Management responsibilities of the Chief procurators of superior people’s procuracies in Vietnam

Management responsibilities of the Chief procurators of superior people’s procuracies in Vietnam (Internet image)

Chief procurators of superior people’s procuracies in Vietnam

According to Article 65 of the Law on Organization of the People's Procuracy 2014, the Chief Procurator of the People's Procuracy is as follows:

- Chief procurators of superior people’s procuracies shall be appointed, relieved from duty and dismissed by the Procurator General of the Supreme People’s Procuracy.

- Chief procurators of superior people’s procuracies have the following duties and powers:

+ To direct, administer and examine the performance of duties and implementation of working plans of superior people’s procuracies; to decide on matters related to working activities of superior people’s procuracies; to be answerble and report work to the Procurator General of the Supreme People’s Procuracy;

+ To direct, guide and examine professional operations in exercising the power to prosecute and supervise adjudication by provincial- and district-level people’s procuracies;

+ To perform other duties and exercise other powers in accordance with law.

- The term of office of the chief procurator of a superior people’s procuracy is at most 5 years from the date of appointment.

Management responsibilities of the Chief procurators of superior people’s procuracies in Vietnam

According to Section 2, Chapter II of Decision 208/QD-VKSTC, stipulating the authority and responsibility to manage civil servants, public employees, and employees of the Chief procurators of superior people’s procuracies in Vietnam, including:

- According to Article 15 of Decision 208/QD-VKSTC on staffing allocation and management of records and data, as follows:

+ On the basis of the assigned staffing quota, and based on the requirements of the tasks, the Chief Procurator of the High-Level People's Procuracy shall allocate the staffing to the Office, the Professional Institute, and the offices of the Office and the Professional Institute.

+ Managing and building records and data of civil servants and employees of the High-level People's Procuracy, the People's Procuracy of the province, and the People's Procuracy of the district.

- According to Article 16 of Decision 208/QD-VKSTC, stipulating the establishment of councils as follows:

+ The decision on the establishment of the Civil Service Recruitment Council of the People's Procuracy at their level.

+ The decision to establish other councils in accordance with law was made by the Chief Procurator of the Supreme People's Procuracy.

- According to Article 17 of Decision 208/QD-VKSTC on recruitment and admission as follows:

+ Deciding on recruitment and admission of civil servants after being approved by the Chief Procurator of the Supreme People's Procuracy in accordance with regulations on recruitment of civil servants in the People's Procuracy.

+ Deciding to appoint trainee instructors and apply regimes and policies towards probationary instructors for civil servants of the high-level People's Procuracy.

+ Concluding employment contracts with employees according to the provisions of Decree No. 111 on the basis of the quantity assigned by the Supreme People's Procuracy and on the basis of the unit's self-funding.

- According to Article 18 of Decision 208/QD-VKSTC on training, retraining, and sending people to work abroad

+ Developing and organize the implementation of training and retraining plans; decide to appoint civil servants under their management to participate in training and retraining courses according to the plan of the People's Procuracy branch or the local Party Committee.

+ Deciding to send civil servants under their management to study and work abroad (except for the subjects specified in Clause 4, Article 7 of Decision 208/QD-VKSTC).

- According to Article 19 of Decision 208/QD-VKSTC on assessment, classification, planning, appointment, resignation, dismissal, and demotion of civil servants and employees, as follows:

+ Evaluating and classifying civil servants, public employees, and employees according to regulations.

+ Developing plans for leadership and management positions at their own level and in subordinate units.

+ The Chief Procurator of a Senior People's Procuracy appoints to the rank of civil servant, appoints, resigns, dismisses from holding a position, relieves or dismisses the Director, Deputy Director of the Institute of Professional Affairs or the equivalent; heads, Deputy Heads of Departments under the Institute of Professional Affairs and equivalents, inspectors; and chief accountants in charge of accounting under their management authority.

+ The Chief procurators of superior people’s procuracies in Vietnam assigns authority or is in charge of the unit to the Deputy Director of the Professional Institute or equivalent, the Deputy Head of the Division of the Professional Institute, or the equivalent.

