This Resolution stipulates the operational rules of the Standing Committee of the National Assembly, including tasks, authorities, and procedures for implementation. The Standing Committee of the National Assembly is the permanent body of the National Assembly, accountable to the National Assembly for its work and possesses many authorities such as issuing ordinances and resolutions, supervising the activities of the Government, the Supreme People's Court, and the Supreme People's Procuracy. This document applies to the Standing Committee of the National Assembly and related agencies and organizations.
Đối tượng áp dụng
Standing Committee of the National Assembly
Các điểm cốt lõi
- The Standing Committee of the National Assembly is the permanent body of the National Assembly, accountable to the National Assembly for its work and possesses many authorities such as issuing ordinances and resolutions, supervising the activities of the Government, the Supreme People's Court, and the Supreme People's Procuracy.
- The Standing Committee of the National Assembly has the authority to issue ordinances and resolutions to implement its tasks and authorities.
- In the election of National Assembly deputies, the Standing Committee of the National Assembly is responsible for establishing the Election Council; setting and announcing the date of the National Assembly deputy election nationwide; proposing the structure and composition of National Assembly deputies; adjusting the structure, composition, and number of people from central and local agencies, organizations, and units to be elected as National Assembly deputies.
- In directing and organizing preparation and convening sessions of the National Assembly, the Standing Committee of the National Assembly is tasked with proposing the session program; directing, coordinating, and harmonizing the activities of relevant agencies in preparing session content.
- In chairing sessions of the National Assembly, the Standing Committee of the National Assembly is responsible for organizing and ensuring the implementation of the session program, the Rules of Procedure of the National Assembly session; proposing adjustments to the program when necessary.
🌐 Tác động xã hội từ văn bản này
- Positive impact: The Rules of Operation of the Standing Committee of the National Assembly help improve the effectiveness of work and responsibility of this agency, thereby enhancing the quality of legislative decisions.
- Negative impact: Implementing these regulations may impose additional administrative procedural burdens on related agencies.
❓ Câu hỏi thường gặp
What authorities does the Standing Committee of the National Assembly have in the election of National Assembly deputies?
The Standing Committee of the National Assembly is responsible for establishing the Election Council; setting and announcing the date of the National Assembly deputy election nationwide; proposing the structure and composition of National Assembly deputies; adjusting the structure, composition, and number of people from central and local agencies, organizations, and units to be elected as National Assembly deputies.
What authorities does the Standing Committee of the National Assembly have in supervising the activities of the Government?
The Standing Committee of the National Assembly examines reports from the Government on issues within its supervisory jurisdiction; requests members of the Government to report directly, submit written reports, or provide materials when deemed necessary.
Under what circumstances can the Standing Committee of the National Assembly issue a resolution on confidence voting?
The Standing Committee of the National Assembly itself or upon proposal by the State President, the Prime Minister, the National Ethnic Council, Committees of the National Assembly, or National Assembly deputies may propose to the National Assembly for a confidence vote on individuals appointed or approved by the National Assembly.
What authorities does the Standing Committee of the National Assembly have in examining and approving draft laws?
The Standing Committee of the National Assembly examines and provides opinions on draft laws; decides to submit draft laws to the National Assembly for opinion or approval; directs the consolidation of opinions of National Assembly deputies at National Assembly sessions.
Under what circumstances can the Standing Committee of the National Assembly issue a resolution declaring a state of war?
The Standing Committee of the National Assembly issues a resolution declaring a state of war when the country is invaded and reports to the National Assembly for consideration and decision at the nearest session.
Toàn văn
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OF THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 26/2004/QH11 |
Hanoi, June 15, 2004 |
RESOLUTION
Regarding the issuance of the Rules on the Operation of the Standing Committee of the National Assembly
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OF THE NATIONAL ASSEMBLY
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;
Based on the Law on the Organization of the National Assembly;
Based on the proposal of the Standing Committee of the National Assembly and the opinions of the National Assembly deputies;
RESOLVES:
1. Issuing the Rules on the Operation of the Standing Committee of the National Assembly.
2. These Rules replace the Rules on the Operation of the Standing Committee of the National Assembly which were adopted at the third session of the Ninth National Assembly on July 7, 1993.
3. Entrusting the Standing Committee of the National Assembly to organize the implementation of these Rules./.
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SPEAKER OF THE NATIONAL ASSEMBLY (Signed) Nguyen Van An |
REGULATIONS
Activities of the Standing Committee of the National Assembly
________________
(Issued together with Resolution No. 26/2004/QH11
of the Eleventh National Assembly, fifth session)
Chapter I
GENERAL PROVISIONS
Article 1:The Standing Committee of the National Assembly is the permanent body of the National Assembly, elected by the National Assembly at its first session of each term. The Standing Committee of the National Assembly performs tasks and powers as prescribed by law; it is accountable and reports its work to the National Assembly.
The term of office of the Standing Committee of the National Assembly begins when it is elected by the National Assembly and ends when the new National Assembly elects a new Standing Committee of the National Assembly.
Article 2:The Standing Committee of the National Assembly consists of the Chairman of the National Assembly, the Vice Chairmen of the National Assembly, and members, chaired by the Chairman of the National Assembly, with the Vice Chairmen serving as Vice Chairmen.
The number of Vice Chairmen of the National Assembly and the number of members of the Standing Committee of the National Assembly are decided by the National Assembly.
Members of the Standing Committee of the National Assembly cannot concurrently be members of the Government and work under a full-time system.
In case of vacancy, the Standing Committee of the National Assembly shall report to the National Assembly for decision on supplementary election.
Article 3: The Standing Committee of the National Assembly organizes and operates according to the principle of democratic centralism, works in conference sessions, and decides by majority.
The effectiveness of the Standing Committee of the National Assembly is ensured by the effectiveness of the Standing Committee of the National Assembly's sessions, the activities of the Chairman of the National Assembly, the Vice Chairmen of the National Assembly, the members of the Standing Committee of the National Assembly, along with the participation of the National Ethnic Council, the Committees of the National Assembly, the Delegations of National Assembly deputies, and National Assembly deputies.
Article 4:
1. The Chairman of the National Assembly leads the activities of the Standing Committee of the National Assembly. The Vice Chairmen assist the Chairman in performing tasks as assigned by the Chairman. When the Chairman is absent, a Vice Chairman appointed by the Chairman shall act on behalf of the Chairman of the National Assembly to perform his duties and powers.
2. Members of the Standing Committee of the National Assembly are collectively responsible for the performance of the tasks and powers of the Standing Committee of the National Assembly; they are individually responsible before the Standing Committee of the National Assembly for issues assigned by the Standing Committee; they participate in Standing Committee of the National Assembly sessions, discuss, and decide matters within the agenda of the session.
With the authorization of the Standing Committee of the National Assembly, members of the Standing Committee of the National Assembly may represent the Standing Committee of the National Assembly in working with various sectors and levels, and report the results to the Standing Committee of the National Assembly.
Article 5: The Standing Committee of the National Assembly promulgates ordinances and resolutions to implement its tasks and powers.
Article 6: When performing its tasks and powers, the Standing Committee of the National Assembly coordinates its work with the President of the State, the Government, the Prime Minister, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the Chairman of the Central Steering Committee of the Vietnam Fatherland Front; it requests representatives of other agencies, organizations, and citizens to participate when necessary.
