VietnameseOrdinance No. 05/2002/PL-UBTVQH11 dated November 15, 200 on organization of the military procuracies
ATTRIBUTE Ordinance 05/2002/PL-UBTVQH11 of National Assembly Standing Committee date issued 04/11/2002
Ordinance No. 05/2002/PL-UBTVQH11 dated November 15, 200 on organization of the military procuracies
| Issuing body: | National Assembly Standing Committee | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 05/2002/PL-UBTVQH11 | Signer: | Nguyen Van An |
| Type: | Ordinance | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 04/11/2002 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Organizational structure |
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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
No: 05/2002/PL-UBTVQH11 | Hanoi, November 04, 2002 |
ORDINANCE
ON ORGANIZATION OF THE MILITARY PROCURACIES
(No. 05/2002/PL-UBTVQH11 of November 4, 2002)
(No. 05/2002/PL-UBTVQH11 of November 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 organization and operation of the Military Procuracies.
Chapter I
GENERAL PROVISIONS
Article 1.- The Military Procuracies belong to the system of the People’s Procuracies and are organized in the Vietnam People’s Army in order to exercise the right to prosecution and to control judicial activities in the army.
Within the ambit of their functions, the Military Procuracies have the tasks of contributing to defending the socialist legislation, the socialist regime and the people’s right to mastery; maintaining national security and defense, the army’s discipline and combat strength; protecting the State’s and collective’s properties, the life, health, properties, freedom, honor and dignity of armymen, defense employees and workers and other citizens; ensuring that all acts of infringing upon the State’s and collective’s interests, the rights and legitimate interests of armymen, defense employees and workers and other citizens shall be handled according to law.
Article 2.- The Military Procuracies shall perform their functions and tasks through the following jobs:
1. Exercising the right to prosecution and controlling law observance in the investigation of criminal cases by investigating agencies and other agencies, which are assigned the task of conducting a number of investigative activities related to cases falling under the adjudicating competence of the Military Courts;
2. Investigating a number of crimes of infringing upon judicial activities where the offenders are officials working in the army’s judicial bodies;
3. Exercising the right to prosecution and controlling law observance in the adjudication of criminal cases by the Military Courts;
4. Controlling law observance in the execution of judgments and decisions of the Military Courts;
5. Controlling law observance in the custody, detention and prisoner management and education by the army’s judicial bodies.
Article 3.- The Military Procuracies have the responsibility to receive and settle in a timely manner complaints and denunciations falling under their competence; control the settlement of complaints and denunciations on judicial activities of the army’s judicial bodies under law provisions.
Article 4.- When performing their functions and tasks, the Military Procuracies have the right to issue decisions, protests, petitions or requests and take responsibility before law for those documents.
In cases where the above-mentioned documents are contrary to law, the document-issuing persons shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability.
Decisions, protests, petitions and requests of the Military Procuracies must be executed by the people’s armed force units, relevant agencies, organizations and individuals strictly according to law provisions.
Article 5.- Within the ambit of their functions and tasks, the Military Procuracies shall have to coordinate with the Military Courts, the investigating agencies, the defense inspectorate, the people’s armed force units, the other State agencies and organizations in fruitfully preventing and combating crimes, handling criminal offenses and law violations in judicial activities in a timely and just manner; propagating and educating about law; participating in law making; fostering personnel; researching into crimes and law offenses.
Article 6.- The Military Procuracies shall have to receive information and denunciations about crimes from agencies, units, organizations and individuals.
Commanders at all levels shall have to promptly notify criminal acts occurring in their respective agencies or units to the nearest Military Procuracies.
Within the ambit of their functions and tasks, the Military Procuracies shall have to conduct the crime-related statistical work; and other legal proceeding agencies of the army shall have to coordinate with the Military Procuracies in performing this task.
Article 7.- The Military Procuracies are headed by their directors. The directors of the subordinate Military Procuracies shall submit to the leadership of the directors of the superior Military Procuracies; the Military Procuracies of all levels shall submit to the uniform leadership of the Chairman of the Supreme People’s Procuracy.
The superior Military Procuracies shall have to inspect, detect and promptly redress law violations committed by the subordinate Military Procuracies. The directors of the superior Military Procuracies shall be competent to withdraw, suspend or annul groundless and unlawful decisions of the subordinate Military Procuracies.
