Who has the authority to elect the Procurator General of the Supreme People’s Procuracy in Vietnam?

Who has the authority to elect the Procurator General of the Supreme People’s Procuracy in Vietnam? (Internet image) 

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

1. Who has the authority to elect the Procurator General of the Supreme People’s Procuracy in Vietnam?

According to Clause 1, Article 62 of the Law on organization of People’s Procuracies 2014, the Procurator General of the Supreme People’s Procuracy shall be elected, relieved from duty and dismissed by the National Assembly at the proposal of the President.

2. Term of office of the Procurator General of the Supreme People’s Procuracy in Vietnam

According to Clause 2, Article 62 of the Law on organization of People’s Procuracies 2014, the term of office of the Procurator General of the Supreme People’s Procuracy follows the term of the National Assembly. When the term of the National Assembly expires, the Procurator General of the Supreme People’s Procuracy shall continue performing his/ her duties until the new National Assembly elects a new General Procurator of the Supreme People’s Procuracy.

3. Duties and powers of the Procurator General of the Supreme People’s Procuracy in Vietnam

Duties and powers of the Procurator General of the Supreme People’s Procuracy in Vietnam according to Article 63 of the Law on organization of People’s Procuracies 2014 are as follows:

- To lead, direct, guide, inspect and examine the performance of duties, implementation of working plans and building of people’s procuracies; to decide on matters related to working activities of the Supreme People’s Procuracy.

- To issue circulars, decisions, directives, charters, regulations and working regimes applicable to people’s procuracies.

- To provide for the working apparatus of the Supreme People’s Procuracy for submission to the National Assembly Standing Committee for approval; to decide on working apparatuses of people’s procuracies at lower levels; to provide for working apparatuses of military procuracies after reaching agreement with the Minister of National Defense for submission to the National Assembly Standing Committee for approval.

- To propose the President to appoint, relieve from duty or dismiss Deputy Procurators General and procurators of the Supreme People’s Procuracy.

- To appoint, relieve from duty or dismiss high-level, intermediate-level and primary- level procurators, investigators and examiners of different ranks.

- To appoint, relieve from duty or dismiss holders of leading and managerial titles under his/her management.

- To recommend the formulation of laws and ordinances; to direct the formulation and submission of draft laws and ordinances in accordance with law; to request the National Assembly Standing Committee to interpret the Constitution, laws and ordinances.

- To submit to the President his/her opinions on cases of pleading for mitigation of death sentences.

- To direct and organize the final review of experiences in exercising the power to prosecute and supervise judicial activities by people’s procuracies.

- To attend meetings of the Judicial Council of the Supreme People’s Court to discuss on the provision of guidance on uniform application of law.

- To make recommendations on the prevention and combat of crimes and violations to the Government, ministries and sectors.

- To be answerable and report work to the National Assembly; when the National Assembly is in recess, to be answerable and report work to the National Assembly Standing Committee and President; to reply to questions, recommendations and requests of National Assembly deputies.

- To perform other tasks and exercise other powers in accordance with law.

4. Regulations on Deputy Procurators General of the Supreme People’s Procuracy in Vietnam

Regulations on Deputy Procurators General of the Supreme People’s Procuracy in Vietnam according to Article 64 of the Law on organization of People’s Procuracies 2014 are as follows:

- Deputy Procurators General of the Supreme People’s Procuracy shall be appointed, relieved from duty and dismissed by the President at the proposal of the Procurator General of the Supreme People’s Procuracy.

- Deputy Procurators General of the Supreme People’s Procuracy shall perform duties and exercise powers as assigned or authorized by the Procurator General of the Supreme People’s Procuracy and perform other duties and exercise other powers in accordance with law; to be answerable to the Procurator General and held responsible before law for the performance of their duties and exercise of their powers.

- The term of office of a Deputy Procurator General is at most 5 years from the date of appointment.

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