Organization of the People's Procuracy
The People's Procuracy system of the Socialist Republic of Viet Nam was established on 26 July 1960 by Order No. 20-LCT signed by President Ho Chi Minh. It is one pillar in the structure of the State apparatus.
The People's Procuracy is vertically divided into three levels:
(a) Supreme People's Procuracy.
(b) Provincial People's Procuracies.
(c) Regional People's Procuracies.
Within the system of the People's Procuracy, there are Military Procuracies at different levels:
(a) The Central Military Procuracy.
(b) The Zone Military Procuracies and equivalent.
(c) The Regional Military Procuracies.
The whole system of the People's Procuracy and Military Procuracy is under the management and instruction of the Supreme People's Procuracy, headed by the Prosecutor General.
The term of office of the Prosecutor General shall coincide with the term of the National Assembly. When the term of the National Assembly expires, the Prosecutor General shall continue performing his/her duties until a new Prosecutor General is elected by the National Assembly.
Functions and Duties of the People's Procuracy
According to the Constitution of the Socialist Republic of Viet Nam, the People's Procuracy exercises the power to prosecute and supervise in law observance judicial activities.
The People's Procuracy carries out the State's indictment of criminals, from the time of resolving report of crimes and information about crimes, to the investigation of criminal cases, recommendation, initiation and conduct of criminal prosecutions.
According to the Criminal Procedure Code of Viet Nam, the Supreme People's Procuracy is the Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters and other international cooperation activities as prescribed by law. The Supreme People's Procuracy is responsible for dealing with requests for mutual legal assistance in criminal matters and negotiating, concluding treaties on mutual legal assistance.
The Investigation Agency under the Supreme People's Procuracy has the power to conduct investigation of crimes infringing upon judicial activities and crimes of corruptions and position-related offences committed in judicial activities by officials or public employees of investigation agencies, people's courts, people's procuracies, judgment enforcement agencies, or by persons competent to conduct judicial activities.
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