The Central Military Procuracy, the Military Procuracies of military zones and the equivalent shall set up the Procuracy Committees to discuss and decide by majority on important issues under law provisions.
Article 8.- The director of the Central Military Procuracy shall be a vice-chairman of the Supreme People’s Procuracy, appointed, removed from office or dismissed by the State President at the proposal of the Chairman of the Supreme People’s Procuracy after reaching agreement with the Minister of Defense.
The deputy directors of the Central Military Pocuracy shall be appointed, removed from office or dismissed by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy after reaching agreement with the Minister of Defense.
Procurators of the Central Military Procuracy are procurators of the Supreme People’s Procuracy, appointed, removed from office or dismissed by the State President at the proposal of the Chairman of the Supreme People’s Procuracy.
The directors, deputy directors and procurators of the Military Procuracies of military zones and the equivalent; the directors, deputy directors and procurators of the regional Military Procuracies shall be appointed, removed from office or dismissed by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy
Investigators of the Central Military Procuracy shall be appointed, removed from office or dismissed by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy
The deputy directors shall assist the director, performing tasks assigned by the latter. In cases where the director is absent, a deputy director shall be authorized by the director to direct the work of the concerned Military Procuracy. The deputy directors shall be answerable to the director for the assigned tasks.
Procurators of the Military Procuracies shall perform the tasks assigned by their respective directors according to the Ordinance on Procurators of the People’s Procuracies.
Article 9.- The political agencies of military zones and the equivalent shall, once a year, organize the conference of delegates of armymen in their respective units and other units stationing the same localities for the Military Procuracies of the same level to report on the criminal situation in the army and activities of the Military Procuracies, and answer the delegates’ questions.
The Military Procuracies shall have to answer questions of the People’s Council deputies about their activities related to the localities.
Article 10.- When detecting that decisions, protests, petitions, requests or other acts of procurators or investigators of the Military Procuracies are groundless or contrary to law, State agencies, organizations and people’s armed force units shall have the right to lodge their requests, petitions or complaints; and individuals shall have the right to lodge their petitions, complaints or denunciations, to the directors of the Military Procuracies of the same level or higher level or to the competent State agencies.
Agencies and persons that receive such requests, petitions, complaints or denunciations shall have to settle them and give replies according to law provisions.
It is strictly forbidden to revenge complainants or denouncers or to abuse the right to complaint and denunciation to slander procurators or investigators of the Military Procuracies.
Article 11.- Procurators and investigators of the Military Procuracies must respect people and submit to the latter’s supervision.
When performing their tasks and exercising their powers, procurators and investigators of the Military Procuracies 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, units and individuals shall have to create conditions for procurators and investigators of the Military Procuracies to perform their tasks.
All acts of obstructing procurators and investigators of the Military Procuracies in performing their tasks are strictly prohibited.
Chapter II
WORKS FOR PERFORMANCE OF FUNCTIONS OF THE MILITARY PROCURACIES
Section 1. EXERCISING THE RIGHT TO PROSECUTION AND CONTROLLING THE INVESTIGATION OF CRIMINAL CASES
Article 12.- The Military Procuracies shall exercise the right to prosecution and control law observance in the investigation of criminal cases by investigating agencies and other agencies, which are assigned to conduct a number of investigative activities in the army, in order to ensure that:
1. All criminal acts must be prosecuted, investigated and handled in time, not to omit crimes and criminals or not to cause injustice to innocent people;
2. No one be prosecuted, arrested, kept in custody or detained, have the civil rights restricted, have his/her life, health, properties, freedom, honor or dignity infringed upon illegally.
3. The investigation must be objective, exhaustive, complete, accurate and lawful; law violations in the course of investigation must be detected and redressed in time and handled strictly.
4. The penal liability examination against the accused must have grounds and comply with law.
Article 13.- When exercising their right to prosecution in the investigation period, the Military Procuracies shall have the following tasks and powers:
1. To institute criminal cases and initiate legal action against the accused; to request the investigating agencies to institute criminal cases and initiate legal action against the accused or change decisions thereon;
2. To set investigation requirements and request the investigating agencies to conduct investigation; to directly conduct a number of investigative activities according to the provisions of law;
3. To request the heads of the investigating agencies to replace investigators under law provisions; if the investigators’ acts show criminal signs, to institute criminal cases against such acts;
4. To decide on the application, alteration or cancellation of the measures of arrest, custody, detention or other preventive measures; to approve or disapprove decisions of the investigating agencies under law provisions;
5. To annul unlawful decisions of the investigating agencies;
6. To decide on the prosecution of the accused; to decide on the suspension or temporary suspension of investigation; to suspend or temporarily suspend cases.
