Luật 57/2014/QH13

Law No. 57/2014/QH13 dated November 20, 2014, on organization of the National Assembly

Nội dung toàn văn Law No. 57/2014/QH13 on organization of the national assembly


THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 57/2014/QH13

Hanoi, November 20, 2014

 

LAW

ON ORGANIZATION OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Organization of the National Assembly.

Chapter I

POSITION, FUNCTIONS, TASKS AND POWERS OF THE NATIONAL ASSEMBLY

Article 1. Position and functions of the National Assembly

1. The National Assembly is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam.

2. The National Assembly shall exercise constitutional and legislative powers, decide on important issues for the country, and conduct the supreme oversight over the activities of the State.

Article 2. Term of the National Assembly

1. The term of the National Assembly is five years, counting from the opening date of the first session of the National Assembly of a term to the opening date of the first session of the National Assembly of the succeeding term.

2. Sixty days before the expiration of the term of the National Assembly, a new National Assembly shall be elected.

3. In special cases, the National Assembly shall decide to shorten or extend its term at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of National Assembly deputies vote for it. The extension of a term of the National Assembly must not exceed twelve months, except in wartime.

Article 3. Principles and effectiveness of operation of the National Assembly

1. The National Assembly shall work under the conferential regime and make decisions by a vote of the majority.

2. The effectiveness of operation of the National Assembly shall be ensured by the effectiveness of sessions of the National Assembly, activities of its Standing Committee, Ethnic Council, Committees, deputies’ delegations and deputies, and by the effectiveness of the coordination with the President, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front Central Committee and other agencies and organizations.

Article 4. Making and amending the Constitution

1. The President, the Standing Committee of the National Assembly, the Government or at least one-third of the total number of National Assembly deputies may propose the National Assembly to consider and make decision on making or amending the Constitution.

The National Assembly shall decide to make or amend the Constitution when at least two-thirds of the total number of National Assembly deputies vote for it.

2. The National Assembly shall set up the Constitution Drafting Committee. The membership, number of members, tasks and powers of the Constitution Drafting Committee shall be decided by the National Assembly at the proposal of the Standing Committee of the National Assembly.

3. The Constitution Drafting Committee shall draft the Constitution, collect public opinions about the draft Constitution and submit it to the National Assembly.

4. The Constitution shall be passed by the National Assembly when at least two-thirds of the total number of National Assembly deputies vote for it. The National Assembly shall hold a referendum on the Constitution in the case prescribed in Clause 1, Article 19 of this Law.

Article 5. Making and amending laws

1. The National Assembly shall decide on legislative programs at the proposal of the Standing Committee of the National Assembly.

2. Before being submitted to the National Assembly, bills shall be verified by the Ethnic Council or Committees of the National Assembly and commented by the Standing Committee of the National Assembly.

3. The National Assembly shall discuss, consider and pass a bill into a law at one or several of its sessions, depending on the contents of the bill.

Article 6. Supreme oversight by the National Assembly

1. The National Assembly shall perform the supreme oversight over the observance of the Constitution, laws and resolutions of the National Assembly.

2. The National Assembly shall perform the supreme oversight over the activities of the President, the Standing Committee of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the National Election Council, the State Audit Office, and other agencies established by the National Assembly.

Article 7. Decision on important socio-economic issues

1. The National Assembly shall decide on the country’s long-term and annual fundamental goals, targets, policies and tasks for socio-economic development; and on investment policy for national target programs and national important projects.

2. The National Assembly shall decide on fundamental national financial and monetary policies; impose, amend or abolish taxes; decide on the division of revenues and expenditures between central and local budgets; decide on safety limits for national, public and government debts; decide on state budget estimates and the allocation of the central budget; and approve the final accounts of the state budget.

3. The National Assembly shall decide on the State’s policies on ethnicities, policies on religion and basic external policies.

Article 8. Election of positions in the state apparatus

1. The National Assembly shall elect its Chairperson and Vice Chairpersons and members of its Standing Committee among National Assembly deputies according to the list of nominees for such positions presented by the Standing Committee of the National Assembly.

At its first session, the National Assembly shall elect its Chairperson and Vice Chairpersons and members of its Standing Committee at the proposal of the Standing Committee of the National Assembly of the preceding term.

2. The National Assembly shall elect the President from among its deputies at the proposal of the Standing Committee of the National Assembly. The National Assembly shall elect the Vice President from among its deputies at the proposal of the President.

3. The National Assembly shall elect the Chairperson of the Ethnic Council and Chairpersons of the Committees of the National Assembly from among its deputies at the proposal of its Standing Committee.

4. The National Assembly shall elect the Prime Minister from among its deputies at the proposal of the President.

5. The National Assembly shall elect the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy at the proposal of the President.

6. The National Assembly shall elect the Chairperson of the National Election Council, the State Auditor General and the Secretary General of the National Assembly at the proposal of its Standing Committee.

7. Apart from the persons nominated by the competent agencies or persons prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the Standing Committee of the National Assembly shall submit to the National Assembly for decision lists of candidates for election to the positions prescribed in this Article in case there are National Assembly deputies standing for election or additionally nominating candidates for election.

8. After being elected, the President, Chairperson of the National Assembly, Prime Minister and Chief Justice of the Supreme People’s Court shall take an oath of loyalty to the Fatherland, the People and the Constitution.

Article 9. Approval of positions in the state apparatus

1. The National Assembly shall approve the Prime Minister’s proposals on the appointment of Deputy Prime Ministers, ministers and other members of the Government according to the list of nominees for such positions.

2. The National Assembly shall approve the proposals of the Chief Justice of the Supreme People’s Court on the appointment of judges of the Supreme People’s Court.

3. The National Assembly shall approve the list of members of the National Defense and Security Council at the proposal of the President.

4. The National Assembly shall approve the list of members of the National Election Council at the proposal of the Chairperson of the National Election Council.

Article 10. Resignation by persons elected or approved by the National Assembly

1. A person who is elected or approved by the National Assembly but cannot perform his/her tasks for health or other reasons may apply for resignation.

2. A resignation application shall be sent to the agency or person that has nominated the applicant to the National Assembly for election or approval as prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 8, and Article 9, of this Law. That agency or person shall propose the National Assembly to relieve of duty or approve the relief of duty for that applicant at the next session of the National Assembly.

Article 11. Relief of duty, removal from office, approval of proposals on relief of duty or dismissal of holders of positions elected or approved by the National Assembly

The National Assembly shall relieve of duty, remove from office or approve proposals on relief of duty or dismissal of holders of positions elected or approved by the National Assembly prescribed in Articles 8 and 9 of this Law at the proposal of the competent agencies or persons that nominated such persons to the National Assembly for election or approval.

Article 12. Collection of votes of confidence

1. The National Assembly shall collect votes of confidence on holders of the following positions:

a/ President, Vice President;

b/ Chairperson, Vice Chairperson of the National Assembly, member of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairperson of the Committee of the National Assembly;

c/ Prime Minister, Deputy Prime Minister, minister, another member of the Government;

d/ Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, State Auditor General.

2. The time limit, time and order of collection of votes of confidence on the concerned persons shall be stipulated by the National Assembly.

Article 13. Casting of votes of confidence

1. The National Assembly shall cast votes of confidence on holders of positions elected or approved by the National Assembly in the following cases:

a/ At the proposal of the Standing Committee of the National Assembly;

b/ At the proposal of at least twenty percent of the total number of National Assembly deputies;

c/ At the proposal of the Ethnic Council or a Committee of the National Assembly;

d/ A person on whom votes of confidence have been collected under Article 12 of this Law received low-confidence votes from two-thirds or more of the total number of National Assembly deputies.

2. A person subject to casting of votes of confidence who receives no-confidence votes from more than half of the total number of National Assembly deputies may apply for resignation. In case he/she does not resign, the competent agency or person that nominated such person to the National Assembly for election or approval prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 8, and Article 9, of this Law shall propose the National Assembly to consider and decide on the relief of duty or approve the proposal on relief of duty of that person.

Article 14. Decision on establishment and abolition of agencies; establishment, dissolution, consolidation, separation and adjustment of administrative boundaries

1. The National Assembly shall decide on the establishment and abolition of ministries or ministerial-level agencies; and establishment, dissolution, consolidation, division, and adjustment of administrative boundaries, of provinces, centrally run cities and special administrative-economic units at the proposal of the Government.

2. The National Assembly shall decide on the establishment and abolition of other agencies in accordance with the Constitution and law.

Article 15. Annulment of documents which contravene the Constitution, laws or resolutions of the National Assembly

1. The National Assembly shall, at the proposal of its Standing Committee, annul documents of the President, Government, Prime Minister, Supreme People’s Court, Supreme People’s Procuracy and other agencies established by the National Assembly which contravene the Constitution, laws or resolutions of the National Assembly.

2. The National Assembly shall annul documents of its Standing Committee which contravene the Constitution, laws or resolutions of the National Assembly at the proposal of the President.

Article 16. Decision on general amnesty

The National Assembly shall decide on a general amnesty at the proposal of the President.

Article 17. Decision on issues of war and peace

1. The National Assembly shall determine or cancel a state of war at the proposal of the National Defense and Security Council.

2. In case of war, the National Assembly shall decide to assign special tasks and powers to the National Defense and Security Council.

3. The National Assembly shall stipulate a state of emergency and other special measures to ensure national defense and security.

Article 18. Approval of and decision on accession to or withdrawal from treaties

The National Assembly shall, at the proposal of the President, approve and decide on the accession to treaties related to war, peace, national sovereignty or the membership of the Socialist Republic of Vietnam in important international and regional organizations, treaties on human rights or fundamental rights and obligations of citizens, and withdrawal from these treaties and other treaties that are not consistent with the laws or resolutions of the National Assembly.

