25/05/2023 08:54

What do Law students need to prepare to become procurators in Vietnam?

What do Law students need to prepare to become procurators in Vietnam?

My son is studying law. Can I encourage him to become a prosecutor? "Manh Hung – Phu Yen, Vietnam"

Hello, Lawnet would like to answer the following:

1. General criteria for procurators in Vietnam

Who are procurators?

Procurators are persons who are appointed in accordance with law to perform the function of exercising the power to prosecute and supervise judicial activities.

What are the general criteria for procurators? 

According to the provisions of Article 75 of the Law on Organization of People’s Procuracies 2014, the general criteria for procurators are as follows:

- Being Vietnamese citizens who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good ethical qualities, are incorrupt and honest, have firm political stance and resolve to safeguard the socialist legislation.

- Possessing a bachelor or higher degree in law.

- Having been professionally trained in prosecution.

- Having been engaged in practical work for a certain period of time in accordance with this Law.

- Being physically fit to fulfill assigned duties.

Thus, graduates with a bachelor's degree in Law can completely become procurators if they are passionate, enthusiastic, etc. In addition, they also need to fully meet the general criteria required by the industry.

2. Procedures for appoinment of procurators in Vietnam

Step 1: Must be Bachelor of Law

Law students must have graduated from a law university. If you graduate from the University of Procuracy, you are too ideal to become a prosecutor. Usually 04 years (many students study beyond time, which can be shortened).

Step 2: Get professional training as a procurator

Step 3: Take part in the recruitment exam for Public Prosecutor in accordance with Decision 303/QD-VKSTC of the Supreme People's Procuracy.

Every year, the Procuracy will hold examinations to recruit public servants in the Procuracy to provide additional human resources for the sector (based on the actual personnel situation in the localities). This recruitment information is updated on the website as well as in other media in the localities where there is a need for personnel.

In terms of admission requirements, the basic admission requirements must meet the following basic requirements:

- Age of candidates: from 18 to 35 years old for men and from 18 to 30 years old for women;

- Having an application form; having a clear background, family, and personal history in accordance with regulations on the protection of internal politics of the People's Procuracy;

- Having good political and moral qualities;

- Being healthy enough to work according to the conclusions of the competent health authorities; not being deformed, deformed, or disabled; male height from 1.60 m, weight from 50 kg or more; female height from 1.55 m, weight from 45 kg or more, no stuttering, lisp.

Detailed conditions will be available in the recruitment notice of each locality.

Step 4: Participate in the Procurator recruitment exam

After completing the professional training course. Contestants will be eligible to participate in the entrance exam for Prosecutors at all levels. Title appointed to the industry after passing the exam: Specialist.

Step 5: Being appointed as Procurator

After all the above steps have been completed, depending on the needs of the Procuracy staff, they may be appointed to become the Procurator.

After that, after continuing to work for a period of time, I will go to school and take the exam, and if I pass the exam, I will appoint a Primary Procurator. Continuing to work for 5 years at the Primary Procurator, continuing to take the exam, and passing the exam will appoint the Intermediate Procurator. Similar to the appointment of Senior Procurator and Procurator of the Supreme People's Procuracy.

In addition, in special cases, a procurator will be appointed (according to Article 81 of the Law on Organization of People’s Procuracies 2014).

3. Duties, powers and responsibilities of the procurators in Vietnam

The initial term of office of procurator is 5 years. For procurators who are reappointed or entitled to rank promotion, the subsequent term of office is 10 years.

According to the provisions of Article 83 of the Law on Organization of People’s Procuracies 2014, the tasks, powers and responsibilities of the Procurator are as follows:

- When exercising the power to prosecute and supervise judicial activities, procurators shall observe law and submit to the direction of chief procurators of people’s procuracies.

+ Procurators shall abide by law and be held responsible before law for their acts and decisions in exercising the power to prosecute and make adversarial arguments at court hearings and to supervise judicial activities.

+ Procurators shall observe decisions of chief procurators of their people’s procuracies. When having grounds to believe that a decision of the chief procurator of his/her people’s procuracy is illegal, a procurator may refuse to perform the assigned duty and shall report such in writing to the chief procurator.

+ In case the chief procurator determines to execute the decisions, he/she shall issue a written decision thereon and the procurator shall execute the decision but is not held responsible for any arising consequences and, at the same time, shall report the case to the chief procurator of the competent higher-level people’s procuracy. The chief procurator shall take responsibility before law for his/her decision.

+ Chief procurators of people’s procuracies shall examine and strictly handle violations committed by procurators when performing their assigned duties and may revoke, terminate or cancel illegal decisions of procurators.

- Specific duties and powers of procurators when exercising the power to prosecute and supervise judicial activities are prescribed by law.

- In case more than one procurator jointly settle a case, procurators of lower ranks shall obey the assignment and direction of procurators of higher ranks.

- When performing their duties, procurators may make decisions, conclusions, requests and recommendations in accordance with law.

Thus, when wearing the color of the sky and carrying the mission of protecting human rights, citizens, the fatherland, etc., a procurator needs to observe and strictly perform his rights and obligations.

Nguyen Ngoc Tram
85


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