Law on the Organization of the National Assembly and the Council of State No. 1-LCT/HĐNN7

 

LAW

ORGANIZATION OF THE NATIONAL ASSEMBLY AND THE STATE COUNCIL

SOCIALIST REPUBLIC OF VIET NAM

BASED ON Chapter VI and Chapter VII of the Constitution of the Socialist Republic of Vietnam, this Law stipulates the organization and operation of the National Assembly and the State Council, as well as the tasks and powers of National Assembly deputies.

PART I

GENERAL PROVISIONS

Article 1

The National Assembly is the highest representative body of the people and the highest state power organ of the Socialist Republic of Vietnam. The State Council, elected by the National Assembly, is the highest permanent organ of the National Assembly, serving as the collective President of the Socialist Republic of Vietnam.

Article 2

The organization and operation of the National Assembly and the State Council ensure that the National Assembly and the State Council fulfill the tasks and powers prescribed in Articles 83 and 100 of the Constitution, exercise and promote the collective mastery rights of the working people throughout the country under the leadership of the Communist Party of Vietnam, with the aim of completing the tasks of the Socialist Republic of Vietnam's state.

Article 3

The National Assembly and the State Council operate on a conference system and make decisions by majority rule.

The effectiveness of the National Assembly's operations is ensured through the effectiveness of its sessions, the effectiveness of the State Council's operations, the operations of various Councils and Committees of the National Assembly, and the activities of National Assembly deputies.

Article 4

When performing their duties and exercising their powers, the National Assembly,

the State Council, the various Councils, the Committees of the National Assembly, and the National Assembly deputies rely on the participation of the Vietnam Fatherland Front Committee, people's mass organizations, and citizens.

State agencies and officials, within the scope of their authority, have the responsibility to create conditions for the Councils, Committees of the National Assembly, and National Assembly deputies to perform their duties.

 

PART II

SESSIONS OF THE NATIONAL ASSEMBLY

Article 5

The National Assembly convenes regularly twice a year, one session in mid-year and one session at the end of the year, convened by the State Council.

The State Council may convene extraordinary sessions of the National Assembly based on its own decision, upon request from the Council of Ministers, or if at least one-third of the total number of National Assembly deputies so request.

The first session of each term of the National Assembly is convened by the previous term's State Council no later than two months after the election of National Assembly deputies.

The first session of each term of the National Assembly is inaugurated by the Chairman of the previous term's State Council. The Chairman of the State Council presides over the sessions until the new term's National Assembly elects a new Chairman.

Article 6

The National Assembly convenes in public sessions.

The National Assembly decides to hold closed sessions upon the proposal of the State Council, the Chairman of the National Assembly, the Council of Ministers, or delegations of the National Assembly.

, Clause 1, Clause 2 Article 7a of this Regulation.

During the first session of the first term of each National Assembly, the National Assembly elects the Qualification Review Committee.

Based on the report of the Qualification Review Committee, the National Assembly confirms the qualifications of National Assembly deputies or declares individual elections invalid. In cases where an investigation into the legality of an individual deputy's election is required, during the investigation period, that deputy does not have voting rights.

When there is a supplementary election, the National Assembly establishes a new Qualification Review Committee to review and report the results for the National Assembly to consider confirming the qualifications of the newly elected deputy.

Article 8

The National Assembly elects the Chairman and Vice Chairmen of the National Assembly from a list of candidates proposed individually by the previous term's State Council Chairman and delegation leaders, after consulting the delegations.

The National Assembly elects the Secretariat for each term of the National Assembly from a list proposed by the National Assembly Chairman.

Article 9

The National Assembly elects the Chairman, Vice Chairmen, Secretary-General, and members of the State Council from among the National Assembly deputies from a list of candidates proposed individually by the National Assembly Chairman and delegation leaders, after consulting the delegations.

Article 10

The National Assembly elects the Chairman of the Council of Ministers from among the National Assembly deputies from a joint proposal by the State Council Chairman and delegation leaders, after consulting the delegations.

The National Assembly elects the Vice Chairmen and other members of the Council of Ministers from a list of candidates proposed individually by the Chairman of the Council of Ministers. The Vice Chairmen and other members of the Council of Ministers are mainly selected from among the National Assembly deputies.

Article 11

The National Assembly elects the Vice Chairman and members of the National Defense Council from a list of candidates proposed individually by the State Council Chairman.

Article 12

The National Assembly elects the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy from among the National Assembly deputies from a joint proposal by the State Council Chairman and delegation leaders, after consulting the delegations.

