Nghị quyết 82/2014/QH13

RESOLUTION

ON IMPLEMENTATION OF THE LAW ON ORGANIZATION OF PEOPLE’S PROCURACIES

Pursuant to the Constitution of the Socialist Republic of Vietnam;

RESOLVES:

Article 1.

From February 1, 2015, to June 1, 2015:

1. The Procurator General of the Supreme People’s Procuracy shall review and prepare the organizational structure, personnel, physical foundations and other necessary conditions to ensure operation of people’s procuracies at all levels in accordance with the Law on Organization of People’s Procuracies.

2. Procurators of the Supreme People’s Procuracy whose terms of office have expired shall continue performing their duties until they are re-appointed in accordance with Clause 5 of this Article.

3. Intermediate- and primary-level procurators whose terms of office have expired shall continue performing their duties until they are re-appointed in accordance with the Law on Organization of People’s Procuracies; the consideration and re-appointment of these procurators shall be completed before September 30, 2015.

4. Pursuant to Articles 40 and 49; and Clause 3, Article 63 of the Law on Organization of People’s Procuracies, the Procurator General of the Supreme People’s Procuracy shall propose the National Assembly Standing Committee to decide to establish superior people’s procuracies and approve the working apparatus of the Supreme People’s Procuracy.

5. Pursuant to Clauses 4 and 5, Article 63; Articles 74 and 76; Points b and c, Clause 1, Article 79; Points b and c, Clause 1, Article 80; and Clause 1, Article 93 of the Law on Organization of People’s Procuracies, the Procurator General of the Supreme People’s Procuracy shall:

a/ Consider and propose the President to appoint procurators of the Supreme People’s Procuracy;

b/ Consider and appoint procurators of the Supreme People’s Procuracy, who are appointed before June 1,2015, but not qualified for appointment as procurators of the Supreme People’s Procuracy in accordance with the Law on Organization of People’s Procuracies, to be high-level procurators.

Article 2.

From June 1, 2015:

1. People’s procuracies shall perform their new duties and exercise their new powers specified at Points b, c, e and g, Clause 3, Article 3; and Clause 4, Article 12, and investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy shall comply with their new competence specified in Article 20 of the Law on Organization of People’s Procuracies after the revised Criminal Procedure Code and the law on organization of criminal investigation agencies, which provide for these duties and powers in conformity with the Law on Organization of People’s Procuracies, are passed by the National Assembly and take effect.

Pending the revision of the current Criminal Procedure Code and the passage and enactment of the law on organization of criminal investigation agencies, people’s procuracies and investigating agencies of the Supreme People’s Procuracy and the Central Military Procuracy shall continue performing their duties and exercising their powers in accordance with the current Criminal Procedure Code and the Ordinance on Organization of Criminal Investigation;

2. The Supreme People’s Procuracy shall transfer the duty of exercising the power to prosecute and supervise appellate trial to superior people’s procuracies.

Provincial-level people’s procuracies shall transfer the duty of exercising the power to prosecute and supervise trial according to the cassation or reopening procedure to superior people’s procuracies;

3. Superior people’s procuracies have the following duties and powers:

a/ To exercise the power to prosecute and supervise judicial activities related to cases and matters falling under the jurisdiction of superior people’s courts;

b/ To exercise the power to prosecute and supervise the settlement according to the appellate procedure of judgments and decisions of people’s courts of provinces or centrally run cities, which have not taken legal effect and are appealed or protested against, provided such appeals or protests have not yet been settled;

c/ To exercise the power to prosecute and supervise the settlement according to the cassation or re-opening procedure of legally effective judgments or decisions of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent, which are protested against by people’s courts of provinces or centrally run cities, provided such protests have not yet been settled;

d/ To settle recommendations or requests for review according to the cassation or reopening procedure of legally effective judgments or decisions of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent and of people’s courts of provinces and centrally run cities, which the Supreme People’s Procuracy has received but not yet settled;

4. Chief procurators of superior people’s procuracies shall protest according to the appellate procedure against first-instance judgments and decisions of people’s courts of provinces and centrally run cities which have not yet taken legal effect; protest according to the cassation or reopening procedure against legally effective judgments and decisions of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent and of people’s courts of provinces and centrally run cities in the territories under their jurisdiction.

5. High-level procuracies who are appointed under Point b, Clause 5, Article 1 of this Resolution and then considered and appointed to be procurators of the Supreme People’s Procuracy are not subject to the condition prescribed at Point a, Clause 1, Article 80 of the Law on Organization of People’s Procuracies.

6. Intermediate- and primary-level procurators whose terms of office have not yet expired shall continue performing their duties until their terms of offices stated in their appointment decisions expire.

7. Salaries and allowances of procurators of the Supreme People’s Procuracy and high- level procurators are equivalent to those of procurators of the Supreme People’s Procuracy prescribed in current law until a new salary and allowance regime is promulgated.

Article 3.

1. The Supreme People’s Procuracy shall, within the ambit of its functions, duties and powers, review or coordinate with concerned agencies in reviewing legal documents relevant to the Law on Organization of People’s Procuracies so as to annul, amend and supplement them or promulgate new ones according to its competence; propose the National Assembly, the National Assembly Standing Committee, the Government and concerned agencies to annul, amend and supplement relevant documents or promulgate new ones in conformity with the Law on Organization of People’s Procuracies.

2. The National Assembly Standing Committee, the President, the Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their functions, duties and powers, implement this Resolution.

This Resolution was adopted on November 24, 2014, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-