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THE
NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIET NAM |
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No: 30/2001/QH10 |
Hanoi, December 25, 2001 |
ON ORGANIZATION OF THE NATIONAL ASSEMBLY
(No. 30/2001/QH10 of December 25, 2001)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 of December 25, 2001 of the Xth National Assembly, 10th session;
This Law prescribes the organization and operation of the National Assembly, the Standing Committee of the National Assembly, the Nationality Council and the Commissions of the National Assembly; and the tasks and powers of the National Assembly deputies.
The National Assembly is the sole body vested with the right to make constitution and to make laws.
The National Assembly decides on the basic home and external policies, socio-economic tasks, national defense and security of the country, the main principles on organization and operation of the State apparatus, on the social relations and activities of citizens.
The National Assembly exercises the supreme right to supervise the entire operation of the State.
Article 2.- The National Assembly has the following tasks and powers:
1. To make and amend the constitution; to make and amend laws; to decide on law-, ordinance- making programs;
2. To exercise the supreme right to supervise the observance of the Constitution, laws and resolutions of the National Assembly; to examine the reports on activities of the State President, the National Assembly Standing Committee, the Government, the Supreme People’s Court and the Supreme People’s Procuracy;
3. To decide on socio-economic development plans of the country;
4. To decide on national financial and monetary policies; decide on State budget estimates and central budget allocation, to ratify the State budget final settlement; to set, amend or annul taxes;
5. To decide on the nationality policies and the religious policies of the State;
6. To stipulate the organization and operation of the National Assembly, the State President, the Government, the people’s courts, the people’s procuracies and the local administration;
7. To elect, relieve from duty and remove from office the State President, the Vice State Presidents, the Chairman, Vice-Chairmen and Standing Committee members of the National Assembly, the Prime Minister, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy; to ratify the Prime Minister’s proposals on the appointment, relief from duty, and removal from office of Deputy Prime Ministers, ministers and other members of the Government; to ratify the State President’s proposals on the list of members of the Defense and Security Council; to cast vote of confidence on persons who hold positions elected or ratified by the National Assembly;
8. To decide on the establishment and abolition of ministries and ministerial-level agencies of the Government; the establishment, merger, division, adjustment of administrative boundaries of provinces and centrally-run cities; the establishment or dissolution of special administrative-economic units;
9. To abrogate documents issued by the State President, the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People’s Court or the Supreme People’s Procuracy, which contravene the Constitution, laws and resolutions of the National Assembly;
10. To decide on general amnesties;
11. To stipulate the ranks, titles in the people’s armed forces, the diplomatic ranks and titles as well as other State ranks and titles; to stipulate orders, medals and honorable titles of the State;
12. To decide on matters related to war and peace; to stipulate the state of emergency and other special measures to ensure the national defense and security;
13. To decide on basic external policies; to ratify or abrogate international agreements personally signed by the State President; to ratify and abrogate other international agreements already signed or acceded to at the proposal of the State President;
14. To decide on holding referenda.
In special cases, the National Assembly shall decide to shorten or prolong its term if it is so voted for by at least two-thirds of the total number of National Assembly deputies.
The effectiveness of the National Assembly’s operation is ensured with the effectiveness of the sessions of the National Assembly, the activities of the Standing Committee, the Nationality Council and the Commissions of the National Assembly, the National Assembly deputies associations and the National Assembly deputies.
The State agencies, social organizations, economic organizations and people’s armed force units shall, within the ambit of their functions and tasks, have the responsibility to create conditions for the Nationality Council, the Commissions and the deputies of the National Assembly to perform their tasks.
THE NATIONAL ASSEMBLY
STANDING COMMITTEE AND CHAIRMAN
1. The National Assembly Standing Committee is the standing body of the National Assembly.
2. The National Assembly Standing Committee is composed of the National Assembly Chairman as its head, the National Assembly Vice-chairmen as its deputy-heads and other members.