Article 13

At regular sessions of the National Assembly, the State Council reports its work to the National Assembly.

At the first session of each term of the National Assembly, the previous term's State Council reports its work done since the last session of the previous term's National Assembly.

Article 14

At regular sessions of the National Assembly, the Council of Ministers, the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy report their work to the National Assembly.

Article 15

The National Assembly examines these reports and, when necessary, adopts resolutions regarding the work of the State Council, the Council of Ministers, the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy.

Article 16

The National Assembly decides on national plans and state budget estimates submitted by the Council of Ministers to the National Assembly. The Council of Ministers submits draft national plans and annual state budget estimates to the National Assembly at the end-of-year session of the previous year.

The National Assembly approves the final accounts of the state budget submitted by the Council of Ministers to the National Assembly no later than one year after the end of the fiscal year.

Article 17

The National Assembly examines legislative projects submitted to it by state agencies, political parties, social organizations, and individuals mentioned in Article 86 of the Constitution.

Article 18

Draft national plans, state budget estimates, reports, legislative projects, and other drafts must be sent to the State Council Chairman and the National Assembly Chairman no later than twenty days before the National Assembly convenes.

Article 19

The National Assembly and the State Council may entrust the National Ethnic Council and the Standing Committees of the National Assembly with reviewing reports, draft laws, state plans, state budgets, and other projects. The National Ethnic Council and the Standing Committees of the National Assembly shall present their opinions on these reports and projects for the National Assembly and the State Council to consider and decide.

Article 20

Laws and resolutions of the National Assembly must be approved by more than half of the total number of National Assembly deputies, except in cases where amendments to the Constitution as stipulated in Article 147 of the Constitution are concerned.

The National Assembly shall vote by raising hands or by secret ballot at the request of the Chairman of the National Assembly.

National Assembly deputies shall not vote by sending papers or having others vote on their behalf.

Laws and resolutions of the National Assembly must be signed and certified by the Chairman of the National Assembly.

 

CHAPTER III

THE STATE COUNCIL

Article 21

The State Council is elected at the first session of each term of the National Assembly. The number of members of the State Council is determined by the National Assembly.

The term of office of the State Council follows that of the National Assembly.

When the National Assembly's term ends, the State Council continues its duties until a new State Council is elected by the new National Assembly.

Article 22

The State Council convenes once a month, and if necessary, it can convene more frequently.

The Chairman of the State Council convenes and chairs the sessions of the State Council.

The Chairman of the State Council may delegate a Vice-Chairman to convene and chair the sessions of the State Council.

Article 23

The State Council performs its tasks and exercises powers as prescribed in the Constitution according to the procedures set forth in this Law and in other documents of the National Assembly.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

In convening and conducting the sessions of the National Assembly, the Chairman of the State Council coordinates with the Chairman of the National Assembly to:

1/ Propose the agenda for the National Assembly session;

2/ Ensure the preparation of draft laws and other projects to be submitted to the National Assembly;

3/ Decide on other issues related to the National Assembly session.

Article 25

During the period when the National Assembly is not in session, the Council of Ministers, the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy report their work to the State Council as decided by the State Council or upon the request of those agencies.

Provincial People's Councils and municipal People's Councils directly under the central government and equivalent levels report their activities to the State Council according to the regulations of the State Council.

The State Council issues resolutions to guide the operations of People's Councils at all levels.

Article 26

The State Council approves the legislative construction plan proposed by the Council of Ministers, the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy, and supervises the implementation of such plan.

Article 27

The State Council promulgates ordinances based on its own initiative or upon the proposal of state agencies, political parties, social organizations, and individuals mentioned in Article 86 of the Constitution.

Article 28

During the period when the National Assembly is not in session, the State Council decides on the establishment or abolition of Ministries and State Committees; appoints and dismisses Deputy Chairmen of the Council of Ministers, Ministers, and Heads of State Committees upon the recommendation of the Chairman of the Council of Ministers, and submits these decisions to the National Assembly for approval at the next session of the National Assembly.

Article 29

The State Council appoints and dismisses Deputy Presidents and judges of the Supreme People's Court upon the recommendation of the Chairman of the State Council; appoints and dismisses people's assessors of the Supreme People's Court upon the recommendation of the Central Committee of the Vietnam Fatherland Front; and appoints and dismisses Deputy Procurators and procurators of the Supreme People's Procuracy upon the recommendation of the Procurator General of the Supreme People's Procuracy.

