|
THE
NATIONAL ASSEMBLY
------------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
30/2001/QH10
|
Hanoi, December 25, 2001
|
THE LAW
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.
Chapter I
GENERAL PROVISIONS
Article 1.- The National
Assembly is the supreme representative body of the people and the supreme state
power organ of the Socialist Republic of Vietnam.
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.
Article 3.- The term of
each legislature is five years, counting from the first session of the National
Assembly of that legislature to the first session of the National Assembly of
the next legislature.
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.
Article 4.- The National
Assembly is organized and operates according to the principle of democratic
centralism; works according to the conference regime and make decisions by
majority.
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.
Article 5.- When
performing their tasks, the National Assembly, the Standing Committee, the
Nationality Council, the Commissions and the deputies of the National Assembly
shall rely on the participation of the Central Committee of Vietnam Fatherland
Front and its member organizations, other social organizations and of citizens.
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.
Chapter II
THE NATIONAL ASSEMBLY
STANDING COMMITTEE AND CHAIRMAN
Article 6.-
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.
Article 8.- In preparing
for, convening and sponsoring the National Assembly sessions, the National
Assembly Standing Committee shall have the following tasks and powers:
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.
Article 10.- The
National Assembly Standing Committee promulgates ordinances based on the law-
and ordinance-making programs already approved by the National Assembly.
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.
Article 11.- The
National Assembly Standing Committee supervises the activities of the
Government, the Supreme People’s Court, the Supreme People’s Procuracy in the
enforcement of the Constitution, laws, resolutions of the National Assembly,
ordinances and resolutions of the National Assembly Standing Committee.
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.
Article 12.- The
National Assembly Standing Committee shall propose the National Assembly to
cast the vote of confidence on persons who hold positions elected or ratified
by the National Assembly.
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 13.- The
National Assembly Standing Committee shall decide to abrogate on its own or at
the request of the Prime Minister, the Nationality Council, Commissions or
deputies of the National Assembly the wrong resolutions of the People’s
Councils of the provinces or centrally-run cities; dissolve the People’s
Councils of the provinces or centrally-run cities in cases where such People’s
Councils cause serious damage to the interests of people.
Article 14.- The
National Assembly Standing Committee shall decide to abrogate on its own or at
the request of the Nationality Council, Commissions or deputies of the National
Assembly documents issued by the Government, the Prime Minister, the Supreme
People’s Court or the Supreme People’s Procuracy, which contravene the
ordinances and resolutions of the National Assembly Standing Committee; 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 decision the abrogation thereof at its
nearest session.
Article 15.- Where the
National Assembly cannot meet, at the request of the Defense and Security
Council, the National Assembly Standing Committee shall decide on the
proclamation 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;
decide on the general mobilization or limited mobilization, to proclaim the
state of emergency throughout the country or in each locality.
Article 16.- During the
interval between two National Assembly sessions, the National Assembly Standing
Committee shall consider the replies to questions and implementation of
proposals of the Nationality Council, Commissions and deputies of the National
Assembly by the Prime Minister as well as other members of the Government, the
chief judge of the Supreme People’s Court and the chairman of the Supreme People’s
Procuracy.
Article 17.- In special
cases, the National Assembly Standing Committee shall propose the National
Assembly by its own decision or at the request of at least one-third of the
total number of the National Assembly deputies to shorten or prolong the term
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 19.- The
National Assembly Standing Committee works according to the conference regime
and make decisions by majority. A National Assembly Standing Committee meeting
must be attended by at least two-thirds of its members. Ordinances and
resolutions of the National Assembly Standing Committee must be voted for by
more than half of its members. The ordinances and resolutions must be
promulgated within fifteen days at most as from the date they are adopted,
except where the State President submits them to the National Assembly for
reconsideration.
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.
Chapter III
NATIONALITY COUNCIL AND
COMMISSIONS OF THE NATIONAL ASSEMBLY
Article 21.- The
Nationality Council and Commissions of the National Assembly are agencies of
the National Assembly, which work according to the collective regime and make
decisions by majority. The terms of the Nationality Council and the Commissions
of the National Assembly correspond to the term 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.