The number of National Assembly vice-chairmen and the number of members of the National Assembly Standing Committee shall be decided by the National Assembly.
3. The National Assembly Standing Committee members must not concurrently be the Government members and work according to the full-time regime.
4. The Standing Committee of each National Assembly legislature shall perform its tasks and exercise its powers until the National Assembly of new legislature elects a new Standing Committee.
Article 7.- The National Assembly Standing Committee has the following tasks and powers:
1. To announce and sponsor the election of deputies to the National Assembly;
2. To prepare for, convene and sponsor the National Assembly sessions;
3. To explain constitutions, laws and ordinances;
4. To make ordinances on matters assigned by the National Assembly;
5. To supervise the enforcement of the constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; to supervise the activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy; to suspend the implementation of documents issued by the Government, the Prime Minister, the Supreme People’s Court and/or the Supreme People’s Procuracy, which contravene the Constitution, laws, resolutions of the National Assembly and submit to the National Assembly for abrogation those documents; to abrogate documents issued by the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy, which contravene ordinances and resolutions of the National Assembly Standing Committee;
6. To supervise and guide the activities of the People’s Councils; to abrogate wrong resolutions of the People’s Councils of the provinces or centrally-run cities; to dissolve the People’s Councils of the provinces or centrally-run cities in cases where such People’s Councils have caused serious damage to the interests of people;
7. To direct, regulate and coordinate the activities of the Nationality Council and Commissions of the National Assembly; to guide and create conditions for activities of the National Assembly deputies;
8. Where the National Assembly cannot meet, to decide on the declaration of the state of war once the country is invaded and report such to the National Assembly for consideration and decision at its nearest session;
9. To decide on the general mobilization or limited mobilization; to proclaim the state of emergency throughout the country or in each locality;
10. To perform the National Assembly’s tasks of external relations;
11. To hold referenda under decisions of the National Assembly.
1. To project agendas of the sessions based on the resolutions of the National Assembly, the proposals of the State President, the Prime Minister, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy, the Nationality Council, the Commissions and deputies of the National Assembly;
2. To direct, regulate and coordinate the activities of the concerned agencies in preparing the agenda contents of the sessions; to consider the preparation of bills, reports and other projects, which shall be presented to the National Assembly;
3. To organize and ensure the implementation of the agendas of National Assembly sessions;
4. To consider petitions of voters and request the relevant agencies to study and settle them for report thereon to the National Assembly;
5. To direct the reception of comments of National Assembly deputies and comments of the public in order to revise bills, draft resolutions and other drafts for submission to the National Assembly;
6. To decide on other matters relating to National Assembly sessions.
Article 9.- In the law- and ordinance-making, the National Assembly Standing Committee shall have the following tasks and powers:
1. To work out law- and ordinance- making programs and submit them to the National Assembly for decision; to direct the implementation of the law- and ordinance-making programs;
2. To set up drafting committees and designate agencies to verify bills and/or draft ordinances according to the provisions of law;
3. To give comments on bills.
Agencies, organizations and individuals that are entitled to present bills before the National Assembly shall all have the right to present draft ordinances before the National Assembly Standing Committee.
The draft ordinances must be verified by the Nationality Council or the concerned Commissions of the National Assembly before they are submitted to the National Assembly Standing Committee. When deeming it necessary, the National Assembly Standing Committee shall decide to send the draft ordinances to the National Assembly deputies for their comments before they are adopted.
The National Assembly Standing Committee shall decide on and organize the implementation of the quarterly and annual supervision programs; may assign the Nationality Council and the concerned Commissions of the National Assembly to perform a number of tasks under the supervision programs of the National Assembly Standing Committee; consider and discuss reports and recommendations in supervisory activities; request the concerned individuals, organizations and State agencies to implement recommendations which the National Assembly Standing Committee deems necessary.
The National Assembly Standing Committee shall consider and propose the National Assembly to cast the vote of confidence on persons who hold positions elected or ratified by the National Assembly when it is so requested by at least twenty percent of the total number of the National Assembly deputies or by the Nationality Council, Commissions of the National Assembly.
