Standards for Appointing Prosecutors of the Supreme People's Procuracy: What Are They? What Is the Appointment Procedure?
What is the procedure for appointing a Prosecutor of the Supreme People's Procuracy?
Based on the Appointment Process of Prosecutors of the Supreme People's Procuracy issued together with the Regulations on the appointment, re-appointment, transfer, rotation, secondment, resignation, removal, and dismissal of officials in the People's Procuracy sector according to Decision 400/QD-VKSTC in 2021 by the Prosecutor General of the Supreme People's Procuracy.
Step 1: The Party Committee of the Supreme People's Procuracy, based on the quota of the number of Prosecutors of the Supreme People's Procuracy, determines the policy, structure, and personnel for appointment.
Step 2: The Personnel Department advises on the implementation plan of the selection process, appointment documents; collects complaints, denunciations, and relevant documents related to the appointment (if any) to report to the Party Committee of the Supreme People's Procuracy for consideration.
Step 3: The official subject to appointment writes a self-assessment report within the recent 3 years of work on: Compliance with the lines, policies, and guidelines of the Communist Party, the laws of the State; political qualities, ethics, lifestyle, working style, and habits; responsibility and coordination in task performance; attitude towards serving the people; progress and results in task performance.
Step 4: The unit with the official subject to appointment holds a plenary meeting to gather opinions and a vote of confidence, supervised by the Personnel Department. Before the vote, the person proposed for appointment self-assesses and reports work results. A vote of confidence above 50% of the meeting attendees is required to proceed with further steps.
- The leadership and Party Committee of the unit meet to comment, evaluate, and vote to give opinions on the appointment.
- The Party Executive Committee of the agency where the official works organizes a meeting to comment and take a vote of confidence.
- The Supreme People's Procuracy conducts a confidence vote among key officials; the voting participants include:
+ The Prosecutor General, Deputy Prosecutor General of the Supreme People's Procuracy;+ The Prosecutor General, Deputy Prosecutor General of the Central Military Procuracy;+ Prosecutors of the Supreme People's Procuracy;+ Members of the Standing Committee of the Party Committee of the Supreme People's Procuracy;+ The Prosecutor General, Deputy Prosecutor General of the High-level People's Procuracy;+ Department Directors, Deputy Department Directors, and equivalent levels under the Supreme People's Procuracy;+ Provincial People's Procuracy Prosecutors General;+ Regional Military Procuracy Prosecutors General and equivalents under the Central Military Procuracy;+ Senior Prosecutors, Senior Investigators working at various levels of the People's Procuracy.
Step 5: The Personnel Department completes the appointment documents, submits them to the Procuracy Committee of the Supreme People's Procuracy for examination and selection, then reports the results to the Party Committee of the Supreme People's Procuracy.
Step 6: The Procuracy Committee of the Supreme People's Procuracy submits to the Selection Council of the Prosecutors of the Supreme People's Procuracy for consideration and selection, so that the Prosecutor General of the Supreme People's Procuracy can propose the appointment to the President.
Thus, the procedure for appointing a Prosecutor of the Supreme People's Procuracy is carried out according to the steps outlined above.
What are the standards for appointing a Prosecutor of the Supreme People's Procuracy? What is the appointment procedure? (Image from the Internet)
What are the standards for appointing a Prosecutor of the Supreme People's Procuracy?
Based on the stipulations in Article 80 of the Law on Organization of the People's Procuracy 2014, the regulations are as follows:
Standards for appointing a Prosecutor of the Supreme People's Procuracy
1. Persons meeting the standards stipulated in Article 75 of this Law and fulfilling the following conditions may be selected and appointed as Prosecutors of the Supreme People's Procuracy:
a) Have been a Senior Prosecutor for at least 5 years;
b) Possess abilities in directing and managing the prosecution and judicial supervision activities of the Supreme People's Procuracy;
c) Have the ability to address significant issues within the jurisdiction of the Supreme People's Procuracy.
2. In cases where there is a need for personnel in the People's Procuracy, persons who have worked in the legal field for at least 20 years and meet the standards stipulated in Article 75 of this Law, and criteria b and c of Clause 1 of this Article, may be selected and appointed as Prosecutors of the Supreme People's Procuracy.
Thus, according to the aforementioned regulations, the standards for appointing a Prosecutor of the Supreme People's Procuracy include:
- Meeting the following standards:
+ Being a Vietnamese citizen loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, possessing good ethical qualities, being honest, incorruptible, and politically steadfast, with a resolute spirit to uphold socialist legality.
+ Holding at least a bachelor's degree in law.
+ Having received training in prosecutorial practice.
+ Having practical work experience as stipulated by this Law.
+ Being in good health to fulfill assigned tasks.
- Fulfilling the following conditions:
+ Having been a Senior Prosecutor for at least 5 years;
+ Possessing abilities in directing and managing the prosecution and judicial supervision activities of the Supreme People's Procuracy;
+ Having the ability to address significant issues within the jurisdiction of the Supreme People's Procuracy.
What should the Prosecutor of the Supreme People's Procuracy not do?
According to the stipulations in Article 84 of the Law on Organization of the People's Procuracy 2014, the regulations are as follows:
Prohibited acts for Prosecutors
1. Acts that the law prescribes officials are not allowed to do.
2. Advising detainees, arrested persons, defendants, accused persons, litigants, or other participants in the legal proceedings in a way that renders the case resolution not conformable to the law.
3. Interfering in case resolutions or using one's influence to affect persons responsible for resolving cases.
4. Removing case files and documents from the agency for non-assigned tasks or without the authorization of a competent person.
5. Meeting with defendants, accused persons, litigants, or other participants in the legal proceedings outside the designated location for the case they are authorized to handle.
Thus, according to the aforementioned regulations, the Prosecutor of the Supreme People's Procuracy is prohibited from doing the following:
- Acts that the law prescribes officials are not allowed to do.- Advising detainees, arrested persons, defendants, accused persons, litigants, or other participants in the legal proceedings in a way that renders the case resolution not conformable to the law.- Interfering in case resolutions or using one's influence to affect persons responsible for resolving cases.- Removing case files and documents from the agency for non-assigned tasks or without the authorization of a competent person.- Meeting with defendants, accused persons, litigants, or other participants in the legal proceedings outside the designated location for the case they are authorized to handle.
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