Article 23.- When
deeming it necessary, the National Assembly shall set up an ad hoc committee to
study and/or verify a project or investigate a certain issue.
Article
24.-
1. The Nationality
Council is composed of a chairman, vice-chairmen and members. The number of
vice- chairmen and the number of members shall be decided by the National
Assembly.
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.
Article
25.-
1. A Commission of the
National Assembly is composed of a director, deputy-directors and members. The
number of deputy-directors and the number of members shall be decided by the
National Assembly.
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.
Article 30.- The
Commission for Culture, Education, Youth, Young Pioneers and Children has the
following tasks and powers:
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.
Article 34.- The
Nationality Council and the Commissions of the National Assembly shall, within
the ambit of their tasks and powers, have the responsibility to:
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.
Article 35.- The
Nationality Council and the Commissions of the National Assembly shall, within
the ambit of their tasks and powers, have the responsibility to receive
citizens, study and handle their written complaints and denunciations;
supervise the settlement of citizens’
complaints and denunciations falling in the fields of managed by the
Nationality Council or Commissions.
Article 36.- The
Nationality Council and the Commissions of the National Assembly shall effect
external relations and international cooperation under the direction of the
National Assembly Standing Committee.
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.
Article 37.- Programs
of activity of the Nationality Council and Commissions of the National Assembly
shall be decided by themselves, based on the Constitution, laws and resolutions
of the National Assembly, ordinances and resolutions of the National Assembly
Standing Committee as well as the direction and regulation of the National
Assembly Standing Committee.
Article 38.- The
Nationality Council and the Commissions of the National Assembly are entitled
to request Government members, chief judge of the Supreme People’s Court, chairman of the Supreme
People’s Procuracy and
concerned State officials to supply materials or to come to present matters
which are considered and verified by the Council or Commissions. Persons
receiving the requests of the Council or Commissions of the National Assembly
shall have to respond to such requests.
Article 39.- When
necessary, the Nationality Council and Commissions of the National Assembly
shall send their members to concerned agencies or organizations to consider and
verify matters which the Council or Commissions concern about. The concerned
agencies or organizations shall have to create conditions for members of the
Council or Commissions to perform their tasks.
Article 40.- The
Nationality Council and Commissions of the National Assembly are entitled to
propose to the Prime Minister and other Government members, the chief judge of
the Supreme People’s Court,
the chairman of the Supreme People’s
Procuracy and the presidents of the People’s
Committees of the provinces or centrally-run cities matters which fall within
the tasks and powers of the Council or the Commissions. The persons who receive
the proposals shall have to consider and reply within fifteen days at most as
from the date of receiving the proposals. Past this time limit, if the proposal
recipients fail to reply or if the Council or Commissions disagree with the
reply contents, the Council or the Commissions may propose the National
Assembly chairman to request the replies at the meetings of the National Assembly
Standing Committee or the nearest National Assembly session.
Article 41.- When
conducting activities of supervision over ministries, ministerial-level
agencies, the Supreme People’s
Court and/or the Supreme People’s
Procuracy and detecting any law violations, the Nationality Council and/or
Commissions of the National Assembly may, within the scope of their tasks and
powers, request concerned individuals or agencies to consider and, according to
their competence, suspend the implementation of, amend or annul illegal
documents, stop violation acts and handle violators. Within thirty days after
receiving the requests, the individuals or agencies must notify the settlement
thereof to the Nationality Council or Commissions of the National Assembly.
Past the above-said time limit, if the requested individuals or agencies fail
to reply, the Nationality Council or Commissions of the National Assembly may
request the Government, the Prime Minister or the National Assembly Standing
Committee to consider and decide thereon according to law provisions.
Article 42.- The
Nationality Council and Commissions of the National Assembly shall set up
sub-committees to study and prepare issues which fall within the scope of
operation of the Council or the Commissions. The sub-committee heads must be
members of the Council or Commissions; other members may not be members of the
Council or Commissions or not be National Assembly deputies.