Article 18.- The National Assembly Standing Committee meets at least once a month.
The documents of its meetings must be sent to the members of the National Assembly Standing Committee at least seven days before the meetings start.
Article 20.- The National Assembly chairman has the following tasks and powers:
1. To chair the National Assembly sessions, ensure the observance of the Regulation on National Assembly deputies and the Rules on National Assembly sessions; sign to certify laws and resolutions of the National Assembly.
2. To lead the work of the National Assembly Standing Committee; project the working programs, direct the preparation for, convene and preside over meetings of the National Assembly Standing Committee; sign the ordinances and resolutions of the National Assembly Standing Committee;
3. To convene and preside over conferences of the chairman of the Nationality Council and chairmen of the Commissions of the National Assembly to discuss programs of activity of the National Assembly, the Nationality Council and the Commissions of the National Assembly; to attend meetings of the Nationality Council and Commissions of the National Assembly when deeming it necessary;
4. To maintain contacts with National Assembly deputies;
5. To direct the implementation of operation funding of the National Assembly;
6. To direct and organize the implementation of the external relation work of the National Assembly; to represent the National Assembly in its external relations; to lead activities of Vietnamese National Assembly delegations in international and regional inter-parliamentary organizations.
The National Assembly vice-chairmen assist the chairman, performing tasks assigned by the chairman. When the National Assembly chairman is absent, a vice-chairman shall be authorized by the chairman to perform the tasks and exercise the powers of the National Assembly chairman on the latter’s behalf.
NATIONALITY COUNCIL AND
COMMISSIONS OF THE NATIONAL ASSEMBLY
The Nationality Council and Commissions of the National Assembly are tasked to verify bills, make proposals on laws, draft ordinances and other drafts; verify reports assigned by the National Assembly or its Standing Committee; submit to the National Assembly, the National Assembly Standing Committee comments on law- and ordinance- making programs; exercise the right to supervision; to propose to the National Assembly the explanation of the Constitution, laws, ordinances and other issues within the scope of their tasks and powers.
The Nationality Council and Commissions of the National Assembly have the right to propose the National Assembly Standing Committee to consider and submit to the National Assembly votes of confidence on persons holding positions elected or ratified by the National Assembly.
The Nationality Council and Commissions of the National Assembly take responsibility for and report on their work before the National Assembly; when the National Assembly is in recess, they report on their work before the National Assembly Standing Committee.
Article 22.- The National Assembly sets up the Nationality Council and the following Commissions:
1. The Law Commission;
2. The Economic and Budgetary Commission;
3. The Defense and Security Commission;
4. The Commission for Culture, Education, Youth, Young Pioneers and Children;
5. The Commission for Social Affairs;
6. The Commission for Sciences, Technologies and Environment;
7. The External Relations Commission.
The Nationality Council members shall be elected by the National Assembly among the National Assembly deputies. The number of full-time members shall be decided by the National Assembly Standing Committee.
2. The Nationality Council chairman has the following tasks and powers:
a) To administer the activities of the Nationality Council;
b) To convene and chair meetings of the Nationality Council;
c) To maintain regular contacts with the Nationality Council members;
d) To attend meetings of the National Assembly Standing Committee; to be invited to attend meetings of the Government to discuss the implementation of nationality policies;
e) To maintain ties with concerned agencies and organizations on behalf of the Nationality Council;
f) To perform some other tasks assigned by the National Assembly Standing Committee.
3. The Nationality Council vice-chairmen shall assist the Nationality Council chairman, performing tasks assigned by the latter. When the chairman is absent, a vice-chairman shall be authorized by the chairman to perform the tasks and exercise the powers of the chairman.
Members of the National Assembly Commissions shall be elected by the National Assembly among its deputies. The number of full-time members shall be decided by the National Assembly Standing Committee.
