Procurator General of the Supreme People's Procuracy: Who Elects? What is the Election Procedure According to Current Regulations?
Who Elects the Prosecutor General of the Supreme People's Procuracy?
Based on Clause 7, Article 70 of the 2013 Constitution, it is stipulated as follows:
The National Assembly has the following duties and powers:
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7. Elect, dismiss, and remove from office the President, Vice President, Chairperson of the National Assembly, Vice Chairpersons of the National Assembly, members of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairs of the Committees of the National Assembly, the Prime Minister of the Government of Vietnam, Chief Justice of the Supreme People's Court,** Prosecutor General of the Supreme People's Procuracy, Chairperson of the National Election Council, State Auditor General, and heads of other agencies established by the National Assembly; approve the appointment, dismissal, and removal of Deputy Prime Ministers, Ministers, and other members of the Government of Vietnam, justices of the Supreme People's Court; approve the list of members of the National Defense and Security Council, the National Election Council.
After being elected, the President, Chairperson of the National Assembly, Prime Minister of the Government of Vietnam, and Chief Justice of the Supreme People's Court must take an oath of allegiance to the Fatherland, People, and Constitution;
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The Prosecutor General of the Supreme People's Procuracy is elected by the National Assembly.
Who Elects the Prosecutor General of the Supreme People's Procuracy? How is the election process conducted according to current regulations?
What are the Duties and Powers of the Prosecutor General of the Supreme People's Procuracy?
Based on Article 63 of the 2014 Law on the Organization of the People's Procuracy, which stipulates the duties and powers of the Prosecutor General of the Supreme People's Procuracy as follows:
- Lead, direct, guide, inspect, and monitor the implementation of tasks, work plans, and the construction of the People's Procuracy; decide on issues related to the work of the Supreme People's Procuracy.
- Issue circulars, decisions, directives, regulations, rules, and policies applicable to the People's Procuracy.
- Regulate the working apparatus of the Supreme People's Procuracy and present it to the Standing Committee of the National Assembly for approval; decide on the working apparatus of lower-level procuracies; regulate the working apparatus of military procuracies after reaching consensus with the Minister of National Defense and presenting it to the Standing Committee of the National Assembly for approval.
- Present to the President the appointment, dismissal, and removal of Deputy Prosecutors General of the Supreme People's Procuracy, and Prosecutors of the Supreme People's Procuracy.
- Appoint, dismiss, and remove senior, intermediate, and junior prosecutors, as well as investigators and inspectors at various levels.
- Appoint, dismiss, and remove leadership and management positions within their authority.
- Propose the formulation of laws and ordinances; direct the drafting and submission of laws and ordinances according to legal regulations; request the Standing Committee of the National Assembly to interpret the Constitution, laws, and ordinances.
- Present their opinions to the President on cases where convicts are seeking commutation of death sentences.
- Direct and organize the summarization of experiences in public prosecution and judicial inspection activities of the People's Procuracy.
- Participate in sessions of the Council of Judges of the Supreme People's Court discussing unified application of the law.
- Propose recommendations to the Government of Vietnam, ministries, and central authorities regarding crime prevention and law enforcement.
- Be responsible and report on work to the National Assembly; when the National Assembly is not in session, be responsible and report on work to the Standing Committee of the National Assembly and the President; respond to questions, recommendations, and requests from National Assembly deputies.
- Perform other duties and powers as stipulated by law.
What is the Term of the Prosecutor General of the Supreme People's Procuracy?
Based on Article 62 of the 2014 Law on the Organization of the People's Procuracy, it is stipulated as follows:
Prosecutor General of the Supreme People's Procuracy
1. The Prosecutor General of the Supreme People's Procuracy is elected, dismissed, and removed from office by the National Assembly following a proposal from the President.
2. The term of the Prosecutor General of the Supreme People's Procuracy coincides with the term of the National Assembly. When the National Assembly's term ends, the Prosecutor General of the Supreme People's Procuracy continues to perform their duties until the newly elected National Assembly appoints a new Prosecutor General of the Supreme People's Procuracy.
The term of the Prosecutor General of the Supreme People's Procuracy coincides with the term of the National Assembly.
When the National Assembly's term ends, the Prosecutor General of the Supreme People's Procuracy continues to perform their duties until the newly elected National Assembly appoints a new Prosecutor General of the Supreme People's Procuracy.
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