Chapter IV
NATIONAL ASSEMBLY
DEPUTIES AND ASSOCIATIONS OF NATIONAL ASSEMBLY DEPUTIES
Article 43.- The
National Assembly deputies are persons representing the will and aspiration of
people, the representatives of not only people in their constituencies but also
people throughout the country; and are persons representing people in
exercising the state power in the National Assembly.
Article 44.- The term
of office of the deputies of each National Assembly legislature shall start
from the first session of that legislature to the first session of the National
Assembly of the subsequent legislature.
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.
Article 45.- Among the
National Assembly deputies, there are deputies working on a full-time basis and
there are deputies working on a part-time basis. The number of full-time
National Assembly deputies accounts for at least twenty five percent of the
total number of the National Assembly deputies.
Article 46.- The
National Assembly deputies are answerable to voters and at the same time to the
National Assembly for the performance of their tasks as deputies.
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.
Article 47.- The
National Assembly deputies have the task to attend the plenary meetings of the
National Assembly, meetings of the National Assembly deputies groups and of the
National Assembly deputies associations; discuss and vote on issues which fall
within the tasks and powers of the National Assembly.
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.
Article 48.- The
National Assembly deputies may propose bills, make motions on laws before the
National Assembly, draft ordinances before the National Assembly Standing
Committee according to the law-prescribed order and procedures.
Article 49.- The
National Assembly deputies have the right to question the State President, the
National Assembly chairman, the Prime Minister and other members of the
Government, the chief judge of the Supreme People’s
Court and the chairman of the Supreme People’s
Procuracy. The questioned persons have the responsibility to answer matters
questioned by the National Assembly deputies.
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.
Article 50.- The
National Assembly deputies are entitled 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.
Article 51.- The
National Assembly deputies must maintain close contacts with voters, submit to
the voters supervision, frequently contact voters, inquire into their feelings
and aspirations; gather and honestly report on voters ideas and proposals to
the National Assembly and the concerned State agencies.
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.
Article 52.- The
National Assembly deputies have the responsibility to receive citizens. Upon
receiving proposals, complaints and denunciations from citizens, the National
Assembly deputies shall have to study and promptly transfer them to competent persons
for settlement and notify the proposal makers, complainants and denouncers
thereof, urge and monitor the settlement. The persons with handling competence
must notify the concerned National Assembly deputies of the results of settling
those proposals, complaints and/or denunciations within the time limits
prescribed by the legislation on complaints and denunciations.
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.
Article 53.- Upon
detecting acts of law violation, which harm the interests of the State, the
legitimate rights and interests of social organizations, economic
organizations, people’s
armed force units or citizens, the National Assembly deputies are entitled to
request the concerned individuals, agencies, organizations and/or units to take
necessary measures to promptly stop such illegal acts. Within thirty days after
receiving the requests, the individuals, agencies, organizations and/or units
must notify the National Assembly deputies of the settlement. If past the
above-mentioned time limit the concerned individuals, agencies, organizations
and/or units fail to answer, the National Assembly deputies may lodge their
motions to the heads of the superior agencies, organizations and/or units, and
at the same time report them to the National Assembly Standing Committee for
consideration and decision.
Article 54.- When
performing their tasks, the National Assembly deputies may contact State
agencies, social organizations, economic organizations and/or people’s armed force units. The heads
of such agencies, organizations or units shall, within the scope of their tasks
and powers, have the responsibility to receive and respond to the requests of
National Assembly deputies.
Article 55.- The
National Assembly deputies are entitled to attend meetings of the People’s Councils at all levels in the
localities where they have been elected, to voice their opinions but not to
vote.
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.
Article 56.- Those
National Assembly deputies who are no longer worthy of the people’s trust shall be removed from
office by the National Assembly or the voters, depending on the seriousness of
their errors.
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.