2. The director of a Commission of the National Assembly has the following tasks and powers:
a) To administer the activities of the Commission;
b) To convene and chair meetings of the Commission;
c) To maintain regular contacts with the Commission’s members;
d) To represent the Commission in maintaining ties with the concerned agencies and organizations;
e) To perform a number of other tasks assigned by the National Assembly Standing Committee.
3. The deputy-directors shall assist the director of the Commission, performing tasks assigned by the latter. When the Commission director is absent, a deputy-director shall be authorized by the director to perform the tasks and exercise the powers of the director.
Article 26.- The Nationality Council has the following tasks and powers:
1. To verify bills, draft ordinances and other drafts related to ethnic matters;
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the field of nationality; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of programs and plans on socio-economic development in mountainous regions, areas inhabited by ethnic minority people;
3. To contribute its opinions on the drafts of legal documents issued by the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the Supreme People�s Court or the Supreme People’s Procuracy, the legal documents issued jointly by competent central State agency or jointly by competent State agencies and the central committees of socio-political organizations, related to ethnic matters and supervise the implementation of those documents;
4. To propose to the National Assembly or its Standing Committee issues on nationality policies of the State; matters related to the organization and operation of concerned agencies; propose to the Government, the Prime Minister, ministers, heads of the ministerial-level agencies and other State bodies at the central and local levels matters related to ethnic minorities.
Article 27.- The Law Commission has the following tasks and powers:
1. To verify bills, draft ordinances on the organization of the State apparatus, on criminal, civil, administrative matters and other drafts under the assignment of the National Assembly or its Standing Committee, the Government’s projected law- and ordinance-making programs, the proposals of other agencies, organizations and/or National Assembly deputies on law- and ordinance- making, the motions of National Assembly deputies on laws, ordinances;
2. To assume the prime responsibility in verifying schemes on the establishment or abolition of ministries, ministerial-level agencies; the setting up, merger, division or re-delimitation of provinces and centrally-run cities;
3. To verify the Government’s reports on the settlement of citizens’ complaints and denunciations, on crime and law-violation prevention and combat as well as judgement execution work, reports on activities of the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy;
4. To ensure the constitutionality, legality and uniformity of the legal system regarding bills, draft ordinances before they are submitted to the National Assembly or the National Assembly Standing Committee for adoption;
5. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee on the organization of the State apparatus, on criminal, civil and administrative issues; supervise the activities of the Government, the ministries, the ministerial-level agencies which fall within the management scope of the Commission; supervise activities of the Supreme People’s Court, the Supreme People’s Procuracy; supervise activities of investigation and judgement execution;
6. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the Supreme People’s Court, the Supreme People’s Procuracy, the legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;
7. To propose matters relating to the organization and operation of the concerned agencies, necessary measures to perfect the State apparatus and the legal system.
Article 28.- The Economic and Budgetary Commission has the following tasks and powers:
1. To verify bills, draft ordinances in the field of economic management, business activities, budget, finance, money and other drafts assigned by the National Assembly or its Standing Committee;
2. To assume the prime responsibility in verifying projects and plans on socio-economic development, the Government’s reports on the implementation of socio-economic development plans, on State budget estimates and plans on central budget allocation, the general final settlement of the State budget.
3. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the fields of economic management, business activities, budget, finance and money; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of State plans on socio-economic development, the implementation of the State budget estimates and the implementation of the financial and monetary policies;
4. To supervise the legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;
5. To propose matters related to the organization and operation of concerned agencies as well as issues on economic management, business activities, budget, finance and money.
Article 29.- The Defense and Security Commission has the following tasks and powers:
1. To verify bills and draft ordinances on defense and security and other drafts assigned by the National Assembly or its Standing Committee;
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, on defense and security; supervise activities of the Government, the ministries, the ministerial-level agencies in the performance of defense and security tasks;
3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;
4. To propose matters related to the organization and operation of concerned agencies and issues on defense and security policies, necessary measures to perform the tasks and exercise the powers of the National Assembly and its Standing Committee in defense and security domains.
