Assurance of operation of people’s procuracies according to Vietnam’s current regulations

Assurance of operation of people’s procuracies according to Vietnam’s current regulations
Nguyễn Trinh

People’s procuracies are agencies exercising the power to prosecute and supervise judicial activities of the Socialist Republic of Vietnam according to regulations of the Constitution 2013. With this important role, to ensure the operation and promote the effectiveness of the people’s procuracies, the law has set out specific regulations for this agency.

1. Total payrolls, number and proportions of procurator ranks and investigator ranks of people’s procuracies

According to Article 93 of the Law on Organization of People’s Procuracies 2014 of Vietnam, the number of procurators of the Supreme People’s Procuracy must not exceed 19.

- The total payrolls, number of procurators and proportions of procurator ranks at procuracies at each level; the number of investigators and proportions of investigator ranks at the Supreme People’s Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after obtaining opinions of the Government.

Based on the total payrolls, number and proportions of procurator ranks decided by the National Assembly Standing Committee, the Procurator General of the Supreme People’s Procuracy shall decide on the payroll, number of procurators, other civil servants, public employees and other employees of units under the Supreme People’s Procuracy and people’s procuracies at lower levels.

- The total payrolls, number of procurators and proportions of procurator ranks at military procuracies at each level; the number of investigators and proportions of investigator ranks at the Central Military Procuracy shall be decided by the National Assembly Standing Committee at the proposal of the Procurator General of the Supreme People’s Procuracy after reaching agreement with the Ministry of National Defense.

Based on the total payrolls, number and proportions of procurator ranks decided by the National Assembly Standing Committee, the Chief Procurator of the Central Military Procuracy shall decide on the number of procurators of military procuracies at each level after reaching agreement with the Ministry of National Defense.

2. Funds and physical foundations

According to Article 94 of the Law on Organization of People’s Procuracies 2014 of Vietnam, funds and physical foundations are specified as follows:

- The State shall assure operation funds and physical foundations for people’s procuracies in accordance with law.

- The Supreme People’s Procuracy shall estimate and propose the Government to submit operation funds of people’s procuracies to the National Assembly for decision. In case the Government and the Supreme People’s Procuracy cannot reach agreement on estimated operation funds of people’s procuracies, the Procurator General of the Supreme People’s Procuracy shall propose the National Assembly to consider and decide on such funds. The management, division, allocation and use of operation funds must comply with the budget law.

- Operation funds of military procuracies shall be estimated and reported to the Chief Procurator of the Central Military Procuracy to the Ministry of National Defense for the latter to submit them to the Government for subsequent submission to the National Assembly for decision. The management, division, allocation and use of operation funds of military procuracies must comply with the budget law.

- The State shall prioritize investment in building of working offices and procurement of equipment to improve operation capacity for people’s procuracies.

- Working offices, equipment and working devices of military procuracies shall be guaranteed by the Government at the proposal of the Minister of National Defense.

Besides, wage regimes, allowance regimes, training and retraining, commendation and handling of violations etc. are also specified in Articles 95, 96, 97, 98, 99 of the Law on Organization of People’s Procuracies 2014 of Vietnam.

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