’s procuracies shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy.

2. Chief procurators of district-level people’s procuracies have the following duties and powers:

a/ To direct, administer and examine the performance of duties and implementation of working plans, and decide on working activities of their people’s procuracies and perform other duties and exercise other powers in accordance with law; to be answerable and report on their work to chief procurators of provincial-level people’s procuracies; to report on the exercise of the right to prosecute and supervise adjudication activities to chief procurators of superior people’s procuracies when requested;

b/ To present work reports before People’s Councils and reply to questions, recommendations and requests of People’s Council deputies in accordance with law.

3. The term of office of the chief procurator of a district-level people’s procuracy is at most 5 years from the date of appointment.

Article 68. Deputy chief procurators of superior people’s procuracies, provincial-level people’s procuracies and district-level people’s procuracies

1. Deputy chief procurators of superior people’s procuracies, provincial-level people’s procuracies and district-level people’s procuracies shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy.

2. Deputy chief procurators of superior people’s procuracies, provincial-level people’s procuracies and district-level people’s procuracies shall perform their duties and exercise their powers in accordance with law and as assigned or authorized by the chief procurators of their people’s procuracies; be answerable to the chief procurators of their people’s procuracies and held responsible before law for the performance of their duties and exercise of their powers.

3. The term of office of a deputy chief procurator of a superior people’s procuracy, provincial-level people’s procuracy or district-level people’s procuracy is at most 5 years from the date of appointment.

Article 69. Chief Procurator of the Central Military Procuracy

1. The Chief Procurator of the Central Military Procuracy is a Deputy Procurator General of the Supreme People’s Procuracy who is appointed, relieved from duty or dismissed by the President at the proposal of the Procurator General of the Supreme People’s Procuracy after reaching agreement with the Minister of National Defense.

2. The Chief Procurator of the Central Military Procuracy has the following duties and powers:

a/ To lead, direct, guide and inspect the performance of duties, implementation of working plans and building of military procuracies; to decide on working activities of the Central Military Procuracy;

b/ To present reports on working activities of military procuracies before the Procurator General of the Supreme People’s Procuracy and the Minister of National Defense;

c/ To propose the Procurator General of the Supreme People’s Procuracy to appoint, relieve from duty or dismiss Deputy Chief Procurators of the Central Military Procuracy; chief procurators and deputy chief procurators of military procuracies of military zones and the equivalent and regional military procuracies; procurators and investigators of military procuracies;

d/ To appoint, relieve from duty and dismiss investigators of different ranks of military procuracies;

dd/ To perform other duties and exercise other powers in accordance with law and as assigned by the Procurator General of the Supreme People’s Procuracy and the Minister of National Defense.

3. The term of office of Chief Procurator of the Central Military Procuracy is at most 5 years from the date of appointment.

Article 70. Chief procurators of military procuracies of military zones and the equivalent

1. Chief procurators of military procuracies of military zones and the equivalent shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy at the proposal of the Chief Procurator of the Central Military Procuracy.

2. Chief procurators of military procuracies of military zones and the equivalent have the following duties and powers:

a/ To direct, administer and inspect the performance of duties and implementation of work plans, and decide on working activities of their military procuracies; to be answerable and report on working activities of their military procuracies to the Chief Procurator of the Central Military Procuracy; to reply to questions of delegates at army congresses held annually by political agencies of military zones and the equivalent;

b/ To direct, guide and inspect operations of regional military procuracies under their management;

c/ To perform other duties and exercise other powers in accordance with law.

3. The term of office of the chief procurator of the military procuracy of a military zone or the equivalent is at most 5 years from the date of appointment.

Article 71. Chief procurators of regional military procuracies

1. Chief procurators of regional military procuracies shall be appointed, relieved from duty and dismissed by the Procurator General of the Supreme People’s Procuracy at the proposal of the Chief Procurator of the Central Military Procuracy.

2. Chief procurators of regional military procuracies shall direct, administer and inspect the performance of duties, implementation of working plans and decide on working activities of their military procuracies and perform other duties and exercise other powers in accordance with law; to be answerable and report on their work to chief procurators of military procuracies at higher levels.

3. The term of office of the chief procurator of a regional military procuracy is at most 5 years from the date of appointment.

Article 72. Deputy chief procurators of the Central Military Procuracy, military procuracies of military zones and the equivalent and regional military procuracies

1. Deputy chief procurators of the Central Military Procuracy, military procuracies of military zones and the equivalent and regional military procuracies shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy at the proposal of the Chief Procurator of the Central Military Procuracy.

2. Deputy chief procurators of the Central Military Procuracy, military procuracies of military zones and the equivalent and regional military procuracies shall perform their duties and exercise their powers in accordance with law and as assigned or authorized by the chief procurators of their military procuracies; be answerable to the chief procurators of their military procuracies and held responsible before law for the performance of their duties and exercise of their powers.