Article 14.- When performing the task of controlling investigation, the Military Procuracies shall have the following tasks and powers:
1. To control the case institution, the investigative activities and the compilation of case dossiers by the investigating agencies;
2. To control law observance by the persons involved in legal proceedings;
3. To settle disputes over the investigating competence according to law provisions;
4. To request the investigating agencies to redress law violations in the investigative activities; to request the heads of the investing agencies to strictly handle those investigators who break law while conducting investigations;
5. To propose the concerned agencies, units and organizations to apply measures to prevent crimes and law violations.
Article 15.-
1. The directors, deputy directors and procurators of the Military Procuracies must strictly abide by law provisions and take responsibility for their acts and decisions in case institution, arrest, custody, detention and prosecution, and other decisions according to the provisions of law.
2. The investigating agencies, the concerned agencies, people’s armed force units, organizations and individuals shall have to strictly execute decisions and requirements of the Military Procuracies under law provisions.
Section 2. EXERCISING THE RIGHT TO PROSECUTION AND CONTROLLING THE ADJUDICATION OF CRIMINAL CASES
Article 16.- In the stage of trial of criminal cases, the Military Procuracies shall have to exercise the right to prosecution, ensuring the prosecution of the right persons, for the right offenses and in strict compliance with law, not omitting crimes and criminals; and control the adjudication of criminal cases by the Military Courts so as to ensure that the adjudication comply with law provisions, be conducted in a just and timely manner.
Article 17.- When exercising the right to prosecution in the stage of trial of criminal cases, the Military Procuracies shall have the following tasks and powers:
1. To read the Military Procuracies’ indictments and decisions related to the settlement of cases at court sessions;
2. To indict the defendants at the first-instance court sessions and present their views on case settlement at the appellate court sessions; argue with the counsels and other persons involved in legal proceedings at the first-instance and appellate court sessions;
3. To raise the Military Procuracies’ viewpoints on case settlement at the supervisory and review court sessions.
Article 18.- When carrying out the work of controlling the adjudication of criminal cases, the Military Procuracies shall have the following tasks and powers:
1. To control law observance in adjudicating activities of the Military Procuracies;
2. To control law observance by the persons involved in legal proceedings.
3. To control judgments and decisions of the Military Courts under law provisions;
4. To request the Military Courts of the same level and lower level to transfer dossiers of criminal cases for protest consideration and decision.
Article 19.- When exercising the right to prosecution and controlling the adjudication of criminal cases, the Military Procuracies shall have the right to protest according to the appellate, supervisory or review procedures against judgments and/or decisions of the Military Courts according to the provisions of law; propose the Military Courts of the same level and lower level to redress law violations in adjudication; propose the concerned agencies, units and organizations to apply measures for crime and law violation prevention; and effect criminal institution if criminal signs are detected.
Section 3. CONTROLLING JUDGMENT EXECUTION
Article 20.- The Military Procuracies shall control law observance by the Military Courts, judgment-executing agencies, executors as well as concerned agencies, units, organizations and individuals in the execution of already legally effective judgments and/or decisions, as well as judgments and/or decisions which must be executed immediately under law provisions so as to ensure that such judgments and/or decisions be executed according to law, in a complete and timely manner.
Article 21.- When controlling the judgment execution, the Military Procuracies shall have the following tasks and powers:
1. To request the Military Procuracies, the judgment-executing agencies of the same level and lower level, the executors as well as agencies, units, organizations and individuals related to judgment execution:
a/ To issue judgment-execution decisions strictly according to law provisions;
b/ To inspect by themselves the execution of already legally effective judgments and/or decisions as well as judgments and/or decisions which must be executed immediately under law provisions, and notify the inspection results to the Military Procuracies;
c/ To execute already legally effective judgments and/or decisions as well as judgments and/or decisions which must be executed immediately under law provisions;
d/ To supply dossiers, documents and material evidences related to judgment execution.