Article 19. Holding referenda

1. The National Assembly shall decide to hold a referendum on the Constitution or other important issues at the proposal of its Standing Committee or of the President, the Government, or at least one-third of the total number of National Assembly deputies.

2. The outcome of a referendum must be of decisive value for the issue put to referendum.

Article 20. Consideration of summary reports on opinions and petitions of voters nationwide and their settlement

1. The National Assembly shall consider summary reports on opinions and petitions of voters nationwide jointly submitted by the Vietnam Fatherland Front Central Committee and the Standing Committee of the National Assembly.

2. The National Assembly shall consider reports on oversight of the settlement of voters’ petitions by competent state agencies submitted by its Standing Committee.

3. When necessary, the National Assembly shall issue a resolution on the settlement of voters’ petitions.

4. State agencies and concerned organizations shall study, settle and respond to voters’ petitions and report on the settlement results to the National Assembly and its Standing Committee.

Chapter II

NATIONAL ASSEMBLY DEPUTIES

Article 21. Position and role of National Assembly deputies

1. A National Assembly deputy shall represent the will and aspirations of the People of his/her constituency and of the whole country and exercise the state power in the National Assembly on behalf of the People.

2. A National Assembly deputy shall take responsibility before voters and the National Assembly for the performance of his/her tasks and exercise of his/her powers as a deputy.

3. National Assembly deputies are equal in discussing and deciding on matters within the tasks and powers of the National Assembly.

Article 22. Criteria of National Assembly deputies

1. To be loyal to the Fatherland, the People and the Constitution, to strive to carry out the renewal cause for the goal of a prosperous people and a strong, democratic, equitable and civilized country.

2. To possess moral qualities, to be diligent, thrifty, incorruptible, public-spirited and selfless, exemplary in the observance of law; to have the spirit and be determined to control corruption, waste and all manifestations of bureaucracy, imperiousness and authoritarianism and other illegal acts.

3. To possess educational and professional qualifications, to have full capacity, health, work experience and prestige to perform the tasks of a National Assembly deputy.

4. To keep close ties with the People, to listen to opinions of the People, to gain confidence of the People.

5. To have the conditions to participate in the activities of the National Assembly.

Article 23. Number of National Assembly deputies

1. The total number of National Assembly deputies must not exceed 500, including fulltime and part-time National Assembly deputies.

2. The number of full-time National Assembly deputies must account for at least thirty five percent of the total number of National Assembly deputies.

Article 24. Activity time of National Assembly deputies

1. Full-time National Assembly deputies shall spend all their working time performing their tasks and exercising their powers at agencies of the National Assembly or National Assembly deputies’ delegations in localities.

2. Part-time National Assembly deputies shall spend at least one-third of their working time in a year performing the tasks and exercising the powers of a deputy. Heads of agencies, organizations or units where the National Assembly deputies work shall arrange time and work and create necessary conditions for the deputies to perform their tasks and exercise their powers.

Article 25. Term of office of National Assembly deputies

The term of office of National Assembly deputies must follow the term of the National Assembly.

The term of office of additionally elected National Assembly deputies must last from the date of opening of the session following the by-election to the date of opening of the first session of the National Assembly of the succeeding term.

Article 26. Responsibility for participation in activities of the National Assembly and its agencies

1. National Assembly deputies shall attend all sessions and plenary meetings of the National Assembly; participate in the activities of National Assembly deputies’ delegations; and discuss and vote on issues which fall within the tasks and powers of the National Assembly.

2. National Assembly deputies who are members of the Ethnic Council or Committees of the National Assembly shall attend meetings and participate in other activities of the Council or Committees; and discuss and vote on issues which fall within the tasks and powers of their Council or Committees.

3. Full-time National Assembly deputies shall attend conferences of full-time National Assembly deputies and other conferences convened by the Standing Committee of the National Assembly.

Article 27. Responsibility toward voters

1. National Assembly deputies shall keep close ties with voters and submit to the voter supervision; frequently contact voters, inquire into their feelings and aspirations; collect voters’ opinions and petitions and honestly report them to the National Assembly and concerned agencies and organizations; and inform the People of, and mobilize them to implement, the Constitution and laws.

2. National Assembly deputies shall meet voters of their constituencies under voter meeting programs of the National Assembly deputies’ delegations. National Assembly deputies may meet voters at their places of residence and workplaces; meet voters by theme, field, category or geographical area about which the deputies are concerned. During these meetings, National Assembly deputies shall report to voters on their activities and activities of the National Assembly; voters or their representatives at constituencies may contribute their opinions to National Assembly deputies in voter conferences which are jointly held by the National Assembly deputies’ delegations, the Fatherland Front Committees and local administrations when necessary.

Article 28. Responsibility for receiving citizens, receiving and settling complaints, denunciations and petitions of citizens

1. National Assembly deputies shall receive citizens in accordance with law.

2. Upon receiving a complaint, denunciation or petition from a citizen, a National Assembly deputy shall study and promptly forward it to a competent person for settlement and notify the complainant, denouncer or petitioner thereof; and press for, monitor and oversee the settlement. The competent person shall notify the National Assembly deputy of the result of settling such complaint, denunciation or petition within the time limit prescribed by law.

3. In case he/she considers that the settlement of a complaint, denunciation or petition is unlawful, a National Assembly deputy is entitled to meet the head of the concerned agency, organization or unit to inquire into the case and request the re-consideration thereof. When necessary, the National Assembly deputy may request the head of the immediate superior agency, organization or unit of that agency, organization or unit to settle.

Article 29. The right to submit bills and draft ordinances and motions on laws and ordinances

1. A National Assembly deputy has the right to submit bills or draft ordinances or motions on laws or ordinances to the National Assembly or its Standing Committee according to the order and procedures prescribed by law.

2. A National Assembly deputy may receive counseling and assistance in making and completing dossiers of bills or draft ordinances or motions on laws or ordinances in accordance with law.

Article 30. The right to join as members in, and participate in the activities of, the Ethnic Council and Committees of the National Assembly

1. A National Assembly deputy has the right to join as member in the Ethnic Council or a Committee of the National Assembly.

On the basis of his/her professional qualifications and work experience, a National Assembly deputy may register to be a member of the Ethnic Council or a Committee of the National Assembly. Based on the registrations of National Assembly deputies, the Chairperson of the Ethnic Council and Chairpersons of the Committees of the National Assembly shall make a list of members of the Council or Committees and submit it to the Standing Committee of the National Assembly for approval.

2. A National Assembly deputy who is not a member of the Ethnic Council or of a Committee of the National Assembly may register to attend meetings of the Council or Committee to discuss issues about which he/she is concerned.

Article 31. The right to stand for election and nominate candidates for election for the positions elected by the National Assembly

1. A National Assembly deputy has the right to stand for election or nominate candidates for election for the positions elected by the National Assembly prescribed in Article 8 of this Law.

2. A nominee has the right to withdraw from the list of candidates for election.

Article 32. The right to question

1. A National Assembly deputy has the right to raise questions to the President, Chairperson of the National Assembly, Prime Minister, ministers and other members of the Government, Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy and State Auditor General.

2. The questioned person shall present his/her answers before the National Assembly at a session of the National Assembly or, in the recess of two National Assembly sessions, at a meeting of the Standing Committee of National Assembly; the National Assembly or its Standing Committee may, as necessary, allow the questioned person to give written answers.

3. A National Assembly deputy who disagrees with the answers has the right to raise questions again at a meeting of the National Assembly or the Standing Committee of the National Assembly or to send written questions to the questioned person.

Article 33. The right to propose

1. A National Assembly deputy has the right to propose the National Assembly to make or amend the Constitution, hold a referendum, establish an ad-hoc Committee of the National Assembly, cast votes of confidence on holders of positions elected or approved by the National Assembly or convene an extraordinary or closed meeting of the National Assembly and to make proposals on other issues the National Assembly deputy finds necessary.

2. A National Assembly deputy’s proposal shall be made in writing, specifying the reason for and contents of the proposal, and sent to the Standing Committee of the National Assembly.

The Standing Committee of the National Assembly shall summarize and process proposals of National Assembly deputies according to its competence and report to the National Assembly in the cases prescribed in Clause 3 of this Article or in other cases it finds necessary.

3. When at least one-third of the total number of National Assembly deputies propose the National Assembly to make or amend the Constitution, hold a referendum, establish an ad-hoc Committee of the National Assembly or convene an extraordinary or closed meeting of the National Assembly, or twenty percent or more of the total number of National Assembly deputies propose the National Assembly to cast votes of confidence on a person holding a position elected or approved by the National Assembly, the Standing Committee of the National Assembly shall report such to the National Assembly for consideration and decision.

4. The number of proposals required in Clause 3 of this Article is the total number of proposals received by the Standing Committee of the National Assembly from the opening date of a session to before the opening date of the next session, or, in case the National Assembly deputies propose the National Assembly to convene a closed meeting, to before the opening date of the meeting of the National Assembly on the related issue.

5. A National Assembly deputy has the right to propose agencies, organizations or individuals to apply necessary measures to implement the Constitution or law or protect the rights and interests of the State, human rights or lawful rights and interests of citizens.

Article 34. The right to request when detecting illegal acts

1. When detecting an illegal act which harms the interests of the State or lawful rights and interests of an organization or individual, a National Assembly deputy has the right to request concerned agencies and organizations to take necessary measures to promptly stop that act.

2. Within 15 days after receiving a National Assembly deputy’s request, an agency or organization shall settle that request and notify in writing the National Assembly deputy thereof. Past this time limit, if the agency or organization fails to reply, the National Assembly deputy may request the head of the superior agency or organization of that agency or organization to consider and settle his/her request.

Article 35. The right to request provision of information

1. When performing his/her tasks or exercising his/her powers, a National Assembly deputy has the right to request agencies, organizations and individuals to provide information and documents related to their tasks.

