LAW of the PEOPLE'S PROCURATORATE ORGANIZATIONS pursuant to article 105 and 106, Chapter VIII of the Constitution of the Democratic Republic of Vietnam, this law regulates the Organization of the people's Procuracy.
 
Chapter I GENERAL PRINCIPLES article 1 the Supreme People's Procuracy Prosecutor obeys the laws of agencies in the Government Council, the local State agencies, State Agency employees and citizens.
The local people's Procuratorate granted Prosecutor obeys the laws of the State, local authorities, State Agency employees and citizens.
Article 2 the people's Procuracy Prosecutor obeys the law makes the Executive law seriously and consistently, the democratic legislation was upheld.
The purpose of the prosecution is to protect the people's democracy, social order, public property and the legal rights of citizens, contribute to the building of socialism in the North and the struggle to make reunification progress.
Article 3 the Supreme People's Procuratorate and the local people's Procuratorate granted duty on by: a) the Prosecutor obeys the law of the resolutions, decisions, circulars, directives and measures of the Government Council and local State agencies; Prosecutor obeys the laws of the State Agency employees and citizens.
b) investigate the criminal offense and prosecuted before the courts those criminal offense.
c) Prosecutor obey the law in the investigation of the police and other investigating authorities;
d) Prosecutor obey the law in the trial of the people's courts and in the observance of the judgement;
e) Prosecutor comply with the law in detention camps;
g) prosecution, or participate in the proceedings in the civil case related to the important interests of the State and of the people.
Article 4 the people's Procuratorate include: the Supreme People's Procuratorate, the local people's Procuratorate and the military Procuracy.
The local people's Procuracy: provincial people's Procuratorate, the city in Central or equivalent administrative unit. District people's Procuratorate, provincial city, town or equivalent administrative units, the people's Procuratorate in the autonomous areas.
The Supreme People's Procuracy based on the characteristics of the situation of the autonomous regions that held the local people's Procuratorate granted in the autonomous areas.
Military procuratorate organization granted by the Committee of the National Assembly regulates based on the principle of a people's Procuratorate organizations defined in this law.
Article 5 When his duty, the people's Procuratorate must follow the principle that all people are equal citizens before the law, irrespective of sex, ethnicity, race, religion, creed, social status and social components.
Article 6 the local people's Procuratorate granted its duty independently, other State agencies not to intervene.
The local people's Procuratorate granted only under the leadership of the people's Procuracy and the leadership of the Supreme People's Procuratorate.
Article 7 the people's Procuracy have, one or more Deputy Director and the Prosecutor. In addition to the above components, the Supreme People's Procuratorate also some Prosecutor membership.
The people's Procuratorate led by the Minister. in the Supreme People's Procuratorate, the provincial people's Procuratorate, the central cities, or the equivalent administrative units, the people's Procuratorate, both autonomous region established committees include the Prosecutor, Deputy Prosecutor, and some to address the important issues in the work of the Prosecutor , under the leadership of Rector.
Article 8 the Supreme People's Procuracy is responsible and report the work before Congress; during the Congress meeting shall not be responsible and report the work Committee of the National Assembly. The Supreme People's Procuracy has the right to process the Congress or the Standing Committee of the National Assembly of the law project, the project of the Ordinance on the issue in the scope of his professional work.
 
CHAPTER II the PROSECUTOR OBEYS the LAWS of AGENCIES in the GOVERNMENT COUNCIL, the LOCAL STATE AGENCIES, STATE AGENCY EMPLOYEES and CITIZENS article 9 the Supreme People's Procuracy has the right to protest against the resolutions, decisions, directives, circulars or illegal measures of the Government Council and the local State authorities.
The local people's Procuratorate, when saw the resolution, decision, directive or the remedies of State organs at the same level cannot legally have the right to require repair. If that body is not subject to this page, then the local people's Procuratorate reported up people's Procuracy on a level to protest.
Provincial people's Procuratorate, the district or equivalent administrative unit and the people's Procuratorate in the autonomous areas, see resolutions, decisions, circulars, directives or measures of the Superior State bodies not legal then report up the people's Procuracy.
The Supreme People's Procuratorate and local people's Procuracy has no direct authority to cancel, modify or suspend the implementation of the resolutions, decisions, directives, circulars or illegal measures of the aforementioned bodies.
As for the request and the protest of the people's Procuracy, the authorities have a responsibility to solve and answer seriously.
Article 10 the people's Procuratorate granted while on duty Prosecutor, has the right to view the materials, necessary documents, attend the meeting of the relevant authorities, the Prosecutor in place the compliance with the legislation, or request the authorities check the compliance with the law in that agency. Authorities have a duty to provide the necessary documents and follow the requirements of the people's Procuracy seriously.
Article 11 the people's Procuracy is responsible for receiving, resolution of the complaint and denunciation of the people regarding the violation of the law, and to reply to the complaints or accusations.
Article 12 When the people's Procuratorate found employees of State bodies have the offense, then customize the properties of the offense that: or tell authorities know to handle administratively, or prejudice about criminal liability.
As for the illegal citizens, the people's Procuratorate will customize the properties of the offense that: or handle on the administration or traced on criminal liability.
In the case of need, the people's procuratorate may take appropriate measures to ensure the compensation of material damage for the loss caused by the offense caused.
 