2. To directly inspect law observance in judgment execution by the judgment-executing agencies of the same level and lower level, the executors, the concerned agencies, units, organizations and individuals, and the settlement of appeals, petitions and denunciations about judgment execution;
3. To join in consideration of reduction of penalty terms or remission of criminal records;
4. To propose penalty exemption under law provisions;
5. To lodge protests with the Military Procuracies, the judgment-executing agencies of the same level and lower level, the executors, and the agencies, units and/or organizations responsible for judgment execution; to request the execution suspension, the amendment or annulment of law-violating decisions in judgment execution, thus terminating law violations in judgment execution; and effect criminal institution if criminal signs are detected.
Article 22.- The Military Procuracies, the judgment-executing agencies, the executors, the agencies, units, organizations and individuals involved in judgment execution shall have to satisfy the requests mentioned in Clause 1, Article 21 of this Ordinance within 30 days after receiving them.
Regarding the protests mentioned in Clause 5, Article 21 of this Ordinance, the Military Procuracies, the judgment-executing agencies, the executors, the concerned agencies, units, organizations and individuals shall have to give replies within 15 days after receiving them.
Section 4. CONTROLLING THE CUSTODY, DETENTION, PRISONER MANAGEMENT AND EDUCATION
Article 23.- The Military Procuracies shall control law observance in the custody, detention, prisoner management and education by judicial bodies in the army with a view to ensuring that:
1. The custody, detention, prisoner management and education are compliant with law provisions;
2. The regime of custody, detention, prisoner management and education is strictly observed;
3. The life, properties, honor and dignity of the persons kept in custody or detained or prisoners, and other rights of these persons, which are not stripped off by law, are respected.
Article 24.- When controlling the custody, detention, prisoner management and education by the army’s judicial bodies, the Military Procuracies shall have the following tasks and powers:
1. To regularly or irregularly conduct direct control at houses of custody, detention camps or prisons;
2. To examine dossiers and documents of agencies of the same level and lower level, which are responsible for the custody, detention, prisoner management and education, to meet and question the persons kept in custody or detained or prisoners about the custody and detention;
3. To receive and settle complaints and denuncia-tions about the custody, detention, prisoner manage-ment and education;
4. To request agencies of the same level and lower level in charge of the custody, detention, prisoner management and education to look into the custody houses and detention camps, and notify the results to the Military Procuracies;
5. To request agencies of the same level and lower level and responsible persons to notify the situation on the custody, detention, prisoner management and education; and give replies about law-breaking decisions, measures or acts in the custody, detention, prisoner management and education;
6. To lodge protests with the agencies of the same level and lower level, requesting the suspension of execution, amendment or annulment of law-breaking violations in the custody, detention, prisoner management and education, or the termination of law violations as well as the handling of law offenders.
Article 25.- In the course of controlling the custody, detention, prisoner management and education by the army’s judicial bodies, the Military Procuracies shall have to:
1. Detect and promptly handle cases of injustice in the custody, detention, management and education; decide on the immediate release of the persons kept in custody or detained or prisoners if the custody, detention or imprisonment is groundless and contrary to law;
2. When detecting criminal signs in the custody, detention or prisoner management and education, institute or request the investigating agencies to institute criminal cases.
Article 26.- Agencies, units and persons respon-sible for the custody, detention, prisoner management and education must transfer to the Military Procuracies complaints and denunciations of the persons kept in custody or detained or prisoners within 24 hours after receiving such complaints or denunciations.
For the requests mentioned in Clauses 4 and 5 of Article 24 of this Ordinance, the responsible agencies, units and persons must give their replies within 30 days after receiving them.
For decisions mentioned in Clause 1, Article 25 of this Ordinance, the responsible agencies, units or persons must execute them immediately; if disagreeing with such decisions, they shall still have to execute them but may lodge complaints to the immediate superior Military Procuracies. Within 10 days after receiving such complaints, the directors of the imme-diate superior Military Procuracies must settle them.
For the protests mentioned in Clause 6, Article 24 of this Ordinance, the concerned agencies and units shall have to give their replies within 15 days after receiving them; if disagreeing with those protests, the concerned agencies and units may lodge complaints to the immediate superior Military Procuracies; the immediate superior Military Procuracies must settle such complaints within 15 days after receiving them. The decisions of the immediate superior Military Procuracies must be executed.
