Ordinance No. 03/2002/PL-UBTVQH11 dated October 11, 2002 of the Standing Committee of National Assembly on procurators of the People’s Procuracies

ORDINANCE

ON PROCURATORS OF THE PEOPLE’S PROCURACIES
(No. 03/2002/PL-UBTVQH11 of October 4, 2002)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001 of the Xth National Assembly, 10th session;

Pursuant to the Law on Organization of the People’s Procuracies;

This Ordinance provides for procurators of the People’s Procuracies,

Chapter I

GENERAL PROVISIONS

Article 1.-Procurators are persons appointed under law provisions to perform the tasks of exercising the right to prosecution and controlling judiciary activities.

Article 2.-Vietnamese citizens, who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good moral qualities, are incorrupt and honest, have law bachelor degree, have been professionally trained in procuracy, are determined to defend the socialist legislation, have a practical working duration as prescribed by this Ordinance and a good health to ensure the fulfillment of their assigned tasks, may be selected and appointed to be procurators.

Article 3.-Procurators of the People’s Procuracies in the Socialist Republic of Vietnam include:

1. Procurators of the Supreme People’s Procuracy;

2. Procurators of the provincial-level People’s Procuracies, including procurators of the People’s Procuracies of the provinces and centrally-run cities;

3. Procurators of the district-level People’s Procuracies, including procurators of the People’s Procuracies of rural districts, urban districts, provincial towns and cities;

4. Procurators of the Military Procuracies of all levels, including procurators of the Central Military Procuracy, who are concurrently procurators of the Supreme People’s Procuracy; procurators of the military zone-level Military Procuracies, including procurators of the Military Procuracies of military zones and the equivalent, and procurators of the regional Military Procuracies.

Article 4.-The procurators term of office shall be 5 years counting from the date of their appointment.

Article 5.-Procurators shall be held responsible before law for performing their tasks and exercising their powers; if committing acts of law violations, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to the provisions of law.

Article 6.-If procurators, while performing their tasks and exercising their powers, cause damage, the People’s Procuracies where they work shall have to pay compensation therefor and the concerned procurators shall have to make redemption to the People’s Procuracies under law provisions.

Article 7.-Procurators must keep State secrets and work secrets according to the provisions of law.

Article8.-Stateagencies, organizations, people’s armed force units and concerned individuals shall have to strictly execute the procurators decisions, protests, petitions and requests under law provisions.

Article 9.-When detecting that decisions, protests, petitions or requests or other acts of procurators are groundless or contrary to law, agencies, organizations and/or people’s armed force units may make requests, petitions or complaints; and individuals may make petitions, complaints or denunciations, with the directors of the People’s Procuracies of the same level, the directors of the superior People’s Procuracies or the competent State agencies.

The agencies or persons receiving such requests, petitions, complaints or denunciations shall have to settle them and give replies according to the provisions of law.

It is strictly forbidden to revenge complainants and denouncers or to abuse one’s right to complaint and denunciation to slander procurators.

Article 10.-Procurators must respect people and submit to their supervision.

When performing their tasks and exercising their powers, procurators shall contact and coordinate with the State agencies, Vietnam Fatherland Front Committees and the Front’s member organizations, other social organizations, economic organizations, people’s armed force units and individuals. Within the ambit of their functions and tasks, agencies, organizations, people’s armed force units and individuals shall have to create conditions for procurators to perform their tasks.

All acts of obstructing procurators from performing their tasks are strictly prohibited.

Article 11.-The Chairman of the Supreme People’s Procuracy shall uniformly manage the contingent of procurators and the work of training and fostering of procurators of the People’s Procuracies at all levels; ensure the implementation of the law-prescribed regimes for procurators and build a clean and strong procuracy system.

The directors of the local People’s Procuracies, the directors of the Military Procuracies of all levels shall, within the ambit of their tasks and powers, have to organize the implementation of training and fostering planning and plans in order to create source of procurators and improve their qualifications and capabilities; and manage the contingent of officials and procurators of their respective units.

Chapter II

TASKS AND POWERS OF PROCURATORS

Article 12.-Procurators shall perform their tasks of exercising the right to prosecution and controlling judiciary activities according to the competence of their respective People’s Procuracies, under assignment by the directors, and be held responsible before the directors.

The specific tasks and powers of procurators when exercising their right to prosecution and controlling judiciary activities shall be prescribed by law.

Article 13.-

When performing their tasks, procurators must abide by law and submit to personal direction of the directors of their People’s Procuracies, and the uniform leadership of the Chairman of the Supreme People’s Procuracy.

