What are the procedures for appointment of the Chief Officer of the Supreme People's Procuracy Investigative Agency for in-house staff under the latest regulations in Vietnam? - Xuan Thang (HCMC)
Procedures for appointment of the Chief Officer of the Supreme People's Procuracy Investigative Agency for in-house staff in Vietnam (Internet image)
Regarding this matter, LawNet would like to answer as follows:
Based on Article 10 of Circular 01/2024/TT-VKSTC, which comes into force from June 10, 2024, the procedures for the appointment of the Chief Officer of the Supreme People's Procuracy Investigative Agency for in-house staff in Vietnam are as follows:
The procedures consist of 5 steps; each conference can only be held when at least 2/3 of the summoned individuals are present. If the introduced staff express their desire to withdraw at any step of the appointment process, the leaders and Standing Committee of the Party Committee of the Investigative Agency will consider and decide on that step at the conference. The ballot will be sealed with the stamp of the Investigative Agency.
Step 1: Conference of the Standing Committee of the Party Committee and collective leadership (first round)
Based on the work requirements of the Investigative Agency, the approved planning, and the collective leadership, the Standing Committee of the Party Committee of the Investigative Agency organizes a conference to discuss and propose the principles regarding the structure, the number of personnel meeting the criteria and conditions; and comment, evaluate outstanding personnel and submit report to the Personnel Organization Department for review and comments before presenting to the leaders of the Supreme People's Procuracy responsible for the unit, seeking guidance before presenting to the Party Committee's Executive Board of the Supreme People's Procuracy for consideration and decision on the comprehensive plan. The results of the discussion and proposals will be recorded in the minutes.
Participants: Standing Committee of the Party Committee, Leaders of the Investigative Agency.
Step 2: Expanded Conference of the Standing Committee of the Party Committee and collective leadership
After obtaining the direction of the Party Committee's Executive Board of the Supreme People's Procuracy, the leaders and the Standing Committee of the Party Committee of the Investigative Agency coordinated with the Personnel Organization Department to organize the conference. The conference chairperson will discuss the staff appointment orientation and introduce personnel who meet the requirements of the Investigative Agency. The staff will be discussed and introduced through secret ballots.
Participants: the Standing Committee of the Party Committee, collective leadership of the Investigative Agency, Heads of Departments or equivalent positions. If there is no Department Head, a Deputy Department Head will be assigned to participate.
Principles of introduction and selection: Each member introduces one person for a position. The person who receives the highest number of affirmative votes among more than 50% of the total summoned individuals will be selected. In the event that no one achieves more than 50% of the recommended votes, all individuals with votes above 30% will be introduced in the next step. If no one receives votes above 30%, the subsequent steps will not be implemented. The leaders and the Standing Committee of the Party Committee of the Investigative Agency will convene, discuss, report to the leaders of the Supreme People's Procuracy responsible for the unit, and seek guidance.
The conference carries out the voting process and records the votes. The Personnel Organization Department will witness the voting process (the voting results will not be announced at this conference).
Step 3: Conference of the Standing Committee of the Party Committee and collective leadership (second round)
Based on the results of the personnel introduction in Step 2, the conference will discuss and introduce personnel through secret ballots.
Participants: Same as specified in Step 1.
Principles of introduction and selection: Each member introduces one person for a position among the personnel introduced in Step 2 or introduces other staff who meet the criteria and conditions as regulated. The person who receives the highest number of votes, above 50% of the total summoned individuals, will be selected. In the event that no one achieves more than 50% of the recommended votes, all individuals with votes above 30% will be introduced in the next step. If no one receives votes above 30%, the subsequent steps will not be implemented. The leaders and the Standing Committee of the Party Committee of the Investigative Agency will convene, discuss, report to the leadership of the Supreme People's Procuracy responsible for the unit, and seek guidance.
The conference carries out the voting process and records the votes. The Personnel Organization Department will witness the voting process (the voting results will be announced at this conference).
If the results of the personnel introduction in this step differ from the results of the personnel introduction in Step 2, the leaders and the Standing Committee of the Party Committee of the Investigative Agency will convene, discuss, report, and explain to the Party Committee's Executive Board of the Supreme People's Procuracy for consideration and guidance before proceeding with the next steps.
Step 4: Conference of Key Officials of the Investigative Agency
Organize a consultation to gather opinions on staff recommendations based on the list introduced in step 3.
Participants: Standing Committee of the Party Committee, collective leadership of the Investigative Agency; Heads of Departments, Deputy Heads of Departments, and equivalents; Senior Investigators and equivalents, Intermediate Investigators and equivalents; Heads of delegations of the Investigative Agency.
- Representatives of the leadership of the Investigative Agency announce the orientation, structure, criteria, requirements, and capabilities to meet the mission requirements of officials, as well as the list of personnel introduced in step 3. They provide a summary of the biographies, academic backgrounds, work experiences, comments, evaluations of strengths, weaknesses, and prospects for development, as well as the expected assignments.
- The person being recommended presents their action plan.
- The conference chairperson or an assigned person reads the asset declaration (the latest asset declaration) and the Conclusion of Asset Verification and Income (if available).
- The conference discusses and solicits opinions.
- Principles of recommendation and selection: Each member recommends one person for a position from the staff list introduced in step 2 or recommends other personnel who meet the prescribed criteria and requirements. The person who receives the highest number of votes, which is more than 50% of the total number of people summoned, will be selected. In the event that no one receives over 50% of the votes, all individuals who receive votes of 30% or more will be recommended for the next step. If no one receives 30% of the votes, the subsequent steps will not be carried out. The leaders and the Standing Committee of the Party Committee of the Investigative Agency hold meetings and discussions and report to the leadership of the Supreme People's Procuracy responsible for the unit for examination and guidance.
- The conference elects an inspection team and conducts voting. The Personnel Organization Department witnesses the vote count (the voting results are not announced at this conference).
Step 5: Conference of the Standing Committee of the Party Committee and Collective Leadership (Third Time)
Based on the results of steps 1, 2, 3, and 4, the leaders and the Standing Committee of the Party Committee of the Investigative Agency discuss and cast secret ballots on staff matters.
Participants: Same as specified in step 1.
Selection principle: The person who receives the highest number of votes, which is more than 50% of the total number of people summoned, will be selected for recommendation and appointment. In the case of two individuals receiving an equal number of votes at a 50% ratio, the person in the higher position will consider and select the staff to propose, while fully reporting the diverse opinions to the leaders of the Supreme People's Procuracy responsible for the unit for examination and decision-making.
- The conference elects an inspection team and conducts voting. The Personnel Organization Department witnesses the vote count (the voting results are announced at this conference).
- Analyze the voting results at the conferences; verify and conclude any new issues that arise (if any).
After completing step 5, the Personnel Organization Department prepares a document requesting the opinion of the Standing Committee of the Party Committee of the Supreme People's Procuracy regarding the appointment and conclusion on the political criteria for the proposed staff. The Party Committee's Executive Board of the Supreme People's Procuracy convenes a meeting to examine and decide on the appointment, and the Chief Prosecutor of the Supreme People's Procuracy makes the appointment decision.
Duong Thi Hoai Nhi
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