1. To verify bills and draft ordinances on culture, education, information, sports and youth, young pioneers and children and other drafts assigned by the National Assembly or its Standing Committee;
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, on culture, education, information, sports and youth, young pioneers and children; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of policies on culture, education, information or sports in the plans and programs on socio-economic development of the country; supervise the implementation of policies towards the youth, young pioneers and children.
3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;
4. To propose matters related to the organization and operation of concerned agencies as well as issues on cultural, educational, information and sport development of the country, policies towards the youth, young pioneers and children.
Article 31.- The Commission on Social Affairs has the following tasks and powers:
1. To verify bills, draft ordinances on labor, health care, social affairs, religions and other drafts assigned by the National Assembly or its Standing Committee;
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee on social issues; supervise activities of the Government, the ministries, the ministerial-level agencies in the implementation of policies on social matters in the plans and programs on socio-economic development of the country.
3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, and legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;
4. To propose matters related to the organization and operation of concerned agencies as well as policies and measures for settlement of social matters.
Article 32.- The Science, Technology and Environment Commission has the following tasks and powers:
1. To verify bills and draft ordinances on sciences, technologies and/or ecological environment protection and other drafts assigned by the National Assembly or its Standing Committee;
2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committees, on sciences, technologies and ecological-environment protection; supervise activities of the Government, the ministries and the ministerial-level agencies in the implementation of policies on scientific and technological development as well as ecological-environment protection in the plans and programs on socio-economic development of the country;
3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies and legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;
4. To propose matters related to the organization and operation of concerned agencies and matters regarding policies on investment in scientific and technological development as well as ecological environment protection.
Article 33.- The External Relations Commission has the following tasks and powers:
1. To verify bills and draft ordinances on external relation activities of the State as well as other drafts assigned by the National Assembly or its Standing Committee; verify international agreements which fall under the ratifying jurisdiction of the National Assembly, the Government’s reports on external relation activities, which are to be submitted to the National Assembly;
2. To supervise the implementation of laws and resolutions of the National Assembly as well as ordinances and resolutions of the National Assembly Standing Committee on external relations; supervise activities of the Government, the ministries and ministerial-level agencies in the implementation of external policies of the State, external relation activities of branches and localities; supervise the implementation of the State’s policies towards overseas Vietnamese;
3. To supervise legal documents of the Government, the Prime Minister, the ministers and the heads of the ministerial-level agencies as well as legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;
4. To establish external relations with the National Assemblies of other countries, global and regional inter-parliamentary organizations under the direction of the National Assembly Standing Committee, the National Assembly chairman; assist the National Assembly Standing Committee and the National Assembly chairman in regulating, coordinating external activities of the National Assembly;
5. To propose matters related to the organization and operation of concerned agencies as well as issues on external policies of the State, on relations with the National Assemblies of other countries, with global and regional inter-parliamentary organizations, with other international organizations, and on policies towards overseas Vietnamese.
1. Join the Economic and Budgetary Commission in verifying the Government’s socio-economic reports, State budget estimates, plans for central budget allocation and general final settlement of State budget;
2. Join the Law Commission in verifying schemes on the establishment or abolition of ministries or ministerial-level agencies, the establishment, merger, division or re-delimitation of provinces or centrally-run cities;
3. Supervise the implementation of the State budget falling in the fields managed by the Nationality Council or Commissions.
The Nationality Council and the Commissions of the National Assembly shall coordinate with the External Relations Commission in effecting their respective external relations and international cooperation.
NATIONAL ASSEMBLY
DEPUTIES AND ASSOCIATIONS OF NATIONAL ASSEMBLY DEPUTIES
The term of office of the additionally-elected deputies to the National Assembly shall start from the session following the by-election to the first session of the subsequent legislature.
