Ordinance No. 15/2011/UBTVQH12 dated March 04, 2011 of the Standing Committee of National Assembly rdinance amending and supplementing a number of Articles of the Ordinance on Procurator of the People's Procuracies

THE PRESIDENT

Order No. 02/2011/L-CTN of March 4, 2011, on the promulgation of ordinance

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 200] of the X"' National Assembly at its 10^th  session;

Pursuant to Article 19 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Ordinance Amending and Supplemen­ting a Number of Articles of the Ordinance on Procurators of the People's Procuracies,

which was adopted by the Standing Committee of the XII^th National Assembly of  the Socialist Republic of Vietnam on February l9, 2011.

President of the Socialist Republic of Vietnam

NGUYEN MINH TRIET

Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Procurator of the People's Procuracies      

(No. 15/2011/UBTVQH12)     

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2011/QH10;     

Pursuant to Law No. 34/20024&H10 on Organization of the People's Procuracies;

Pursuant to the National Assembly's Resolution No, 27/2008/QH12 of November 15, 2008, on the 2009 law- and ordinance-making program and the addition to the law  and ordinance-making program of the XII^th National Assembly (2007-2011);

The National Assembly Standing Committee promulgates the Ordinance Amending and Supplementing a Number of Articles of Ordinance No. 03/2002/PL-U BTVQH11 on Procurators of the People's Procuracies.

Article 1. To amend and supplement a number of articles of the Ordinance on Procurators of the People's Procuracies

1. To amend and supplement Article 3 as follows:

"Article 3.

1. The procurators of the People's Procuracies in the Socialist Republic of Vietnam  include:

a/ The Supreme People’s Procuracy procurators:

b/ Intermediate-level procurators and primary-level procurators of the People's Procuracies;

c/ Miliary Procuracy procurators, including the Central Military Procuracy procurators who are concurrently  the Supreme People's Procuracy procurators, intermediate-level procurators and primary-level procurators of the Military Procuracies.

2. Each Procuracy level shall be staffed with procurators of different ranks. The numbers of procurators of the Supreme People's Procuracy, intermediate-level procurators and primary-level procurator of the People's Procuracies shall be decided by the National Assembly Standing Committee at the proposal of the Director of the Supreme People's Procuracy."

2, To amend and supplement Article 18 as follows:

“Article 18.

Persons who are fully qualified under Article 2 of this Ordinance, have performed legal work for four years or more and have capability to exercise the prosecution right and to procurate judiciary activities may be recruited and appointed to be primary-level procurators of the People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be primary-level procurators of the Military Procuracies."

3. To amend and supplement Article 19 as follows:

"Article 19.

1. Persons who are fully qualified under Article 2 of this Ordinance and have worked as primary-level procurators for at least five years, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance to primary-level procurators, may be recruited and appointed to be intermediate-level procurators of the People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be intermediate-level procurators of the Military Procuracy.

2. If due to personnel demands of the People's Procuracy sector, persons who are fully qualified under Article 2 of this Ordinance and have performed legal work for ten years or more, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance to primary-level procurators, may be recruited and appointed to be intermediate-level procurators of the People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be intermediate-level procurators of the Military Procuracy."

4. To amend and supplement Article 20 as follows:

"Article 20.

1. Persons who are fully qualified under Article 2 of this Ordinance and have worked as intermediate-level procurators for at least five years, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance for primary- and intermediate-level procurators, can be recruited and appointed to be Supreme People's Procuray procurators; if they are army officers on active service, they may be recruited and appointed to be Central Military Procuracy procurators.

2. If due to personnel demands of the People's Procuracy sector, persons who are fully qualified under Article 2 of this Ordinance and have performed legal work for fifteen years or more, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance for primary- and intermediate-level prosecutors, may be recruited and appointed to be procurators of the Supreme People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be procurators of the Central Military Procuracy."

5. To amend and supplement Article 21 as follows:

"Article 21.

In case of necessity, persons who are working in the People's Procuracy sector, or persons who are transferred by competent agencies or organizations to work in the People's Procuracy sector as primary- or intermediate-level procurators or to perform legal work even for an insufficient duration, but satisfy the criteria defined in Article 18,19 or 20 of this Ordinance, may also be recruited and appointed to be primary- or intermediate-level procurators of the People's Procuracy or procurators of the Supreme People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be primary- or intermediate-level procurators of the Military Procuracy or procurators of the Central Military Procuracy."

6. To amend and supplement Article 22 as follows:

"Article 22.

1. The People's Procuracy Procurator-Recruiting Councils include:

a/ The Supreme People's Procuracy Procurator and Central Military Procuracy Procurator Recruiting Council;

b/The People's Procuracy Intermediate- and Primary-Level Procurator Recruiting Councils;

c/The Military Procuracy Intermediate- and Primary-Level Procurator Recruiting Councils;

2. The Procurator Recruiting Councils shall work under the collective regime. Decisions of Procurator Recruiting Councils must be voted for by more than half of the total number of voting members."

