Laws of Vietnam

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, 10th session;

Chapter I

0. Article 6.-

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

2. The National Assembly Standing Committee is composed of the National Assembly Chairman as its head, the National Assembly Vice-chairmen as its deputy-heads and other members.

The number of National Assembly vice-chairmen and the number of members of the National Assembly Standing Committee shall be decided by the National Assembly.

3. The National Assembly Standing Committee members must not concurrently be the Government members and work according to the full-time regime.

4. The Standing Committee of each National Assembly legislature shall perform its tasks and exercise its powers until the National Assembly of new legislature elects a new Standing Committee.

Article 7.- The National Assembly Standing Committee has the following tasks and powers:

1. To announce and sponsor the election of deputies to the National Assembly;

2. To prepare for, convene and sponsor the National Assembly sessions;

3. To explain constitutions, laws and ordinances;

4. To make ordinances on matters assigned by the National Assembly;

5. To supervise the enforcement of the constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; to supervise the activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy; to suspend the implementation of documents issued by the Government, the Prime Minister, the Supreme People’s Court and/or the Supreme People’s Procuracy, which contravene the Constitution, laws, resolutions of the National Assembly and submit to the National Assembly for abrogation those documents; to abrogate documents issued by the Government, the Prime Minister, the Supreme People’s Court, the Supreme People’s Procuracy, which contravene ordinances and resolutions of the National Assembly Standing Committee;

6. To supervise and guide the activities of the People’s Councils; to abrogate wrong resolutions of the People’s Councils of the provinces or centrally-run cities; to dissolve the People’s Councils of the provinces or centrally-run cities in cases where such People’s Councils have caused serious damage to the interests of people;

7. To direct, regulate and coordinate the activities of the Nationality Council and Commissions of the National Assembly; to guide and create conditions for activities of the National Assembly deputies;

8. Where the National Assembly cannot meet, to decide on the declaration of the state of war once the country is invaded and report such to the National Assembly for consideration and decision at its nearest session;

9. To decide on the general mobilization or limited mobilization; to proclaim the state of emergency throughout the country or in each locality;

10. To perform the National Assembly’s tasks of external relations;

11. To hold referenda under decisions of the National Assembly.

Article 8.- In preparing for, convening and sponsoring the National Assembly sessions, the National Assembly Standing Committee shall have the following tasks and powers:

1. To project agendas of the sessions based on the resolutions of the National Assembly, the proposals of the State President, the Prime Minister, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy, the Nationality Council, the Commissions and deputies of the National Assembly;

2. To direct, regulate and coordinate the activities of the concerned agencies in preparing the agenda contents of the sessions; to consider the preparation of bills, reports and other projects, which shall be presented to the National Assembly;

3. To organize and ensure the implementation of the agendas of National Assembly sessions;

4. To consider petitions of voters and request the relevant agencies to study and settle them for report thereon to the National Assembly;

5. To direct the reception of comments of National Assembly deputies and comments of the public in order to revise bills, draft resolutions and other drafts for submission to the National Assembly;

6. To decide on other matters relating to National Assembly sessions.

Article 9.- In the law- and ordinance-making, the National Assembly Standing Committee shall have the following tasks and powers:

1. To work out law- and ordinance- making programs and submit them to the National Assembly for decision; to direct the implementation of the law- and ordinance-making programs;

2. To set up drafting committees and designate agencies to verify bills and/or draft ordinances according to the provisions of law;

3. To give comments on bills.

Article 10.- The National Assembly Standing Committee promulgates ordinances based on the law- and ordinance-making programs already approved by the National Assembly.

Agencies, organizations and individuals that are entitled to present bills before the National Assembly shall all have the right to present draft ordinances before the National Assembly Standing Committee.

The draft ordinances must be verified by the Nationality Council or the concerned Commissions of the National Assembly before they are submitted to the National Assembly Standing Committee. When deeming it necessary, the National Assembly Standing Committee shall decide to send the draft ordinances to the National Assembly deputies for their comments before they are adopted.

Article 11.- The National Assembly Standing Committee supervises the activities of the Government, the Supreme People’s Court, the Supreme People’s Procuracy in the enforcement of the Constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee.

The National Assembly Standing Committee shall decide on and organize the implementation of the quarterly and annual supervision programs; may assign the Nationality Council and the concerned Commissions of the National Assembly to perform a number of tasks under the supervision programs of the National Assembly Standing Committee; consider and discuss reports and recommendations in supervisory activities; request the concerned individuals, organizations and State agencies to implement recommendations which the National Assembly Standing Committee deems necessary.

Article 12.- The National Assembly Standing Committee shall propose the National Assembly to cast the vote of confidence on persons who hold positions elected or ratified by the National Assembly.

The National Assembly Standing Committee shall consider and propose the National Assembly to cast the vote of confidence on persons who hold positions elected or ratified by the National Assembly when it is so requested by at least twenty percent of the total number of the National Assembly deputies or by the Nationality Council, Commissions of the National Assembly.