The Government, the Supreme People's Court, the Supreme People's Procuracy, other state agencies, political-social organizations, social organizations, socio-professional organizations, economic organizations, and people's armed units have the responsibility to implement the requirements of the Standing Committee of the National Assembly.
Chapter II
CONTENT OF THE ACTIVITIES OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Article 7: In the election of National Assembly deputies, the Standing Committee of the National Assembly has the following tasks and powers:
1. Establishing the Election Council; setting and announcing the election day for National Assembly deputies nationwide;
2. Setting and announcing the number of constituencies, the list of constituencies, and the number of National Assembly deputies to be elected in each constituency;
3. Proposing the structure and composition of National Assembly deputies from political organizations, political-social organizations, social organizations, the people's armed forces, central and local state agencies, the number of National Assembly deputies from ethnic minorities, the number of female National Assembly deputies; adjusting the structure, composition, and number of personnel from central and local agencies to be elected as National Assembly deputies;
4. Deciding and announcing the supplementary election of National Assembly deputies, the supplementary election date; establishing the Supplementary Election Council for National Assembly deputies; coordinating with the Chairman of the Central Steering Committee of the Vietnam Fatherland Front to specify the procedures for negotiation and nomination of candidates for supplementary election;
5. Reviewing the reports of the Election Council on the preparation situation, the conduct, and the results of the National Assembly deputy election; inspecting and supervising the election at localities;
6. Considering complaints and denunciations regarding the election of National Assembly deputies in accordance with the law.
The Standing Committee of the National Assembly directs the Delegation Work Committee and relevant agencies and organizations to assist the Standing Committee of the National Assembly in implementing the tasks and powers stipulated in this Article.
Article 8:At the first session of each term of the National Assembly, the previous Standing Committee of the National Assembly proposes to the National Assembly to decide on the number of Vice Chairmen of the National Assembly and the number of members of the Standing Committee of the National Assembly; it introduces a list for the National Assembly to elect the Chairman of the National Assembly, the Vice Chairmen of the National Assembly, and the members of the Standing Committee of the National Assembly of the new term.
After being elected, the new Standing Committee of the National Assembly introduces a list for the National Assembly to elect the President of the State.
Article 9: In directing and organizing the preparation and convening of National Assembly sessions, the Standing Committee of the National Assembly has the following tasks and powers:
1. Propose the agenda for the session based on the resolution of the National Assembly, the President's proposal, the Prime Minister's proposal, the Vietnam Fatherland Front Central Committee's proposal, the Chief Justice of the Supreme People's Court's proposal, the Chief Prosecutor of the Supreme People's Procuracy's proposal, the National Ethnic Council's proposal, the proposals of the National Assembly's Committees, and the proposals of the National Assembly deputies; decide to convene regular sessions of the National Assembly at least thirty days before the opening day of the session and extraordinary sessions at least seven days before the opening day of the session;
2. Direct, coordinate, and cooperate in the activities of relevant agencies in preparing the content of the session; review the preparation of draft laws, reports, and other projects to be submitted to the National Assembly; direct the incorporation of opinions from National Assembly deputies and the public, sectors, and levels between two sessions to revise draft laws, draft resolutions, and other projects to be submitted to the National Assembly;
3. Consider citizens' petitions, request relevant agencies to study, resolve, and report to the National Assembly;
4. Decide on other issues related to the preparation of the National Assembly session.
Article 10:
1. In presiding over the National Assembly session, the Standing Committee of the National Assembly shall have the following tasks and powers:
a) Organize and ensure the implementation of the session agenda and the Rules of Procedure of the National Assembly session; propose the National Assembly to adjust the agenda when necessary;
b) Review the consolidated report on the results of discussions by the National Ethnic Council, the National Assembly's Committees, and National Assembly deputies in their respective delegations or groups; propose issues to be discussed at plenary meetings of the National Assembly;
c) When necessary, propose issues to be discussed at meetings of the National Assembly Chairperson with the Chairperson of the National Ethnic Council, the Heads of the National Assembly's Committees, the Leaders of National Assembly Delegations, attended by the State President, the Prime Minister, the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy, and representatives of relevant agencies and organizations before submitting to the National Assembly for decision;
d) Direct the incorporation of opinions from National Assembly deputies during the session to revise draft laws, draft resolutions, and other projects; organize for the National Assembly to vote on draft laws, draft resolutions, and other projects;
2. After each National Assembly session, the Standing Committee of the National Assembly organizes the review, evaluation, and drawing of lessons from the session, with the participation of the State President, representatives of the National Ethnic Council, the National Assembly's Committees, the National Assembly Session Secretariat, representatives of the Government, the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies and organizations.
Article 11: In preparing the annual and term-by-term legislative program project to be submitted to the National Assembly, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Notify the preparation of the legislative program project to agencies, organizations, and individuals with the right to submit legislative projects and proposals for laws and ordinances;
2. Discuss and decide on the legislative program project based on the legislative program proposal of the Government, legislative project proposals from other agencies, organizations, and National Assembly deputies, proposals for laws and ordinances from National Assembly deputies, the review report of the Legal Affairs Committee, and the opinions of the National Ethnic Council and other National Assembly Committees;
3. Direct the Law Drafting Task Force and relevant agencies to assist the Standing Committee of the National Assembly in preparing the draft resolution of the National Assembly on the legislative program for the term and annually to be reviewed and decided upon by the National Assembly;
Article 12: In directing and implementing the legislative program that has been approved by the National Assembly, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Assign agencies to submit and agencies to review legislative projects under the program; assign Standing Committee members to oversee the incorporation and revision of draft projects;
2. Establish a drafting board for legislative projects, ordinance projects, and draft resolutions according to Clause 2, Article 25 of the Law on Enacting Legislative Acts;
3. Decide on the progress schedule for legislative projects and measures to ensure their completion;
4. Direct the Law Drafting Task Force to coordinate with relevant agencies to monitor, urge, and consolidate the implementation of the legislative program;
5. Provide comments on the preparation of legislative projects, ordinance projects, and draft resolutions;
6. Adjust the legislative program according to the authorization of the National Assembly or propose adjustments to the program to be submitted to the National Assembly for decision at the nearest session.
Article 13: In presenting legislative projects to the National Assembly for review and approval, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. The Standing Committee of the National Assembly reviews and provides comments on legislative projects submitted to the National Assembly by agencies, organizations, and individuals authorized under Article 87 of the Constitution.
The Standing Committee of the National Assembly decides to present legislative projects to the National Assembly for comments or approval; proposes the National Assembly to consider and approve legislative projects at one or two sessions; assigns relevant agencies and organizations to revise draft projects.