7. To amend and supplement Article 24 as follows:

"Article 24.

1. A People's Procuracy Intermediate- and Primary-Level Procurator Recruiting Council is composed of its President being the Chairperson or Vice-Chairperson of the provincial-level People's Council and its members who are the Director of the provincial-level People's Procuracy and representatives of the leaderships
of the provincial-level Home Affairs Department and Vietnam Fatherland Front Committee and Executive Committee of the provincial-level Lawyers' Association.

The lists of members of the People's Procuracy Intermediate and Primary-Level Procurator Recruiting Councils shall-fee decided by the Director of the Supreme People's Procuracy at the proposal of the Chairpersons of the provincial-level People's Councils.

2. The People's Procuracy Intermediate and Primary-Level Procurator Recruiting Councils have the following tasks and powers:

a/ To recruit fully qualified persons to be intermediate- or primary-level procurators of the People's Procuracy at the proposal of the Procuratory Committees of the provincial-level People's Procuracies for the Council Presidents to propose the Director of the Supreme People's Procuracy to appoint them;

b/ To consider cases where People's Procuracy intermediate- or primary-level procurators may be relieved of duty under Clause 2, Article 27 of this Ordinance at the proposal of  the Procuratory Committees of the provincial -level People's Procuracies for the Council Presidents to propose the Director of the Supreme People's Procuracy to relieve them;

c/  To consider cases where People's Procuracy intermediate- or primary-level procurators may be dismissed under Clause 2, Article 28 of   this Ordinance at the proposal of the Procuratory Committees of the provincial-level People’s  Procuracies for the Council Presided to propose the Director of the Supreme People's Procuracy to dismiss them."

8. To amend and supplement Article 25 as follows:

"Article 25.

l. The Military Procuracy Intermediate- and Primary- Level Procurator Recruiting Council is composed of its President who is the Director of the Central Military Procuracy, and its member who are representatives of the leadership of the Ministry of National Defense, the Ministry of Home Affairs, the Vietnam Fatherland Front Central Committee and the Vietnam Lawyers Association Central Committee.

The list of members of the Military Procuracy Secondary- and Primary-Level Proscurator Recruiting Council shall be decided by the Director of the Supreme People's Procuracy at the proposal of the Director of the Central Military Procuracy.

2. The Military Procuracy Intermediate- and Primary-Level Procurator Recruiting Council has the following tasks and powers:

a/ To recruit fully qualified persons to be Military Procuracy intermediate- or primary-level procurators at the proposal of the Procuratory Committees of the Military Procuracies of military zones or equivalent level for the Director of the Central Military Procuracy to propose the Director of the Supreme People's Procuracy to appoint them;

b/ To consider cases where Military Procuracy intermediate- or primary-level procurators may be relieved of duty under Clause 2, Article 27 of this Ordinance at the proposal of the Procuratory Committees of the Military Procuracies of military zones or equivalent level for the Director of the Central Military Procuracy to propose the Director of the Supreme People's Procuracy to relieve them;

c/ To consider cases where Military Procuracy intermediate or primary-level procurators may be dismissed under Clause 2, Article 28 of this Ordinance at the proposal of the Procuratory Committees of the Military Procuracies of military zones or equivalent level for the Director of the Central Military Procuracy to propose the Director of the Supreme People's Procuracy to dismiss them."

9. To amend and supplement Article 30 as follows:

"Article 30.

1. The Director of the Supreme People's Procuracy may decide:

a/ To transfer procurators from one local People's Procuracy to another not in the same province or centrally run city; to transfer procurators from the Supreme People's Procuracy to local People's Procuracies and vice versa;

b/ To second procurators from one local People's Procuracy to another not in the same province or centrally run city for a definite duration; to second procurators from the Supreme People's Procuracy to local People's Procuracies for a definite duration and vice versa;

c/ When necessary, to transfer or second procurators from one People's Procuracy to another in the same province or centrally run city.

2. The Directors of provincial-level People's Procuracies may decide:

a/ To transfer procurators from one People's Procuracy to another in the same province or centrally run city;

b/ To second procurators from one People's Procuracy to another in the same province or centrally run city for a definite duration ,

3. The Minister of National Defense may decide:

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

b/ To second procurators from one Military Procuracy at another for a definite duration."

Article 2.

1. This Ordinance takes effect on July 1, 2011.

2. The Government and the Supreme People's Procuracy shall, within the ambit of their respective tasks and powers, guide the implementation of this Ordinance.-

On behalf of the National Assembly Standing Committee

Chairman

NGUYEN PHU TRONG