2. The head of an agency or organization or a person shall respond to the requests of National Assembly deputies within the time limit prescribed by law.

Article 36. The right to attend People’s Council sessions

1. A National Assembly deputy has the right to attend sessions of the People’s Councils of all levels in the locality where he/she was elected, to give opinions on state management issues, issues related to the People’s life and other issues about which he/she is concerned.

2. Chairpersons of People’s Councils of all levels shall notify the National Assembly deputies who stand for election in their localities of the time, contents and agendas of the sessions of their People’s Councils, invite the deputies to attend and provide necessary documents to them.

Article 37. The right to immunity of National Assembly deputies

1. No National Assembly deputy may be arrested, held in custody, detained, prosecuted or have his/her place of residence or workplace searched, unless so consented by the National Assembly or, when the National Assembly is in recess, by the Standing Committee of the National Assembly. The proposal to arrest, put in custody, detain or prosecute a National Assembly deputy or to search his/her place of residence and workplace must fall under the jurisdiction of the Procurator General of the Supreme People’s Procuracy.

In case a National Assembly deputy is taken into custody for a flagrant offense, the agency holding the deputy in custody shall immediately report the case to the National Assembly or its Standing Committee for consideration and decision.

2. No National Assembly deputy may be removed from office, dismissed, forced to resign or sacked by the agency, organization or unit where he/she works, unless so consented by the Standing Committee of the National Assembly.

Article 38. Change of work, application to resign from performing the tasks of a National Assembly deputy

1. During his/her term of office, a National Assembly deputy who moves to work in another province or centrally run city may join the National Assembly deputies’ delegation of the locality of his/her new workplace.

2. A National Assembly deputy may apply to resign from performing the tasks of a deputy for health or other reasons. The approval of such application shall be decided by the National Assembly or, when the National Assembly is in recess, by the Standing Committee of the National Assembly, which shall report its decision to the National Assembly at its next session.

3. A National Assembly deputy may resign from performing the tasks of a deputy on the date the National Assembly or its Standing Committee approves the resolution to permit him her to do so.

Article 39. Suspension or loss of the rights of National Assembly deputies

1. When a National Assembly deputy is charged with an offense, the Standing Committee of the National Assembly shall decide to suspend the performance of tasks and exercise of powers by the deputy.

The National Assembly deputy may resume performance of his/her tasks and powers and have his/her lawful interests restored when a competent agency terminates the investigation or the criminal case against him/her or from the time a legally effective court judgment or decision pronounces that this deputy is innocent or exempted from penal liability.

2. A National Assembly deputy who is convicted under a court judgment or decision shall automatically lose the rights of a National Assembly deputy from the date that judgment or decision takes legal effect.

Article 40. Removal from office of National Assembly deputies

1. A National Assembly deputy who no longer deserves the People’s confidence shall be removed from office by the National Assembly or voters.

2. In case a National Assembly deputy is removed from office by the National Assembly, such removal shall be voted for by at least two-thirds of the total number of National Assembly deputies.

3. In case a National Assembly deputy is removed from office by voters, such removal shall be carried out in the order stipulated by the Standing Committee of the National Assembly.

Article 41. Allowances and other benefits of National Assembly deputies

1. Allowances and other benefits of full-time National Assembly deputies and allowances of National Assembly deputies who are not salaried by the state budget shall be stipulated by the Standing Committee of the National Assembly.

2. National Assembly deputies shall be provided with monthly activity allowances and funds for contractual hiring of experts and secretaries and other activities to serve their activities as stipulated by the Standing Committee of the National Assembly.

Article 42. Guaranteed conditions for National Assembly deputies

1. The duration in which a National Assembly deputy works on a full-time basis shall be counted as his/her uninterrupted work time. When a full-time National Assembly deputy no longer performs the representative tasks, a competent agency or organization shall arrange other work for the deputy.

The duration in a year a part-time National Assembly deputy spends performing the tasks of a National Assembly deputy prescribed in Clause 2, Article 24 of this Law shall be included in his/her working period at the agency, organization or unit where the deputy works.

2. A full-time National Assembly deputy shall be provided with a workplace and necessary physical and technical facilities for his/her representative activities.

3. A National Assembly deputy is entitled to priority in purchasing train, bus, ship and air tickets and in crossing bridges or taking ferries. When getting sick, a National Assembly deputy who is not a medium- or high-ranking official is entitled to the medical examination and treatment regime prescribed for medium-ranking officials. When passing away, a National Assembly deputy or a former National Assembly deputy who is not a state cadre, civil servant or public employee is entitled to the regime on organization of funeral applicable to state cadres and civil servants.

Article 43. National Assembly deputies’ delegations

1. A National Assembly deputies’ delegation is the organization of National Assembly deputies elected in a province or centrally run city or moving to work in this province or city.

2. A National Assembly deputies’ delegation has the following tasks and powers:

a/ To organize the reception of citizens by National Assembly deputies; to coordinate with the standing bodies of the local People’s Council, People’s Committee and Fatherland Front Committee in arranging and ensuring conditions for National Assembly deputies to contact voters in appropriate forms;

b/ To organize discussions by National Assembly deputies on bills, draft ordinances and other draft documents and on tentative agendas of the National Assembly sessions at the request of the Standing Committee of the National Assembly;

c/ To organize the oversight by the delegation and organize the oversight by its National Assembly deputies in the locality; to join and coordinate with the Ethnic Council and Committees of the National Assembly in their oversight activities in the locality; to monitor and press for the settlement of citizens’ complaints, denunciations and petitions forwarded by National Assembly deputies and the delegation to competent agencies, organizations, units and persons; to request concerned agencies, organizations and persons to provide information and report on issues about which the delegation is concerned;

d/ To report to the Standing Committee of the National Assembly on activities of the delegation and its National Assembly deputies;

dd/ To manage and direct activities of the delegation’s Office.

3. A National Assembly deputies’ delegation must have its Head or Deputy Head who is a full-time National Assembly deputy. The Head and Deputy Head of the delegation shall be elected by the National Assembly deputies’ delegation from among its deputies and approved by the Standing Committee of the National Assembly.

The Head of a National Assembly deputies’ delegation shall organize and administer activities of the delegation.

The Deputy Head shall assist the Head in performing tasks as assigned by the latter. When the Head is absent, the Deputy Head shall be authorized by the Head to perform the former’s tasks.

4. A National Assembly deputies’ delegation must have a working office. The Office of a National Assembly deputies’ delegation is the body advising, assisting and serving activities of the deputies and the delegation in the locality. Operation funds of the National Assembly deputies’ delegations shall be ensured by the state budget.

Chapter III

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY AND THE CHAIRPERSON OF THE NATIONAL ASSEMBLY

Article 44. Position, functions and organizational structure of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly is the permanent body of the National Assembly.

2. The Standing Committee of the National Assembly shall be composed of the Chairperson, who is the Chairperson of the National Assembly, Vice Chairpersons, who are Vice Chairpersons of the National Assembly, and Members. Members of the Standing Committee of the National Assembly must be National Assembly deputies who work on a full-time basis and may not concurrently be members of the Government. The numbers of Vice Chairpersons and Members of the Standing Committee of the National Assembly shall be decided by the National Assembly.

3. The term of office of the Standing Committee of the National Assembly must start from the time the Standing Committee is elected by the National Assembly and end when a new Standing Committee is elected by the new National Assembly.

Article 45. Responsibilities of members of the Standing Committee of the National Assembly

1. Members of the Standing Committee of the National Assembly shall take collegial responsibility for the performance of tasks and exercise of powers of the Standing Committee; take personal responsibility before the Standing Committee for issues assigned by the latter; attend meetings of the Standing Committee and discuss and vote on matters falling within its tasks and powers.

2. When authorized by the Standing Committee of the National Assembly, its members may represent the Standing Committee to work with ministries, sectors and other agencies and organizations and report on working results to the Standing Committee.

Article 46. Work coordination between the Standing Committee of the National Assembly and agencies, organizations, units and individuals

1. When performing its tasks and exercising its powers, the Standing Committee of the National Assembly shall coordinate with the President, the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy, the State Auditor General, the National Election Council and the Presidium of the Vietnam Fatherland Front Central Committee; and, when necessary, request the participation of representatives from other agencies and organizations and citizens.

2. The Government, the Supreme People’s Court, the Supreme People’s Procuracy, other state agencies, socio-political organizations, social organizations, socio-professional organizations,, economic organizations, people’s armed forces units and citizens shall respond to requests of the Standing Committee of the National Assembly.

Article 47. The Standing Committee of the National Assembly preparing, convening and presiding over National Assembly sessions

1. To prepare agendas of National Assembly sessions and decide to convene the sessions.

2. To direct, harmonize and coordinate activities of concerned agencies in preparing the agendas of the sessions; to consider and give opinions on the preparation of bills, draft resolutions, reports and other draft documents to be submitted to the National Assembly; to consider summary reports on discussion results of the Ethnic Council, Committees of the National Assembly, and of National Assembly deputies in their delegations; to project issues to be discussed at the plenary meetings of the National Assembly.

3. To organize and ensure the implementation of the agendas of National Assembly sessions, to propose the National Assembly to adjust the agendas when necessary.

4. To organize the National Assembly’s voting to pass bills, draft resolutions and other issues falling within the tasks and powers of the National Assembly.

5. To coordinate with the Vietnam Fatherland Front Central Committee in presenting to the National Assembly summary reports on opinions and petitions of voters nationwide; to propose the National Assembly to discuss and adopt resolutions on the settlement of voters’ petitions.