The National Assembly deputies must be exemplary in abiding by the Constitution and laws, leading a healthy life and respecting the code of community activities, protecting the legitimate rights and interests of citizens and contributing to the promotion of people’s right to mastery.
The National Assembly deputies have the task to propagate and disseminate laws and mobilize people to observe laws and participate in the management of the State.
National Assembly deputies being members of the National Council of Commissions of the National Assembly have the responsibility to attend meetings, discuss and vote on issues and participate in other activities which fall within the tasks and powers of the Nationality Council or Commissions, of which they are members.
The National Assembly deputies working on a part-time basis may spare at least one-third of their working time to perform the tasks of deputies. Agencies, organizations and units where the deputies work have the responsibility to create conditions for the deputies to fulfill their tasks.
While the National Assembly is in session, the National Assembly deputies shall send their questions to the National Assembly chairman. The questioned persons have the responsibility to give answers before the National Assembly at that session. Where an investigation is required, the National Assembly may decide to permit them to answer before the National Assembly Standing Committee or at the next session of the National Assembly or answer in writing.
During the interval of two National Assembly sessions, the questions shall be sent to the National Assembly Standing Committee which shall transfer them to the questioned agencies or persons and decide on the time limits for answering the questions.
If the National Assembly deputies disagree with the reply contents, they may request the National Assembly chairman to put them to discussion before the National Assembly or the National Assembly Standing Committee.
When necessary, the National Assembly or the National Assembly Standing Committee shall issue resolutions on the answer to questions and the responsibility of the questioned persons.
At least once a year, the National Assembly deputies must report to their voters on the performance of their tasks as deputies. Voters may request directly or through the Fatherland Front deputies to report on their work and may give remarks on the performance of the National Assembly deputies tasks.
In cases where they deem that the settlement of proposals, complaints and/or denunciations is unsatisfactory, the National Assembly deputies are entitled to meet the heads of concerned agencies to inquire into the matters and request the reconsideration thereof. When necessary, the National Assembly deputies may request the heads of the concerned superior bodies of such agencies to settle them.
The chairmen of the People’s Councils at all levels shall inform the National Assembly deputies of the dates when the People’s Councils of their levels meet, invite the deputies to attend and supply necessary documents to them.
The National Assembly Standing Committee shall decide on bringing the case of removal from office of National Assembly deputies before the National Assembly or voters in localities where such deputies were elected at the proposals of the Vietnam Fatherland Front Central Committee, the provincial/municipal Fatherland Front Committees or of voters in localities where such deputies were elected.
In cases where the National Assembly removes deputies from office, the removal from office must be approved by at least two-thirds of the total number of National Assembly deputies.
In cases where voters remove National Assembly deputies from office, the removal shall be carried out according to the procedures prescribed by the National Assembly Standing Committee.
If National Assembly deputies are put into custody for being caught in the act of committing crimes, the custodial agencies must immediately report such to the National Assembly or the National Assembly Standing Committees for consideration and decision.
Where National Assembly deputies are examined for penal liability, the National Assembly Standing Committee shall decide to suspend the performance of tasks and the exercise of powers by those National Assembly deputies.
Those National Assembly deputies who are sentenced by courts shall naturally lose their rights of the National Assembly deputy as from the dates the court judgements or decisions take legal effect.
The National Assembly deputies cannot be removed from office or dismissed by the agencies or units where they work, if it is not so agreed upon by the National Assembly Standing Committee.
When the full-time National Assembly deputies no longer perform the representative tasks, the competent agencies or organizations shall have to arrange work for such National Assembly deputies.
The duration for which the National Assembly deputies work on a full-time basis shall be counted into their working seniority.
Salaries and other regimes enjoyed by the full-time National Assembly deputies and the allowances for the National Assembly deputies shall be prescribed by the National Assembly Standing Committee.