In cases where agencies, organizations, or individuals submitting legislative projects or the National Ethnic Council and National Assembly Committees assigned to review legislative projects have different opinions from those of the Standing Committee of the National Assembly, they shall report to the National Assembly for consideration and decision;
2. For legislative projects considered and approved at one session by the National Assembly, the Standing Committee of the National Assembly shall perform the following tasks:
a) Provide comments on legislative projects; decide on presenting legislative projects to the National Assembly for consideration and approval at the session;
b) Organize specialized National Assembly delegate meetings to discuss and provide opinions on legislative projects; require National Assembly Delegation Leaders to organize for National Assembly deputies to discuss and provide opinions on legislative projects in their localities;
c) Direct the consolidation of opinions from National Assembly deputies during the session;
d) Direct the main reviewing agency, the submitting agency, the Legal Affairs Committee, the Ministry of Justice, the Law Drafting Task Force, and relevant agencies to assist the Standing Committee of the National Assembly in predicting the contents to be incorporated and revised in draft laws based on the opinions of National Assembly deputies.
đ) To provide comments on the opinions of National Assembly deputies and to approve the report explaining, adopting, and revising the draft law for the National Assembly to examine and approve;
3. For draft laws examined and approved at two sessions of the National Assembly, the Standing Committee of the National Assembly shall perform the following tasks:
a) To provide comments on the draft law; to decide on submitting the draft law to the National Assembly for examination and comments;
b) To direct the compilation of opinions of National Assembly deputies on the draft law at the first session;
c) To direct the competent agency in charge of reviewing, the agency submitting the draft, the Committee for Legal Affairs, the Ministry of Justice, the Legislative Work Task Force, and relevant agencies to assist the Standing Committee of the National Assembly in preparing anticipated contents for adopting and revising the draft law based on the opinions of National Assembly deputies at the first session;
d) To organize a specialized meeting of National Assembly deputies to discuss and provide comments on the draft law that has been adopted and revised based on the opinions of National Assembly deputies at the first session, and to request the Delegations of National Assembly deputies to organize discussions and provide comments on this draft law at their localities;
đ) To decide on organizing public opinion surveys among the people, sectors, and levels regarding the draft law based on the nature and content of the draft or according to the decision of the National Assembly;
The Standing Committee of the National Assembly decides and announces the content, scope, format, and time for soliciting public opinions from the people, sectors, and levels regarding the draft law;
e) To provide comments on the adoption of opinions of National Assembly deputies, the people, sectors, and levels concerning the draft law; to approve the report explaining, adopting, and revising the draft law to be submitted to the National Assembly for examination and approval at the second session;
g) To implement the tasks stipulated in points c, d, and đ of Clause 2 of this Article at the second session;
4. In cases where the draft law has not been approved or partially approved, the Standing Committee of the National Assembly shall submit it to the National Assembly for examination and decision on discussion and approval at the next session;
5. The Standing Committee of the National Assembly directs the Legislative Work Task Force to coordinate with relevant agencies to assist the Standing Committee of the National Assembly in perfecting the legislative text before the Chairman of the National Assembly signs to authenticate it;
Article 14: The Standing Committee of the National Assembly promulgates ordinances based on the legislative program already approved by the National Assembly;
Agencies, organizations, and individuals who have the right to submit draft laws to the National Assembly also have the right to submit draft ordinances to the Standing Committee of the National Assembly;
Draft ordinances must be reviewed by the National Ethnic Council or the National Assembly's Committees before being submitted to the Standing Committee of the National Assembly. When deemed necessary, the Standing Committee of the National Assembly may decide to organize public opinion surveys among the people, opinions of National Assembly deputies, and related agencies regarding the draft ordinance prior to its approval;
Article 15:
1. The Standing Committee of the National Assembly itself or upon the proposal of the State President, the Government, the Supreme People's Court, the Supreme People's Procuratorate, the National Ethnic Council, the National Assembly's Committees, the Central Committee of the Vietnam Fatherland Front, member organizations of the Front, and National Assembly deputies decides on interpreting the Constitution, laws, ordinances, and international treaties that have been approved by the National Assembly, or international treaties containing provisions contrary to or not provided for in the legislative texts of the National Assembly and the Standing Committee of the National Assembly;
2. Within thirty days from the date of receiving a request for interpretation of the Constitution, laws, ordinances, and international treaties, the Standing Committee of the National Assembly shall be responsible for examining and informing the requesting agency, organization, or individual about the Standing Committee's opinion on this matter;
3. Depending on the nature and content of the issue requiring interpretation, the Standing Committee of the National Assembly may assign the Government, the Supreme People's Court, the Supreme People's Procuratorate, the National Ethnic Council, or the National Assembly's Committees to draft a resolution for interpreting the Constitution, laws, ordinances, and international treaties to be submitted to the Standing Committee of the National Assembly for examination and decision;
Article 16: In preparing the proposed supervision program of the National Assembly, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. To notify the National Ethnic Council, the National Assembly's Committees, the Delegations of National Assembly deputies, National Assembly deputies, the Central Committee of the Vietnam Fatherland Front, and other relevant agencies, organizations, and individuals to prepare their opinions on the proposed supervision program of the National Assembly;
2. To discuss and decide on the proposed supervision program of the National Assembly based on recommendations from the National Ethnic Council, the National Assembly's Committees, the Delegations of National Assembly deputies, National Assembly deputies, the Central Committee of the Vietnam Fatherland Front, the Representative Work Task Force, the Petitions Committee, and the opinions and proposals of voters nationwide;
3. To direct the Office of the National Assembly and relevant agencies to assist the Standing Committee of the National Assembly in preparing the draft resolution of the National Assembly on the supervision program to be submitted to the National Assembly for examination and decision at the last session of the previous year;
Article 17: In directing the implementation of the supervision program of the National Assembly, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Based on the supervision program of the National Assembly, to specifically allocate supervision contents for members of the Standing Committee of the National Assembly, the National Ethnic Council, the National Assembly's Committees, and the Delegations of National Assembly deputies to implement;
2. To receive and review reports on the results of supervision on allocated contents by members of the Standing Committee of the National Assembly, the National Ethnic Council, the National Assembly's Committees, and the Delegations of National Assembly deputies;
3. To adjust the supervision program of the National Assembly and report to the National Assembly at the nearest session;
4. To compile and report on the implementation of the supervision program and its results at the last session of the National Assembly of the year;
Article 18:The Standing Committee of the National Assembly decides on its quarterly and annual supervision programs based on the supervision program of the National Assembly and proposals from the National Ethnic Council, the National Assembly's Committees, the Delegations of National Assembly deputies, National Assembly deputies, the Central Committee of the Vietnam Fatherland Front, the Representative Work Task Force, the Petitions Committee, and the opinions and proposals of voters nationwide.
Article 19: Pursuant to the supervision program that has been approved, the Standing Committee of the National Assembly assigns members of the Standing Committee of the National Assembly to implement the contents of the program; organizes a Supervision Delegation or may entrust the National Ethnic Council, Committees of the National Assembly to implement certain contents under the program and report the results to the Standing Committee of the National Assembly; decides on the progress of implementation and measures to ensure the implementation of the program.
At the final session of the year, the Standing Committee of the National Assembly reports to the National Assembly on the implementation of the program and the results of its supervision.
Article 20: Based on its own supervision program or upon the request of the National Assembly, the proposal of the National Ethnic Council, Committees of the National Assembly, the Committee for Representative Affairs, the Committee for Petitions, the Delegation of National Assembly representatives, or National Assembly deputies, the Standing Committee of the National Assembly decides to establish a Supervision Delegation of the Standing Committee of the National Assembly.