Article 30.

The State Council decides on the appointment, dismissal, and recall of full-time diplomatic representatives of the Socialist Republic of Vietnam abroad and in international organizations upon the recommendation of the Chairman of the Council of Ministers.

Article 31

The State Council suspends the enforcement, amends, or abolishes resolutions, decrees, and decisions of the Council of Ministers that contravene the Constitution, laws, and ordinances, based on its own initiative or upon the proposal of the National Ethnic Council, National Assembly Committees, or delegations of the National Assembly.

Article 32

The State Council amends or abolishes inappropriate resolutions of provincial People's Councils and municipal People's Councils directly under the central government and equivalent levels; dissolves these People's Councils if they cause serious damage to the interests of the people, based on its own initiative or upon the proposal of the Council of Ministers, the Procurator General of the Supreme People's Procuracy, the National Ethnic Council, National Assembly Committees, or delegations of the National Assembly.

Article 33

Ordinances and resolutions of the State Council must be approved by more than half of the total number of members of the State Council.

The Chairman of the State Council signs ordinances and resolutions adopted by the State Council.

Article 34

The Chairman of the State Council, on behalf of the State Council, announces laws and ordinances no later than fifteen days after they have been adopted by the National Assembly or the State Council.

Article 35

The State Council, through the Chairman of the State Council, represents the Socialist Republic of Vietnam domestically and internationally.

Article 36

The Chairman of the State Council receives foreign diplomatic representatives and representatives of international organizations in the Socialist Republic of Vietnam; signs letters of accreditation and recall for full-time diplomatic representatives of the Socialist Republic of Vietnam abroad and in international organizations.

Article 37

The Chairman of the State Council commands the national armed forces and holds the position of Chairman of the National Defense Council.

Article 38

The Chairman of the State Council directs the work of the State Council.

If the Chairman of the State Council is unable to perform his duties due to health reasons for a long time or if there is a vacancy in the position of Chairman of the State Council, the State Council will appoint a Vice-Chairman to act as Chairman until the Chairman resumes his duties or a new Chairman of the State Council is elected by the National Assembly.

 

PART IV

THE CHAIRMAN OF THE NATIONAL ASSEMBLY AND THE STATE COUNCILS

AND THE STANDING COMMITTEES OF THE NATIONAL ASSEMBLY

SPEAKER OF THE NATIONAL ASSEMBLY

Article 39

The Chairman of the National Assembly presides over the sessions of the National Assembly; ensures the implementation of the internal regulations of the National Assembly; maintains relations with the members of the National Assembly; certifies laws and resolutions adopted by the National Assembly; carries out external relations of the National Assembly.

The Chairman of the National Assembly coordinates and harmonizes the activities of the Committees of the National Assembly; has the right to attend meetings of the Committees, express opinions but not vote; convenes and chairs meetings of the Chairpersons of the Committees to coordinate and harmonize the work programs of the Committees.

The Vice Chairmen of the National Assembly assist the Chairman of the National Assembly and may be entrusted to undertake part of the tasks and powers of the Chairman or act on behalf of the Chairman when the Chairman is absent.

The Chairman of the National Assembly has the right to attend sessions of the State Council.

Article 40

When the Chairman of the National Assembly is unable to work for a long period due to health reasons or in case of vacancy of the Chairman of the National Assembly, the State Council appoints a Vice Chairman of the National Assembly as Acting Chairman until the Chairman resumes work or the National Assembly elects a new Chairman.

Councils and Committees of the National Assembly

Article 41

The National Defense Council mobilizes all forces and capabilities of the country to protect the Fatherland.

In case of war, the National Assembly or the State Council may entrust the National Defense Council with special tasks and powers.

Article 42 |||

The Ethnic Council, elected from among the members of the National Assembly at the first session of each term of the National Assembly, consists of the Chairman, Vice Chairmen, Secretary, and members. The list of candidates for each position is proposed jointly by the Chairman of the National Assembly and the heads of delegations of representatives, after consulting the delegations.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

The Ethnic Council studies and advises the National Assembly and the State Council on ethnic issues; assists the National Assembly and the State Council in supervising state agencies in implementing ethnic policies; examines reports, draft laws, draft ordinances, and other projects related to ethnic issues assigned by the National Assembly or the State Council; submits draft laws, draft ordinances, and other projects on ethnic issues to the National Assembly and the State Council.

Article 44 |||

The Chairman of the Ethnic Council directs the work of the Ethnic Council; convenes and chairs meetings of the Ethnic Council.