6. To decide on other issues related to National Assembly sessions.

Article 48. Making of laws and ordinances

1. The Standing Committee of the National Assembly shall draft law- and ordinance-making programs and submit them to the National Assembly for decision; direct the implementation of the law- and ordinance-making programs; adjust these programs and report the adjustments to the National Assembly at its next session; set up drafting committees and designate agencies to verify bills and draft ordinances in accordance with law; give comments on bills before they are submitted to the National Assembly; direct the study, assimilation and justification of opinions of National Assembly deputies in order to revise and finalize bills and submit them to the National Assembly for consideration and passage.

2. The Standing Committee of the National Assembly shall enact ordinances on matters assigned by the National Assembly.

Draft ordinances shall be verified by the Ethnic Council or Committees of the National Assembly before they are submitted to the Standing Committee of the National Assembly. When necessary, the Standing Committee of the National Assembly shall decide to send draft ordinances to National Assembly deputies for comment before passage.

Article 49. Interpretation of the Constitution, laws and ordinances

1. The Standing Committee of the National Assembly shall decide to interpret the Constitution, a law or an ordinance on its own decision or at the proposal of the President, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Ethnic Council, a Committee of the National Assembly, the Vietnam Fatherland Front Central Committee or the central agency of a member organization of the Front or at the request of National Assembly deputies.

2. Depending on the nature and content of the matter to be interpreted, the Standing Committee of the National Assembly shall assign the Government, the Supreme People’s Court, the Supreme People’s Procuracy or the Ethnic Council or a Committee of the National Assembly to draft a resolution on the interpretation of the Constitution or a law or an ordinance and submit it to the Standing Committee for consideration and decision.

3. A draft resolution on the interpretation of the Constitution or a law or an ordinance shall be verified by the Ethnic Council or a Committee of the National Assembly in terms of conformity with the spirit and contents of the interpreted provisions of the Constitution, law or ordinance.

Article 50. Oversight by the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall organize the implementation of the oversight program of the National Assembly and, when the National Assembly is in recess, adjust this program and report it to the National Assembly at its next session.

2. The Standing Committee of the National Assembly shall oversee the implementation of the Constitution, laws and resolutions of the National Assembly and ordinances and resolutions of the Standing Committee of the National Assembly; and activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office and other agencies established by the National Assembly.

Article 51. Suspension and annulment of documents of central state agencies

1. The Standing Committee of the National Assembly shall suspend on its own decision or at the proposal of the Ethnic Council, Committees or deputies of the National Assembly the implementation of a document of the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy or another agency established by the National Assembly which contravenes the Constitution or a law or resolution of the National Assembly, and propose the National Assembly to annul that document at its next session.

2. The Standing Committee of the National Assembly shall annul on its own decision or at the proposal of the Ethnic Council, Committees or deputies of the National Assembly a document of the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy or another agency established by the National Assembly which contravenes an ordinance or a resolution of the Standing Committee of the National Assembly.

Article 52. The Standing Committee of the National Assembly directing, harmonizing and coordinating activities of the Ethnic Council and Committees of the National Assembly

1. To assign the Ethnic Council or Committees of the National Assembly to verify bills, draft ordinances and resolutions, and other reports and documents except in cases decided by the National Assembly; to assign the Ethnic Council or Committees of the National Assembly to implement the National Assembly’s oversight program and other contents as requested by the National Assembly; to assign the Ethnic Council or Committees of the National Assembly to oversee a number of matters under the oversight program of the Standing Committee of the National Assembly.

2. To request the Ethnic Council and Committees of the National Assembly to periodically report on their activity programs and plans and the implementation thereof.

3. To coordinate activities of the Ethnic Council and Committees of the National Assembly carried out in the same locality or with the same agency or organization.

4. To consider and respond to proposals of the Ethnic Council or Committees of the National Assembly.

5. When necessary, the Chairperson or a Vice Chairperson of the National Assembly shall work with the Chairperson or the standing body of the Ethnic Council or the Chairperson or the standing body of a Committee of the National Assembly on matters falling within the tasks and powers of the Ethnic Council or that Committee.

Article 53. Responsibility of the Standing Committee of the National Assembly for the election, relief of duty, removal from office and approval of positions in the state apparatus

1. To propose the National Assembly to elect, relieve of duty and remove from office the President, Chairperson of the National Assembly, Vice Chairperson of the National Assembly, Member of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairperson of a Committee of the National Assembly, Chairperson of the National Election Council, State Auditor General and Secretary General of the National Assembly.

2. To decide on the numbers of Vice Chairpersons, standing Members, full-time Members and other Members of the Ethnic Council, the numbers of Vice Chairpersons, standing Members, full-time Members and other Members of a Committee of the National Assembly; to approve the list of Vice Chairpersons, standing Members, full-time Members and other Members of the Ethnic Council, and approve the resignation of members of the Ethnic Council at the proposal of the Chairperson of the Ethnic Council; to approve the list of Vice Chairpersons, standing Members, full-time Members and other Members of a Committee of the National Assembly and approve the resignation of members of the Committee at the proposal of the Chairperson of the Committee.

3. To approve the proposals of the Prime Minister on the appointment and relief of duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

4. To approve results of election of Heads and Deputy Heads of National Assembly deputies’ delegations.

5. To approve results of election of Chairpersons and Vice Chairpersons of provincial- level People’s Councils.

Article 54. Responsibility of the Standing Committee of the National Assembly for activities of National Assembly deputies and National Assembly deputies’ delegations

1. To guide activities of National Assembly deputies and National Assembly deputies’ delegations; to consider activity reports of National Assembly deputies’ delegations and National Assembly deputies.

2. To receive questions of National Assembly deputies and forward them to questioned persons and decide on the deadline and form of answering; to receive and summarize proposals of National Assembly deputies; to present to the National Assembly for consideration proposals of National Assembly deputies prescribed in Clause 3, Article 33 of this Law; to consider and respond to other proposals of National Assembly deputies; when necessary, to send oversight or working teams to localities to examine matters proposed by National Assembly deputies and National Assembly deputies’ delegations.

3. To stipulate operation allowances and other allowances and benefits and conditions to ensure activities of National Assembly deputies; to decide on the distribution of the operation funds to National Assembly deputies’ delegations.

4. When the National Assembly is in recess, to consider proposals of the Procurator General of the Supreme People’s Procuracy on the arrest, custody, detention of and institution of criminal cases against National Assembly deputies and persons being elected to the National Assembly, search of places of residence and workplaces of National Assembly deputies; to decide to suspend the performance of tasks and exercise of powers of National Assembly deputies who are charged with an offence; to report to the National Assembly on the loss of representative powers of National Assembly deputies.

5. To consider and decide on the transfer of National Assembly deputies to work in other National Assembly deputies’ delegations when they move to work in other provinces or centrally run cities. To consider proposals of agencies, organizations or units where National Assembly deputies work on the removal from office, dismissal, resignation and sack of these deputies.

6. To decide to propose the National Assembly or voters of constituencies to remove from office National Assembly deputies at the proposal of the Vietnam Fatherland Front Central

Committee or provincial-level Fatherland Front Committees; to decide to approve, when the National Assembly is in recess, the resignation by National Assembly deputies from performing their representative tasks, and report such to the National Assembly at the next session.

Article 55. The Standing Committee of the National Assembly overseeing and guiding activities of People’s Councils

1. To oversee and guide the activities of People’s Councils.

2. To annul on its own decision or at the proposal of the Prime Minister the Ethnic Council, a Committee or deputies of the National Assembly or annul resolutions of provincial-level People’s Councils that contravene the Constitution, laws or documents of superior state agencies.

3. To dissolve on its own decision or at the proposal of the Government provincial-level People’s Councils in case they cause serious harms to the People’s interests.

Article 56. Establishment, dissolution, consolidation, separation, and adjustment of boundaries of, administrative units under provinces or centrally run cities

1. The Standing Committee of the National Assembly shall decide on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries of, administrative units under provinces or centrally run cities at the proposal of the Government.

2. Plans on the establishment, dissolution, consolidation, separation, or adjustment of boundaries of, administrative units under provinces or centrally run cities shall be verified by Committees of the National Assembly before they are submitted to the Standing Committee of the National Assembly for consideration and decision.

Article 57. Decision on state of war and general or partial mobilization; declaration or cancellation of state of emergency

1. In case the National Assembly cannot meet, the Standing Committee of the National Assembly shall decide on a state of war at the proposal of the National Defense and Security Council and report such to the National Assembly at the next session; and decide on general or partial mobilization at the proposal of the National Defense and Security Council or the Prime Minister.

2. The Standing Committee of the National Assembly shall, at the proposal of the Prime Minister, declare a state of emergency nationwide or in each locality when the whole country or one or more than one locality suffer(s) a serious disaster caused by nature or humans or a widespread dangerous epidemic which poses a serious threat to property of the State or organizations, life, health or property of the People or is in a situation which poses a serious threat to national security and social order and safety. When the state of emergency no longer exists, the Standing Committee of the National Assembly shall decide to cancel such state at the proposal of the Prime Minister.

Article 58. Responsibility of the Standing Committee of the National Assembly for external relations of the National Assembly

1. To report to the National Assembly on issues within the State’s external policy related to the relationships with the national assemblies of other countries, international and regional inter-parliamentary organizations and other international organizations. When the National Assembly is in recess, to consider the Government’s reports on external relations affairs; to give comments on issues within the State’s basic external policy before they are submitted to the National Assembly.

2. To decide to host conferences of international and regional inter-parliamentary organizations in Vietnam.

3. To decide on the establishment of the Vietnam Parliamentary Friendship Organization and stipulate its organization and operation,

4. To approve annual programs on external and international cooperation activities of the Standing Committee of the National Assembly; to direct, harmonize and coordinate external and international cooperation activities of the Ethnic Council, Committees of the National Assembly, parliamentary friendship groups, agencies of the Standing Committee of the National Assembly, the State Audit Office and the Office of the National Assembly.