2. The association of National Assembly deputies shall perform the following tasks:
a) Organizing the reception of citizens by National Assembly deputies; coordinating with the Standing Body of the People’s Council, the People’s Committee and the Fatherland Front Committee in the locality in arranging National Assembly deputies to contact voters;
b) Organizing discussions by National Assembly deputies about draft laws, ordinances and other documents, projecting agenda of National Assembly sessions at the request of the National Assembly Standing Committee;
c) Monitoring and urging the settlement of complaints, denunciations and proposals of citizens, which have been forwarded to agencies or organizations by National Assembly deputies and/or associations of National Assembly deputies;
d) Organizing the supervision by National Assembly deputies of the law observance in the locality;
e) Reporting to the National Assembly Standing Committee on the activities of the association of National Assembly deputies and the National Assembly deputies.
3. An association of National Assembly deputies has its own headquarter, assisting bureau and operational fund as provided for by the National Assembly Standing Committee.
1. Making arrangement so that the National Assembly deputies in the association perform the tasks of National Assembly deputies and of the association of National Assembly deputies;
2. Maintaining contacts with the National Assembly chairman, the National Assembly Standing Committee, the National Assembly deputies in the association, the Standing Body of the People’s Council, the People’s Committee and Fatherland Front Committee in the locality as well as the National Assembly’s Office.
Article 62.- The National Assembly holds two regular sessions a year.
The National Assembly Standing Committee shall convene irregular sessions in cases where it is so requested by the State President, the Prime Minister or at least by one-third of the total number of National Assembly deputies or where it is so decided by itself.
The projected agenda of sessions shall be forwarded to the National Assembly deputies together with the decisions to convene the sessions.
The first session of each National Assembly legislature shall be opened and presided over by the chairman of the National Assembly of the preceding legislature until the National Assembly elects the chairman of the National Assembly of the new legislature.
Article 66.- The agenda of the National Assembly sessions shall be decided by the National Assembly.
The National Assembly deputies are entitled to propose amendments and/or supplements to the approved session agenda. The amendment and/or supplementation of session agenda must be voted for by more than half of the total number of the National Assembly deputies.
Article 67.- The National Assembly meets openly.
In case of necessity, at the request of the State President, the National Assembly Standing Committee, the Prime Minister or at least one-third of the total number of National Assembly deputies, the National Assembly shall decide to meet behind the closed door.
Article 70.- Representatives of State agencies, social organizations, economic organizations, people�s armed force units, press agencies, citizens and foreign guests may be invited to attend public meetings of the National Assembly.
The right to present bills shall be exercised with the presentation of new bills, bills on amending and/or supplementing current laws.
The National Assembly deputies shall exercise the right to propose laws through their proposals on the promulgation of new laws or amendment and/or supplementation of current laws.
Before being submitted to the National Assembly, the bills must be verified by the Nationality Council or concerned Commissions of the National Assembly, commented by the National Assembly Standing Committee and sent to the National Assembly deputies at least twenty days before the sessions start.
For bills presented by the National Assembly Standing Committee, the National Assembly shall decide on the verifying bodies or set up the ad hoc committees to verify such bills.
The National Assembly discuss bills after the bill- submitting agencies, organizations or individuals explain the bills contents and the Nationality Council or concerned Commissions present the reports on verification thereof.
The National Assembly Standing Committee shall direct the concerned agencies to receive opinions of National Assembly deputies and revise the bills.
The National Assembly shall hear reports on reception of National Assembly deputies comments, hear the revised drafts and consider then pass the bills into laws.
The Government shall submit to the National Assembly projected plans, State budget estimates and central budget allocations of the subsequent year at the National Assembly session at the end of the preceding year.
The National Assembly shall ratify general final State budget settlement submitted by the Government within fifteen months at most after the budgetary year ends.
Projects must be sent to the National Assembly deputies at least ten days before the sessions open.
The National Assembly shall approve projects by voting on issue by issue, then voting on the whole projects or voting on the whole projects once.
The concerned State agencies, organizations and units shall have to study, settle and respond to voters proposals and report to the National Assembly on the settlement results.