The Chairman of the Ethnic Council has the right to attend sessions of the State Council.

Article 45 |||

The National Assembly establishes the following standing committees to assist the National Assembly and the State Council;

1/ Legal Committee;

2/ Economic, Planning, and Budget Committee;

3/ Culture and Education Committee;

4/ Science and Technology Committee;

5/ Health and Social Affairs Committee;

6/ Youth, Adolescents, and Children Committee;

7/ Foreign Relations Committee.

The National Assembly establishes other standing committees when deemed necessary.

Article 46 |||

Standing committees of the National Assembly consist of the Chairperson, Deputy Chairperson, Secretary, and members.

The National Assembly elects the Chairperson and other members of the committee according to the list proposed jointly by the Chairman of the National Assembly and the heads of delegations of representatives, after consulting the delegations. The Deputy Chairperson and Secretary are appointed by the committee from among its members.

The number of members of each committee is determined by the National Assembly.

Article 47 |||

Standing committees of the National Assembly have the following tasks and powers:

1/ Examine reports, draft laws, draft ordinances, and other projects assigned by the National Assembly or the State Council;

2/ Submit draft laws, draft ordinances, and other projects to the National Assembly and the State Council;

3/ Study and advise the National Assembly and the State Council on issues within the scope of the committee's activities;

4/ Assist the National Assembly and the State Council in exercising their oversight power over compliance with the Constitution and laws, and supervise the activities of the Council of Ministers, the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, and People's Councils at various levels.

Article 48

Standing committees of the National Assembly operate according to programs decided by the committee.

Committees submit their work programs to the Chairman of the National Assembly for the Chairman to coordinate and harmonize the activities of the committees.

Article 49

When necessary, the National Assembly or the State Council may establish temporary committees to perform specific tasks. The organization and operation of temporary committees are regulated by the National Assembly or the State Council when establishing such committees.

Article 50

The Ethnic Council and committees of the National Assembly may conduct investigations and on-site examinations of necessary issues. When an issue involves multiple committees, those committees shall cooperate to examine it.

The Ethnic Council and committees of the National Assembly have the right to request members of the Council of Ministers and relevant personnel to present or provide information on necessary issues related to the tasks of the council and committees. Those requested have the responsibility to respond to such requests.

Article 51

Members of the National Assembly who are not members of the standing committees of the National Assembly may attend committee meetings with the consent of the committee chairperson and have the right to express opinions but not vote.

Article 52

Standing committees of the National Assembly may establish subcommittees to assist with work with the consent of the State Council.

Sub-committee leaders must be members of the standing committee; members may not necessarily be members of the standing committee or members of the National Assembly.

Article 53

The Ethnic Council and committees of the National Assembly have the right to question the Council of Ministers and its members, the President of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy.

The procedure for questioning and responding to questions is regulated in Article 59 and Article 60 of this Law.

Article 54

The Ethnic Council and committees of the National Assembly may propose that the State Council put a draft law, draft ordinance, or an important issue to a public referendum.

Article 55

The specific operating procedures of the Ethnic Council and standing committees of the National Assembly are regulated by the operational rules of these bodies.

Article 56

The State Council organizes an office to assist the National Assembly and the State Council.

 

CHAPTER V

NATIONAL ASSEMBLY DEPUTY

Article 57

The term of office of each member of the National Assembly begins from the first session of the term of the National Assembly and ends at the first session of the next term of the National Assembly.

Article 58

Members of the National Assembly have the duty to participate in sessions and meetings of the National Assembly. Any member who cannot attend must provide reasons and notify the Chairman of the National Assembly in advance.

Article 59

Members of the National Assembly have the right to question the Council of Ministers and members of the Council of Ministers, the Chief Justice of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy.

When the National Assembly convenes, members of the National Assembly submit their questions to the Chairman of the National Assembly for the Chairman to forward to the relevant agencies or individuals being questioned.

When a member questions the Council of Ministers, the Chairman of the Council of Ministers or a designated member of the Council of Ministers responds. When a member questions a member of the Council of Ministers, that member responds.

The agency or individual being questioned must respond before the National Assembly at the session in question. In cases requiring investigation, the National Assembly decides on the time for responding before the State Council or at the next session of the National Assembly.

Between sessions of the National Assembly, members of the National Assembly submit their questions to the Chairman of the State Council for the Chairman of the State Council to forward to the relevant agencies or individuals being questioned. The agency or individual being questioned must respond before the State Council or, according to the decision of the State Council, before the National Assembly at its nearest upcoming session.