Procurators may refuse the assigned tasks when having grounds to believe that those tasks are contrary to law; if the directors still insist on their decisions, the procurators must abide by such decisions but the directors must be accountable for their decisions; in this case, the procurators may report to the directors of the immediate superior People’s Procuracies and shall not be held responsible for consequences of the execution of such decisions.

Procurators must refuse to conduct legal proceedings or be replaced in cases prescribed by the procedures legislation.

Article 14.-Within the ambit of their assigned tasks, procurators may make decisions, petitions, protests or requests under law provisions, except for matters falling under the directors jurisdiction.

The directors shall have to inspect, detect, promptly redress and strictly handle law violations committed by procurators when performing their assigned tasks; and may withdraw, suspend or annul decisions groundless or contrary to law, which are made by procurators while performing tasks under the directors authorization.

Article 15.-Procurators must not do the following things:

1. Things, which, as prescribed by law, the officials and public employees must not do;

2. Providing consultancy to the defendants, the accused, the involved persons or other people involved in legal proceedings, thus making the settlement of cases or other matters contravene law provisions;

3. Illegally intervening in the settlement of cases or abusing their influence to act upon persons responsible for case settlement;

4. Bringing case dossiers or documents in case dossiers out of their offices, not for the purpose of performing their assigned tasks or without the consents of competent persons.

5. Receiving the defendants, the accused, the involved persons or other people involved in legal proceedings in cases falling under their settling competence outside the prescribed places.

Article 16.-Procurators must be exemplary in the observance of the Constitution and laws, lead a healthy lifestyle and respect the rules of public activities, and participate in law dissemination and popularization.

Article 17.-Procurators shall have to learn and study in order to raise their professional qualifications in procuracy.

Chapter III

CRITERIA OF PROCURATORS; PROCEDURES FOR SELECTION, APPOINTMENT, REMOVAL FROM OFFICE AND DISMISSAL OF PROCURATORS

Section 1. CRITERIA OF PROCURATORS

Article 18.-Persons, who meet all the criteria prescribed in Article 2 of this Ordinance, have been engaged in legal work for 4 years or more, are capable of exercising the right to prosecution and controlling judiciary activities falling under the competence of the district-level People’s Procuracies or regional Military Procuracies may be selected and appointed to be procurators of the district-level People’s Procuracies; or procurators of the regional Military Procuracies, if they are military officers on active service.

Article 19.-

1. Personss who meet all the criteria prescribed in Article 2 of this Ordinance and have been working as procurators of the district-level People’s Procuracies or regional Military Procuracies for at least 5 years, are capable of exercising the right to prosecution and controlling judiciary activities falling under the competence of the provincial-level People’s Procuracies or Military Procuracies of the military-zone level and are capable of providing procuracy guidance for subordinate people’s procuracies, may be selected and appointed to be procurators of the provincial-level People’s Procuracies; or procurators of the Military Procuracies of the military-zone level, if they are military officers on active service.

2. Where there appears a demand for people’s procuracy personnel, the persons who meet all the criteria prescribed in Article 2 of this Ordinance and have been engaged in legal work for 10 years or more, are capable of exercising the right to prosecution and controlling judiciary activities falling under the jurisdiction of the provincial-level People’s Procuracies or Military Procuracies of the military-zone level and are capable of providing procuracy guidance for subordinate people’s procuracies, may be selected and appointed to be procurators of the provincial-level People’s Procuracies; or procurators of the Military Procuracies of the military-zone level, if they are military officers on active service.

Article 20.-

1. Persons who fully meet the criteria prescribed in Article 2 of this Ordinance and have been working as procurators of the provincial-level People’s Procuracies or procurators of the Military Procuracies of the military-zone level for at least 5 years, are capable of exercising the right to prosecution and controlling judiciary activities falling under the jurisdiction of the Supreme People’s Procuracy or the Central Military Procuracy and are capable of providing procuracy guidance for subordinate people’s procuracies, may be selected and appointed to be procurators of the Supreme People’s Procuracy; or procurators of the Central Military Procuracy, if they are military officers on active service.

2. Where there appears a demand for people’s procuracy personnel, the persons who fully meet criteria prescribed in Article 2 of this Ordinance and have been engaged in legal work for 15 years or more, are capable of exercising the right to prosecution and controlling judiciary activities falling under the jurisdiction of the Supreme People’s Procuracy or the Central Military Procuracy and are capable of providing procuracy guidance for subordinate people’s procuracies, may be selected and appointed to be procurators of the Supreme People’s Procuracy; or procurators of the Central Military Procuracy, if they are military officers on active service.