3. The term of office of a deputy chief procurator of the Central Military Procuracy, a military procuracy of a military zone or the equivalent or a regional military procuracies is at most 5 years from the date of appointment.

Article 73. Responsibilities of chief procurators and deputy chief procurators of people’s procuracies at different levels in exercising the power to prosecute and supervise judicial activities

When exercising the power to prosecute and supervise judicial activities, chief procurators and deputy chief procurators of people’s procuracies at different levels shall strictly observe the Constitution and law and be held responsible before law for their acts and decisions in the laying of charges, arrest, custody, temporary detention, prosecution, adversarial process, protest and other acts and decisions within their competence; if acting against the law, they shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.

Section 3. PROCURATORS AND EXAMINERS OF PEOPLE’S PROCURACIES

Article 74. Procurators

Procurators are persons who are appointed in accordance with law to perform the function of exercising the power to prosecute and supervise judicial activities.

Article 75. General criteria for procurators

1. Being Vietnamese citizens who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good ethical qualities, are incorrupt and honest, have firm political stance and resolve to safeguard the socialist legislation.

2. Possessing a bachelor or higher degree in law.

3. Having been professionally trained in prosecution.

4. Having been engaged in practical work for a certain period of time in accordance with this Law.

5. Being physically fit to fulfill assigned duties.

Article 76. Procurator ranks

1. Ranks of procurators of people’s procuracies include:

a/ Procurators of the Supreme People’s Procuracy;

b/ High-level procurators;

c/ Intermediate-level procurators;

d/ Primary-level procurators.

2. The Supreme People’s Procuracy has procurators of four ranks. The Central Military Procuracy has its Chief Procurator being a procurator of the Supreme People’s Procuracy and high-level, intermediate-level and primary-level procurators. Other procuracies have high- level, intermediate-level and primary-level procurators.

Article 77. Criteria for appointment of primary-level procurators

A person who fully meets the criteria prescribed in Article 75 of this Law and the following conditions may be appointed as a primary-level procurator of a people’s procuracy; if being an in-service army officer, he/she may be appointed as a primary-level procurator of a military procuracy:

1. Having been engaged in legal work for at least 4 years;

2. Being capable of exercising the power to prosecute and supervise judicial activities;

3. Having passed a primary-level procurator selection examination.

Article 78. Criteria for appointment of intermediate-level procurators

1. A person who fully meets the criteria prescribed in Article 75 of this Law and the following conditions may be appointed as an intermediate-level procurator of a people’s procuracy; if being an in-service army officer, he/she may be appointed as an intermediate- level procurator of a military procuracy:

a/ Having worked as a primary-level procurator for at least 5 years;

b/ Being capable of exercising the power to prosecute and supervise judicial activities;

c/ Being capable of guiding primary-level procurators to exercise the power to prosecute and supervise judicial activities;

d/ Having passed an intermediate-level procurator selection examination.

Article 79. Criteria for appointment of high-level procurators

1. A person who fully meets the criteria prescribed in Article 75 of this Law and the following conditions may be appointed as a high-level procurator of a people’s procuracy; if being an in-service army officer, he/she may be appointed as a high-level procurator of a military procuracy:

a/ Having worked as an intermediate-level procurator for at least 5 years;

b/ Being capable of exercising the power to prosecute and supervise judicial activities;

c/ Being capable of guiding intermediate-level procurators to exercise the power to prosecute and supervise judicial activities;

d/ Having passed a high-level procurator selection examination.

2. In case due to the personnel demand of a people’s procuracy, a person who has been engaged in legal work for 15 years or more and fully meets the criteria prescribed in Article 75 of this Law and at Points b, c and d, Clause 1 of this Article may be appointed as a high- level procurator of the people’s procuracy; if being an in-service army officer, he/she may be appointed as a high-level procurator of a military procuracy.

Article 80. Criteria for appointment of procurators of the Supreme People’s Procuracy

1. A person who fully meets the criteria prescribed in Article 75 of this Law and the following conditions may be selected and appointed as a procurator of the Supreme People’s Procuracy:

a/ Having worked as a high-level procurator for at least 5 years;

b/ Being capable of directing and administering the exercise of the power to prosecute and supervise judicial activities of the Supreme People’s Procuracy;

c/ Being capable of settling important issues falling under the competence of the Supreme People’s Procuracy.

2. In case due to the personnel demand, a person who has been engaged in legal work for 20 years or more and fully meets the criteria prescribed in Article 75 of this Law and at Points b and c, Clause 1 of this Article may be appointed as a procurator of the Supreme People’s Procuracy.