Article 57.- The
National Assembly deputies may apply to resign from performing their
representative tasks for health or other reasons. The National Assembly
deputies resignation from their task performance shall be approved by the
National Assembly; during the interval between two National Assembly sessions,
the National Assembly Standing Committee shall decide on the case and report it
to the National Assembly at its nearest session.
Article 58.- The
National Assembly deputies must not be detained or prosecuted and their places
of residence and working must not be searched without the consents of the
National Assembly or of the National Assembly Standing Committee when the
National Assembly is in recess. The proposal to detain or prosecute National
Assembly deputies and/or to search their residential and working places falls
under the jurisdiction of the chairman of the Supreme People’s Procuracy.
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.
Article 59.- The
National Assembly deputies working on a full-time basis shall be given working
places and other necessary conditions for their representative activities.
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.
Article
60.-
1. The National Assembly
deputies elected in a province or a centrally-run city gather into an
association of National Assembly deputies. Such an association is staffed with
deputies working on a full-time basis.
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.
Article 61.- An
association of National Assembly deputies has its head and deputy-head. The
head of the association of National Assembly deputies has the following tasks:
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.
Chapter V
NATIONAL ASSEMBLY
SESSIONS
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.
Article 63.- The
National Assembly Standing Committee projects the agenda of National Assembly
sessions; the National Assembly Standing Committee of the preceding legislature
projects the agendum of the first session of the National Assembly of the new
legislature.
Article 64.- The
National Assembly Standing Committee shall decide on the convening of a regular
National Assembly session at least thirty days or an irregular National
Assembly session at least seven days, before the session opens.
The projected agenda of sessions shall be
forwarded to the National Assembly deputies together with the decisions to
convene the sessions.
Article 65.- The first
session of each National Assembly legislature shall be convened by the Standing
Committee of the preceding National Assembly legislature within sixty days as
from the date of election of National Assembly deputies.
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 68.- Issues
included in the agenda of National Assembly sessions shall be discussed and
decided at the plenary meetings. In case of necessity, the National Assembly shall
decide to hold discussions within the Nationality Council, Commissions of the
National Assembly, groups of National Assembly deputies, associations of
National Assembly deputies.
Article 69.- Government
members who are not National Assembly deputies and invited to attend National
Assembly sessions have the responsibility to attend the plenary meetings of the
National Assembly when the latter consider matters related to branches or
domains under their respective management; may voice their opinions on matters
related to their respective branches or domains at the request of the National
Assembly or at such members’
own requests which are consented by the National Assembly.
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.
Article 71.- The State
President, the Standing Committee, the Nationality Council and Commissions of
the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, Vietnam Fatherland
Front and its member organizations, and National Assembly deputies are entitled
to present bills before 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.
Article 72.- The
National Assembly shall decide on the term-long or annual law- and
ordinance-making programs at the proposal of the National Assembly Standing Committee.
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.
Article 73.- The
National Assembly shall consider and pass bills into laws at one or several
sessions of the National Assembly.
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.
Article 74.- The
National Assembly decides on long-term and annual socio-economic development
plans of the country; important national projects; national financial and
monetary policies, State budget estimates and central budget allocations.
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.
Article 75.- The
National Assembly shall consider important State projects and works after
hearing the explanation by the Government, the verification report by the
Nationality Council of concerned Commissions and vote to approve them after the
discussions by the National Assembly.
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.
Article 76.- The
National Assembly shall consider reports on sum-up of voters’ opinions and proposals.
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.
Article 77.- The
National Assembly shall consider and discuss reports on activities of the
Standing Committee, the Nationality Council or Commissions of the National
Assembly, the Government, the Supreme People’s
Court and the Supreme People’s
Procuracy at the year-end sessions. At the mid-year sessions, these bodies
shall send their working reports to the National Assembly deputies, which, when
necessary, can be considered and discussed by the National Assembly.
The National Assembly may issue resolutions on
the reported activities of agencies.
Article 78.- At the
final session of the each National Assembly legislature, the National Assembly
shall consider and discuss reports on the whole-term activities of the National
Assembly, the State President, the National Assembly Standing Committee, the
Nationality Council and Commissions of the National Assembly, the Prime
Minister, the chief judge of the Supreme People’s
Court and the chairman of the Supreme People’s
Procuracy.