When necessary, the National Assembly shall issue resolutions on the settlement of voters’ proposals.
The National Assembly may issue resolutions on the reported activities of agencies.
The report on whole-term activities of the National Assembly shall be prepared by the National Assembly Standing Committee.
Basing itself on the report of the Committee for Verification of Deputies Qualities, the National Assembly shall decide on the acknowledgement of the qualities of the elected deputies, and declare particular cases where the election of deputies is not valid.
The Committee for Verification of Deputies Qualities shall fulfill its task when the verification of deputies qualities is completed.
The number of National Assembly vice-chairmen and the number of Standing Committee members shall be decided by the National Assembly.
At the proposal of the State President, the National Assembly shall elect the State Vice-President among the National Assembly deputies; ratify the list of members of the Defense and Security Council.
The number of vice-chairmen and the number of members of the Nationality Council shall be decided by the National Assembly.
The number of deputy-directors and the number of members of each Commission shall be decided by the National Assembly.
The National Assembly shall ratify the proposal of the Prime Minister on the appointment of deputy- prime ministers, ministers and other members of the Government according to the list of nominees for such positions.
The Secretariat has the following tasks and powers:
1. To record the minutes of each meeting, the minutes of each session; to prepare the communiques on National Assembly meetings; sum up opinions of the National Assembly deputies at the National Assembly sessions;
2. To coordinate with the Nationality Council, Commissions of the National Assembly and concerned agencies in revising bills and draft resolutions to be submitted to the National Assembly;
3. To perform other tasks assigned by the National Assembly chairman.
The National Assembly chairman of the preceding legislature shall designate the provisional secretaries for meetings of the first session of the new legislature until the National Assembly elect the Secretariat.
a) The National Assembly Standing Committee shall submit to the National Assembly the votes of confidence;
b) The persons put on the votes of confidence are entitled to express their opinions before the National Assembly;
c) The National Assembly holds discussion and casts the votes of confidence.
2. In cases where more than half of the total number of the National Assembly deputies give their votes of no-confidence, the agencies or persons who have recommended the target persons for election or proposed the ratification of the appointment thereof shall have to submit to the National Assembly for consideration, decision or ratification the removal from office, dismissal of persons who have not gained the confidence of the National Assembly.
The National Assembly shall remove from office or dismiss, or ratify the proposals on the removal from office or dismissal of, persons who hold positions elected or whose appointments are ratified by the National Assembly, as provided for in Articles 81, 82, 83, 84, 85 and 86 of this Law, at the proposal of the agencies or the persons who have recommended such persons for election or have proposed the ratification of their appointment to those positions.
The election or ratification of substitutes to the above-mentioned positions shall comply with the provisions in Articles 80, 81, 82, 83, 84, 85 and 86 of this Law.
Laws and resolutions of the National Assembly must be signed for confirmation by the National Assembly chairman and promulgated by the State President within fifteen days at most as from they dates they are passed.
ASSISTING APPARATUS AND
OPERATIONAL FUND OF THE NATIONAL ASSEMBLY
The organization and tasks of these assisting bodies shall be defined by the National Assembly Standing Committee.
The State President shall direct and organize the implementation of the operational fund of the National Assembly.
Article 94.- This Law replaces the April 15, 1992 Law on Organization of the National Assembly.
This Law was passed by the Xth National Assembly
of the Socialist Republic of Vietnam at its 10th session on December 25, 2001.
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NATIONAL ASSEMBLY CHAIRMAN |
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Law No. 30/2001/QH10 dated December 25, 2001, on organization of the National Assembly
| Số hiệu: | 30/2001/QH10 |
|---|---|
| Loại văn bản: | Luật |
| Nơi ban hành: | |
| Người ký: | |
| Ngày ban hành: | 25/12/2001 |
| Ngày hiệu lực: | Đã biết |
| Tình trạng: | Đã biết |
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Law No. 30/2001/QH10 dated December 25, 2001, on organization of the National Assembly
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