5. To consider and evaluate results of the implementation of annual programs on external and international cooperation activities of the National Assembly; to consider reports on results of visits and working visits of the National Assembly’s delegations abroad and of delegations of foreign national assemblies and international organizations to the National Assembly of Vietnam; to consider and report on results of international conferences hosted by the National Assembly.

Article 59. Referendum holding

1. The Standing Committee of the National Assembly shall hold a referendum under the decision of the National Assembly.

2. The Standing Committee of the National Assembly shall stipulate the form of ballots and the order of casting and counting the ballots; decide on specific time for holding the referendum and contents of the ballot in pursuance to the National Assembly’s resolution on the referendum; and examine and oversee the referendum.

3. The Standing Committee of the National Assembly shall announce on the results of a referendum to the National Assembly at the next session.

Article 60. Meetings of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall discuss and decide on matters falling within its tasks and powers at its meetings.

A meeting of the Standing Committee of the National Assembly shall be attended by at least two-thirds of the total number of its members.

2. The Chairperson of the National Assembly shall preside over meetings of the Standing Committee of the National Assembly. Vice Chairpersons of the National Assembly shall assist the Chairperson of the National Assembly in administering the meetings as assigned by the latter.

3. Members of the Standing Committee of the National Assembly shall attend all meetings. When unable to attend a meeting, they shall report on the reason to the Chairperson of the National Assembly for consideration and decision.

4. The President has the right to attend meetings of the Standing Committee of the National Assembly; the Prime Minister, the Chief Justice of the Supreme People’s Court, the  Procurator General of the Supreme People’s Procuracy, the Chairperson and Vice Chairpersons of the Ethnic Council, and the Chairpersons and Vice Chairpersons of Committees of the National Assembly may be invited to meetings of the Standing Committee of the National Assembly.

Standing and full-time Members of the Ethnic Council or Committees of the National Assembly may be invited to meetings of the Standing Committee of the National Assembly which discuss matters under the charge of the Council or Committees.

5. Representatives of concerned agencies and organizations may be invited to meetings of the Standing Committee of the National Assembly which discuss relevant matters.

Article 61. Time of meetings of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall hold regular meetings once a month.

2. When necessary, the Standing Committee of the National Assembly shall meet under the decision of the Chairperson of the National Assembly, or at the proposal of the President, the Prime Minister or at least one-third of the total number of its members.

Article 62. Preparation of agendas and decision to convene meetings of the Standing Committee of the National Assembly

1. The Chairperson of the National Assembly shall direct the preparation of a meeting of the Standing Committee of the National Assembly; project the agenda and decide on the time of the meeting and measures to ensure the meeting. Vice Chairpersons of the National Assembly and Members of the Standing Committee of the National Assembly shall prepare contents assigned by the Chairperson of the National Assembly.

2. Under the direction of the Chairperson of the National Assembly and on the basis of the working programs of the Standing Committee, the Ethnic Council and Committees of the National Assembly, and the situation and progress of preparation of contents projected to be submitted to the Standing Committee of the National Assembly, the Secretary General- Chairperson of the Office of the National Assembly shall prepare the tentative agenda of a meeting of the Standing Committee of the National Assembly no later than 30 days before the meeting opens. The tentative agenda of the meeting shall be sent to members of the Standing Committee of the National Assembly and the standing bodies of the Ethnic Council and Committees of the National Assembly for opinion before it is submitted to the Chairperson of the National Assembly for consideration and decision.

3. The Secretary General-Chairperson of the Office of the National Assembly shall send the tentative agenda of the meeting already decided by the Chairperson of the National Assembly to agencies and organizations that have contents to be submitted to the Standing Committee of the National Assembly no later than 20 days before the meeting opens; and send the tentative agenda of the meeting together with the decision to convene the meeting to members of the Standing Committee of the National Assembly no later than 7 days before the meeting opens.

4. The Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Ethnic Council, Committees of the National Assembly and concerned agencies and organizations shall prepare and verify draft documents and reports on the meeting agenda as assigned by the Standing Committee of the National Assembly or according to their tasks and powers prescribed by law.

Article 63. Documents of meetings of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall consider matters on the agenda of a meeting only when all necessary documents are available.

2. Documents of a meeting of the Standing Committee of the National Assembly shall be sent to its members no later than 5 days before the meeting opens. If a meeting is convened according to Clause 2, Article 61 of this Law, the documents shall be sent to members of the Standing Committee of the National Assembly no later than 2 days before the meeting opens.

Article 64. Tasks and powers of the Chairperson of the National Assembly

1. To preside over National Assembly sessions, to ensure the implementation of regulations on activities of National Assembly deputies and on National Assembly sessions; to sign for authentication the Constitution, laws and resolutions of the National Assembly.

2. To lead the work of the Standing Committee of the National Assembly; to direct the preparation of tentative agendas of and convene and preside over meetings of the Standing Committee of the National Assembly; to sign ordinances and resolutions of the Standing Committee of the National Assembly.

3. To preside over conferences of full-time National Assembly deputies and other conferences held by the Standing Committee of the National Assembly.

4. To convene and preside over conferences of the Chairperson of the Ethnic Council and Chairpersons of Committees of the National Assembly to discuss programs of activities of the National Assembly, the Ethnic Council and Committees of the National Assembly; when necessary, to attend meetings of the Ethnic Council and Committees of the National Assembly.

5. To maintain relations with National Assembly deputies.

6. To direct the use of the operation funds of the National Assembly.

7. To direct and organize the implementation of the National Assembly’s external relations work; to represent the National Assembly in its external relations; to lead activities of Vietnamese National Assembly delegations in international and regional inter-parliamentary organizations.

Article 65. Tasks and powers of Vice Chairpersons of the National Assembly

Vice Chairpersons of the National Assembly shall assist the Chairperson of the National Assembly in performing tasks as assigned by the latter. When the Chairperson of the National Assembly is absent, a Vice Chairperson authorized by the Chairperson shall perform the tasks and exercise the powers of the latter.

Chapter IV

THE ETHNIC COUNCIL AND COMMITTEES OF THE NATIONAL ASSEMBLY

Article 66. The Ethnic Council and Committees of the National Assembly

1. The Ethnic Council and Committees of the National Assembly are agencies of the National Assembly which shall take responsibility before and report on their work to the National Assembly; when the National Assembly is in recess, they shall report their work to the Standing Committee of the National Assembly.

2. Committees of the National Assembly include: a/ The Law Committee;

b/ The Judicial Committee;

c/ The Economic Committee;

d/ The Finance and Budget Committee;

dd/ The National Defense and Security Committee;

e/ The Committee for Culture, Education, Youth, Teenagers and Children;

g/ The Social Affairs Committee;

h/ The Science, Technology and Environment Committee;

i/ The External Affairs Committee.

3. The National Assembly shall establish an ad-hoc Committee of the National Assembly according to Articles 88 and 89 of this Law.

Article 67. Organizational structures of the Ethnic Council and Committees of the National Assembly

1. The Ethnic Council shall be composed of the Chairperson, Vice Chairpersons and standing, full-time and other Members. A Committee of the National Assembly shall be composed of the Chairperson, Vice Chairpersons and standing, full-time and other Members.

2. The Chairpersons of the Ethnic Council and Committees of the National Assembly shall be elected by the National Assembly; Vice Chairpersons and standing, full-time and other Members of the Ethnic Council and Committees of the National Assembly shall be approved by the Standing Committee of the National Assembly.

3. The standing body of the Ethnic Council or a Committee of the National Assembly shall assist the Ethnic Council or Committee in dealing with regular affairs of the Council or Committee when the latter is in recess.

The standing body of the Ethnic Council must comprise the Chairperson, Vice Chairpersons and standing Members. The standing body of a Committee of the National Assembly must comprise the Chairperson, Vice Chairpersons and standing Members.

4. The Ethnic Council or a Committee of the National Assembly shall establish subcommittees to study and prepare matters under its field of work. The head of a sub-committee must be a member of the Ethnic Council or a Committee while other members may be other than members of the Ethnic Council or the Committee or National Assembly deputies.

Article 68. Working principles, term of office and reporting responsibility of the Ethnic Council and Committees of the National Assembly

1. The Ethnic Council or a Committee of the National Assembly shall work on a collegial basis and make decisions by a vote of the majority.

2. The term of office of the Ethnic Council or a Committee of the National Assembly must follow the term of the National Assembly.

3. At the year-end session of the National Assembly, the Ethnic Council and Committees of the National Assembly shall send their work reports to the National Assembly deputies and the Standing Committee of the National Assembly. At the final session of each National Assembly, the Ethnic Council and Committees of the National Assembly shall send summary reports on their activities to National Assembly deputies.

Article 69. Tasks and powers of the Ethnic Council

1. To verify bills and draft ordinances on policies on ethnicities; to verify other draft documents as assigned by the National Assembly or its Standing Committee; to verify the assurance of the policies on ethnicities in bills and draft ordinances before they are submitted to the National Assembly or its Standing Committee.

2. To contribute opinions on the promulgation of the Government’s regulations to implement policies on ethnicities.

3. To oversee the implementation of laws and resolutions of the National Assembly and ordinances and resolutions of the Standing Committee of the National Assembly in the field of ethnicity; to oversee the implementation of policies on ethnicities, programs and plans for socio-economic development in mountainous regions and ethnic minority areas.

4. To oversee ethnic work-related documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies.

5. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on matters under the charge of the Ethnic Council.

6. To make proposals on the State’s policies on ethnicities and the organization and operation of concerned agencies and proposals related to ethnic work.

Article 70. Tasks and powers of the Law Committee

1. To verify bills and draft ordinances on civil or administrative matters, the state apparatus organization, excluding the apparatus organization of justice agencies; to verify other draft documents as assigned the National Assembly or its Standing Committee; to verify law- and ordinance-making proposals of agencies, organizations or National Assembly deputies and National Assembly deputies’ motions on laws and ordinances; to assist the Standing Committee of the National Assembly in preparing tentative law- and ordinance-making programs.