The report on whole-term activities of the
National Assembly shall be prepared by the National Assembly Standing
Committee.
Article 79.- At the
first meeting of the first session of each legislature, the National Assembly
shall elect a Committee for Verification of Deputies Qualities, which is
composed of a head, a deputy-head and members recommended by the National
Assembly chairman among the National Assembly deputies.
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.
Article 80.- The
National Assembly shall elect its chairman and vice-chairmen as well as members
of its Standing Committee among the National Assembly deputies according to the
list of nominees recommended for such positions by the National Assembly
Standing Committee of the preceding legislature.
The number of National Assembly vice-chairmen
and the number of Standing Committee members shall be decided by the National
Assembly.
Article 81.- The
National Assembly shall elect the State President recommended by its Standing
Committee among the National Assembly deputies.
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.
Article 82.- The
National Assembly shall elect the chairman, vice-chairmen and members of the
Nationality Council among the National Assembly deputies according to the list
of nominees recommended by the National Assembly chairman for such positions.
The number of vice-chairmen and the number of
members of the Nationality Council shall be decided by the National Assembly.
Article 83.- The
National Assembly shall elect the director, deputy-directors and members of
each Commission among its deputies according to the list of nominees
recommended for such positions by the National Assembly chairman.
The number of deputy-directors and the number of
members of each Commission shall be decided by the National Assembly.
Article 84.- The
National Assembly shall elect the Prime Minister among the National Assembly
deputies recommended by the State President.
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.
Article 85.- The
National Assembly shall elect the chief judge of the Supreme People’s Court and the chairman of the
Supreme People’s Procuracy
among its deputies recommended by the State President.
Article 86.- The
National Assembly shall elect the Secretariat of sessions of each legislature,
consisting of the chief secretary and secretaries among the National Assembly
deputies according to the list of nominees recommended by the National Assembly
chairman.
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.
Article 87.- Those who
are elected or have their appointment ratified by the National Assembly but
cannot fulfill their duties for health or other reasons may ask for their
resignation.
Article
88.-
1. The National Assembly
shall cast votes of confidence on persons who hold positions elected or
ratified by the National Assembly at the proposal of the National Assembly
Standing Committee according to the following order:
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.
Article 89.- At
sessions subsequent to the first session, in case of necessity, the National
Assembly shall elect, relieve from duty or remove from office the National
Assembly chairman, vice-chairmen and/or members of the National Assembly
Standing Committee at the proposal of the National Assembly Standing Committee.
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.
Article 90.- At the
first session of each legislature, the National Assembly Standing Committee,
the Prime Minister, the chief judge of the Supreme People’s Court and the chairman of the
Supreme People’s Procuracy
shall report on their activities from the final session of the preceding
legislature to the first session of the new legislature.
Article 91.- Laws and
resolutions of the National Assembly must be voted for by more than half of the
total number of the National Assembly deputies. For resolutions on removal from
office of National Assembly deputies, shortening or prolongation of the
National Assembly’s term,
amendment of the Constitution must be voted for by at least two-thirds of the
total number of National Assembly deputies.
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.
Chapter VI
ASSISTING APPARATUS AND
OPERATIONAL FUND OF THE NATIONAL ASSEMBLY
Article 92.- The
National Assembly Standing Committee shall organize the assisting apparatuses
of the National Assembly, the National Assembly Standing Committee, of the
Nationality Council, Commissions of the National Assembly.
The organization and tasks of these assisting
bodies shall be defined by the National Assembly Standing Committee.
Article 93.- The
operational fund of the National Assembly constitutes an independent amount in
the State budget, which is decided by the National Assembly.
The State President shall direct and organize
the implementation of the operational fund of the National Assembly.
Chapter VII
IMPLEMENTATION PROVISIONS
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.
|
|
NATIONAL ASSEMBLY CHAIRMAN
Nguyen Van An
|