Article 13.- The National Assembly Standing Committee shall decide to abrogate on its own or at the request of the Prime Minister, the Nationality Council, Commissions or deputies of the National Assembly the wrong resolutions of the People’s Councils of the provinces or centrally-run cities; dissolve the People’s Councils of the provinces or centrally-run cities in cases where such People’s Councils cause serious damage to the interests of people.

Article 14.- The National Assembly Standing Committee shall decide to abrogate on its own or at the request of the Nationality Council, Commissions or deputies of the National Assembly documents issued by the Government, the Prime Minister, the Supreme People’s Court or the Supreme People’s Procuracy, which contravene the ordinances and resolutions of the National Assembly Standing Committee; suspend the implementation of documents issued by the Government, the Prime Minister, the Supreme People’s Court and/or the Supreme People’s Procuracy, which contravene the Constitution, laws, resolutions of the National Assembly and submit to the National Assembly for decision the abrogation thereof at its nearest session.

Article 15.- Where the National Assembly cannot meet, at the request of the Defense and Security Council, the National Assembly Standing Committee shall decide on the proclamation of the state of war once the country is invaded and report such to the National Assembly for consideration and decision at its nearest session; decide on the general mobilization or limited mobilization, to proclaim the state of emergency throughout the country or in each locality.

Article 16.- During the interval between two National Assembly sessions, the National Assembly Standing Committee shall consider the replies to questions and implementation of proposals of the Nationality Council, Commissions and deputies of the National Assembly by the Prime Minister as well as other members of the Government, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy.

Article 17.- In special cases, the National Assembly Standing Committee shall propose the National Assembly by its own decision or at the request of at least one-third of the total number of the National Assembly deputies to shorten or prolong the term of the National Assembly.

Article 18.- The National Assembly Standing Committee meets at least once a month.

The documents of its meetings must be sent to the members of the National Assembly Standing Committee at least seven days before the meetings start.

Article 19.- The National Assembly Standing Committee works according to the conference regime and make decisions by majority. A National Assembly Standing Committee meeting must be attended by at least two-thirds of its members. Ordinances and resolutions of the National Assembly Standing Committee must be voted for by more than half of its members. The ordinances and resolutions must be promulgated within fifteen days at most as from the date they are adopted, except where the State President submits them to the National Assembly for reconsideration.

Article 20.- The National Assembly chairman has the following tasks and powers:

1. To chair the National Assembly sessions, ensure the observance of the Regulation on National Assembly deputies and the Rules on National Assembly sessions; sign to certify laws and resolutions of the National Assembly.

2. To lead the work of the National Assembly Standing Committee; project the working programs, direct the preparation for, convene and preside over meetings of the National Assembly Standing Committee; sign the ordinances and resolutions of the National Assembly Standing Committee;

3. To convene and preside over conferences of the chairman of the Nationality Council and chairmen of the Commissions of the National Assembly to discuss programs of activity of the National Assembly, the Nationality Council and the Commissions of the National Assembly; to attend meetings of the Nationality Council and Commissions of the National Assembly when deeming it necessary;

4. To maintain contacts with National Assembly deputies;

5. To direct the implementation of operation funding of the National Assembly;

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

The National Assembly vice-chairmen assist the chairman, performing tasks assigned by the chairman. When the National Assembly chairman is absent, a vice-chairman shall be authorized by the chairman to perform the tasks and exercise the powers of the National Assembly chairman on the latter’s behalf.

Chapter III

NATIONALITY COUNCIL AND COMMISSIONS OF THE NATIONAL ASSEMBLY

Article 21.- The Nationality Council and Commissions of the National Assembly are agencies of the National Assembly, which work according to the collective regime and make decisions by majority. The terms of the Nationality Council and the Commissions of the National Assembly correspond to the term of the National Assembly.

The Nationality Council and Commissions of the National Assembly are tasked to verify bills, make proposals on laws, draft ordinances and other drafts; verify reports assigned by the National Assembly or its Standing Committee; submit to the National Assembly, the National Assembly Standing Committee comments on law- and ordinance- making programs; exercise the right to supervision; to propose to the National Assembly the explanation of the Constitution, laws, ordinances and other issues within the scope of their tasks and powers.

The Nationality Council and Commissions of the National Assembly have the right to propose the National Assembly Standing Committee to consider and submit to the National Assembly votes of confidence on persons holding positions elected or ratified by the National Assembly.

The Nationality Council and Commissions of the National Assembly take responsibility for and report on their work before the National Assembly; when the National Assembly is in recess, they report on their work before the National Assembly Standing Committee.

Article 22.- The National Assembly sets up the Nationality Council and the following Commissions:

1. The Law Commission;

2. The Economic and Budgetary Commission;

3. The Defense and Security Commission;

4. The Commission for Culture, Education, Youth, Young Pioneers and Children;

5. The Commission for Social Affairs;

6. The Commission for Sciences, Technologies and Environment;

7. The External Relations Commission.

Article 23.- When deeming it necessary, the National Assembly shall set up an ad hoc committee to study and/or verify a project or investigate a certain issue.

1. Article 24.-

1. The Nationality Council is composed of a chairman, vice-chairmen and members. The number of vice- chairmen and the number of members shall be decided by the National Assembly.