Article 21.-In case of necessity, the persons who are working in the people’s procuracy service or mobilized by competent agencies or organizations to work in the people’s procuracy service, and who, though having not yet worked as procurators of subordinate people’s procuracies or worked in legal sector for a required period, meet all the other criteria prescribed in Article 18, 19 or 20 of this Ordinance, may also be selected and appointed to be procurators of the district-level People’s Procuracies or the provincial-level People’s Procuracies or the Supreme People’s Procuracies; or procurators of the regional Military Procuracies, the Military Procuracies of the military-zone level or the Central Military Procuracy, if they are military officers on active service.

Section 2. PROCEDURES FOR SELECTION, APPOINTMENT, REMOVAL FROM OFFICE AND DISMISSAL OF PROCURATORS

Article 22.-

1. The councils for selection of procurators of the People’s Procuracies include:

a/ The council for selection of procurators of the Supreme People’s Procuracy and the Central Military Procuracy;

b/ The councils for selection of procurators of the provincial- and district-level People’s Procuracies;

c/ The council for selection of procurators of the Military Procuracies of the military-zone level and regional Military Procuracies.

2. The councils for selection of procurators shall work collectively. The councils’decisions must be voted for by more than half of the total of their members.

Article 23.-

1. The council for selection of procurators of the Supreme People’s Procuracy or the Central Military Procuracy is composed of the chairman of the Supreme People’s Procuracy as its chairman, the representatives of the leaderships of the Defense Ministry, the Ministry of the Interior, the Vietnam Fatherland Front Central Committee and the Executive Committee of Vietnam Lawyers Association, as its members.

The list of members of the council for selection of procurators of the Supreme People’s Procuracy or the Central Military Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the chairman of the Supreme People’s Procuracy.

2. The council for selection of procurators of the Supreme People’s Procuracy or the Central Military Procuracy shall have the following tasks and powers:

a/ To select fully qualified persons to work as procurators of the Supreme People’s Procuracy or the Central Military Procuracy at the proposal of the Procuracy Committee of the Supreme People’s Procuracy so that they may be submitted by the chairman of the Supreme People’s Procuracy to the State President for appointment;

b/ To consider cases where procurators of the Supreme People’s Procuracy or the Central Military Procuracy may be removed from office as prescribed at Clause 2, Article 27 of this Ordinance at the proposal of the Procuracy Committee of the Supreme People’s Procuracy so that the chairman of the Supreme People’s Procuracy may propose them to the State President for removal;

c/ To consider cases where procurators of the Supreme People’s Procuracy or the Central Military Procuracy may be dismissed as prescribed at Clause 2, Article 28 of this Ordinance at the proposal of the Procuracy Committee of the Supreme People’s Procuracy so that they may be submitted by the chairman of the Supreme People’s Procuracy to the State President for dismissal.

Article 24.-

1. A council for selection of procurators of the provincial- or district-level People’s Procuracies is composed of the chairman or a vice chairman of the provincial-level People’s Council, as its chairman; the director of the provincial-level People’s Procuracy, and the representatives of the leaderships of the Administration’s Organization and Personnel Board, the Vietnam Fatherland Front Committee and the Executive Committee of the provincial Lawyers Association, as its members.

The list of members of the council for selection of procurators of the provincial- and district-level People’s Procuracies shall be decided by the chairman of the Supreme People’s Procuracy at the proposal of the chairman of the provincial People’s Council.

2. The council for selection of procurators of the provincial- or district-level People’s Procuracies shall have the following tasks and powers:

a/ To select fully qualified persons to work as procurators of the provincial- and district-level People’s Procuracies at the proposal of the Procuracy Committee of the provincial-level People’s Procuracy so that they may be proposed by the council chairman to the chairman of the Supreme People’s Procuracy for appointment;

b/ To consider cases where procurators of the provincial- or district-level People’s Procuracies may be removed from office under the provisions at Clause 2, Article 27 of this Ordinance at the proposal of the Procuracy Committee of the provincial-level People’s Procuracy so that the council chairman may propose them to the chairman of the Supreme People’s Procuracy for removal;

c/ To consider cases where procurators of the provincial- or district-level People’s Procuracies may be dismissed under the provisions at Clause 2, Article 28 of this Ordinance at the proposal of the Procuracy Committee of the provincial-level People’s Procuracy so that the council chairman may propose them to the chairman of the Supreme People’s Procuracy for dismissal.

Article 25.-

1. The council for selection of procurators of the Military Procuracies of the military-zone level or the regional Military Procuracies is composed of the director of the Central Military Procuracy, as its chairman; the representatives of the leaderships of the Defense Ministry, the Ministry of the Interior, the Vietnam Fatherland Front Central Committee and the Executive Committee of Vietnam Lawyers Association, as its members.

The list of members of the council for selection of procurators of the Military Procuracies of the military- zone level or the regional Military Procuracies shall be decided by the chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy.

