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THE STANDING
COMMITTEE OF THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Resolution No.
719/2014/UBTVQH13
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Hanoi, January
06, 2014
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RESOLUTION
GUIDING THE IMPLEMENTATION OF CLAUSE 2, ARTICLE 2 OF THE
NATIONAL ASSEMBLY’S RESOLUTION NO. 64/2013/QH13 DATED NOVEMBER 28, 2013, ON THE
IMPLEMENTATION OF THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM
THE STANDING COMMITTEE OF THE NATIONAL
ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
Pursuant to the National Assembly’ s Resolution
No. 64/2013/QH13 dated November 28, 2013, on the implementation of the
Constitution of the Socialist Republic of Vietnam;
At the proposal of the Legal Affair Committee in
Report No. 2203/TTr- UBPL13 dated December 31, 2013,
RESOLVES:
Article 1. Scope of regulation
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2. State agencies shall
perform their functions and tasks and exercise their powers defined in the
Constitution. In case the competence to settle an affair currently settled by a
state agency according to the 1992 Constitution is now transfered to another
state agency according to the Constitution of the Socialist Republic of
Vietnam, the transfer of competence is conducted in accordance with Clause 2,
Article 2 of the National Assembly’s Resolution No. 64/2013/QH13 dated November
28, 2013, on the implementation of the Constitution of the Socialist Republic
of Vietnam, and the guide in this Resolution.
Article 2. Ratification of, decision on
the accession to, or invalidation of treaties
1. The State President
shall propose the National Assembly to ratify, decide on the accession to, or
invalidate, treaties specified in Clause 14, Article 70 of the Constitution of
the Socialist Republic of Vietnam.
2. The Government shall
propose the President to decide on the negotiation and conclusion of treaties;
propose the State President to ratify, decide on the accession to, or
invalidate, treaties specified in Clause 6, Article 88 of the Constitution of
the Socialist Republic of Vietnam.
3. The order of and procedures for the Government to propose
the State President to decide on the negotiation and conclusion of treaties and
to ratify, or decide on the accession to, or invalidate, treaties shall comply
with the Law on the Conclusion of, Accession to, and Implementation of
Treaties.
4. The State President
may, by himself/herself or at the Government’s request, authorize in writing
the Government to organize negotiation and conclusion of treaties in the name
of the State.
Article 3. Appointment or relief from
duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic
of Vietnam
1. The Prime Minister
shall submit to the Standing Committee of the National Assembly for approval of
proposals on the appointment or relief from duty of ambassadors extraordinary
and plenipotentiary of the Socialist Republic of Vietnam.
2. The Committee for
Foreign Relations of the National Assembly shall verify reports, made by the
Prime Minister to submit to the Standing Committee of the National Assembly,
for the approval of proposals on appointment or relief from duty of ambassadors
extraordinary and plenipotentiary of the Socialist Republic of Vietnam.
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4. Based on resolutions
of the Standing Committee of the National Assembly, the State President shall
appoint or relieve from duty ambassadors extraordinary and plenipotentiary of
the Socialist Republic of Vietnam.
Article 4. Approval
for titles of Vice Chairpersons and Members of the Ethnic Council, Vice Chairpersons
and Members of the Committees of the National Assembly
1. The Chairperson of the
Ethnic Council shall propose the Standing Committee of the National Assembly to
approve titles of Vice Chairpersons and Members of the Ethnic Council; the
Chairpersons of Committees of the National Assembly shall propose the Standing
Committee of the National Assembly to approve tittles of Vice Chairpersons and
Members of the National Assembly’s Committees.
2. The Standing Committee
of the National Assembly shall discuss and issue resolutions on approval for
titles of Vice Chairpersons and Members of the Ethnic Council; and Vice
Chairpersons and Members of the National Assembly’s Committees.
Article 5. Award, promotion, demotion or deprivation of ranks of
general, naval rear admiral, naval vice admiral and naval admiral; appointment,
relief from duty or dismissal of Chief of the General Staff or Director of the
Political General Department of Vietnamese People’s Army
1. The State President
shall decide the award, promotion, demotion or deprivation of the ranks of
general, naval rear admiral, naval vice admiral and naval admiral.
2. The order of and
procedures for appointment, relief from duty or dismissal of Chief of the General
Staff or Director of the Political General Department of Vietnamese People’s
Army shall comply with current regulations.
Article 6. Appointment, relief from duty
or dismissal of Judges of People’s Courts
1. Judges of the Supreme
People’s Court, Judges of the Military Court and Judges of other Courts who
have been appointed before January 01, 2014, shall continuously perform their
tasks till the end of their terms of office, unless otherwise provided by new
laws.
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a) The Chief Justice of
the Supreme People’s Court shall submit the National Assembly for approval of
the appointment, relief from duty or dismissal of Judges of the Supreme
People’s Court at the proposal of the Selection Council of Judges of the
Supreme People’s Court;
b) The Justice Committee
of the National Assembly shall verify reports on proposals for approving the
appointment, relief from duty or dismissal of Judges of the Supreme People’s
Court submitted to the National Assembly;
c) The National Assembly
shall discuss and promulgate resolutions approving proposals for the
appointment, relief from duty or dismissal of Judges of the Supreme People’s
Court;
d) Pursuant to
resolutions of the National Assembly, the President shall appoint, relieve from
duty or dismiss Judges of the Supreme People’s Court.
3. The Chief Justice of
the Supreme People’s Court shall propose the State President to appoint,
relieve from duty or dismiss Judges of other Courts at the proposal of the
Selection Councils of Judges of the People’s Court and the Military Court.
Article 7. The
establishment, dissolution, consolidation, separation, or adjustment of
boundaries of administrative units
1. The Government shall
propose the Standing Committee of the National Assembly to decide the
establishment, dissolution, consolidation, separation, or adjustment of
boundaries of the administrative units under the provinces or
centrally-affiliated cities.
2. The Legal Affair Committee of the National Assembly shall
verify the Government’s schemes on establishment, dissolution, consolidation,
separation, or adjustment of boundaries of the administrative units under the
provinces or centrally-affiliated cities.
3. The Standing Committee
of the National Assembly shall discuss and issue resolutions on the
establishment, dissolution, consolidation, separation, or adjustment of
boundaries of the administrative units under the provinces or centrally-affiliated
cities.
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Article 8. Effect
This Resolution takes
effect on the date of its signing.
ON BEHALF OF
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nguyen Sinh Hung