The Nationality Council members shall be elected by the National Assembly among the National Assembly deputies. The number of full-time members shall be decided by the National Assembly Standing Committee.

2. The Nationality Council chairman has the following tasks and powers:

a) To administer the activities of the Nationality Council;

b) To convene and chair meetings of the Nationality Council;

c) To maintain regular contacts with the Nationality Council members;

d) To attend meetings of the National Assembly Standing Committee; to be invited to attend meetings of the Government to discuss the implementation of nationality policies;

e) To maintain ties with concerned agencies and organizations on behalf of the Nationality Council;

f) To perform some other tasks assigned by the National Assembly Standing Committee.

3. The Nationality Council vice-chairmen shall assist the Nationality Council chairman, performing tasks assigned by the latter. When the chairman is absent, a vice-chairman shall be authorized by the chairman to perform the tasks and exercise the powers of the chairman.

2. Article 25.-

1. A Commission of the National Assembly is composed of a director, deputy-directors and members. The number of deputy-directors and the number of members shall be decided by the National Assembly.

Members of the National Assembly Commissions shall be elected by the National Assembly among its deputies. The number of full-time members shall be decided by the National Assembly Standing Committee.

2. The director of a Commission of the National Assembly has the following tasks and powers:

a) To administer the activities of the Commission;

b) To convene and chair meetings of the Commission;

c) To maintain regular contacts with the Commission’s members;

d) To represent the Commission in maintaining ties with the concerned agencies and organizations;

e) To perform a number of other tasks assigned by the National Assembly Standing Committee.

3. The deputy-directors shall assist the director of the Commission, performing tasks assigned by the latter. When the Commission director is absent, a deputy-director shall be authorized by the director to perform the tasks and exercise the powers of the director.

Article 26.- The Nationality Council has the following tasks and powers:

1. To verify bills, draft ordinances and other drafts related to ethnic matters;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the field of nationality; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of programs and plans on socio-economic development in mountainous regions, areas inhabited by ethnic minority people;

3. To contribute its opinions on the drafts of legal documents issued by the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the Supreme People’s Court or the Supreme People’s Procuracy, the legal documents issued jointly by competent central State agency or jointly by competent State agencies and the central committees of socio-political organizations, related to ethnic matters and supervise the implementation of those documents;

4. To propose to the National Assembly or its Standing Committee issues on nationality policies of the State; matters related to the organization and operation of concerned agencies; propose to the Government, the Prime Minister, ministers, heads of the ministerial-level agencies and other State bodies at the central and local levels matters related to ethnic minorities.

Article 27.- The Law Commission has the following tasks and powers:

1. To verify bills, draft ordinances on the organization of the State apparatus, on criminal, civil, administrative matters and other drafts under the assignment of the National Assembly or its Standing Committee, the Government’s projected law- and ordinance-making programs, the proposals of other agencies, organizations and/or National Assembly deputies on law- and ordinance- making, the motions of National Assembly deputies on laws, ordinances;

2. To assume the prime responsibility in verifying schemes on the establishment or abolition of ministries, ministerial-level agencies; the setting up, merger, division or re-delimitation of provinces and centrally-run cities;

3. To verify the Government’s reports on the settlement of citizens’ complaints and denunciations, on crime and law-violation prevention and combat as well as judgement execution work, reports on activities of the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy;

4. To ensure the constitutionality, legality and uniformity of the legal system regarding bills, draft ordinances before they are submitted to the National Assembly or the National Assembly Standing Committee for adoption;

5. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee on the organization of the State apparatus, on criminal, civil and administrative issues; supervise the activities of the Government, the ministries, the ministerial-level agencies which fall within the management scope of the Commission; supervise activities of the Supreme People’s Court, the Supreme People’s Procuracy; supervise activities of investigation and judgement execution;

6. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the Supreme People’s Court, the Supreme People’s Procuracy, the legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

7. To propose matters relating to the organization and operation of the concerned agencies, necessary measures to perfect the State apparatus and the legal system.

Article 28.- The Economic and Budgetary Commission has the following tasks and powers:

1. To verify bills, draft ordinances in the field of economic management, business activities, budget, finance, money and other drafts assigned by the National Assembly or its Standing Committee;

2. To assume the prime responsibility in verifying projects and plans on socio-economic development, the Government’s reports on the implementation of socio-economic development plans, on State budget estimates and plans on central budget allocation, the general final settlement of the State budget.

3. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the fields of economic management, business activities, budget, finance and money; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of State plans on socio-economic development, the implementation of the State budget estimates and the implementation of the financial and monetary policies;

4. To supervise the legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, the legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

5. To propose matters related to the organization and operation of concerned agencies as well as issues on economic management, business activities, budget, finance and money.

Article 29.- The Defense and Security Commission has the following tasks and powers:

1. To verify bills and draft ordinances on defense and security and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, on defense and security; supervise activities of the Government, the ministries, the ministerial-level agencies in the performance of defense and security tasks;

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies and issues on defense and security policies, necessary measures to perform the tasks and exercise the powers of the National Assembly and its Standing Committee in defense and security domains.