2. The council for selection of procurators of the Military Procuracies of the military-zone level or the regional Military Procuracies shall have the following tasks and powers:

a/ To select fully qualified persons to work as procurators of the Military Procuracies of the military- zone level or the regional Military Procuracies at the proposal of the Procuracy Committees of the Military Procuracies of the military-zone level so that they may be proposed by the director of the Central Military Procuracy to the chairman of the Supreme People’s Procuracy for appointment;

b/ To consider cases where procurators of the Military Procuracies of the military-zone level or the regional Military Procuracies may be removed from office under the provisions at Clause 2, Article 27 of this Ordinance at the proposal of the Procuracy Committees of the Military Procuracies of the military- zone level so that the director of the Central Military Procuracy may propose them to the chairman of the Supreme People’s Procuracy for removal;

c/ To consider cases where procurators of the Military Procuracies of the military-zone level or regional Military Procuracies may be dismissed under the provisions at Clause 2, Article 28 of this Ordinance at the proposal of the of the Procuracy Committees of the Military Procuracies of the military-zone level so that the director of the Central Military Procuracy may propose them to the chairman of the Supreme People’s Procuracy for dismissal.

Article 26.-The chairman of the Supreme People’s Procuracy shall provide detailed guidance on the order and procedures for selection, appointment, removal from office and dismissal of procurators at each procuracy level.

Article 27.-

1. Procurators shall be automatically removed from office upon their retirement.

2. Procurators may be removed from office due to their health conditions, family circumstances or for other reasons, which cannot ensure their fulfillment of assigned tasks.

Article 28.-

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

2. Depending on the nature and seriousness of their violations, procurators may be dismissed in one of the following cases:

a/ They commit the violations in exercising the right to prosecution and controlling judiciary activities;

b/ They violate the provisions in Article 15 of this Ordinance;

c/ They are disciplined in form of dismissal from their current managerial posts according to the provisions of the legislation on officials and public employees;

d/ They violates the stipulations on moral qualities;

e/ They commit other acts of violation.

Article 29.-

1. The vice chairmen of the Supreme People’s Procuracy and the director of the Central Military Procuracy shall be appointed, removed from office and dismissed by the State President at the proposal of the chairman of the Supreme People’s Procuracy.

2. The directors of the provincial-level People’s Procuracies shall be appointed, removed from office and dismissed by the chairman of the Supreme People’s Procuracy at the proposals of the Procuracy Committees of the provincial-level People’s Procuracies.

3. The deputy-directors of the provincial-level People’s Procuracies, the directors and deputy-directors of the district-level People’s Procuracies shall be appointed, removed from office and dismissed by the chairman of the Supreme People’s Procuracy at the proposals of the directors of the provincial-level People’s Procuracies.

4. The deputy-directors of the Central Military Procuracy, the directors and deputy-directors of the Military Procuracies of the military-zone level, the directors and deputy-directors of the regional Military Procuracies shall be appointed, removed from office and dismissed by the chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy.

5. The term of office of the vice-chairmen of the Supreme People’s Procuracy, the directors and deputy directors of the local People’s Procuracies and Military Procuracies shall be 5 years as from the date of their appointment.

Article 30.-

1. To ensure that the People’s Procuracies at all levels perform their functions and tasks, the chairman of the Supreme People’s Procuracy shall decide:

a/ To transfer procurators from a local People’s Procuracy to another one of the same level;

b/ To second procurators from a People’s Procuracy to another one for a definite period of time.

2. To ensure that the Military Procuracies perform their functions and tasks, the Minister of Defense shall decide:

a/ To transfer procurators from a Military Procuracy to another one of the same level after reaching agreement with the chairman of the Supreme People’s Procuracy;

b/ To second procurators from a Military Procuracy to another one for a definite period of time.

Chapter IV

REGIMES FOR PROCURATORS

Article 31.-

1. Procurators shall enjoy separate wage scales, responsibility allowances as well as other law-prescribed allowances.

2. When performing their tasks, procurators shall be exempt from bridge, ferry and road tolls under law provisions.

Article 32.-Procurators and procuracy service’s personnel shall be supplied with uniforms and badges; procurators shall also be granted stripes and procurator’s identity cards to perform their tasks.

The model of uniform, the regime of supply and use of uniforms, badges, stripes and identity cards, of procurators, shall be submitted by the chairman of the Supreme People’s Procuracy to the National Assembly Standing Committee for decision.

Chapter V

IMPLEMENTATION PROVISIONS

Article 33.-This Ordinance replaces May 26, 1993 Ordinance on Procurators of the People’s Procuracies.

All previous regulations contrary to this Ordinance are hereby annulled.

Article 34.-The Government and the Supreme People’s Procuracy shall, within the ambit of their functions and tasks, have to guide the implementation of this Ordinance.