Standards for Appointing Chiefs of Investigation Agencies of the Supreme People's Procuracy from June 10, 2024
Standards for Appointing the Head of the Investigation Agency of the Supreme People's Procuracy from June 10, 2024
On April 24, 2024, the Director of the Supreme People's Procuracy issued Circular 01/2024/TT-VKSTC, regulating the appointment, reappointment, dismissal, and removal of the Head, Deputy Head, Investigators, and Investigation Officers under the Investigation Agency of the Supreme People's Procuracy.
Article 7 of Circular 01/2024/TT-VKSTC, effective from June 10, 2024, stipulates the standards and conditions for appointing the Head of the Investigation Agency of the Supreme People's Procuracy. Accordingly, individuals meeting the following criteria may be appointed as the Head of the Investigation Agency of the Supreme People's Procuracy:
- Must be a Senior Investigator, except for special cases as decided by the competent authority.- Must be planned for the appointment position if the source is internal personnel, or planned for an equivalent position if sourced from elsewhere.- Must have held the current position or an equivalent position for at least 2 years for higher-level appointments, unless otherwise decided by competent authority.- Must have a complete dossier as prescribed in Article 17 of Circular 01/2024/TT-VKSTC.- Must meet age conditions for appointment:+ Civil servants and officers nominated for their first leadership or higher management positions must be of sufficient age to serve their full term. Special cases are subject to the competent authority's consideration.+ For reappointment or transfer to equivalent or lower positions, age conditions as stipulated in point a, clause 5, Article 7 of Circular 01/2024/TT-VKSTC do not apply.+ The age conditions for the appointments of the Heads and Deputy Heads of the Investigation Agency of the Central Military Procuracy are implemented according to the 1999 Law on Officers of the Vietnam People's Army and regulations of the Ministry of Defense.- Must be in good health to fulfill assigned responsibilities and duties.- Must not belong to individuals prohibited from holding office; not subject to disciplinary action, and not in the period of implementing regulations related to discipline as stipulated by the Communist Party and the law.- Individuals disciplined while holding office are not eligible for higher appointments within the period prescribed by the Communist Party and the law.
Standards for Appointing the Head of the Investigation Agency of the Supreme People's Procuracy from June 10, 2024 (Image from Internet)
Procedures for Appointing the Head of the Investigation Agency of the Supreme People's Procuracy for External Personnel
Article 11 of Circular 01/2024/TT-VKSTC stipulates the procedures for appointing the Head of the Investigation Agency of the Supreme People's Procuracy for external personnel as follows:
After the Supreme People's Procuracy Party Committee's policy is established, the Personnel Department proceeds with the procedures (notification) for personnel recommendation and carries out the following tasks:
- Step 1: Discuss and consult with the Communist Party committee and the leadership collective of the Investigation Agency on the mobilization, reception, and appointment policy.- Step 2: (1) Discuss and consult with the leadership collective and the Party committee where the personnel is working on the mobilization, reception, and appointment policy (the recommended personnel must achieve more than 50% of the total votes; in case of a 50% vote tie, the decision lies with the head); obtain evaluations and assessments from the local area, agency, unit along with the necessary personnel dossiers as required. (2) Meet with the personnel to discuss the job requirements.- Step 3: Lead and cooperate with relevant agencies to appraise the personnel and prepare a submission report for the competent authority's review and decision.
If the personnel meets the standards, conditions and fulfills mobilization requirements, but there are differing or unresolved opinions from the local area, agency, unit (where the personnel is working or receiving) or from the personnel, the advisory unit on organization and personnel should compile all opinions and submit to the competent authority for decision according to authority.
Who Appoints the Head of the Investigation Agency of the Supreme People's Procuracy?
Article 91 of the Law on the Organization of People's Procuracies 2014 stipulates as follows:
Article 91. Head and Deputy Head of the Investigation Agency of the Supreme People's Procuracy, Central Military Procuracy
1. The Head and Deputy Head of the Investigation Agency of the Supreme People's Procuracy, Central Military Procuracy are appointed, dismissed, or removed by the Director of the Supreme People's Procuracy.
2. The Head and Deputy Head of the Investigation Agency of the Supreme People's Procuracy are accountable to the law and the Director of the Supreme People's Procuracy for the performance of their duties and powers.
3. The Head and Deputy Head of the Investigation Agency of the Central Military Procuracy are accountable to the law, the Director of the Central Military Procuracy, and the Director of the Supreme People's Procuracy for the performance of their duties and powers.
Thus, the Head of the Investigation Agency of the Supreme People's Procuracy is appointed by the Director of the Supreme People's Procuracy.
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