Standards for the appointment of the Director of the Investigative Agency of the Supreme People's Procuracy in Vietnam as of June 10, 2024

Standards for the appointment of the Director of the Investigative Agency of the Supreme People's Procuracy in Vietnam as of June 10, 2024 (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

On April 24, 2024, the Chief Prosecutor of the Supreme People's Procuracy issued Circular 01/2024/TT-VKSNDTC on the appointment, reappointment, dismissal, and removal of the Director, Deputy Director of the Investigative Agency, Investigators, and Investigative Officials of the Investigative Agency of the Supreme People's Procuracy.

Standards for the appointment of the Director of the Investigative Agency of the Supreme People's Procuracy in Vietnam as of June 10, 2024

Standards for the appointment of the Director of the Investigative Agency of the Supreme People's Procuracy in Vietnam include:

- Senior Investigators. In special cases, the competent authority will consider and decide.

- Must be positionally planned if they are internal personnel, or must be planned for an equivalent position if they are from external sources.

- In the case of appointment to a higher position, they must have served in the current position or an equivalent position for at least 2 years. In special cases, the competent authority will consider and decide.

- Must submit application as required in Article 17 of Circular 01/2024/TT-VKSNDTC.

- Age requirements for appointment:

+ Officials, officers proposed for their first leadership or management position, or for a higher management position, must be of an age to serve the full term of appointment. In special cases, the competent authority will consider and decide.

+ Officials, officers transferred or appointed to a new position that is equivalent or lower than their current position will not count towards the age requirement for appointment as specified in this point.

+ The age requirement for the appointment of the Director and Deputy Director of the Investigative Agency of the Central Military Procuracy shall be implemented according to the provisions of the Law on People's Army Officers and the regulations of the Ministry of National Defense.

- Must have sufficient health to fulfill duties and assigned tasks.

- Must not fall under any prohibition from holding the position; must not be under disciplinary proceedings, or within the period of implementing disciplinary regulations according to the provisions of the Party and the law.

- In the case of disciplinary action during the tenure, they will not be appointed to a higher position within the prescribed period according to the provisions of the Party and the law.

(Article 7 of Circular 01/2024/TT-VKSNDTC)

Tasks, powers and responsibilities of heads and deputy heads of investigating bodies in Vietnam

The heads and deputy heads of investigating bodies in Vietnam will have the following duties, powers and responsibilities:

- Heads of investigating bodies have the following tasks and powers:

= To direct, administer and inspect the performance of tasks and implementation of working plans, decide on matters related to activities of their investigating bodies; to take responsibility for, and report on, his/her work performance to heads of superior investigating bodies;

= To direct and organize final reviews of criminal investigation activities of their investigating bodies and of subordinate investigating bodies;

= To direct, guide and inspect investigating operations of subordinate investigating bodies;

= To decide on assigning their deputy heads, investigators and investigating officers to settle denunciations and reports on crimes, propose the institution of criminal cases and investigate criminal cases; to inspect the settlement of denunciations and reports on crimes, proposal on the institution of criminal cases and investigation by their deputies and investigators;

=  To decide on change or cancellation of groundless and illegal decisions of their deputies and investigators; to decide on change of investigators;

= To settle complaints and denunciations falling under the jurisdiction of their investigating bodies;

= To perform other tasks and powers provided by law.

When they are absent, one of their deputies may be authorized to perform their tasks and exercise their powers and take responsibility before them for the authorized tasks.

- When investigating criminal cases, heads and deputy heads of investigating bodies shall perform the tasks and exercise the powers provided by the Criminal Procedure Code.

- Heads and deputy heads of investigating bodies shall be held responsible before law for their acts and decisions.

(Article 52 of the Law on Organization of Criminal Investigation Bodies 2015)

More details can be found in Circular 01/2024/TT-VKSNDTC which comes into force from June 10, 2024.

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