Article 30.- The Commission for Culture, Education, Youth, Young Pioneers and Children has the following tasks and powers:

1. To verify bills and draft ordinances on culture, education, information, sports and youth, young pioneers and children and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, on culture, education, information, sports and youth, young pioneers and children; supervise the activities of the Government, the ministries and the ministerial-level agencies in the implementation of policies on culture, education, information or sports in the plans and programs on socio-economic development of the country; supervise the implementation of policies towards the youth, young pioneers and children.

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies as well as issues on cultural, educational, information and sport development of the country, policies towards the youth, young pioneers and children.

Article 31.- The Commission on Social Affairs has the following tasks and powers:

1. To verify bills, draft ordinances on labor, health care, social affairs, religions and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee on social issues; supervise activities of the Government, the ministries, the ministerial-level agencies in the implementation of policies on social matters in the plans and programs on socio-economic development of the country.

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies, and legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies as well as policies and measures for settlement of social matters.

Article 32.- The Science, Technology and Environment Commission has the following tasks and powers:

1. To verify bills and draft ordinances on sciences, technologies and/or ecological environment protection and other drafts assigned by the National Assembly or its Standing Committee;

2. To supervise the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committees, on sciences, technologies and ecological-environment protection; supervise activities of the Government, the ministries and the ministerial-level agencies in the implementation of policies on scientific and technological development as well as ecological-environment protection in the plans and programs on socio-economic development of the country;

3. To supervise legal documents of the Government, the Prime Minister, the ministers, the heads of the ministerial-level agencies and legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To propose matters related to the organization and operation of concerned agencies and matters regarding policies on investment in scientific and technological development as well as ecological environment protection.

Article 33.- The External Relations Commission has the following tasks and powers:

1. To verify bills and draft ordinances on external relation activities of the State as well as other drafts assigned by the National Assembly or its Standing Committee; verify international agreements which fall under the ratifying jurisdiction of the National Assembly, the Government’s reports on external relation activities, which are to be submitted to the National Assembly;

2. To supervise the implementation of laws and resolutions of the National Assembly as well as ordinances and resolutions of the National Assembly Standing Committee on external relations; supervise activities of the Government, the ministries and ministerial-level agencies in the implementation of external policies of the State, external relation activities of branches and localities; supervise the implementation of the State’s policies towards overseas Vietnamese;

3. To supervise legal documents of the Government, the Prime Minister, the ministers and the heads of the ministerial-level agencies as well as legal documents issued jointly by competent central State bodies or jointly by competent State bodies and central committees of socio-political organizations, which fall within the field managed by the Commission;

4. To establish external relations with the National Assemblies of other countries, global and regional inter-parliamentary organizations under the direction of the National Assembly Standing Committee, the National Assembly chairman; assist the National Assembly Standing Committee and the National Assembly chairman in regulating, coordinating external activities of the National Assembly;

5. To propose matters related to the organization and operation of concerned agencies as well as issues on external policies of the State, on relations with the National Assemblies of other countries, with global and regional inter-parliamentary organizations, with other international organizations, and on policies towards overseas Vietnamese.

Article 34.- The Nationality Council and the Commissions of the National Assembly shall, within the ambit of their tasks and powers, have the responsibility to:

1. Join the Economic and Budgetary Commission in verifying the Government’s socio-economic reports, State budget estimates, plans for central budget allocation and general final settlement of State budget;

2. Join the Law Commission in verifying schemes on the establishment or abolition of ministries or ministerial-level agencies, the establishment, merger, division or re-delimitation of provinces or centrally-run cities;

3. Supervise the implementation of the State budget falling in the fields managed by the Nationality Council or Commissions.

Article 35.- The Nationality Council and the Commissions of the National Assembly shall, within the ambit of their tasks and powers, have the responsibility to receive citizens, study and handle their written complaints and denunciations; supervise the settlement of citizens’ complaints and denunciations falling in the fields of managed by the Nationality Council or Commissions.

Article 36.- The Nationality Council and the Commissions of the National Assembly shall effect external relations and international cooperation under the direction of the National Assembly Standing Committee.

The Nationality Council and the Commissions of the National Assembly shall coordinate with the External Relations Commission in effecting their respective external relations and international cooperation.

Article 37.- Programs of activity of the Nationality Council and Commissions of the National Assembly shall be decided by themselves, based on the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee as well as the direction and regulation of the National Assembly Standing Committee.

Article 38.- The Nationality Council and the Commissions of the National Assembly are entitled to request Government members, chief judge of the Supreme People’s Court, chairman of the Supreme People’s Procuracy and concerned State officials to supply materials or to come to present matters which are considered and verified by the Council or Commissions. Persons receiving the requests of the Council or Commissions of the National Assembly shall have to respond to such requests.

Article 39.- When necessary, the Nationality Council and Commissions of the National Assembly shall send their members to concerned agencies or organizations to consider and verify matters which the Council or Commissions concern about. The concerned agencies or organizations shall have to create conditions for members of the Council or Commissions to perform their tasks.