The organization of the Supervision Delegation, specific tasks and powers of the Supervision Delegation are carried out in accordance with Article 23 of the Law on the Activities of Supervision of the National Assembly.
Article 21: With respect to the activities of the Government, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Examine the preparation of reports and projects of the Government to be submitted to the National Assembly; examine reports of the Government on issues within its supervisory jurisdiction; require members of the Government to directly report, submit written reports, or provide materials when deemed necessary.
2. Examine normative legal documents of the Government, Prime Minister that appear to be contrary to the Constitution, laws, resolutions of the National Assembly, decrees, resolutions of the Standing Committee of the National Assembly; decide to revoke part or all of normative legal documents of the Government, Prime Minister that are contrary to decrees, resolutions of the Standing Committee of the National Assembly; suspend the enforcement of part or all of normative legal documents of the Government, Prime Minister that are contrary to the Constitution, laws, resolutions of the National Assembly and submit them to the National Assembly for consideration and decision at the nearest session.
Article 22: With respect to the organization and activities of the People's Court, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Examine the preparation of reports and projects of the Supreme People's Court to be submitted to the National Assembly; examine the work report of the President of the Supreme People's Court during the period when the National Assembly is not in session; examine reports of the Supreme People's Court on issues within its supervisory jurisdiction.
2. Examine normative legal documents of the Supreme People's Court that appear to be contrary to the Constitution, laws, resolutions of the National Assembly, decrees, resolutions of the Standing Committee of the National Assembly; decide to revoke part or all of normative legal documents of the Supreme People's Court that are contrary to decrees, resolutions of the Standing Committee of the National Assembly; suspend the enforcement of part or all of normative legal documents of the Supreme People's Court that are contrary to the Constitution, laws, resolutions of the National Assembly and submit them to the National Assembly for consideration and decision at the nearest session.
3. Prescribe the organization and operation of military courts; decide to establish specialized courts of the Supreme People's Court and provincial-level People's Courts when necessary, decide to appoint members of the Supreme People's Court's Judicial Council according to the proposal of the President of the Supreme People's Court.
4. Prescribe specific standards for Judges and Associate Judges of each level of court, procedures for selection, appointment, removal, dismissal of Judges, election or appointment, removal, dismissal of Associate Judges, rights and obligations of Judges and Associate Judges; prescribe the organization and operation of the Judge Selection Council, relations between the Judge Selection Council and the President of the Supreme People's Court; prescribe the management of People's Associate Judges and Military Associate Judges.
5. Issue regulations on coordination between the Supreme People's Court and local People's Councils, between the Supreme People's Court and the Ministry of National Defense in managing local People's Courts and military courts in terms of organization.
6. Decide on the total establishment, number of Judges of the Supreme People's Court, list of members of the Judge Selection Council of the Supreme People's Court, total establishment, number of Judges and People's Associate Judges of local People's Courts; approve the administrative apparatus of the Supreme People's Court and local People's Courts according to the proposal of the President of the Supreme People's Court.
7. Decide on the total establishment, number of Judges of central military courts, total establishment, number of Judges and Military Associate Judges of military regional courts and equivalent courts, military courts in regions; approve the administrative apparatus of military courts according to the proposal of the President of the Supreme People's Court after reaching agreement with the Minister of National Defense; decide on the list of members of the Judge Selection Council of central military courts according to the proposal of the President of the Supreme People's Court.
8. Based on the general salary system of the State, prescribe the salary and allowances for cadres and civil servants of the judiciary; prescribe preferential treatment for Judges; prescribe identification cards and uniforms for cadres and civil servants of the judiciary.
9. Decide on negotiations and signing of international treaties by the Supreme People's Court after obtaining the opinion of the Government and hearing reports on the implementation of signed international treaties.
Article 23: With respect to the organization and activities of the People's Procuracy, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Examine the preparation of reports and projects of the Supreme People's Procuracy to be submitted to the National Assembly; examine the work report of the Chief Prosecutor of the Supreme People's Procuracy during the period when the National Assembly is not in session; examine reports of the Supreme People's Procuracy on issues within its supervisory jurisdiction.
2. Review normative legal documents of the Supreme People's Procuracy that appear to violate the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; decide to revoke part or all of normative legal documents of the Supreme People's Procuracy that violate ordinances and resolutions of the Standing Committee of the National Assembly; suspend the implementation of part or all of normative legal documents of the Supreme People's Procuracy that violate the Constitution, laws, and resolutions of the National Assembly, and submit to the National Assembly for review and decision at the nearest session.
3. Provide regulations on the organization and operation of military procuracies, supervision over the activities of military procuracies; provide specific standards for Prosecutors, Investigators, Selection Committees, and selection rules for Prosecutors and Investigators.
4. Decide on the total establishment, number of Prosecutors and Investigators of the People's Procuracy, list of members of the Selection Committee for Prosecutors, appoint members of the Supreme People's Procuracy Supervisory Board, approve the working apparatus of the Supreme People's Procuracy based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy.
5. Decide on the establishment, number of Prosecutors and Investigators, approve the working apparatus of the Military Procuracy based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy after reaching agreement with the Minister of Defense; decide on the list of members of the Central Military Procuracy Selection Committee based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy; decide on the establishment of Military Procuracies of Military Regions and equivalent units, Military Procuracies of regions based on the proposal of the Chief Prosecutor of the Supreme People's Procuracy after reaching agreement with the Minister of Defense.
6. Based on the general salary system of the State, provide the salary and allowances for staff in the Procuracy sector; provide preferential treatment for Prosecutors and Investigators when performing their duties; provide identification cards and uniforms for staff in the Procuracy sector.
7. Decide on negotiations and signing of international treaties of the Supreme People's Procuracy after obtaining the opinion of the Government and hearing reports on the implementation of signed international treaties.
Article 24: In reviewing the proposals of voters nationwide, the Standing Committee of the National Assembly has the following tasks and powers:
1. Direct the People's Petitions Committee and relevant agencies to assist the Standing Committee of the National Assembly in compiling, classifying voter opinions and proposals; coordinate with the Vietnam Fatherland Front Central Committee to report to the National Assembly on the compilation of voter opinions and proposals nationwide.
2. Require relevant agencies and organizations to study and resolve voter proposals within their authority; assign the National Ethnic Councils and Committees of the National Assembly to study and respond to voter proposals related to the activities of the National Assembly.
3. Assign the National Ethnic Councils and Committees of the National Assembly to monitor and urge the resolution of voter proposals within their areas of responsibility; direct the People's Petitions Committee to assist the Standing Committee of the National Assembly in monitoring and urging the resolution of voter proposals outside the areas of responsibility of the National Ethnic Councils and Committees.
4. Supervise the resolution of voter proposals submitted to the National Assembly.
5. Propose issues for discussion and adoption of resolutions by the National Assembly regarding the resolution of voter proposals.
Article 25: In organizing the exercise of the right to question by National Assembly deputies, the Standing Committee of the National Assembly has the following tasks and powers:
1. Hear reports on the receipt, compilation, and classification of questions from National Assembly deputies during the session.
2. Direct the Deputies' Work Committee to assist the Standing Committee of the National Assembly in receiving questions from National Assembly deputies between sessions to transfer them to the relevant agency or person being questioned and decide on the deadline and form of response.
