THE NATIONAL ASSEMBLY STANDING COMMITTEE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 15/2011/UBTVQH12
Hanoi, February 19, 2011
 
ORDINANCE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON PROCURATORS OF THE PEOPLE'S PROCURACIES
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2011/QH10;
Pursuant to Law No, 34/2002/QH10 on Organization of the Peoples Procuracies;
Pursuant to the National Assembly's Resolution No. 27/2008/QHI2 of November 15, 2008, on the 2009 law- and ordinance-making program and the addition to the law- and ordinance-making program of the XIIth National Assembly (2007-2011);
The National Assembly Standing Committee promulgates the Ordinance Amending and Supplementing a Number of Articles of Ordinance No. 03/2002/PL-UBTVQH11 on Procurators of the People's Procuracies.
Article 1. To amend and supplement a number of articles of the Ordinance on Procurators of the People's Procuracies
1. To amend and supplement Article 3 as follows:
"Article 3.
1. The procurators of the People's Procuracies in the Socialist Republic of Vietnam include:
a/ The Supreme People's Procuracy procurators;
b/ Intermediate-level procurators and primary-level procurators of the People's Procuracies;
c/ Military Procuracy procurators, including the Central Military Procuracy procurators who are concurrently the Supreme People's Procuracy procurators, intermediate-level procurators and primary-level procurators of the Military Procuracies.
2. Each Procuracy level shall be staffed with procurators of different ranks. The numbers of procurators of the Supreme People's Procuracy, intermediate-level procurators and primary-level procurators of the People's Procuracies shall be decided by the National Assembly Standing Committee at the proposal of the Director of the Supreme People's Procuracy."
2. To amend and supplement Article 18 as follows:
"Article 18.
Persons who are fully qualified under Article 2 of this Ordinance, have performed legal work for four years or more and have capability to exercise the prosecution right and to procurate judiciary activities may be recruited and appointed to be primary-level procurators of the People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be primary -level procurators of the Military Procuracies."
3. To amend and supplement Article 19 as follows:
"Article 19.
1. Persons who are fully qualified under Article 2 of this Ordinance and have worked as primary-level procurators for at least five years, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance to primary-level procurators, may be recruited and appointed to be intermediate-level procurators of the People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be intermediate-level procurators of the Military Procuracy.
2. If due to personnel demands of the People's Procuracy sector, persons who are fully qualified under Article 2 of this Ordinance and have performed legal work for ten years or more, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance to primary-level procurators, may be recruited and appointed to be intermediate-level procurators of the People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be intermediate-level procurators of the Military Procuracy."
4. To amend and supplement Article 20 as follows:
"Article 20.
1. Persons who are fully qualified under Article 2 of this Ordinance and have worked as intermediate-level procurators for at least five years, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance for primary- and intermediate-level procurators, can be recruited and appointed to be Supreme People's Procuray procurators; if they are army officers on active service, they may be recruited and appointed to be Central Military Procuracy procurators.
2. If due to personnel demands of the People's Procuracy sector, persons who are fully qualified under Article 2 of this Ordinance and have performed legal work for fifteen years or more, have capability to exercise the prosecution right and procurate judiciary activities and provide procuratory guidance for primary- and intermediate-level prosecutors, may be recruited and appointed to be procurators of the Supreme People's Procuracy; if they are army officers on active service, they may be recruited and appointed to be procurators of the Central Military Procuracy."