Article 81. Appointment of procurators in special cases

In special cases, persons who are transferred by competent agencies or organizations to hold leading positions in people’s procuracies of different levels and fully meet the criteria prescribed in Article 75 and the conditions prescribed in Clause 2, Article 77 and at Points b and c, Clause 1, Article 78, 79 and 80 of this Law though having not yet worked as primary- level, intermediate-level or high-level procurators or not yet been engaged in legal work for the prescribed period of time may be selected and appointed as primary-level, intermediate-level or high-level procurators of the Supreme People’s Procuracy.

Article 82. Term of office of procurators

The initial term of office of procurator is 5 years. For procurators who are reappointed or entitled to rank promotion, the subsequent term of office is 10 years.

Article 83. Duties, powers and responsibilities of procurators

1. When exercising the power to prosecute and supervise judicial activities, procurators shall observe law and submit to the direction of chief procurators of people’s procuracies.

Procurators shall abide by law and be held responsible before law for their acts and decisions in exercising the power to prosecute and make adversarial arguments at court hearings and to supervise judicial activities.

Procurators shall observe decisions of chief procurators of their people’s procuracies. When having grounds to believe that a decision of the chief procurator of his/her people’s procuracy is illegal, a procurator may refuse to perform the assigned duty and shall report such in writing to the chief procurator. In case the chief procurator determines to execute the decisions, he/she shall issue a written decision thereon and the procurator shall execute the decision but is not held responsible for any arising consequences and, at the same time, shall report the case to the chief procurator of the competent higher-level people’s procuracy. The chief procurator shall take responsibility before law for his/her decision.

Chief procurators of people’s procuracies shall examine and strictly handle violations committed by procurators when performing their assigned duties and may revoke, terminate or cancel illegal decisions of procurators.

2. Specific duties and powers of procurators when exercising the power to prosecute and supervise judicial activities are prescribed by law.

3. In case more than one procurator jointly settle a case, procurators of lower ranks shall obey the assignment and direction of procurators of higher ranks.

4. When performing their duties, procurators may make decisions, conclusions, requests and recommendations in accordance with law.

Article 84. Prohibited acts of procurators

1. Acts which cadres and civil servants are prohibited by law from taking.

2. Providing consultancy to persons who are arrested, held in custody or temporary detention, involved parties or other procedure participants, making the settlement of cases or matter unlawful.

3. Interfering in the settlement of cases or matters or taking advantage of their powers to influence persons responsible for settling cases or matters.

4. Bringing files of cases or matters out of the premises of their agencies, unless for performing their assigned duties or approved by competent persons.

5. Receiving outside prescribed places the accused, defendants, involved parties or other procedure participants in cases or matters which they are competent to settle.

Article 85. Oath of procurators

Persons who are appointed to procurator ranks must make an oath:

1. To be absolutely loyal to the Fatherland and dedicatedly serve the people;

2. To intransigently combat all crimes and violations.

3. To resolvedly safeguard the Constitution, law, justice and social equality;

4. To constantly strive, learn and follow President Ho Chi Minh’s teaching “Being impartial, upright, objective, prudent and modest”;

5. To strictly abide by discipline and organizational and operational principles of people’s procuracies.

Article 86. Council for Selection of Procurators of the Supreme People’s Procuracy

1. The Council for Selection of Procurators of the Supreme People’s Procuracy is composed of the Procurator General of the Supreme People’s Procuracy as its chairperson and representatives of leaderships of the Ministry of National Defense, the Ministry of Home Affairs, the Vietnam Fatherland Front’s Central Committee and the Central Committee of the Vietnam Lawyers’ Association as its members.

The list of members of the Council for Selection of Procurators of 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.

2. The Council for Selection of Procurators of the Supreme People’s Procuracy has the following duties and powers:

a/ To select qualified persons to act as procurators of the Supreme People’s Procuracy at the proposal of the Supervisory Committee of the Supreme People’s Procuracy for submission by the Procurator General of the Supreme People’s Procuracy to the President for appointment.

b/ To consider cases in which procurators of the Supreme People’s Procuracy may be relieved from duty under Clause 2, Article 88 of this Law at the proposal of the Supervisory Committee of the Supreme People’s Procuracy for submission by the Procurator General of the Supreme People’s Procuracy to the President for relief from duty;

c/ To consider cases in which procurators of the Supreme People’s Procuracy may be dismissed under Clause 2, Article 89 of this Law at the proposal of the Supervisory Committee of the Supreme People’s Procuracy for submission by the Procurator General of the Supreme People’s Procuracy to the President for dismissal.

3. The Council for Selection of Procurators of the Supreme People’s Procuracy shall work on a collegial basis; decisions of the Selection Council must be voted for by more than half of its members.