2. To guarantee the constitutionality, legality and consistency of the legal system, to ensure legislative techniques for bills and draft ordinances before they are submitted to the National Assembly or its Standing Committee for approval; to verify proposals of the Ethnic Council or Committees of the National Assembly, or proposals of the President, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front Central Committee, central agencies of member organizations of the Front or National Assembly deputies on documents showing signs of contravening the Constitution.

3. To assume the prime responsibility for verifying plans on the establishment or abolition of ministries, ministerial-level agencies or other agencies established by the National Assembly; to verify plans on the establishment, dissolution, consolidation, separation, or adjustment of the boundaries, of administrative units; and the Government’s reports on the settlement of citizens’ complaints and denunciations.

4. To oversee the implementation of laws and resolutions of the National Assembly and ordinances and resolutions of the Standing Committee of the National Assembly on civil or administrative matters, the state apparatus organization, excluding the apparatus organization of justice agencies; to oversee activities of the Government, ministries and ministerial-level agencies in the fields under the Committee’s charge.

5. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies in the fields under the Committee’s charge.

6. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge; to propose necessary measures to improve the state apparatus, protect the Constitution and law and guarantee the consistency of the legal system.

Article 71. Tasks and powers of the Judicial Committee

1. To verify bills and draft ordinances on criminal matters, criminal procedures, civil procedures, administrative procedures, judgment enforcement, judicial assistance, corruption prevention and control and apparatus organization of justice agencies and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To verify the Government’s reports on law violation and crime prevention and control and judgment enforcement work; to verify work reports of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy; to assume the prime responsibility for verifying the Government’s reports on corruption prevention and control.

3. To verify proposals of the Chief Justice of the Supreme People’s Court on approval of the appointment, relief of duty, or dismissal of judges of the Supreme People’s Court; and the President’s proposals on general amnesty.

4. To oversee the implementation of laws and resolutions of the National Assembly and of ordinances and resolutions of the Standing Committee of the National Assembly on criminal matters, criminal procedures, civil procedures, administrative procedures, judgment enforcement, judicial assistance, corruption prevention and control and apparatus organization of justice agencies; to oversee activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy, ministries and ministerial-level agencies in investigation, prosecution, trial, judgment enforcement and judicial assistance; to oversee the detection and handling of corrupt acts.

5. To oversee documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies, the Supreme People’s Court and the Supreme People’s Procuracy in the fields under the Committee’s charge.

6. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge; to make proposals related to the organization and operation of justice agencies and other concerned agencies, criminal matters, criminal procedures, civil procedures, administrative procedures, judgment enforcement, judicial assistance and corruption prevention and control.

Article 72. Tasks and powers of the Economic Committee

1. To verify bills and draft ordinances on economic administration, land, monetary, banking and business activities and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To assume the prime responsibility for verifying programs, projects and plans on basic national socio-economic development objectives, targets, policies and tasks; and the Government’s reports on the implementation of basic socio-economic development objectives, targets, policies and tasks; to verify basic national monetary policies.

3. To oversee the implementation of laws and resolutions of the National Assembly and of ordinances and resolutions of the Standing Committee of the National Assembly, on economic administration, land, monetary, banking and business activities; to assume the prime responsibility for overseeing activities of the Government, ministries and ministerial-level agencies in the implementation of programs, projects and plans on basic socio-economic development objectives, targets, policies and tasks and economic policies.

4. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies in the fields under the Committee’s charge.

5. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge.

6. To make proposals related to the organization and operation of concerned agencies and on economic administration, land, monetary, banking and business activities.

Article 73. Tasks and powers of the Finance and Budget Committee

1. To verify bills and draft ordinances on finance, budget and state audit and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To verify basic policies on national finance, division of revenues and expenditures between central and local budgets, safe limits of national, public and government debts; to assume the prime responsibility for verifying state budget estimates, plans on central budget addition and the state budget finalization.

3. To oversee the implementation of laws and resolutions of the National Assembly and of ordinances and resolutions of the Standing Committee of the National Assembly on finance, budget and state audit; to oversee activities of the Government, ministries and ministerial-level agencies in the implementation of state budget estimates and financial and monetary policies.

4. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies in the fields under the Committee’s charge.

5. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge.

6. To make proposals related to the organization and operation of concerned agencies and on finance, budget and state audit.

Article 74. Tasks and powers of the National Defense and Security Committee

1. To verify bills and draft ordinances on national defense, security and social order and safety and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To oversee the implementation of laws and resolutions of the National Assembly and of ordinances and resolutions of the Standing Committee of the National Assembly on national defense, security and social order and safety; to oversee the Government, ministries and ministerial-level agencies in performing national defense and security tasks and ensuring social order and safety.

3. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies in the fields under the Committee’s charge.

4. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge.

5. To make proposals related to the organization and operation of concerned agencies and on national defense, security and social order and safety.

Article 75. Tasks and powers of the Committee for Culture, Education, Youth, Teenagers and Children

1. To verify bills and draft ordinances on culture, education, information, communication, beliefs, religion, tourism, sports, youth, teenagers and children and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To oversee the implementation of laws and resolutions of the National Assembly and ordinances and resolutions of the Standing Committee of the National Assembly on culture, education, information, communication, beliefs, religion, tourism, sports, youth, teenagers and children; to oversee activities of the Government, ministries and ministerial-level agencies in the implementation of policies on culture, education, information, communication, religions, tourism and sports under national socio-economic development plans and programs; to oversee the implementation of policies toward the youth, teenagers and children.

3. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies on the fields under the Committee’s charge.

4. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly in the fields under the Committee’s charge.

5. To make proposals related to the organization and operation of concerned agencies and on development of culture, education, information, communication, beliefs, religion, tourism and sports and policies toward the youth, teenagers and children.

Article 76. Tasks and powers of the Social Affairs Committee

1. To verify bills and draft ordinances on labor, employment, health, population, social security, gender equity, emulation, commendation and social evil prevention and control and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To verify the incorporation of gender equity issues into bills and draft ordinances and resolutions submitted to the National Assembly or its Standing Committee.

3. To oversee the implementation of laws and resolutions of the National Assembly, and of ordinances and resolutions of the Standing Committee of the National Assembly on labor, employment, health, population, social security, gender equity, emulation, commendation and social evil prevention and control; to oversee activities of the Government, ministries and ministerial-level agencies in the implementation of policies on labor, employment, health, population, social security, gender equality, emulation, commendation and social evil prevention and control under national socio-economic development plans and programs.

4. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies in the fields under the Committee’s charge.

5. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge.

6. To make proposals related to the organization and operation of concerned agencies and on policies and measures to settle matters on labor, employment, health, population, social security, gender equality, emulation, commendation and social evil prevention and control.

Article 77. Tasks and powers of the Science, Technology and Environment Committee

1. To verify bills and draft ordinances on science, technology, natural resources, environmental protection, response to climate change and disaster prevention and control and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To oversee the implementation of laws and resolutions of the National Assembly, and of ordinances and resolutions of the Standing Committee of the National Assembly on science, technology, natural resources, environmental protection, response to climate change and disaster prevention and control; to oversee activities of the Government, ministries and ministerial-level agencies in the implementation of policies on science, technology, natural resources, environmental protection, response to climate change and disaster prevention and control under national socio-economic development plans and programs.

3. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies in the fields under the Committee’s charge.

4. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge.

5. To make proposals related to the organization and operation of concerned agencies and on science and technology development, natural resources, environmental protection, response to climate change and disaster prevention and control.

Article 78. Tasks and powers of the External Affairs Committee

1. To verify bills and draft ordinances on external affairs of the State and other draft documents as assigned by the National Assembly or its Standing Committee.

2. To assume the prime responsibility for verifying treaties which the National Assembly is competent to approve and decide on their accession or withdrawal; to verify the Government’s reports on external relations work; to verify the Prime Minister’s proposals for approval of the appointment or relief of duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

3. To oversee the implementation of laws and resolutions of the National Assembly, and of ordinances and resolutions of the Standing Committee of the National Assembly on foreign affairs; to oversee activities of the Government, ministries and ministerial-level agencies in the implementation of external relations policies of the State; to oversee the conclusion, accession to and implementation of treaties and international agreements; to oversee external relations and external economic activities of sectors and localities; to oversee the implementation of the State’s policies toward overseas Vietnamese and foreigners living in Vietnam.

4. To oversee documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies in the fields under the Committee’s charge.

5. To carry out external relations with the national assemblies of other countries and international and regional inter-parliamentary organizations under the direction of the Standing Committee or the Chairperson of the National Assembly.

6. To submit bills before the National Assembly and draft ordinances before the Standing Committee of the National Assembly on the fields under the Committee’s charge; to make proposals related to the organization and operation of concerned agencies and on external policies of the State, relations with the national assemblies of other countries, international and regional inter-parliamentary organizations and other international organizations, conclusion, accession to and implementation of treaties and international agreements, and policies toward overseas Vietnamese and foreigners living in Vietnam.