Article 40.- The Nationality Council and Commissions of the National Assembly are entitled to propose to the Prime Minister and other Government members, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy and the presidents of the People’s Committees of the provinces or centrally-run cities matters which fall within the tasks and powers of the Council or the Commissions. The persons who receive the proposals shall have to consider and reply within fifteen days at most as from the date of receiving the proposals. Past this time limit, if the proposal recipients fail to reply or if the Council or Commissions disagree with the reply contents, the Council or the Commissions may propose the National Assembly chairman to request the replies at the meetings of the National Assembly Standing Committee or the nearest National Assembly session.

Article 41.- When conducting activities of supervision over ministries, ministerial-level agencies, the Supreme People’s Court and/or the Supreme People’s Procuracy and detecting any law violations, the Nationality Council and/or Commissions of the National Assembly may, within the scope of their tasks and powers, request concerned individuals or agencies to consider and, according to their competence, suspend the implementation of, amend or annul illegal documents, stop violation acts and handle violators. Within thirty days after receiving the requests, the individuals or agencies must notify the settlement thereof to the Nationality Council or Commissions of the National Assembly. Past the above-said time limit, if the requested individuals or agencies fail to reply, the Nationality Council or Commissions of the National Assembly may request the Government, the Prime Minister or the National Assembly Standing Committee to consider and decide thereon according to law provisions.

Article 42.- The Nationality Council and Commissions of the National Assembly shall set up sub-committees to study and prepare issues which fall within the scope of operation of the Council or the Commissions. The sub-committee heads must be members of the Council or Commissions; other members may not be members of the Council or Commissions or not be National Assembly deputies.

Chapter IV

NATIONAL ASSEMBLY DEPUTIES AND ASSOCIATIONS OF NATIONAL ASSEMBLY DEPUTIES

Article 43.- The National Assembly deputies are persons representing the will and aspiration of people, the representatives of not only people in their constituencies but also people throughout the country; and are persons representing people in exercising the state power in the National Assembly.

Article 44.- The term of office of the deputies of each National Assembly legislature shall start from the first session of that legislature to the first session of the National Assembly of the subsequent legislature.

The term of office of the additionally-elected deputies to the National Assembly shall start from the session following the by-election to the first session of the subsequent legislature.

Article 45.- Among the National Assembly deputies, there are deputies working on a full-time basis and there are deputies working on a part-time basis. The number of full-time National Assembly deputies accounts for at least twenty five percent of the total number of the National Assembly deputies.

Article 46.- The National Assembly deputies are answerable to voters and at the same time to the National Assembly for the performance of their tasks as deputies.

The National Assembly deputies must be exemplary in abiding by the Constitution and laws, leading a healthy life and respecting the code of community activities, protecting the legitimate rights and interests of citizens and contributing to the promotion of people’s right to mastery.

The National Assembly deputies have the task to propagate and disseminate laws and mobilize people to observe laws and participate in the management of the State.

Article 47.- The National Assembly deputies have the task to attend the plenary meetings of the National Assembly, meetings of the National Assembly deputies’ groups and of the National Assembly deputies’ associations; discuss and vote on issues which fall within the tasks and powers of the National Assembly.

National Assembly deputies being members of the National Council of Commissions of the National Assembly have the responsibility to attend meetings, discuss and vote on issues and participate in other activities which fall within the tasks and powers of the Nationality Council or Commissions, of which they are members.

The National Assembly deputies working on a part-time basis may spare at least one-third of their working time to perform the tasks of deputies. Agencies, organizations and units where the deputies work have the responsibility to create conditions for the deputies to fulfill their tasks.

Article 48.- The National Assembly deputies may propose bills, make motions on laws before the National Assembly, draft ordinances before the National Assembly Standing Committee according to the law-prescribed order and procedures.

Article 49.- The National Assembly deputies have the right to question the State President, the National Assembly chairman, the Prime Minister and other members of the Government, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy. The questioned persons have the responsibility to answer matters questioned by the National Assembly deputies.

While the National Assembly is in session, the National Assembly deputies shall send their questions to the National Assembly chairman. The questioned persons have the responsibility to give answers before the National Assembly at that session. Where an investigation is required, the National Assembly may decide to permit them to answer before the National Assembly Standing Committee or at the next session of the National Assembly or answer in writing.

During the interval of two National Assembly sessions, the questions shall be sent to the National Assembly Standing Committee which shall transfer them to the questioned agencies or persons and decide on the time limits for answering the questions.

If the National Assembly deputies disagree with the reply contents, they may request the National Assembly chairman to put them to discussion before the National Assembly or the National Assembly Standing Committee.

When necessary, the National Assembly or the National Assembly Standing Committee shall issue resolutions on the answer to questions and the responsibility of the questioned persons.

Article 50.- The National Assembly deputies are entitled to propose the National Assembly Standing Committee to consider and submit to the National Assembly votes of confidence on persons holding positions elected or ratified by the National Assembly.