- According to Article 20 of Decision 208/QD-VKSTC on mobilization, rotation, and secondment, as follows:

+ The Chief procurators of superior people’s procuracies in Vietnam shall decide on the transfer and rotation of the Procurator, Deputy Director of the Professional Institute, and the equivalent; Heads, Deputy Heads of Departments of the Professional Institute, or equivalent of the Senior People's Procuracy, Senior Procurator, and equivalent or less within the payroll and structure of civil servants of the unit.

+ In case of dispatching, rotating, or seconding the director and deputy director of the district-level People's Procuracy to work at the provincial-level People's Procuracy, the intermediate-level procurator working at the provincial-level People's Procuracy who comes to work at the district-level People's Procuracy must report in writing and obtain the consent of the Procurator General of the Supreme People's Procuracy before getting into work.

- According to Article 21 of Decision 208/QD-VKSTC, disciplinary regulations are as follows:

+ Temporarily suspending work for civil servants under their management (except for the subjects specified in Clause 1, Article 10 of Decision 208/QD-VKSTC) during the period of consideration and disciplinary action if it is found that allowing such a public employee to continue working may cause difficulties for consideration and handling.

+ Deciding to establish a Disciplinary Council and to decide to discipline civil servants and employees under their management
(except for the Chief Procurator, Deputy Director of the High-Level People's Procuracy; Procurator and Deputy Director of the Provincial People's Procuracy).

Deciding on one of the following forms of discipline:

++ Dismissing the title of Inspector and positions falling under the authority to appoint;

++ Reprimand, warning, salary reduction, demotion, dismissal, forced termination of department heads, deputy heads, key specialists, and the equivalent or less; Director, Deputy Director of the Professional Institute, and equivalent (except for the form of forced resignation for the Director, Deputy Director of the Institute of Professional Affairs, and the equivalent); reprimand, warning, and lower the salary grade for the director and deputy director of the district-level People's Procuracy.

+ Settling the first-time complaint for the cases specified in Clauses 1 and 3, Article 21 of Decision 208/QD-VKSTC.

- According to Article 22 of Decision 208/QD-VKSTC, stipulating the implementation of regimes and policies as follows:

+ Deciding to raise the regular salary level, enjoy position allowances for cases falling under the competence of appointment, enjoy seniority allowances, and other allowances as prescribed; notify and decide to retire and raise the salary level ahead of time upon retirement for civil servants and employees under their management (except for the subjects specified in Clause 3, Article 11 of Decision 208/QD-VKSTC); salary adjustment for civil servants from the rank of Specialist or below and employees under their management.

+ Dismissing or change branches of public employees under their management (except for the subjects specified in Clause 3, Article 11 of Decision 208/QD-VKSTC).

+ Termination of labor contracts for employees under their management.

+ Cases of decisions after being approved by the Chief Procurator of the Supreme People's Procuracy:

++ Raising salary level ahead of time for civil servants under their management (except for those specified in Clause 3, Article 11 of Decision 208/QD-VKSTC);

++ Rank raising, reclassification when changing job positions, adjusting salary levels for intermediate procurators, main inspectors, key specialists, and equivalents or less under their management;

++ Retirement or severance of civil servants due to organizational arrangement and downsizing of staff (except for subjects under the management of the Chief Procurator of the Supreme People's Procuracy).

+ Selecting and appointing civil servants to participate in the promotion exam and, on behalf of the Procuracy Committee, appointing civil servants under their management to compete for judicial titles in accordance with regulations.

- According to Article 23 of Decision 208/QD-VKSTC on internal political protection, as follows:

+ Implementing resolutions of the Party Personnel Committee of the Provincial People's Procuracy or the Party Committee of the High People's Procuracy to direct and coordinate with the competent Party Committees to examine the current political or political history for civil servants under their management.

+ Carrying out internal political protection for civil servants and employees under their management who go on business, study, or have other jobs abroad (except for the subjects specified in Clause 2, Article 12 of Decision 208/QD-VKSTC).

- According to Article 24 of Decision 208/QD-VKSTC on inspection, supervision, and issuance of decisions in other cases, as follows:

+ Deciding on programs and plans and directing the organization to inspect and supervise the organization of personnel at the units under their management.

+ Directly deciding on the organization of cadres decentralized to the Chief Procurator of the lower-level People's Procuracy when deeming it necessary.

+ Settling complaints and denunciations about the organization of staff in accordance with law.

Nguyen Pham Nhut Tan

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