Article 79. Responsibility for verification and coordination among the Ethnic Council and Committees of the National Assembly

Within the ambit of their tasks and powers, the Ethnic Council and Committees of the National Assembly shall:

1. Join the Economic Committee in verifying programs, projects and plans on basic national socio-economic development objectives, targets, policies and tasks; and in reporting to the Government on the implementation of basic socio-economic development objectives, targets, policies and tasks;

2. Join the Finance and Budget Committee in verifying state budget estimates, plans on central budget allocation and the final accounts of the state budget finalization;

3. Join the Law Committee in verifying law- and ordinance-making proposals of agencies, organizations or National Assembly deputies’ proposals, motions of National Assembly deputies on laws or ordinances; plans on establishment or abolition of ministries, ministerial- level agencies or other agencies established by the National Assembly; and the Government’s reports on the settlement of citizens’ complaints and denunciations;

4. Join the Judicial Committee in verifying the Government’s reports on corruption prevention and control;

5. Coordinate with the External Affairs Committee in carrying out then external relations and international cooperation; join the External Affairs Committee in verifying treaties which the National Assembly is competent to approve and decide on their accession or withdrawal; join the External Affairs Committee in implementing external information work of the National Assembly;

6. Oversee the implementation of state budget, corruption prevention and control, practice of thrift and combat of waste, settlement of citizens’ complaints, denunciations, petitions and reports in the fields under their charge.

Article 80. Responsibility of the Ethnic Council and Committees of the National Assembly for protecting the Constitution

1. When performing their tasks and exercising their powers, the Ethnic Council and Committees of the National Assembly shall detect documents showing signs of contravening the Constitution and propose the agencies having promulgated those documents to amend, supplement or annul them. If these agencies fail to do so, the Council and Committees of the National Assembly have the right to propose the National Assembly or its Standing Committee to consider and handle the documents according to their competence.

2. The Law Committee shall verify proposals of the Ethnic Council or Committees of the National Assembly, and proposals of the President, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front Central Committee, central agencies of member organizations of the Front or National Assembly deputies on documents showing signs of contravening the Constitution for submission to the National Assembly or its Standing Committee for consideration and handling according to their competence.

Article 81. Request for reporting, provision of documents and assignment of members for consideration and verification

1. The Ethnic Council or a Committee of the National Assembly has the right to request members of the Government, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General and concerned persons to report and provide documents on necessary matters in the fields under the charge of the Council or Committee. Requested persons shall respond to the requests of the Ethnic Council or a Committee of the National Assembly.

2. When necessary, the Ethnic Council or a Committee of the National Assembly shall send its members to concerned agencies and organizations to consider and verify matters about which the Council or the Committee is concerned. Concerned agencies and organizations shall create conditions for the Council’s or Committee’s members to perform their duties.

Article 82. Explanation at meetings of the Ethnic Council and Committees of the National Assembly

1. The Ethnic Council or a Committee of the National Assembly has the power to request members of the Government, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General and concerned persons to explain matters in the fields under the charge of the Council or Committee.

2. Requested persons shall report and make explanations at meetings of the Ethnic Council or Committee.

3. The Ethnic Council or a Committee of the National Assembly shall make conclusions on explained matters, which shall be sent to the Standing Committee of the National Assembly, National Assembly deputies and concerned agencies and organizations.

Article 83. Work coordination with local agencies and organizations

1. The Ethnic Council and Committees of the National Assembly shall maintain contact with provincial-level People’s Councils and corresponding boards of provincial-level People’s Councils.

2. When carrying out activities in a locality, the Ethnic Council or a Committee of the National Assembly shall notify such to the provincial-level People’s Council and People’s Committee and provincial-level National Assembly deputies’ delegation for coordinated implementation.

3. Within the ambit of their tasks and powers, provincial-level People’s Councils, People’s Committees and National Assembly deputies’ delegations shall participate in activities of the Ethnic Council or Committees of the National Assembly when so requested.

Article 84. External relations and international cooperation

1. The Ethnic Council and Committees of the National Assembly shall maintain relations with concerned agencies of the national assemblies of other countries, other concerned foreign agencies and international organizations in order to study and exchange professional experience, contributing to enhancing external relations and international cooperation in line with the State’s external policies.

2. The Ethnic Council and Committees of the National Assembly shall propose and plan their annual programs on external and international cooperation activities. The External Affairs Committee shall appraise the tentative annual programs on external and international cooperation activities of the Council and Committees and submit them to the Standing Committee of the National Assembly for consideration and decision.

3. The Ethnic Council and Committees of the National Assembly shall report on the results of their external and international cooperation activities to the Standing Committee of the National Assembly. The External Affairs Committee shall annually coordinate with the Office of the National Assembly in summarizing reports on results of external and international cooperation activities of the Ethnic Council and Committees of the National Assembly.

Article 85. Tasks and powers of the Chairperson of the Ethnic Council and Chairpersons of Committees of the National Assembly

1. The Chairperson of the Ethnic Council or a Committee of the National Assembly has the following tasks and powers:

a/ To convene and preside over meetings of the Council or Committee;

b/ To administer work of the Council or Committee;

c/ To propose the Standing Committee of the National Assembly to approve Vice Chairpersons, standing, full-time and other members of the Council or Committee;

d/ To maintain regular contact with members of the Council or Committee;

dd/ To attend meetings of the Standing Committee of the National Assembly; to be invited to meetings of the Government which discuss policies on ethnicities, for the Chairperson of the Ethnic Council;

e/ On behalf of the Council or Committee, to maintain contact with concerned agencies and organizations;

g/ To perform other tasks assigned by the Standing Committee of the National Assembly.

2. Vice Chairpersons of the Ethnic Council shall assist the Chairperson in performing tasks as assigned by the latter. When the Chairperson of the Ethnic Council is absent, a Vice Chairperson authorized by the Chairperson shall perform the tasks and exercise the powers of the latter.

Vice Chairpersons of a Committee of the National Assembly shall assist the Chairperson in performing tasks as assigned by the latter. When the Chairperson of the Committee is absent, a Vice Chairperson authorized by the Chairperson shall perform the tasks and exercise the powers of the latter.

Article 86. Tasks and powers of the standing body of the Ethnic Council or of a Committee of the National Assembly

1. To plan programs and plans of activities of the Council or Committee and submit them to the Council or Committee for consideration and decision.

2. To organize the implementation of programs and plans of activities, and conclusions, of the Council or Committee.

3. To prepare contents and documents of activities of the Council or Committee; to provide necessary information and materials for members of the Council or Committee; on the basis of results of meetings of the Council or Committee, to prepare verification and other reports of the Council or Committee and submit them to the National Assembly or its Standing Committee.

4. To conduct preliminary verification of bills, draft ordinances and other reports and documents for submission to the Standing Committee of the National Assembly for consideration before they are submitted to the National Assembly.

5. To prepare comments on contents of agendas of meetings of the Standing Committee of the National Assembly when being invited to the meetings; to participate in the activities of the Council, other Committees and concerned agencies and organizations; to organize oversight teams and work teams of the Council or Committee; to receive citizens, to study and process citizens’ complaints, denunciations, petitions and reports sent to the Council or Committee.

6. To organize the implementation of directions, harmonization and coordination of the Standing Committee of the National Assembly for activities of the Council or Committee; to periodically report to the Council or Committee on the activities of the standing body of the Council or Committee.

7. To coordinate with the Secretary General-Chairperson of the Office of the National Assembly in specifically defining the organization, tasks and powers of professional units directly assisting the Council or Committee.

8. To coordinate with the Secretary General-Chairperson of the Office of the National Assembly in recruiting, appointing, commending and disciplining civil servants and implementing regimes and policies for civil servants of professional units directly assisting the Council or Committee.

9. To give professional direction to professional units directly assisting the Council or Committee; to decide on the use of funds allocated to the Council or Committee.

10. Before its term of office expires, to plan the structure and number of members of the Council or Committee of the subsequent term and report such to the Standing Committee of the National Assembly.

11. To settle other affairs of the Council or Committee and report them to the Council or Committee at the next meeting.

Article 87. Plenary meetings of the Ethnic Council and Committees of the National Assembly

1. The Ethnic Council or a Committee of the National Assembly shall hold a plenary meeting to verify bills, draft ordinances or resolutions or other reports or documents for submission to the National Assembly or its Standing Committee; and consider and decide on other matters falling within its tasks and powers.

2. The members of the Ethnic Council or a Committee shall attend meetings of the Council or Committee according to the summons of the Chairperson of the Council or Committee; discuss and vote on matters considered at the meetings; and, when unable to attend the meetings, report the reason to the Chairperson of the Council or Committee.

3. The Chairperson and Vice Chairpersons of the National Assembly have the right to attend and give directing opinions at meetings of the Council or Committee.

4. The Ethnic Council or a Committee of the National Assembly may invite National Assembly deputies who are not its members, representatives of concerned agencies and organizations and specialists to participate in its activities. Concerned agencies and organizations shall create conditions for invited persons to participate in the activities of the Council or Committee.

5. When the Ethnic Council meets to discuss policies for ethnic groups, its Chairperson shall invite to such meeting representatives of ethnic groups which have no representatives in the National Assembly who are People’s Council deputies.

Article 88. Establishment of an Ad-hoc Committee

1. An Ad-hoc Committee of the National Assembly shall be established in the following cases:

a/ To verify bills, draft ordinances or other reports or documents submitted by the Standing Committee of the National Assembly to the National Assembly or with contents related to the fields under the charge of the Ethnic Council and other Committees of the National Assembly;

b/ To investigate a specific matter when deeming it necessary.

2. The Standing Committee of the National Assembly shall propose the National Assembly to consider and decide on the establishment of an ad-hoc Committee at the proposal of the Ethnic Council, a Committee of the National Assembly or at least one-third of the total number of National Assembly deputies.

Article 89. Organizational structure, tasks and powers of an Ad-hoc Committee

1. An Ad-hoc Committee shall be composed of its Chairperson, Vice Chairpersons and Members. Members of the Ad-hoc Committee are National Assembly deputies. The composition, number of members and specific tasks and powers of the Ad-hoc Committee shall be decided by the National Assembly at the proposal of its Standing Committee.