Article 51.- The National Assembly deputies must maintain close contacts with voters, submit to the voters’ supervision, frequently contact voters, inquire into their feelings and aspirations; gather and honestly report on voters’ ideas and proposals to the National Assembly and the concerned State agencies.

At least once a year, the National Assembly deputies must report to their voters on the performance of their tasks as deputies. Voters may request directly or through the Fatherland Front deputies to report on their work and may give remarks on the performance of the National Assembly deputies’ tasks.

Article 52.- The National Assembly deputies have the responsibility to receive citizens. Upon receiving proposals, complaints and denunciations from citizens, the National Assembly deputies shall have to study and promptly transfer them to competent persons for settlement and notify the proposal makers, complainants and denouncers thereof, urge and monitor the settlement. The persons with handling competence must notify the concerned National Assembly deputies of the results of settling those proposals, complaints and/or denunciations within the time limits prescribed by the legislation on complaints and denunciations.

In cases where they deem that the settlement of proposals, complaints and/or denunciations is unsatisfactory, the National Assembly deputies are entitled to meet the heads of concerned agencies to inquire into the matters and request the reconsideration thereof. When necessary, the National Assembly deputies may request the heads of the concerned superior bodies of such agencies to settle them.

Article 53.- Upon detecting acts of law violation, which harm the interests of the State, the legitimate rights and interests of social organizations, economic organizations, people’s armed force units or citizens, the National Assembly deputies are entitled to request the concerned individuals, agencies, organizations and/or units to take necessary measures to promptly stop such illegal acts. Within thirty days after receiving the requests, the individuals, agencies, organizations and/or units must notify the National Assembly deputies of the settlement. If past the above-mentioned time limit the concerned individuals, agencies, organizations and/or units fail to answer, the National Assembly deputies may lodge their motions to the heads of the superior agencies, organizations and/or units, and at the same time report them to the National Assembly Standing Committee for consideration and decision.

Article 54.- When performing their tasks, the National Assembly deputies may contact State agencies, social organizations, economic organizations and/or people’s armed force units. The heads of such agencies, organizations or units shall, within the scope of their tasks and powers, have the responsibility to receive and respond to the requests of National Assembly deputies.

Article 55.- The National Assembly deputies are entitled to attend meetings of the People’s Councils at all levels in the localities where they have been elected, to voice their opinions but not to vote.

The chairmen of the People’s Councils at all levels shall inform the National Assembly deputies of the dates when the People’s Councils of their levels meet, invite the deputies to attend and supply necessary documents to them.

Article 56.- Those National Assembly deputies who are no longer worthy of the people’s trust shall be removed from office by the National Assembly or the voters, depending on the seriousness of their errors.

The National Assembly Standing Committee shall decide on bringing the case of removal from office of National Assembly deputies before the National Assembly or voters in localities where such deputies were elected at the proposals of the Vietnam Fatherland Front Central Committee, the provincial/municipal Fatherland Front Committees or of voters in localities where such deputies were elected.

In cases where the National Assembly removes deputies from office, the removal from office must be approved by at least two-thirds of the total number of National Assembly deputies.

In cases where voters remove National Assembly deputies from office, the removal shall be carried out according to the procedures prescribed by the National Assembly Standing Committee.

Article 57.- The National Assembly deputies may apply to resign from performing their representative tasks for health or other reasons. The National Assembly deputies’ resignation from their task performance shall be approved by the National Assembly; during the interval between two National Assembly sessions, the National Assembly Standing Committee shall decide on the case and report it to the National Assembly at its nearest session.

Article 58.- The National Assembly deputies must not be detained or prosecuted and their places of residence and working must not be searched without the consents of the National Assembly or of the National Assembly Standing Committee when the National Assembly is in recess. The proposal to detain or prosecute National Assembly deputies and/or to search their residential and working places falls under the jurisdiction of the chairman of the Supreme People’s Procuracy.

If National Assembly deputies are put into custody for being caught in the act of committing crimes, the custodial agencies must immediately report such to the National Assembly or the National Assembly Standing Committees for consideration and decision.

Where National Assembly deputies are examined for penal liability, the National Assembly Standing Committee shall decide to suspend the performance of tasks and the exercise of powers by those National Assembly deputies.

Those National Assembly deputies who are sentenced by courts shall naturally lose their rights of the National Assembly deputy as from the dates the court judgements or decisions take legal effect.

The National Assembly deputies cannot be removed from office or dismissed by the agencies or units where they work, if it is not so agreed upon by the National Assembly Standing Committee.

Article 59.- The National Assembly deputies working on a full-time basis shall be given working places and other necessary conditions for their representative activities.

When the full-time National Assembly deputies no longer perform the representative tasks, the competent agencies or organizations shall have to arrange work for such National Assembly deputies.

The duration for which the National Assembly deputies work on a full-time basis shall be counted into their working seniority.

Salaries and other regimes enjoyed by the full-time National Assembly deputies and the allowances for the National Assembly deputies shall be prescribed by the National Assembly Standing Committee.

3. Article 60.-

1. The National Assembly deputies elected in a province or a centrally-run city gather into an association of National Assembly deputies. Such an association is staffed with deputies working on a full-time basis.