Chapter III
ORGANIZATION OF THE MILITARY PROCURACIES
Article 27.- The Military Procuracies include the Central Military Procuracy, the Military Procuracies of military zones and the equivalent, and the regional Military Procuracies.
Based on the army’s tasks and organization in each period, the Chairman of the Supreme People’s Procuracy shall reach agreement with the Minister of Defense and submit to the National Assembly Standing Committee for decision on the establishment and dissolution of the Military Procuracies of military zones and the equivalent, and the regional Military Procuracies.
Article 28.-
1. The Central Military Procuracy is included in the structure of the Supreme People’s Procuracy, performing the functions of the Supreme People’s Procuracy in the army.
2. The Central Military Procuracy is composed of the Procuracy Committee, sections and office.
3. The Central Military Procuracy has its director, deputy directors, procurators and investigators.
Article 29.-
1. The Procuracy Committee of the Central Military Procuracy is composed of:
a/ The director;
b/ The deputy directors;
c/ A number of procurators of the Central Military Procuracy, to be decided by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy.
2. The Procuracy Committee of the Central Military Procuracy shall meet under the chairmanship of the director to discuss and decide on the following important issues:
a/ Orientations, tasks, and plans of action of the Military Procuracies;
b/ Reports of the director of the Central Military Procuracy before the Chairman of the Supreme People’s Court and the Minister of Defense, on the work of the Military Procuracies;
c/ Proposals of the Central Military Procuracy on crime prevention and fight in the army, to be sent to the Minister of Defense;
d/ Important criminal cases;
e/ Other important issues as requested by at least one third of the total number of the Procuracy Committee members.
The Procuracy Committee’s resolutions shall be approved only when they are voted for by over a half of the total number of its members; if the votes for and against are equal, the side with the director’s opinion shall prevail. If the director disagrees with the opinion of the majority of the Procuracy Committee’s members, the majority’s decision must be abided by but the director may report his opinion to the Chairman of the Supreme People’s Procuracy.
Article 30.- Based on the laws, decisions and directives of the chairman of the Supreme People’s Procuracy and orders of the Minister of Defense on the army’s tasks, the director of the Central Military Procuracy shall have the following tasks and powers:
1. To direct the performance of tasks and implementation of the work of control, and develop the Military Procuracies all-sidedly; decide on matters related to the control work, which fall beyond the competence of the Procuracy Committee; take responsibility for and report on the control work within the army to the Chairman of the Supreme People’s Procuracy;
2. To guide, direct and inspect the operation of the Military Procuracies of all levels; organize the training and fostering of personnel of the Military Procuracies.
3. To organize the gathering of statistics on crimes in the army;
4. To perform other tasks according to the provisions of law.
Article 31.-
1. The Military Procuracies of military zones and the equivalent are organizationally structured to comprise the Procuracy Committees, departments and assisting apparatuses.
2. The Military Procuracies of military zones and the equivalent have their directors, deputy directors and procurators.
Article 32.-
1. The Procuracy Committee of the Military Procuracy of a military zone or the equivalent is composed of:
a/ The director;
b/ The deputy directors;
c/ A number of procurators of the Military Procuracy of the military zone or the equivalent, which shall be decided by the director of the Central Military Procuracy at the proposal of the director of the Military Procuracy of the military zone or the equivalent.
2. The Procuracy Committees of the Military Procuracies of military zones and the equivalent shall meet under the chairmanship of the directors to discuss and decide on the following important issues:
a/ The implementation of the orientations, tasks and plans of actions of the director of the Central Military Procuracy;
b/ The sum-up reports to the Central Military Procuracy;
c/ The important criminal cases;
d/ Other important issues specified by the Chairman of the Supreme People’s Procuracy and the director of the Central Military Procuracy.
The Procuracy Committee’s resolutions shall be approved only when they are voted for by over a half of the total number of its members; if the votes for and against are equal, the side with the director’s opinion shall prevail. If the director disagrees with the opinion of the majority of the Procuracy Committee’s members, the majority’s decision must be abided by but the director may report his opinion to the director of the Central Military Procuracy.
The directors of the Military Procuracies of military zones and the equivalent shall decide on matters which fall beyond the competence of the Procuracy Committees.
Article 33.-
1. The regional Military Procuracies are composed of their working sections and assisting apparatuses led by the directors and deputy directors.