Article 60

When necessary, the National Assembly or the State Council may issue resolutions regarding the responses and responsibilities of the agencies or individuals being questioned.

Article 61

Members of the National Assembly must maintain close contact with voters, be subject to voter supervision, implement a system of contact and reporting to voters about their activities and those of the National Assembly, and respond to voter requests and proposals. After each session of the National Assembly, members report to voters about the results of the session, disseminate and explain laws and resolutions passed by the National Assembly.

Members of the National Assembly must propagate and disseminate laws and state policies, encourage the people to participate in state management.

Article 62

Members of the National Assembly receive complaints and accusations from the people, have the responsibility to study them and transfer them to relevant state agencies, monitor their resolution, and inform the complainants of the results.

State agencies must inform representatives of the National Assembly about the results of resolving complaints and accusations from the people transferred by members of the National Assembly.

1. The subjects eligible for the award of the title "People's Doctor" and "Outstanding Doctor" include doctors, pharmacists, medical technicians, traditional medicine practitioners engaged in medical treatment, pharmaceutical production, medical research, disease prevention, epidemic control, and health management officials.

Members of the National Assembly have the right to make recommendations to state agencies regarding the enforcement of laws and state policies and issues of common interest. State agencies and responsible persons must study and respond to these recommendations made by members.

Upon request by members of the National Assembly, state agencies and responsible persons must take necessary measures promptly to stop actions violating the law by state agencies, people's armed forces units, social organizations, or any individual.

When a member of the National Assembly visits the person in charge of a state agency or people's organization, that person has the responsibility to meet with the member.

Article 64

Members of the National Assembly have the right to attend meetings of People's Councils at various levels where they were elected, have the right to speak but not vote. When summoning a meeting of the People's Council, the People's Committee must notify the members of the National Assembly in their locality.

Article 65

Without the consent of the National Assembly during its session or without the consent of the State Council when it is not in session, no member of the National Assembly can be arrested or prosecuted. Proposals for the arrest and prosecution of a member of the National Assembly fall under the jurisdiction of the Procurator General of the Supreme People's Procuracy.

If a member of the National Assembly is detained due to being caught in the act of committing a crime, the detaining agency must immediately report to the National Assembly or the State Council for examination and decision.

Article 66

A member of the National Assembly may be dismissed by voters if deemed unworthy of public trust.

The procedure for dismissing a member of the National Assembly is conducted in accordance with the provisions of the Law on Election of Members of the National Assembly.

Article 67

A member of the National Assembly who is convicted and sentenced to imprisonment by a court loses their status as a member of the National Assembly.

Article 68

The National Assembly examines and decides on cases where members of the National Assembly are deemed unworthy to be members of the National Assembly based on the proposal of the State Council, the Central Committee of the Vietnam Fatherland Front, or the local Vietnam Fatherland Front Committee that introduced the candidate.

Article 69

A member of the National Assembly may resign from office due to inability to fulfill the duties of a member of the National Assembly.

Acceptance of a resignation by a member of the National Assembly is decided by the State Council and reported to the National Assembly at its nearest upcoming session.

Article 70

In case of vacancy among members of the National Assembly, the State Council examines and decides on supplementary elections.

The term of office of a member of the National Assembly elected through supplementary elections begins from the session following the supplementary election to the first session of the new National Assembly term.

Article 71

Members of the National Assembly from provinces, centrally governed cities, and equivalent administrative units form a delegation of National Assembly representatives and elect a leader. The delegation organizes the activities of National Assembly representatives in electoral units.

Leaders of delegations of National Assembly representatives and members of the National Assembly maintain relations with the Chairman of the National Assembly and the State Council. Twice a year, the delegations of National Assembly representatives report to the Chairman of the National Assembly, the State Council, and the local Vietnam Fatherland Front Committee about the activities of National Assembly representatives in their locality.

Article 72

Within their scope of responsibility, the State Council, the Council of Ministers, People's Committees at all levels, and other state agencies have the responsibility to create favorable conditions for the activities of National Assembly representatives, such as providing materials, information, ensuring venues for voter contact, and travel means according to standards.

Those who obstruct National Assembly representatives in performing their duties will be dealt with according to the law.

 

Chapter VI

FINAL PROVISION

Article 73

This Law replaces the Law on the Organization of the National Assembly dated July 14, 1960.

 

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, Seventh Session, First Meeting, on July 3, 1981.

 

 

 

Trường Chinh

(Signed)