To be Appointed as a Prosecutor of the Supreme People's Procuracy, How Long Do You Need to Have Served as a Senior Prosecutor?
How long must one serve as a senior prosecutor to be appointed as a prosecutor of the Supreme People's Procuracy?
According to Article 80 of the Law on the Organization of the People's Procuracies 2014 regarding the standards for appointing Prosecutors of the Supreme People’s Procuracy as follows:
Standards for appointing Prosecutors of the Supreme People’s Procuracy
1. A person who meets the standards specified in Article 75 of this Law and has the following conditions may be selected and appointed as a Prosecutor of the Supreme People’s Procuracy:
a) Has served as a senior prosecutor for at least 05 years;
b) Has the capacity to direct and manage the exercise of the right to prosecute, supervise judicial activities of the Supreme People’s Procuracy;
c) Has the ability to handle important matters within the competence of the Supreme People’s Procuracy.
2. In cases where there is a need for staff of the People’s Procuracy, a person who has been working in the legal field for 20 years or more, and meets the standards set out in Article 75 of this Law, points (b) and (c) of clause 1 of this Article, may be selected and appointed as a Prosecutor of the Supreme People’s Procuracy.
Therefore, one must serve as a senior prosecutor for at least 05 years to be appointed as a Prosecutor of the Supreme People’s Procuracy.
How long must one serve as a senior prosecutor to be appointed as a prosecutor of the Supreme People's Procuracy?
How is appointing a Supreme People's Procuracy prosecutor in special cases regulated?
According to Article 81 of the Law on the Organization of the People's Procuracies 2014, in special cases, even if the required time serving as a senior prosecutor is not met, one can still be appointed as a Prosecutor of the Supreme People’s Procuracy under the following conditions:
Appointing Prosecutors in special cases
In special cases, a person being transferred by a competent authority or organization to serve as a leader of the People’s Procuracies at all levels, although he/she has not served the required time as a junior prosecutor, intermediate prosecutor, senior prosecutor, or has not had the required legal working experience time, but meets the standards set out in Article 75 and the conditions specified in clause 2 of Article 77, point (b) and point (c) of clause 1 of Articles 78, 79, and 80 of this Law, may still be selected and appointed as a junior prosecutor, intermediate prosecutor, senior prosecutor, or a prosecutor of the Supreme People’s Procuracy.
A person being transferred by a competent authority or organization to serve as a leader of the People’s Procuracies at all levels, although he/she has not served the required time as a junior prosecutor, intermediate prosecutor, senior prosecutor, or has not had the required legal working experience time, but meets the standards set out in Article 75 and the conditions specified in clause 2 of Article 77, point (b) and point (c) of clause 1 of Articles 78, 79, and 80 of the Law on the Organization of the People's Procuracies 2014, may still be selected and appointed as a junior prosecutor, intermediate prosecutor, senior prosecutor, or a prosecutor of the Supreme People’s Procuracy.
How is the selection council for the Supreme People's Procuracy prosecutors organized?
According to Article 86 of the Law on the Organization of the People's Procuracies 2014, the Selection Council for Prosecutors of the Supreme People’s Procuracy is organized as follows:
- The Chairperson is the Chief Procurator of the Supreme People’s Procuracy
- Members include representatives from the Ministry of National Defense, Ministry of Home Affairs, Central Committee of the Vietnam Fatherland Front, and the Central Association of Vietnamese Lawyers.
The list of members of the Selection Council for Prosecutors of the Supreme People’s Procuracy is decided by the Standing Committee of the National Assembly based on the proposal of the Chief Procurator of the Supreme People’s Procuracy.
The Selection Council for Prosecutors of the Supreme People’s Procuracy works on a collective basis. The decision of the Selection Council must be approved by more than half of the total number of members present. The Council has the following duties and powers:
- Select qualified individuals for the position of Prosecutor of the Supreme People’s Procuracy based on the proposal of the Supervisory Board of the Supreme People’s Procuracy for the Chief Procurator to submit to the President for appointment;
- Consider cases where Prosecutors of the Supreme People’s Procuracy can be relieved of their titles as prescribed in clause 2 of Article 88 of this Law based on the proposal of the Supervisory Board of the Supreme People’s Procuracy for the Chief Procurator to submit to the President for dismissal;
- Consider cases where Prosecutors of the Supreme People’s Procuracy might be dismissed as prescribed in clause 2 of Article 89 of this Law based on the proposal of the Supervisory Board of the Supreme People’s Procuracy for the Chief Procurator to submit to the President for dismissal.
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