2. An Ad-hoc Committee shall report to the Standing Committee of the National Assembly and the National Assembly on the results of performance of its tasks and exercise of powers assigned by the National Assembly. The Ad-hoc Committee’s report on investigation results shall be verified by the Ethnic Council or a Committee of the National Assembly. The National Assembly shall consider and adopt a resolution on investigation results of the Ad- hoc Committee.

3. An Ad-hoc Committee shall terminate operation after fulfilling its tasks.

Chapter V

NATIONAL ASSEMBLY SESSIONS

Article 90. National Assembly sessions

1. The National Assembly shall hold its sessions in public.

The National Assembly may, when necessary and at the proposal of the President, Standing Committee of the National Assembly, Prime Minister or by at least one-third of the total number of National Assembly deputies, decide to conduct a closed session.

2. The National Assembly shall hold two regular sessions a year.

The National Assembly shall hold an extraordinary session when so requested by the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of National Assembly deputies.

3. The National Assembly shall discuss and decide on matters falling within its tasks and powers at its sessions according to the procedures provided in the Rules on National Assembly sessions and other related laws.

Article 91. Agendas of National Assembly sessions

1. On the basis of the National Assembly’s resolution and proposals of the President, the Prime Minister, the Vietnam Fatherland Front Central Committee, the Chief Justice of the

Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, and the Ethnic Council, Committees and deputies of the National Assembly, the Standing Committee of the National Assembly shall prepare the agenda for a National Assembly session.

The Standing Committee of the ongoing National Assembly shall prepare the agenda for the first session of the succeeding National Assembly.

2. The tentative agenda of a National Assembly session shall be published in the mass media no later than 15 days before the session opens, for a regular session, and no later than 4 days before the session opens, for an extraordinary session.

3. The National Assembly shall decide on the agenda of its session. When necessary and at the proposal of the President, the Prime Minister, the Vietnam Fatherland Front Central Committee, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, and the Ethnic Council, Committees and deputies of the National Assembly, the Standing Committee of the National Assembly shall propose the National Assembly to decide on the modification of the session agenda.

Article 92. Convening National Assembly sessions

1. The Standing Committee of the National Assembly shall decide to convene a regular or an extraordinary National Assembly session no later than 30 days or 7 days respectively before the session opens.

2. The first session of a newly elected National Assembly shall be convened within sixty days from the date of election of National Assembly deputies.

3. The decision to convene a session together with its tentative agenda shall be sent to National Assembly deputies.

Article 93. Persons invited to National Assembly sessions; observers at National Assembly sessions

1. The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, members of the Government, the State Auditor General and heads of agencies established by the National Assembly other than National Assembly deputies who are invited to National Assembly sessions shall attend plenary meetings of the National Assembly session which discuss matters related to the sectors or fields under their charge. Persons invited to a National Assembly session may give their opinions about matters related to the sectors or fields under their charge if so approved by the Chairperson of the National Assembly or shall give opinions at the request of the Chairperson of the National Assembly.

2. Representatives of state agencies, central agencies of political organizations, socio-political organizations, social organizations, economic organizations, people’s armed forces units and press agencies and international guests may be invited to public meetings of the National Assembly.

3. Citizens may attend public meetings of the National Assembly as observers.

Article 94. Forms of working at National Assembly sessions

1. Plenary meetings of the National Assembly.

2. Meetings held by the Standing Committee of the National Assembly to discuss and consider contents under the session agendas.

3. Meetings held by the Ethnic Council or Committees of the National Assembly to discuss and consider contents on the session agenda in the fields under the charge of the Council or Committees.

4. Meetings of the National Assembly deputies’ delegations and groups of National Assembly deputies to discuss contents on the session agenda.

5. When necessary, the Chairperson of the National Assembly may invite heads of the National Assembly deputies’ delegations, the Chairperson of the Ethnic Council, Chairpersons of Committees of the National Assembly and other related National Assembly deputies to exchange opinions on matters to be presented to the National Assembly for consideration and decision.

6. Opinions of National Assembly deputies presented at plenary meetings, meetings of the National Assembly deputies’ delegations and groups of National Assembly deputies and written opinions of National Assembly deputies must be equally valid and be fully collected and summarized for reporting to the National Assembly.

Article 95. Responsibility for presiding over National Assembly meetings

1. The Chairperson of the National Assembly shall preside over National Assembly meetings, ensure the implementation of the agenda of the session and the regulations on National Assembly sessions. Vice Chairpersons of the National Assembly shall assist the Chairperson in administering the meetings as assigned by the latter.

2. At the first session of each National Assembly, the Chairperson of the ongoing National Assembly shall open and preside over meetings of the National Assembly until the new National Assembly elects its Chairperson.

Article 96. Voting at plenary meetings

1. The National Assembly shall decide on matters at plenary meetings by voting. National Assembly deputies have the right to vote for, to vote against or to abstain.

2. The National Assembly shall decide to apply one of the following forms of voting:

a/ Open vote;

b/ Secret vote.

3. Laws and resolutions of the National Assembly shall be passed when they are voted for by more than half of the total number of National Assembly deputies, except the cases prescribed in Clause 3, Article 2, Clause 4, Article 4, and Clause 2, Article 40, of this Law.

Article 97. Documents of National Assembly sessions

1. The Chairperson of the National Assembly shall decide on official documents to be used at a session at the proposal of the Secretary General-Chairperson of the Office of the National Assembly.

2. Bills, draft resolutions and other documents shall be sent to National Assembly deputies no later than 20 days, and other documents, no later than 10 days, before the National Assembly session opens.

3. National Assembly deputies shall comply with regulations on the use and preservation of documents during the session.

4. The Secretary General-Chairperson of the Office of the National Assembly shall decide on reference documents for National Assembly deputies at the session.

Chapter VI

SECRETARY GENERAL, OFFICE OF THE NATIONAL ASSEMBLY, AGENCIES OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY AND OPERATION FUNDS OF THE NATIONAL ASSEMBLY

Article 98. Secretary General of the National Assembly

1. The Secretary General of the National Assembly shall be elected, relieved of duty and removed from office by the National Assembly. The Secretary General shall advise on and serve activities of the National Assembly, its Standing Committee and National Assembly deputies and perform the tasks and exercise the powers below:

a/ To advise the Chairperson of the National Assembly and the Standing Committee of the National Assembly on tentative working programs of the National Assembly and the Standing Committee of the National Assembly; and on the order and procedures for carrying out activities of the National Assembly and its Standing Committee;

b/ To coordinate with the Ethnic Council, Committees of the National Assembly and concerned agencies and organizations in drafting resolutions regarding contents assigned by the National Assembly or its Standing Committee;

c/ To be the speaker of the National Assembly and its Standing Committee; to organize the information provision, press, publication, library and museum work and information technology application to serve activities of the National Assembly and its agencies and deputies;

d/ To organize secretarial work at National Assembly sessions and meetings of the Standing Committee of the National Assembly; to collect and summarize opinions of National Assembly deputies; to sign minutes of sessions and meetings;

dd/ To perform other tasks and exercise other powers as assigned by the Chairperson of the National Assembly or its Standing Committee.

2. The Secretary General of the National Assembly shall be assisted by a Secretariat. The organizational structure, tasks and powers of the Secretariat shall be specifically defined by the Standing Committee of the National Assembly.

Article 99. The Office of the National Assembly

1. The Office of the National Assembly is the administrative agency providing general advice and services for the National Assembly and the Standing Committee, Ethnic Council, Committees and deputies of the National Assembly. The Office of the National Assembly has the following tasks and powers:

a/ To organize services for National Assembly sessions, meetings of the Standing Committee of the National Assembly and other activities of the National Assembly and its Standing Committee, Ethnic Council and Committees;

b/ To manage cadres, civil servants, public employees and other employees serving the National Assembly and its agencies;

c/ To manage the operation funds of the National Assembly;

d/ To ensure physical foundations and other conditions for the activities of the National Assembly and its agencies, offices of the National Assembly deputies’ delegations and National Assembly deputies; to create conditions for National Assembly deputies to propose bills and draft ordinances and motions on laws and ordinances.

2. The Secretary General cum Chairperson of the Office of the National Assembly shall take responsibility before the National Assembly and its Standing Committee for the activities of the Office of the National Assembly.

Vice Chairpersons of the Office of the National Assembly shall be appointed, relieved of duty and dismissed at the proposal of the Secretary General-Chairperson of the Office of the National Assembly.

3. The Standing Committee of the National Assembly shall specifically define the organizational structure, tasks and powers of the Office of the National Assembly; decide on the payroll of cadres, civil servants and public employees and stipulate regimes and policies applicable to cadres, civil servants and public employees and other employees of the Office of the National Assembly in conformity with specific characteristics of the activities of the National Assembly.

Article 100. Agencies of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall establish its agencies to advise and assist it in specific affairs.

2. The Standing Committee of the National Assembly shall define the organizational structures, tasks and powers of, and policies applicable to cadres, civil servants and public employees and other employees working at, these agencies in conformity with specific characteristics of the National Assembly.

Article 101. Operation funds of the National Assembly

1. The operation funds of the National Assembly include the fund for general activities of the National Assembly and the fund for activities of the Standing Committee, the Ethnic Council, the Committees, the Secretary General and the Office of the National Assembly, agencies of the Standing Committee of the National Assembly and National Assembly deputies’ delegations, which constitute a separate item in the state budget to be decided by the National Assembly.

2. The estimation, management, allocation and use of the operation fund of the National Assembly must comply with the law on state budget.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 102. Effect

1. This Law takes effect on January 1, 2016.

2. Law No. 30/2001/QH10 on Organization of the National Assembly, which was amended and supplemented under Law No. 83/2007/QH11, ceases to be effective on the effective date of this Law.

This Law was passed on November 20, 2014, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.-

 

 

CHAIRPERSON OF THE NATIONAL ASSEMBLY




Nguyen Sinh Hung

 

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