3. Examine responses to questions from National Assembly deputies decided by the National Assembly to be answered at the Standing Committee session and other questions sent to the Standing Committee of the National Assembly between sessions.
4. During the National Assembly session, propose the contents and list of responsible persons to answer questions from National Assembly deputies during the session and report to the National Assembly for decision; require the person being questioned to prepare the content of the response to the question from the National Assembly deputy.
5. When deemed necessary, issue a resolution or propose the National Assembly to issue a resolution on the response to the question and the responsibility of the person being questioned.
Article 26:
1. When deeming it necessary, the Standing Committee of the National Assembly shall itself or upon the proposal of the State President, the Prime Minister, the National Ethnic Council, the Committees of the National Assembly, or National Assembly deputies propose to the National Assembly to decide on the establishment of a temporary National Assembly Committee for examination of draft laws, investigation of a specific issue, or implementation of other specific tasks as prescribed by law.
2. Within thirty days from the date of receipt of the proposal regarding the establishment of a temporary National Assembly Committee, the Standing Committee of the National Assembly shall have the responsibility to examine and notify the proposing agency or individual of the Standing Committee's opinion on this matter.
3. In case of deciding to propose to the National Assembly the establishment of a temporary National Assembly Committee, the Standing Committee of the National Assembly shall propose the organizational structure, number of members, tasks, powers, and duration of operation of the temporary National Assembly Committee for the National Assembly to consider and decide.
Article 27: In preparing for the National Assembly to vote on confidence in individuals holding positions elected or approved by the National Assembly, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Direct the Deputies' Work Committee to assist the Standing Committee of the National Assembly in receiving petitions from National Assembly deputies or the National Ethnic Council, Committees of the National Assembly regarding voting on confidence in individuals holding positions elected or approved by the National Assembly;
2. Propose to the National Assembly to vote on confidence in individuals holding positions elected or approved by the National Assembly when receiving a written petition from at least twenty percent of the total number of National Assembly deputies or a petition from the National Ethnic Council, Committees of the National Assembly;
3. When deeming it necessary, decide on its own to propose to the National Assembly to vote on confidence in individuals holding positions elected or approved by the National Assembly.
Article 28: The Standing Committee of the National Assembly supervises the handling of citizens' complaints and denunciations submitted to the National Assembly and the Standing Committee of the National Assembly.
Every six months, the Standing Committee of the National Assembly listens to reports from the Government, the Supreme People's Court, the Supreme People's Procuracy, and the Petitions Committee on citizen petitions work, complaint and denunciation resolution, and provides opinions on issues that need to be considered and resolved.
When necessary, the Standing Committee of the National Assembly organizes a Supervision Team to inspect the examination and resolution of citizens' complaints and denunciations, or assigns the National Ethnic Council, Committees of the National Assembly to supervise and report the results to the Standing Committee of the National Assembly; directs the Petitions Committee to assist the Standing Committee of the National Assembly in supervising the resolution of citizens' complaints and denunciations and regularly report to the Standing Committee of the National Assembly.
Within the scope of their tasks and powers, the Government, the Supreme People's Court, the Supreme People's Procuracy, and other relevant agencies and organizations shall have the responsibility to study and implement conclusions or requests of the Standing Committee of the National Assembly regarding citizen petitions work and complaint and denunciation resolution, and report to the Standing Committee of the National Assembly within fifteen days from the date of receipt of the conclusions or requests.
Article 29: In the election of representatives to People's Councils at all levels, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Determine and announce the election day for representatives to People's Councils at all levels;
2. Upon the proposal of the Provincial People's Council Standing Committee, decide on the specific number of representatives to the People's Councils of districts, towns, cities under provinces to be elected for districts, towns, cities under provinces with thirty administrative units or more;
3. Supervise the election of representatives to People's Councils, ensuring that the election proceeds democratically and in accordance with the law;
4. Decide to annul the election of representatives to People's Councils in constituencies where there are serious violations of the law, according to the proposal of the Government, and decide on the re-election day for those constituencies;
5. Decide on supplementary elections and announce the supplementary election day for representatives to the People's Councils of provinces and centrally-administered municipalities.
The Standing Committee of the National Assembly shall direct the Deputies' Work Committee and relevant agencies and organizations to assist the Standing Committee of the National Assembly in implementing the tasks and powers stipulated in this Article.
Article 30: With respect to the activities of the People's Council, the Standing Committee of the National Assembly has the following tasks and powers:
1. Guide the organization of sessions of the People's Council, the activities of the Standing Body of the People's Council, the Committees of the People's Council, and the members of the People's Council in accordance with the provisions of the law;
2. Supervise the issuance of resolutions by the People's Council; decide to revoke or, upon the proposal of the Prime Minister, the National Ethnic Council, the Committees of the National Assembly, or the National Assembly deputies, decide to revoke part or all of the erroneous resolutions of the People's Councils of provinces and centrally-administered cities;
3. Examine the organizational structure and activities of the People's Councils of provinces and centrally-administered cities when necessary; decide to dissolve the People's Councils of provinces and centrally-administered cities if they cause serious damage to the interests of the people; approve the resolutions of the People's Councils of provinces and centrally-administered cities regarding the dissolution of the People's Councils of districts, towns, urban districts, and provincial cities if they cause serious damage to the interests of the people;
4. Approve the results of the election of the Chairperson, Vice-Chairpersons, and Standing Members of the People's Councils of provinces and centrally-administered cities; stipulate the remuneration system for the Chairperson, Vice-Chairpersons, Standing Members, Heads, and Deputy Heads of the People's Councils of provinces and centrally-administered cities; stipulate the activity expenses for representatives of the People's Councils at various levels; stipulate the procedure for voters to recall representatives of the People's Councils;
5. Coordinate with the Government to organize meetings on the activities of the People's Councils; send necessary documents to the Standing Body of the People's Councils of provinces and centrally-administered cities; create conditions for the People's Councils to perform their tasks and exercise their powers in accordance with the provisions of the law.
The Standing Committee of the National Assembly shall direct the Deputies' Work Committee and relevant agencies and organizations to assist the Standing Committee of the National Assembly in implementing the tasks and powers stipulated in this Article.
Article 31: In directing, coordinating, and coordinating the activities of the National Ethnic Council and the Committees of the National Assembly, the Standing Committee of the National Assembly has the following tasks and powers:
1. Assign the National Ethnic Council and the Committees of the National Assembly to review draft laws, draft ordinances, draft resolutions, and other reports and projects according to the schedule determined by the Standing Committee of the National Assembly; assign the National Ethnic Council and the Committees of the National Assembly to implement the contents within the supervision program of the National Assembly and other contents as required by the National Assembly; entrust the National Ethnic Council and the Committees of the National Assembly to supervise certain issues within the supervision program of the Standing Committee of the National Assembly;
2. Require the National Ethnic Council and the Committees of the National Assembly to coordinate in implementing some supervisory activities at the same agency, locality, or unit to ensure the quality and effectiveness of supervisory activities;
3. Consider and respond to the proposals of the National Ethnic Council and the Committees of the National Assembly. In cases where necessary, the Standing Committee of the National Assembly issues a resolution on matters proposed by the National Ethnic Council and the Committees of the National Assembly;
4. Require the National Ethnic Council and the Committees of the National Assembly to regularly report on their programs and plans of activities and the implementation of these programs and plans;
Annually, the Chairman of the National Assembly works with the Standing Body of the National Ethnic Council and the Standing Bodies of the Committees of the National Assembly to provide guidance on the implementation of resolutions of the National Assembly and the Standing Committee of the National Assembly. When necessary, the Chairman of the National Assembly works with the Chairperson of the National Ethnic Council and the Chairpersons of the Committees of the National Assembly on issues within the tasks and powers of the National Ethnic Council and the Committees of the National Assembly.
