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Decision 82/2014/qh13: About The Enforcement Of Law On Organization Of People's Procuracy

Original Language Title: Nghị quyết 82/2014/QH13: về việc thi hành Luật tổ chức Viện kiểm sát nhân dân

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Resolution on implementing the law on organization of people's Procuratorate _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the NATIONAL ASSEMBLY of the SOCIALIST REPUBLIC of VIETNAM, pursuant to the Constitution of the Socialist Republic of Vietnam;
RESOLUTION: 1.
Since January 2, 2015 until January 6, 2015:1. Director Supreme People's Procuracy is responsible for reviewing, preparing about the Organization, the staff, the facilities and other conditions to ensure that the activities of the people's Procuratorate granted under the provisions of this law;
2. Procurator Supreme People's Procuracy term continue performing their duties until reviewed, appointed according to the provisions in clause 5 of this Article;
3. intermediate Prosecutor, Prosecutor elementary term continue performing their duties until reviewed, appointed under the provisions of this law; the review, appointed the Prosecutor must be done before June 30, 2015;
4. Pursuant to article 40, article 49 and paragraph 3 Article 63 of the law on organization of people's Procuracy, Director the Supreme People's Procuratorate proposed a Committee of the National Assembly decided to establish the high-level people's Procuratorate, approve the work of the Supreme People's Procuracy;
5. Pursuant to article 5, paragraph 63 and paragraph 4, article 74, article 76, points b and c of Article 79, paragraph 1 point b and point c of paragraph 1 to article 80, paragraph 1 Article 93 of law on organization of people's Procuracy, Director Supreme People's Procuracy is responsible for: a) consideration, decided to recommend the President appointed the Prosecutor Supreme People's Procuracy;
b) consideration, decided to appointed Senior Prosecutor to the Prosecutor the Supreme People's Procuratorate are appointed before 1 June 2015 without being appointed Prosecutor Supreme People's Procuratorate under the provisions of the law on organization of people's Procuracy.
Article 2.
Since July 6, 2015:1. The duties and powers of the new people's Procuratorate rules at points b, c, e and g of paragraph 3 of article 3, paragraph 4 Article 12, and the Agency's authority to investigate the Supreme People's Procuratorate, the Agency investigating the Central Military Procurator prescribed in article 20 of the law on organization of people's Procuracy was made after the Ministry of law formation proceedings the current amendments, supplements and the law on the Organization of criminal investigation bodies are passed by Congress and effective enforcement of the provisions to those duties and powers with law on organization of people's Procuracy.
During The current criminal law has not been modified, added, the law on the Organization of criminal investigation agency has not yet been passed by Congress and not yet in effect is people's Procuracy, the investigation agency to the Supreme People's Procuratorate, the Agency investigating the Central Military Procurator continued to perform the task powers under the provisions of the criminal code and the Ordinance on the Organization of the current criminal investigation;
2. the Supreme People's Procuracy delivered right to practice the duty Prosecutor, Prosecutor appeals for high level people's Procuratorate.
The provincial people's Procuratorate delivered right to practice the duty Prosecutor, Prosecutor of the trial of Cassation, retrial for senior people's Procuracy;
3. high level people's Procuratorate is responsible, powers: a) practice active Prosecutor, Prosecutor of Justice for the case, the incident in the jurisdiction of senior people's Court;
b) practice the right to prosecution, the Prosecutor handling the following the procedure of appeal against judgements and decisions not valid law of the people's Court, the central cities have had to appeal, an appeal that has not been resolved;
c) practised civil rights prosecutor, the Prosecutor handling under the procedure of Cassation, retrial for judgment, the decision has force of law district people's Court, County, town, city in the province and equivalent, people's Court, the central cities have had an appeal that has not been resolved;
d) solve the Petitions, petition of Cassation, retrial for judgment, the decision has force of law district people's Court, County, town, city in the province and equivalent, people's Court, the central cities have been provincial people's Procuratorate , The Supreme People's Procuracy accepting that has not been resolved;
4. Minister Prosecutor senior people protest under procedure of appeal against the judgment of the first instance decision, not the law of the people's Court, the central cities; the protest under procedure of Cassation, retrial for judgment, the decision has force of law district people's Court, County, town, city in the province and equivalent, people's Court, the central cities in the territorial scope of the jurisdiction;
5. Senior Prosecutor be appointed according to the provisions of paragraph 1 of Article 5, point b this resolution after that be considered appointed Procurator of the Supreme People Procuratorate shall not apply to conditions stipulated in art. Article 80 of the law on organization of people's Procuracy;
6. the Prosecutor level, primary Prosecutor also continued term duties for the remainder of his term under appointment decisions;
7. Salaries and allowances of the Supreme People's Procuracy, Senior Prosecutor be made corresponding to the salary and allowances of the Supreme People's Procuracy according the current law until the new allowance and wage mode.
Article 3.
1. the Supreme People's Procuratorate in the scope of functions, duties and powers of his own, on his own or in collaboration with the authorities reviewing the legal documents related to the law of the people's Procuratorate organizations to cancel, modify, supplement or issued new documents by the authority; the Congressional proposals, the Commission of the National Assembly, the Government and the authorities to cancel, modify, supplement or enact new text consistent with this Act.
2. The Commission of the National Assembly, the President, the Government, the Supreme People's Court, the Supreme People's Procuratorate in the function, duty, their powers are responsible for the implementation of this resolution.
This resolution was the National Assembly of the Socialist Republic of Vietnam, the eighth session XIII course through November 24, 2014.