Article 87. The Examination Council for Selection of Primary-Level Procurators, Intermediate-Level Procurators and High-Level Procurators

1. The Examination Council for Selection of Primary-Level Procurators, Intermediate- Level Procurators and High-Level Procurators shall be composed of the Procurator General of the Supreme People’s Procuracy as its chairperson and one Deputy Procurator General of the Supreme People’s Procuracy, the Chief Procurator of the Central Military Procuracy and representatives of leaderships of the Ministry of National Defense, the Ministry of Home Affairs and the Central Committee of the Vietnam Fatherland Front as its members.

The list of members of the Examination Council for Selection of Primary-Level Procurators, Intermediate-Level Procurators and High-Level Procurators shall be decided by the Procurator General of the Supreme People’s Procuracy.

2. The Examination Council for Selection of Primary-Level Procurators, Intermediate- Level Procurators and High-Level Procurators has the following duties and powers:

a/ To organize examinations for selection of Primary-Level Procurators, Intermediate- Level Procurators and High-Level Procurators;

b/ To announce lists of persons who pass examinations;

c/ To propose the Procurator General of the Supreme People’s Procuracy to appoint persons who pass examinations as Primary-Level Procurators, Intermediate-Level Procurators and High-Level Procurators.

3. The working regulation of the Examination Council for Selection of Primary-Level Procurators, Intermediate-Level Procurators and High-Level Procurators shall be prescribed by the Procurator General of the Supreme People’s Procuracy.

Article 88. Relief from duty of procurators

1. Procurators shall be automatically relieved from duty when they retire, resign or shift to other professions.

2. Procurators may be relieved from duty due to their poor health, family circumstances or other reasons which are likely to render them unable to fulfill their assigned tasks.

Article 89. Dismissal of procurators

1. Procurators shall be automatically dismissed when they are convicted by a court under legally effective judgments.

2. Depending on the nature and seriousness of their violations, procurators may be dismissed when:

a/ Committing a violation in exercising the power to prosecute and supervise judicial activities;

b/ Violating the provisions of Article 84 of this Law;

c/ Possessing no ethical qualities;

d/ Committing another illegal act.

Article 90. Examiners

1. Examiners are persons who are appointed in accordance with law to assist procurators in exercising the power to prosecute and supervise judicial activities; perform other duties and exercise other powers as assigned by chief procurators of their people’s procuracies.

2. Examiner ranks include:

a/ Examiners;

b/ Principal examiners;

c/ Senior examiners.

3. The criteria for appointment to and conditions for promotion of examiner ranks shall be provided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy.

4. Examiners have the following duties and powers:

a/ To examine files of cases and matters and report results to procurators;

b/ To make dossiers of supervision of cases and matters;

c/ To assist procurators in conducting other activities when exercising the power to prosecute and supervise judicial activities;

d/ To perform other duties and exercise other powers as assigned by procurators general of their procuracies.

5. Examiners shall be held responsible before law and answerable to procurators and chief procurators of their people’s procuracies for the performance of their duties and exercise of their powers. If committing illegal acts, they shall be disciplined, administratively handled or examined for penal liability depending on the nature and seriousness of their violations.

Section 4. HEADS, DEPUTY HEADS, INVESTIGATORS AND OTHER STAFFS OF INVESTIGATING AGENCIES OF THE SUPREME PEOPLE’S PROCURACY AND THE CENTRAL MILITARY PROCURACY

Article 91. Heads and deputy heads of investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy

1. Heads and deputy heads of investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy shall be appointed, relieved from duty or dismissed by the Procurator General of the Supreme People’s Procuracy.

2. The head and deputy heads of the investigating agency of the Supreme People’s Procuracy shall be held responsible before law and the Procurator General of the Supreme People’s Procuracy for the performance of their duties and exercise of their powers.

3. The head and deputy heads of the investigating agency of the Central Military Procuracy shall be held responsible before law and the Chief Procurator of the Supreme People’s Procuracy for the performance of their duties and exercise of their powers.

Article 92. Investigators and other staffs of investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy

1. Ranks of examiners and other staffs of investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy and criteria for appointment and conditions for promotion to these ranks shall be prescribed by law.

2. When performing the duties and exercising the powers assigned by the head of the investigating agency of the Supreme People’s Procuracy, investigators and other staffs of the investigating agency shall observe law and submit to direction of the head of the investigating agency and uniform leadership of the Procurator General of the Supreme People’s Procuracy.

3. When performing the duties and exercising the powers assigned by the head of the investigating agency of the Central Military Procuracy, investigators and other staffs of the investigating agency shall observe law and submit to direction of the head of the investigating agency and uniform leadership of the Chief Procurator of the Central Military Procuracy.

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