2. The regional Military Procuracies have their directors, deputy directors and procurators.
Article 34.- The working apparatus of the Central Military Procuracy shall be stipulated by the Chairman of the Supreme People’s Procuracy after reaching agreement with the Minister of Defense and submitting it to the National Assembly Standing Committee for approval.
The working apparatuses of the Military Procuracies of military zones and the equivalent and of the regional Military Procuracies shall be prescribed by the Chairman of the Supreme People’s Procuracy at the proposal of the director of the Central Military Procuracy after reaching agreement with the Minister of Defense.
Chapter IV
PROCURATORS, INVESTIGATORS
Article 35.-
1. Procurators of the Military Procuracies shall be appointed under law provisions to perform the task of exercising the right to prosecution and controlling judicial activities in the army.
2. Investigators of the Central Military Procuracy shall be appointed under law provisions to perform the task of investigating crimes in the army.
Article 36.- Military officers on active service who satisfy all the criteria prescribed by the Ordinance on Procurators of the People’s Procuracies may be appointed to be procurators of the Military Procuracies; and who satisfy all the criteria prescribed by the Ordinance on Organization of Criminal Investigation, may be appointed to be investigators of the Central Military Procuracy.
The concrete criteria, procedures for selection, appointment, removal from office and dismissal of procurators of the Military Procuracies shall comply with the provisions of the Ordinance on Procurators of the People’s Procuracies.
The concrete criteria and procedures for selection, appointment, removal from office and dismissal of investigators of the Central Military Procuracy shall comply with the provisions of the Ordinance on Organization of Criminal Investigation.
Article 37.- The term of office of procurators of the Military Procuracies and investigators of the Central Military Procuracy shall be 5 years.
Article 38.-
1. When performing their tasks and exercising their powers under assignment by the directors, the procurators of the Military Procuracies must abide by law and submit to the personal direction of the directors of the Military Procuracies at the respective levels as well as the uniform leadership of the Chairman of the Supreme People’s Procuracy.
The tasks and powers of procurators of the Military Procuracies shall be provided for by law.
2. When performing their tasks and exercising their powers under assignment by the heads of the investigating agencies, the investigators of the Central Military Procuracy must abide by law and submit to the personal direction of the heads of the investigating agencies and the uniform leadership of the Chairman of the Supreme People’s Procuracy.
The tasks and powers of investigators of the Central Military Procuracy shall be provided for by law.
Article 39.-
1. The directors, deputy directors and procurators of the Military Procuracies and investigators of the Central Military Procuracy must be held responsible before law for the performance of their tasks and the exercise of their powers; if committing acts of law violation, 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, procurators of the Military Procuracies and/or investigators of the Central Military Procuracy cause damage while performing their tasks and/or exercising their powers, the Military Procuracies where those persons work shall have to pay compensations and the persons having caused the damage shall have to make redemption to the Military Procuracies under law provisions.
Chapter V
ENSURING OPERATIONS OF THE MILITARY PROCURACIES
Article 40.- The payroll, number of procurators and investigators of the Military Procuracies shall be decided by the National Assembly Standing Committee at the proposal of the Chairman of the Supreme People’s Procuracy after reaching agreement with the Minister of Defense.
Article 41.- Armymen, defense employees and workers working at the Military Procuracies shall have the rights and obligations under the army’s regime; and enjoy allowances prescribed for the procuracy sector.
The identity cards and preferential treatment regime for procurators of the Military Procuracies and investigators of the Central Military Procuracy when performing their duties shall be provided for by the National Assembly Standing Committee.
Article 42.-
1. The operation funding of the Military Procuracies shall be estimated by the Ministry of Defense in coordination with the Supreme People’s Procuracy and proposed to the Government for submission to the National Assembly for decision.
2. The management, allocation and use of the operation funding of the Military Procuracies shall comply with the State budget legislation.
3. The State shall give priority to investment in the development of information technology and other means to ensure that the Military Procuracies well perform their functions and tasks.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 43.- This Ordinance takes effect as from November 15, 2002.
This Ordinance replaces the April 26, 1993 Ordinance on Organization of the Military Procuracies.
The previous regulations contrary to this Ordinance are hereby annulled.
Article 44.- The Government and the Supreme People’s Procuracy shall, within the ambit of their respective functions and tasks, have to guide the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE CHAIRMAN Nguyen Van An |
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