Article 32: For National Assembly deputies and Delegations of National Assembly deputies, the Standing Committee of the National Assembly shall have the following tasks and powers:
1. Guide the activities of National Assembly deputies and Delegations of National Assembly deputies; examine reports on the situation of activities of Delegations of National Assembly deputies and National Assembly deputies; when necessary, dispatch inspection teams or working groups to localities to examine issues raised by National Assembly deputies or Delegations of National Assembly deputies;
2. Examine requests from National Assembly deputies for the National Assembly to vote on confidence in persons holding positions elected or approved by the National Assembly; examine and respond to other requests from National Assembly deputies or Delegations of National Assembly deputies;
3. Approve the results of the election of the Head and Deputy Heads of Delegations of National Assembly deputies; decide on the transfer of National Assembly deputies' activities to other Delegations of National Assembly deputies; specify the organization and operation of the Office of Delegations of National Assembly deputies and decide on the allocation of operating funds for Delegations of National Assembly deputies;
4. Based on the general salary system of the State, stipulate the salary and other benefits of full-time National Assembly deputies, and allowances for National Assembly deputies who do not receive salaries from the State budget;
5. Examine requests from the Procurator General of the Supreme People's Procuracy regarding the arrest, prosecution, search of residences and workplaces of National Assembly deputies during periods when the National Assembly is not in session; decide to temporarily suspend the performance of duties and powers of National Assembly deputies in cases where they are being pursued for criminal responsibility; report to the National Assembly on the loss of National Assembly deputy status by National Assembly deputies;
6. Examine requests from agencies or organizations where National Assembly deputies work regarding the removal of their positions or dismissal of National Assembly deputies;
7. Decide on the proposal to the National Assembly to remove or for voters to remove National Assembly deputies according to the proposal of the Central Steering Committee of the Vietnam Fatherland Front, Provincial or Municipal Vietnam Fatherland Front Committees, or meetings of voter representatives; between two sessions of the National Assembly, the Standing Committee of the National Assembly decides on accepting resignations from National Assembly deputies and reports to the National Assembly at the next session;
The procedures for proposing the removal of National Assembly deputies by the National Assembly and the procedures for deciding on accepting resignations from National Assembly deputies are regulated in Chapter IV of the Rules of Procedure for National Assembly Deputies and Delegations of National Assembly deputies; in cases where voters remove National Assembly deputies, the procedures for removal are stipulated by the Standing Committee of the National Assembly;
The Standing Committee of the National Assembly directs the National Assembly Office, the Committee for Deputies' Work, and relevant agencies and organizations to assist the Standing Committee of the National Assembly in performing the tasks and powers prescribed in this Article.
Article 33:
1. The Standing Committee of the National Assembly organizes a meeting of full-time National Assembly deputies to discuss and provide opinions on draft laws, draft ordinances, or other issues. Non-full-time National Assembly deputies may be invited to attend this meeting.
2. In organizing meetings of full-time National Assembly deputies, the Standing Committee of the National Assembly shall have the following tasks and powers:
a) Summon and chair the meeting. The Chairman of the National Assembly chairs the sessions of the meeting; depending on the nature, content of the draft, and the issues to be discussed and provided opinions on, the Chairman of the National Assembly may delegate the Vice-Chairman of the National Assembly or a member of the Standing Committee of the National Assembly to chair the session;
b) Assign members of the Standing Committee of the National Assembly, the agency submitting the draft, and the agency primarily responsible for reviewing the draft to prepare and report at the meeting on the contents to be discussed and provided opinions on;
c) Entrust the National Ethnic Councils, Committees of the National Assembly, the agency submitting the draft, the National Assembly Office, the Legislative Work Committee, and relevant agencies to compile and study the opinions provided at the meeting to refine the draft and report to the Standing Committee of the National Assembly.
Article 34: In foreign affairs activities, the Standing Committee of the National Assembly has the following tasks and powers:
1. During the period when the National Assembly is not in session, it examines the Government's report on foreign work; based on the Government's report and the recommendations of the Foreign Affairs Committee of the National Assembly, it gives opinions on issues related to the State's foreign policy, relations with the National Assemblies of other countries, with the World Assembly of Parliaments, and with international organizations before submitting them to the National Assembly; it directs the Foreign Affairs Committee of the National Assembly in assisting the National Assembly in carrying out its foreign relations;
2. Decides on joining or withdrawing from world and regional inter-parliamentary organizations; decides on organizing world and regional inter-parliamentary conferences held in Vietnam;
3. Approves the annual foreign affairs and international cooperation program of the Standing Committee of the National Assembly; directs the foreign affairs and international cooperation activities of the National Ethnic Councils, Committees of the National Assembly; approves the annual foreign affairs program of the Supreme People's Court, the Supreme People's Procuracy upon the proposal of the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the opinion of the Foreign Affairs Committee of the National Assembly;
4. Reviews and evaluates the results of the annual foreign affairs program; reviews reports on the outcomes of visits and working trips of the National Assembly delegation abroad and foreign National Assembly delegations, international organizations visiting and working with the National Assembly of our country.
Article 35: In case the National Assembly cannot convene, at the request of the National Defense and Security Council, the Standing Committee of the National Assembly adopts a resolution declaring a state of war when the country is invaded and reports to the National Assembly for consideration and decision at the next session. This resolution must be immediately sent to the State President for promulgation.
Article 36:
1. The Standing Committee of the National Assembly adopts a resolution on general mobilization or partial mobilization at the request of the National Defense and Security Council or the Prime Minister, and the recommendation of the National Assembly's National Defense and Security Committee. This resolution must be immediately sent to the State President to issue orders for general mobilization or partial mobilization.
2. The Standing Committee of the National Assembly adopts a resolution on declaring a state of emergency nationwide or in specific localities at the request of the Prime Minister. This resolution must be immediately sent to the State President for promulgation.
Article 37: The Standing Committee of the National Assembly organizes referendums according to the decision of the National Assembly; specifies the issuance of referendum ballots, voting procedures, and ballot counting; organizes voting, tallying, announcing the referendum results, and reporting to the National Assembly at the next session.
Chapter III
ORGANIZATION AND CONDUCT OF SESSIONS
NATIONAL ASSEMBLY STANDING COMMITTEE
Article 38: A session of the Standing Committee of the National Assembly is the main form of activity of the Standing Committee of the National Assembly. At the session, the Standing Committee of the National Assembly discusses and decides on issues within its tasks and powers as prescribed by law.
Article 39: The Standing Committee of the National Assembly meets regularly once a month.
When necessary, the Standing Committee of the National Assembly may convene at the decision of the National Assembly Chairperson, the request of the State President, the Prime Minister, or at least one-third of the total number of members of the Standing Committee of the National Assembly.
