System and organizational structure of the Military Procuracy in Vietnam

System and organizational structure of the Military Procuracy in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Military procuracy system in Vietnam

Military procuracy system according to Article 51 of the Law on Organization of People’s Procuracies 2014 includes:

- The Central Military Procuracy.

- Military procuracies of military zones and the equivalent;

- Regional military procuracies.

2. Organizational structure of the Military Procuracy in Vietnam

The organizational structure of the Military Procuracy in Vietnam according to Articles 52, 54 and 56 of the Law on Organization of People’s Procuracies 2014 is as follows:

* Organizational structure of the Central Military Procuracy

- The Central Military Procuracy belongs to the structure of the Supreme People’s Procuracy.

- The organizational structure of the Central Military Procuracy consists of:

+ The Supervisory Committee;

+ The office;

+ The investigating agency;

+ Divisions and equivalent units.

- The Central Military Procuracy has its Chief Procurator, Deputy Chief Procurators, procurators, examiners; head and deputy heads of the investigating agency, investigators, other army men, civil servants, public employees and other employees.

* Organizational structures of military procuracies of military zones and the equivalent

- The organizational structure of the military procuracy of a military zone or the equivalent consists of:

+ A supervisory committee;

+ Divisions and assisting apparatus.

- The military procuracy of a military zone or the equivalent has its chief procurator, deputy chief procurators, procurators, examiners, other army men, civil servants, public employees and other employees.

* Organizational structures of regional military procuracies

- The organizational structure of a regional military procuracy consists of working units and an assisting apparatus.

- A regional military procuracy has its chief procurator, deputy chief procurators, procurators, examiners, other army men, civil servants, public employees and other employees.

3. Regulations on the Supervisory Committee of the Military Procuracy in Vietnam

Regulations on the Supervisory Committee of the Military Procuracy according to Articles 53 and 55 of the Law on Organization of People’s Procuracies 2014 are as follows:

* The Supervisory Committee of the Central Military Procuracy

- The Supervisory Committee of the Central Military Procuracy is composed of:

+ The Chief Procurator;

+ Deputy Chief Procurators;

+ A number of procuracies.

- The number of members of the Supervisory Committee and procurators specified at Point c, Clause 1 of Article 53 of the Law on Organization of People’s Procuracies 2014 shall be decided by the Procurator General of the Supreme People’s Procuracy at the proposal of the Chief Procurator of the Central Military Procuracy.

- The Chief Procurator of the Central Military Procuracy shall preside over the Supervisory Committee’s meetings, which are held to discuss and decide on the following issues:

+ Working programs and plans of military procuracies;

+ Work reports to be presented by the Chief Procurator of the Central Military Procuracy before the Procurator General of the Supreme People’s Procuracy and the Minister of National Defense;

+ Recommendations on prevention and combat of crimes in the army to be submitted by the Central Military Procuracy to the Minister of National Defense;

+ Selection of employees of the Central Military Procuracy who are qualified for sitting examinations for promotion to the rank of high-level, intermediate-level or primary-level procurator;

+ Proposals for re-appointment, relief from duty and dismissal of high-level procurators, intermediate-level procurators and primary-level procurators who are working at the Central Military Procuracy to be submitted by the Chief Procurator of the Central Military Procuracy to the Procurator General of the Supreme People’s Procuracy.

- The Supervisory Committee shall issue resolutions when exercising the competence prescribed in Clause 3 of Article 53 of the Law on Organization of People’s Procuracies 2014.

Resolutions of the Supervisory Committee must be voted for by more than half of its members; in case of equality of votes, the vote of the Chief Procurator shall be decisive. In case the Chief Procurator disagrees with the majority of members of the Supervisory Committee, he/she shall still comply with decisions of the majority but may report such to the Procurator General of the Supreme People’s Procuracy.

- At the request of the Chief Procurator of the Central Military Procuracy, the Supervisory Committee shall discuss and give opinions on complicated cases before they are submitted to the Chief Procurator for consideration and decision.

* Supervisory committees of military procuracies of military zones and the equivalent

- The supervisory committee of the military procuracy of a military zone or the equivalent is composed of:

+ The chief procurator;

+ Deputy chief procurators;

+ A number of procuracies.

- The number of members of the supervisory committee and procurators specified at Point c, Clause 1 of Article 55 of the Law on Organization of People’s Procuracies 2014 shall be decided by the Chief Procurator of the Central Military Procuracy at the proposal of the chief procurator of the military procuracy of the military zone or the equivalent.

- The chief procurator of the military procuracy of a military zone or the equivalent shall preside over meeting of the supervisory committee of his/her procuracy, which are held to discuss and decide on the following issues:

+ Implementation of working programs and plans of the Central Military Procuracy;

+ Work review reports to be submitted to the Chief Procurator of the Central Military Procuracy and the commander of the military zone or the equivalent;

+ Selection of employees of the military procuracy of the military zone or the equivalent or regional military procuracies under its management who are qualified for sitting examinations for promotion to the rank of high-level, intermediate-level or primary-level procurator;

+ Proposals for re-appointment, relief from duty and dismissal of high-level procurators, intermediate-level procurators and primary-level procurators who are working in the military procuracy of the military zone or the equivalent or regional military procuracies under its management to be submitted by the Chief Procurator of the Central Military Procuracy to the Procurator General of the Supreme People’s Procuracy.

- Supervisory committees shall issue resolutions when exercising the competence prescribed in Clause 3 of Article 55 of the Law on Organization of People’s Procuracies 2014.

Resolutions of a supervisory committee must be voted for by more than half of its members; in case of equality of votes, the vote of the chief procurator shall be decisive. In case the chief procurator disagrees with the majority of members of the supervisory committee, he/she shall still comply with the decision of the majority but may report such to the Chief Procurator of the Central Military Procuracy.

- At the request of the chief procurator of the military procuracy of a military zone or the equivalent, the supervisory committee shall discuss and give opinions on complicated cases before they are submitted to the chief procurator for consideration and decision.

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