2. The association of National Assembly deputies shall perform the following tasks:

a) Organizing the reception of citizens by National Assembly deputies; coordinating with the Standing Body of the People’s Council, the People’s Committee and the Fatherland Front Committee in the locality in arranging National Assembly deputies to contact voters;

b) Organizing discussions by National Assembly deputies about draft laws, ordinances and other documents, projecting agenda of National Assembly sessions at the request of the National Assembly Standing Committee;

c) Monitoring and urging the settlement of complaints, denunciations and proposals of citizens, which have been forwarded to agencies or organizations by National Assembly deputies and/or associations of National Assembly deputies;

d) Organizing the supervision by National Assembly deputies of the law observance in the locality;

e) Reporting to the National Assembly Standing Committee on the activities of the association of National Assembly deputies and the National Assembly deputies.

3. An association of National Assembly deputies has its own headquarter, assisting bureau and operational fund as provided for by the National Assembly Standing Committee.

Article 61.- An association of National Assembly deputies has its head and deputy-head. The head of the association of National Assembly deputies has the following tasks:

1. Making arrangement so that the National Assembly deputies in the association perform the tasks of National Assembly deputies and of the association of National Assembly deputies;

2. Maintaining contacts with the National Assembly chairman, the National Assembly Standing Committee, the National Assembly deputies in the association, the Standing Body of the People’s Council, the People’s Committee and Fatherland Front Committee in the locality as well as the National Assembly’s Office.

Chapter V

NATIONAL ASSEMBLY SESSIONS

Article 62.- The National Assembly holds two regular sessions a year.

The National Assembly Standing Committee shall convene irregular sessions in cases where it is so requested by the State President, the Prime Minister or at least by one-third of the total number of National Assembly deputies or where it is so decided by itself.

Article 63.- The National Assembly Standing Committee projects the agenda of National Assembly sessions; the National Assembly Standing Committee of the preceding legislature projects the agendum of the first session of the National Assembly of the new legislature.

Article 64.- The National Assembly Standing Committee shall decide on the convening of a regular National Assembly session at least thirty days or an irregular National Assembly session at least seven days, before the session opens.

The projected agenda of sessions shall be forwarded to the National Assembly deputies together with the decisions to convene the sessions.

Article 65.- The first session of each National Assembly legislature shall be convened by the Standing Committee of the preceding National Assembly legislature within sixty days as from the date of election of National Assembly deputies.

The first session of each National Assembly legislature shall be opened and presided over by the chairman of the National Assembly of the preceding legislature until the National Assembly elects the chairman of the National Assembly of the new legislature.

Article 66.- The agenda of the National Assembly sessions shall be decided by the National Assembly.

The National Assembly deputies are entitled to propose amendments and/or supplements to the approved session agenda. The amendment and/or supplementation of session agenda must be voted for by more than half of the total number of the National Assembly deputies.

Article 67.- The National Assembly meets openly.

In case of necessity, at the request of the State President, the National Assembly Standing Committee, the Prime Minister or at least one-third of the total number of National Assembly deputies, the National Assembly shall decide to meet behind the closed door.

Article 68.- Issues included in the agenda of National Assembly sessions shall be discussed and decided at the plenary meetings. In case of necessity, the National Assembly shall decide to hold discussions within the Nationality Council, Commissions of the National Assembly, groups of National Assembly deputies, associations of National Assembly deputies.

Article 69.- Government members who are not National Assembly deputies and invited to attend National Assembly sessions have the responsibility to attend the plenary meetings of the National Assembly when the latter consider matters related to branches or domains under their respective management; may voice their opinions on matters related to their respective branches or domains at the request of the National Assembly or at such members’ own requests which are consented by the National Assembly.

Article 70.- Representatives of State agencies, social organizations, economic organizations, people’s armed force units, press agencies, citizens and foreign guests may be invited to attend public meetings of the National Assembly.

Article 71.- The State President, the Standing Committee, the Nationality Council and Commissions of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, Vietnam Fatherland Front and its member organizations, and National Assembly deputies are entitled to present bills before the National Assembly.

The right to present bills shall be exercised with the presentation of new bills, bills on amending and/or supplementing current laws.

The National Assembly deputies shall exercise the right to propose laws through their proposals on the promulgation of new laws or amendment and/or supplementation of current laws.

Article 72.- The National Assembly shall decide on the term-long or annual law- and ordinance-making programs at the proposal of the National Assembly Standing Committee.

Before being submitted to the National Assembly, the bills must be verified by the Nationality Council or concerned Commissions of the National Assembly, commented by the National Assembly Standing Committee and sent to the National Assembly deputies at least twenty days before the sessions start.

For bills presented by the National Assembly Standing Committee, the National Assembly shall decide on the verifying bodies or set up the ad hoc committees to verify such bills.

Article 73.- The National Assembly shall consider and pass bills into laws at one or several sessions of the National Assembly.

The National Assembly discuss bills after the bill- submitting agencies, organizations or individuals explain the bills’ contents and the Nationality Council or concerned Commissions present the reports on verification thereof.

