Who is the prosecutor? Criteria for Procurator in Vietnam

Who is the prosecutor? Criteria for Procurator in Vietnam (Source: internet)

1. Who is the procurator?

According to Article 74 of the Law on Organization of the People's Procuracy 2014, procurators are persons who are appointed in accordance with law to perform the function of exercising the power to prosecute and supervise judicial activities.

2. General criteria for procurators in Vietnam

General standards of procurators as prescribed in Article 75 of the Law on Organization of the People's Procuracy 2014 include:

- 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.

3. Procurator ranks in Vietnam

- Ranks of procurators of people’s procuracies include:

+ Procurators of the Supreme People’s Procuracy;

+ High-level procurators;

+ Intermediate-level procurators;

+ Primary-level procurators.

- Procuracy has its Chief Procurator being a procurator of the Supreme People’s Procuracy and high-level, intermediate-level and primary-level procurators. Other procuracies have high- level, intermediate-level and primary-level procurators.

4. Criteria for appointment of Prosecutors in Vietnam

4.1. Criteria for appointment of primary-level procurators

A person who fully meets the criteria prescribed in Section (2) and the following conditions may be appointed as a primary-level procurator of a people’s procuracy; if being an in-service army officer, he/she may be appointed as a primary-level procurator of a military procuracy:

- Having been engaged in legal work for at least 4 years;

- Being capable of exercising the power to prosecute and supervise judicial activities;

- Having passed a primary-level procurator selection examination.

4.2. Criteria for appointment of intermediate-level procurators

A person who fully meets the criteria prescribed in Article 75 of this Law and the following conditions may be appointed as an intermediate-level procurator of a people’s procuracy; if being an in-service army officer, he/she may be appointed as an intermediate- level procurator of a military procuracy:

- Having worked as a primary-level procurator for at least 5 years;

- Being capable of exercising the power to prosecute and supervise judicial activities;

- Being capable of guiding primary-level procurators to exercise the power to prosecute and supervise judicial activities;

- Having passed an intermediate-level procurator selection examination.

In cases where, due to staffing needs of the People's Procuracy, a person who has performed legal work for 10 years or more may be appointed as an intermediate-level procurator of the People's Procuracy; if he is an active-duty military officer, he may be appointed as an intermediate procurator of the Military Procuracy, when he/she meets the general criteria in item (2) and the following criteria:

- Capable of exercising the right to prosecute and supervise judicial activities;

- Capable of providing professional guidance on the exercise of the right to prosecution and supervision of judicial activities for primary procurators;

- Passed the entrance exam to the rank of intermediate procurator.

4.3. Criteria for appointment of high-level procurators

A person who fully meets the criteria prescribed in Article 75 of this Law and the following conditions may be appointed as a high-level procurator of a people’s procuracy; if being an in-service army officer, he/she may be appointed as a high-level procurator of a military procuracy:

- Having worked as an intermediate-level procurator for at least 5 years;

- Being capable of exercising the power to prosecute and supervise judicial activities;

- Being capable of guiding intermediate-level procurators to exercise the power to prosecute and supervise judicial activities;

- Having passed a high-level procurator selection examination.

In cases where, due to staffing needs of the People's Procuracy, a person who has performed legal work for 15 years or more may be appointed as a senior procurator of the People's Procuracy; if he is an active-duty military officer, he or she may be appointed as a senior procurator of the Military Procuracy when meeting the general criteria in item (2) and the following criteria:

- Capable of exercising the right to prosecute and supervise judicial activities;

- Capable of providing professional guidance on the exercise of the right to prosecution and supervision of judicial activities for lower-level procurators;

- Passed the entrance exam to the rank of Senior Procurator.

4.4. Criteria for appointment of procurators of the Supreme People’s Procuracy

A person who fully meets the criteria prescribed in Article 75 of this Law and the following conditions may be selected and appointed as a procurator of the Supreme People’s Procuracy:

- Having worked as a high-level procurator for at least 5 years;

- Being capable of directing and administering the exercise of the power to prosecute and supervise judicial activities of the Supreme People’s Procuracy;

- Being capable of settling important issues falling under the competence of the Supreme People’s Procuracy.

In cases where, due to staffing needs of the People's Procuracy, who have been doing legal work for 20 years or more, may be selected and appointed as Procurator of the Supreme People's Procuracy when fully meeting the criteria. general standards in item (2) and the following standards:

- Capable of directing and administering the exercise of the right to prosecution and supervision of judicial activities of the Supreme People's Procuracy;

- Capable of solving important issues within the competence of the Supreme People's Procuracy.

(Articles 77, 78, 79, 80 of Law on Organization of People's Procuracy 2014)

Diem My

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