Article 40:
1. The Chairman of the National Assembly directs the preparation for the session of the Standing Committee of the National Assembly; proposes the agenda, decides on the meeting time, and ensures the necessary measures. The Vice Chairmen of the National Assembly and Members of the Standing Committee assist the Chairman in preparing the contents assigned by the Standing Committee.
2. Based on the work program of the Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, and the situation and progress in preparing draft projects and reports expected to be submitted to the Standing Committee of the National Assembly, the Office of the National Assembly prepares the proposed agenda for the Standing Committee session at least thirty days before the start of the session. The proposed agenda must be sent to the members of the Standing Committee of the National Assembly, the Standing Body of the National Ethnic Council, and the Standing Body of the Committees of the National Assembly for their opinions before being submitted to the Chairman of the National Assembly for consideration and decision.
3. The Office of the National Assembly sends the proposed agenda for the session approved by the Chairman of the National Assembly to the agencies and organizations with draft projects and reports to be submitted to the Standing Committee of the National Assembly at least twenty days before the start of the session; sends the proposed agenda together with the decision to convene the session to the members of the Standing Committee of the National Assembly at least seven days before the start of the session.
4. The Government, the Supreme People's Court, the Supreme People's Procuracy, the National Ethnic Council, the Committees of the National Assembly, and relevant agencies and organizations are responsible for preparing draft projects and reports within the scope of the session agenda according to the assignment of the Standing Committee of the National Assembly or their duties and powers prescribed by law.
Article 41: A session of the Standing Committee of the National Assembly shall be held when at least two-thirds of the total number of members of the Standing Committee of the National Assembly are present.
The Chairman of the National Assembly presides over the session of the Standing Committee of the National Assembly; if the Chairman is absent, a Vice Chairman of the National Assembly appointed by the Chairman shall preside over the session.
Members of the Standing Committee of the National Assembly are responsible for fully participating in sessions; if they cannot participate due to special reasons, they must report to the Chairman of the National Assembly for consideration and decision.
The State President, the Prime Minister, the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and representatives of the Standing Body of the National Ethnic Council and the Standing Body of the Committees of the National Assembly are invited to attend sessions of the Standing Committee of the National Assembly.
Deputy Chairpersons of the National Ethnic Council, Deputy Heads of the Committees of the National Assembly, and specialized members of the National Ethnic Council and the Committees of the National Assembly are invited to attend sessions of the Standing Committee of the National Assembly to discuss matters within the jurisdiction of the Councils and Committees.
Representatives of relevant agencies and organizations are invited to attend sessions of the Standing Committee of the National Assembly when discussing matters related to them.
Article 42: The Standing Committee of the National Assembly only considers issues listed in the session agenda when all necessary documents are available.
Session documents must be sent to the members of the Standing Committee of the National Assembly at least seven days before the meeting. In cases where the session is convened based on the decision of the Chairman of the National Assembly, the proposal of the State President, the Prime Minister, or at least one-third of the total number of members of the Standing Committee of the National Assembly, the documents must be sent at least three days before the meeting.
Article 43:
1. Members of the Standing Committee of the National Assembly and delegates attending the session shall express their opinions on the contents of the session under the chairperson's direction.
2. Representatives of agencies, organizations, and individuals presenting projects or reports at the session shall present prepared documents; when necessary, the chairperson may request additional reporting or explanation.
3. Invited delegates attending the Standing Committee of the National Assembly session may express their opinions on the session's contents but shall not vote.
Article 44:
1. Depending on the nature and content of the ordinance project or draft resolution, the Standing Committee of the National Assembly may examine and approve the ordinance project or draft resolution at one or two sessions of the Standing Committee of the National Assembly.
2. The Standing Committee of the National Assembly examines and approves the ordinance project or draft resolution at one session according to the following procedure:
a) A representative of the agency, organization, or National Assembly delegate presents the project presentation;
b) A representative of the National Ethnic Council or the National Assembly Committee presents the review report;
c) A representative of the invited agency, organization, or individual participating in the session expresses opinions;
d) The Standing Committee of the National Assembly discusses, the chairperson concludes, and the Standing Committee of the National Assembly votes to approve the ordinance draft or resolution draft;
đ) In case there are differing opinions on the ordinance draft or resolution draft, the Standing Committee of the National Assembly provides comments on issues that need to be revised and directs the main reviewing agency, the agency presenting the project, the Legal Committee, the Ministry of Justice, the Legislative Work Task Force, and relevant agencies to revise the ordinance draft or resolution draft.
The National Ethnic Council or the National Assembly Committee assigned to lead the review of the ordinance project or draft resolution reports to the Standing Committee of the National Assembly on the revision of the ordinance draft or resolution draft.
e) The Standing Committee of the National Assembly listens to the reading of the revised draft; discusses, and votes to approve certain remaining contentious issues and votes to approve the ordinance draft or resolution draft.
3. The Standing Committee of the National Assembly examines and approves the ordinance project or draft resolution at two sessions according to the following procedure:
a) At the first session, the presentation and discussion follow the procedures specified in points a, b, and c of Clause 2 of this Article; the Standing Committee of the National Assembly discusses and votes on some issues of the ordinance project or draft resolution to serve as a basis for revision;
b) During the time between the two sessions, the Standing Committee of the National Assembly directs the main reviewing agency, the agency presenting the project, the Legal Committee, the Ministry of Justice, the Legislative Work Task Force, and relevant agencies to revise the ordinance draft or resolution draft;
c) At the second session, the National Ethnic Council or the National Assembly Committee assigned to lead the review of the ordinance project or draft resolution reports to the Standing Committee of the National Assembly on the revision of the ordinance draft or resolution draft.
The Standing Committee of the National Assembly listens to the reading of the revised draft, discusses, and votes to approve certain remaining contentious issues and votes to approve the ordinance draft or resolution draft.
4. In cases where the ordinance draft or resolution draft has not been approved or partially approved, the examination and approval at the subsequent session shall be decided by the Standing Committee of the National Assembly based on the proposal of the main reviewing agency.
5. The Standing Committee of the National Assembly directs the Legislative Work Task Force to coordinate with relevant agencies to complete the ordinance or resolution text of the Standing Committee of the National Assembly before the Chairman of the National Assembly signs it.
Article 45:
1. The Standing Committee of the National Assembly shall provide opinions on draft laws and draft resolutions of the National Assembly before submitting them to the National Assembly according to the following procedures:
a) Representatives of agencies, organizations, and National Assembly deputies present the draft law or draft resolution, explaining the project and issues within the content of the draft law or draft resolution requiring opinions.
b) Representatives of the National Ethnic Council or the National Assembly's Committees present reports on examination or express their opinions on the draft.
c) Representatives of agencies, organizations, and individuals invited to attend the session express their opinions on issues related to the content of the draft.
d) The Standing Committee of the National Assembly discusses.
đ) The Chairperson of the session summarizes the main issues for the Standing Committee of the National Assembly to adopt conclusions on the draft law or draft resolution.