CHAPTER III the PROSECUTOR OBEYS the LAW in the INVESTIGATION of the POLICE and OTHER INVESTIGATING AUTHORITIES of article 13 the people's Procuracy Prosecutor obey the law in the investigation of the police and other investigating authorities to: a) Not to an offence and the offender would get out the disposal of the law;
b) Not to a citizen would be arrested, brought to trial or limited democratic rights in a manner contrary to law.
Article 14 The arrested any citizens would have to be approved by the people's Procuratorate unless courts decide custody.
Article 15 When the Prosecutor inquiry, Procurator of the people have the right to: a) requires the police or other investigative body conducting the investigation of crimes and wanted can violate in hiding;

b) requires the police or other investigative bodies to provide the necessary documents to prove the innocence of violations; If you see evidence not clear then return the records to the police or other investigative agency conducting requirements more;
c) participated in the investigation, or when needed, then himself conducted the investigation;
d) prosecute or long elements can violate; families save the criminal provisions of the law;
e) to see the investigation by the police or other investigative agencies have no right to law then requires repair; cases of criminal investigation staff in the investigation of the blind for criminal liability.
Article 16 If the police and other investigating authorities found decided not to approve custody or no prosecution of the people's Procuratorate at the same level as mistakes, then have the right to request the people's Procuracy on a review of that decision.
 
CHAPTER IV PROSECUTOR OBEY the LAW in the TRIAL of the PEOPLE'S COURTS and in the OBSERVANCE of the JUDGEMENT article 17 the Supreme People's Procuratorate and the local people's Procuratorate has the right: a) the prosecution of criminal and retains the right to public prosecutor before the courts at the same level;
b) prosecution or proceedings in the civil case related to the important interests of the State and of the people;
c) appeals the judgment or the decision of the first instance courts of the same level and the level below a level;
d) Prosecutor Executive judgments and decisions of the courts.
Article 18 When the Supreme People's Procuratorate found the judgment or the decision was in effect the law of the people's courts at all levels is misleading then has the right to protest.
When the local people's Procuratorate found the judgment or the decision was in effect the law of the people's courts issued or granted under is misleading then reported the Supreme People's Procuratorate to the protest.
Article 19 Director Supreme People's Procuracy has the right to attend the meetings of the Committee of judges of the Supreme People's Court on the trial and the meetings of the Council of judges of the Supreme People's Court review of death penalty; the case Minister Supreme People's Prosecutor does not agree with the decision of the judge or of the Committee of the whole Council, judges of the Supreme People's Court, the report of the National Assembly Committee review.
Minister local prosecutor have the right to attend the meetings of the Committee in the same people's Court judge grant discuss the trial. In the case of Minister of local people's Prosecutor does not agree with the decision of the judge Committee of the people's courts of the same level then reported the people's Procuracy.
 
Chapter V PROSECUTOR OBEY the LAW in the CUSTODY of the PRISON article 20 people's Procuracy is responsible for prosecution work comply with the legislation on detention, ensure not to an innocent citizen was detained, secured for the procedure and the detention regime was proper observance.
Article 21 the people's Procuracy has the right to examine the books and documents about the detention, directly questioned detainees; When there are innocent people being detained, the people's Procuratorate ordered freedom for them.
Any violation of the law in detaining the people's Procuracy demanded the authorities responsible for repairs; the case of the crimes of prejudice about criminal liability.
Article 22 prisons are chuyểm for the people's Procuratorate within twenty-four hours from the complaints of detainees sent to the people's Procuratorate. The people's Procuratorate is responsible to solve and answer for litigants.
 
CHAPTER VI employee, PAYROLL and WORK UNITS of the PEOPLE'S PROCURACY Article 23 Minister Supreme People's Prosecutor elected and dismissed by the national.
Rector's term Supreme People's Procuracy is five years.
Deputy Director, the Prosecutor, the Prosecutor members and fellow Prosecutor Committee Supreme People's Procuratorate by the National Committee appointed and dismissed at the suggestion of the Chairman of the Committee of the National Assembly.
Article 24 Director, Deputy Director, the Prosecutor and Deputy Prosecutor Committee of the local people's Procuratorate by the Supreme People's Procuratorate appointed and dismissed.
Article 25 held the Supreme People's Procuratorate by the national committees regulations.
The work and the payroll of the local people's Procuratorate granted by the Supreme People's Procuratorate regulation under the General provisions of the working and staffing of the State authorities.
------------------------------------------This law was the National Assembly of the Democratic Republic of Vietnam country tags II, first session, passed on July 15, 1960.
 

 



(Signed)