Mobilization authority of the Chief Procurator of the High-Level People's Procuracy in Vietnam

Mobilization authority of the Chief Procurator of the superior people’s procuracies in Vietnam (Internet image)

On June 8, 2023, the Supreme People's Procuracy issued Decision 208/QD-VKSTC dated June 8, 2023, on the promulgation of regulations on decentralization of management of civil servants, public employees, and employees in the people's procuracy.

1. Mobilization authority of the Chief Procurator of the superior people’s procuracies in Vietnam

According to Article 20 of the Regulation promulgated together with Decision 208/QD-VKSTC dated June 8, 2023, the authority to dispatch, rotate, and second the Chief Procurator of the superior people’s procuracies and the Chief Procurator of the Provincial-Level People's Procuracy is as follows:

- The Chief Procurator of the Senior People's Procuracy 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.

- The Chief Procurator of the People's Procuracy of the province shall decide on the assignment, rotation, and secondment of the Head of the Department, the Deputy Head of the Division, and the equivalent; the chief procurator, deputy director of the district-level People's Procuracy (at the same level); and procurators of intermediate and equivalent levels or less within the payroll and structure of civil servants of the unit.

- In case of dispatching, rotating, or seconding the Procurator and Deputy Head of the district-level People's Procuracy to work at the provincial-level People's Procuracy; intermediate-level procurators who are working at the provincial-level People's Procuracy and come to perform their duties at the district-level People's Procuracy must report in writing and obtain the consent of the Chief Procurator of the Supreme People's Procuracy before taking on a task at the district-level People's Procuracy. When conducting.

2. Competence to evaluate, classify, plan, appoint, resign, dismiss from office, relieve from duty, or dismiss civil servants and employees of the Chief Procurator of the Senior People's Procuracy in Vietnam

Pursuant to Article 19 of the Regulation promulgated together with Decision 208/QD-VKSTC dated June 8, 2023, the competence to evaluate, classify, plan, appoint, resign, dismiss from duty, relieve from duty, and dismiss civil servants and employees of the Chief Procurator of the superior people’s procuracies and the Chief Procurator of the Provincial People's Procuracy is 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 the Senior People's Procuracy appoints to the rank of civil servant, appoints, resigns, dismisses from holding the 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, Chief Accountants, in charge of accounting under their management authority.

- The Chief Procurator of the Provincial People's Procuracy appoints to the rank of civil servant, appoints, resigns, terminates his position, relieves, and dismisses the position of Head, Deputy Head of the Division, and the equivalent at the People's Procuracy at the provincial and district levels; the title of Inspector; Chief Accountant, in charge of accounting under management authority.

- The Chief Procurator of the Senior People's Procuracy 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. The Chief Procurator of the People's Procuracy of the province shall delegate the authority or take charge of the unit to the Deputy Head of the Division, or equivalently, the Deputy Director of the District People's Procuracy.

3. Disciplinary competence of the Chief Procurator of the Senior People's Procuracy in Vietnam

According to Article 21 of the Regulation promulgated together with Decision 208/QD-VKSTC dated June 8, 2023, the disciplinary competence of the Chief Procurator of the superior people’s procuracies and the Chief Procurator of the Provincial-Level People's Procuracy is as follows:

- Temporarily suspending work for civil servants under their management (except for the subjects specified in Clause 1, Article 10 of the Regulation promulgated together with Decision 208/QD-VKSTC dated June 8, 2023) 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 decide to discipline civil servants and employees under their management
(except for the Chief Procurator, Deputy Director of the superior people’s procuracies; Procurator and Deputy Director of the Provincial People's Procuracy).

- Deciding on one of the following disciplinary forms:

+ Removing the title of Inspector and the positions under the appointment competence;

+ Reprimanding, warning, lowering salary grade, demoting, removing from office, force dismissal 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, reprimand, and lower the salary grade for the director and deputy director of the district-level People's Procuracy.

- Settlement of the first-time complaint for the cases specified in Clauses 1 and 3, Article 21 of the Regulation promulgated together with Decision 208/QD-VKSTC dated June 8, 2023.

More details can be found in Decision 208/QD-VKSTC, effective as of June 8, 2023, replacing Decision 521/QD-VKSTC dated November 1, 2019.

Ho Quoc Tuan

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