The National Assembly Standing Committee shall direct the concerned agencies to receive opinions of National Assembly deputies and revise the bills.

The National Assembly shall hear reports on reception of National Assembly deputies’ comments, hear the revised drafts and consider then pass the bills into laws.

Article 74.- The National Assembly decides on long-term and annual socio-economic development plans of the country; important national projects; national financial and monetary policies, State budget estimates and central budget allocations.

The Government shall submit to the National Assembly projected plans, State budget estimates and central budget allocations of the subsequent year at the National Assembly session at the end of the preceding year.

The National Assembly shall ratify general final State budget settlement submitted by the Government within fifteen months at most after the budgetary year ends.

Projects must be sent to the National Assembly deputies at least ten days before the sessions open.

Article 75.- The National Assembly shall consider important State projects and works after hearing the explanation by the Government, the verification report by the Nationality Council of concerned Commissions and vote to approve them after the discussions by the National Assembly.

The National Assembly shall approve projects by voting on issue by issue, then voting on the whole projects or voting on the whole projects once.

Article 76.- The National Assembly shall consider reports on sum-up of voters’ opinions and proposals.

The concerned State agencies, organizations and units shall have to study, settle and respond to voters’ proposals and report to the National Assembly on the settlement results.

When necessary, the National Assembly shall issue resolutions on the settlement of voters’ proposals.

Article 77.- The National Assembly shall consider and discuss reports on activities of the Standing Committee, the Nationality Council or Commissions of the National Assembly, the Government, the Supreme People’s Court and the Supreme People’s Procuracy at the year-end sessions. At the mid-year sessions, these bodies shall send their working reports to the National Assembly deputies, which, when necessary, can be considered and discussed by the National Assembly.

The National Assembly may issue resolutions on the reported activities of agencies.

Article 78.- At the final session of the each National Assembly legislature, the National Assembly shall consider and discuss reports on the whole-term activities of the National Assembly, the State President, the National Assembly Standing Committee, the Nationality Council and Commissions of the National Assembly, the Prime Minister, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy.

The report on whole-term activities of the National Assembly shall be prepared by the National Assembly Standing Committee.

Article 79.- At the first meeting of the first session of each legislature, the National Assembly shall elect a Committee for Verification of Deputies’ Qualities, which is composed of a head, a deputy-head and members recommended by the National Assembly chairman among the National Assembly deputies.

Basing itself on the report of the Committee for Verification of Deputies’ Qualities, the National Assembly shall decide on the acknowledgement of the qualities of the elected deputies, and declare particular cases where the election of deputies is not valid.

The Committee for Verification of Deputies’ Qualities shall fulfill its task when the verification of deputies’ qualities is completed.

Article 80.- The National Assembly shall elect its chairman and vice-chairmen as well as members of its Standing Committee among the National Assembly deputies according to the list of nominees recommended for such positions by the National Assembly Standing Committee of the preceding legislature.

The number of National Assembly vice-chairmen and the number of Standing Committee members shall be decided by the National Assembly.

Article 81.- The National Assembly shall elect the State President recommended by its Standing Committee among the National Assembly deputies.

At the proposal of the State President, the National Assembly shall elect the State Vice-President among the National Assembly deputies; ratify the list of members of the Defense and Security Council.

Article 82.- The National Assembly shall elect the chairman, vice-chairmen and members of the Nationality Council among the National Assembly deputies according to the list of nominees recommended by the National Assembly chairman for such positions.

The number of vice-chairmen and the number of members of the Nationality Council shall be decided by the National Assembly.

Article 83.- The National Assembly shall elect the director, deputy-directors and members of each Commission among its deputies according to the list of nominees recommended for such positions by the National Assembly chairman.

The number of deputy-directors and the number of members of each Commission shall be decided by the National Assembly.

Article 84.- The National Assembly shall elect the Prime Minister among the National Assembly deputies recommended by the State President.

The National Assembly shall ratify the proposal of the Prime Minister on the appointment of deputy- prime ministers, ministers and other members of the Government according to the list of nominees for such positions.

Article 85.- The National Assembly shall elect the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy among its deputies recommended by the State President.

Article 86.- The National Assembly shall elect the Secretariat of sessions of each legislature, consisting of the chief secretary and secretaries among the National Assembly deputies according to the list of nominees recommended by the National Assembly chairman.

The Secretariat has the following tasks and powers:

1. To record the minutes of each meeting, the minutes of each session; to prepare the communiques on National Assembly meetings; sum up opinions of the National Assembly deputies at the National Assembly sessions;

2. To coordinate with the Nationality Council, Commissions of the National Assembly and concerned agencies in revising bills and draft resolutions to be submitted to the National Assembly;

3. To perform other tasks assigned by the National Assembly chairman.

The National Assembly chairman of the preceding legislature shall designate the provisional secretaries for meetings of the first session of the new legislature until the National Assembly elect the Secretariat.

Article 87.- Those who are elected or have their appointment ratified by the National Assembly but cannot fulfill their duties for health or other reasons may ask for their resignation.

4. Article 88.-

National Assembly Chairman
NGUYEN VAN AN