2. For draft laws submitted to the National Assembly for consideration and approval at two sessions, the Standing Committee of the National Assembly shall take the lead in incorporating comments and revising the draft law according to the following procedures:
a) Representatives of the National Ethnic Council, the National Assembly's Committees assigned to lead the examination present, on behalf of relevant agencies, proposals for explanations, incorporation, and revision of the draft based on the opinions of National Assembly deputies, public opinion, sectors, and levels (if applicable).
b) Representatives of agencies, organizations, and individuals invited to attend the session may express their opinions on issues related to the content of the draft.
c) The Standing Committee of the National Assembly discusses.
d) The Chairperson of the session summarizes the main issues for the Standing Committee of the National Assembly to adopt conclusions on the draft law.
The Standing Committee of the National Assembly adopts the report on explanations, incorporation, and revision of the draft law to be submitted to the National Assembly for consideration and approval.
Article 46: The Standing Committee of the National Assembly examines and approves draft resolutions interpreting the Constitution, laws, ordinances, and international treaties according to the following procedures:
1. Representatives of the agency assigned to prepare the draft resolution present the draft resolution.
2. Representatives of the National Ethnic Council, the National Assembly's Committees present examination reports.
3. Representatives of agencies, organizations, National Assembly deputies who propose interpretations of the Constitution, laws, ordinances, and international treaties, and representatives of relevant agencies, organizations invited to attend the Standing Committee of the National Assembly session present their opinions.
4. The Standing Committee of the National Assembly discusses. The Chairperson of the session concludes and the Standing Committee of the National Assembly votes to approve the draft resolution interpreting the Constitution, laws, ordinances, and international treaties.
The resolution interpreting the Constitution, laws, ordinances, and international treaties shall be published in mass media within fifteen days from the date of approval.
The resolution interpreting international treaties shall be sent to the Ministry of Foreign Affairs to proceed with diplomatic procedures within fifteen days from the date of approval.
Article 47: The Standing Committee of the National Assembly examines reports and other projects of the Government, the Supreme People's Court, the Supreme People's Procuracy, National Assembly deputies, and relevant agencies and organizations according to the following procedures:
1. Representatives of agencies, organizations, and National Assembly deputies present the report or project.
2. Representatives of the National Ethnic Council, the National Assembly's Committees present examination reports or express their opinions on the report or project.
3. Representatives of agencies, organizations, and individuals invited to attend the session express their opinions on issues related to the content of the report or project.
4. The Standing Committee of the National Assembly discusses.
5. The Chairperson of the session summarizes the main issues for the Standing Committee of the National Assembly to adopt conclusions on the report or project.
6. The Standing Committee of the National Assembly adopts conclusions on the report or project.
Article 48: The Standing Committee of the National Assembly shall examine normative legal documents of the Government, the Prime Minister, the Supreme People's Court, and the Supreme People's Procuracy that appear to be contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, following the procedures below:
1. The Chairman of the National Assembly's Ethnic Council or the Head of the National Assembly's Committee tasked with preparing opinions on normative legal documents shall present their views.
2. The Standing Committee of the National Assembly shall discuss.
3. The head of the agency that issued the document shall present their views.
4. The Standing Committee of the National Assembly shall issue a resolution stating that the normative legal document is not contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; decide to revoke part or all of the normative legal document that contravenes ordinances and resolutions of the Standing Committee of the National Assembly; suspend the implementation of part or all of the normative legal document that contravenes the Constitution, laws, and resolutions of the National Assembly, and submit it for the National Assembly's consideration and decision at the nearest session.
Article 49: The Standing Committee of the National Assembly shall examine resolutions of provincial People's Councils and municipal People's Councils directly under the central government that appear to be contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, following the procedures below:
1. The Chairman of the National Assembly's Ethnic Council or the Head of the National Assembly's Committee tasked with preparing opinions on normative legal documents shall present their views.
2. The Standing Committee of the National Assembly shall discuss.
3. The Chairman of the People's Council that issued the resolution shall be invited to attend the meeting and present their views.
4. The Standing Committee of the National Assembly shall issue a resolution stating that the resolution of the provincial People's Council or municipal People's Council directly under the central government is not contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; decide to revoke part or all of the resolution of the provincial People's Council or municipal People's Council directly under the central government that contravenes the Constitution, laws, resolutions of the National Assembly, and ordinances, and resolutions of the Standing Committee of the National Assembly.
Article 50: The Standing Committee of the National Assembly shall examine ordinances and resolutions of its own that have been adopted upon request by National Assembly deputies when they discover signs of being contrary to the Constitution, laws, and resolutions of the National Assembly, following the procedures below:
1. A National Assembly deputy shall present their views on the ordinance or resolution of the Standing Committee of the National Assembly that appears to violate the Constitution, laws, and resolutions of the National Assembly.
2. Representatives of the National Assembly's Ethnic Council or the National Assembly's Committee responsible for examining the draft or assigned to study the request of the National Assembly deputy shall present their views.
3. Representatives of agencies, organizations, and individuals invited to attend the meeting shall express their opinions.
4. The Standing Committee of the National Assembly discusses.
5. The Chairperson of the meeting shall summarize the main issues for the Standing Committee of the National Assembly to adopt conclusions regarding the content requested by the National Assembly deputy.
6. The Standing Committee of the National Assembly shall adopt conclusions, clearly stating whether to accept or reject the request of the National Assembly deputy.
The conclusion of the Standing Committee of the National Assembly must be sent to the National Assembly deputy who made the request within ten days from the end of the meeting. In case the National Assembly deputy disagrees with the conclusion of the Standing Committee of the National Assembly, they have the right to request the Standing Committee of the National Assembly to submit it for the National Assembly's consideration and decision at the nearest session.
Article 51: The Standing Committee of the National Assembly shall examine the responses to interpellations by National Assembly deputies during the period between two sessions of the National Assembly in accordance with the following procedures:
1. The Chairman of the National Assembly shall raise the interpellations of National Assembly deputies that have been decided by the National Assembly to be answered at the Standing Committee's session and other interpellations sent to the Standing Committee during the period between two sessions of the National Assembly;
2. The person being interpellated shall directly answer all contents of the issues raised by the National Assembly deputies and clearly define responsibility and measures for rectification;
3. National Assembly deputies who have interpellated may be invited to attend the Standing Committee's session and express their opinions. In cases where a National Assembly deputy who has interpellated does not attend the session, the content of the response to the interpellation and the results of the session answering the interpellation must be sent to that deputy no later than seven days from the end date of the Standing Committee's session; if the National Assembly deputy who has interpellated disagrees with the content of the response, they have the right to request the Standing Committee to bring it up for discussion at the National Assembly session.
The Standing Committee of the National Assembly shall issue a resolution on the response to interpellations and the responsibility of the person being interpellated when deemed necessary.
Article 52: The Standing Committee of the National Assembly shall examine the proposal to submit the National Assembly for a vote of confidence in persons holding positions elected or approved by the National Assembly in accordance with the following procedures:
1. The Standing Committee of the National Assembly shall hear reports summarizing the recommendations of National Assembly deputies, the recommendations of the National Ethnic Council, the Committees of the National Assembly, or reports and recommendations of members of the Standing Committee of the National Assembly regarding the vote of confidence in persons holding positions elected or approved by the National Assembly;
2. The person proposed for the vote of confidence shall be invited to attend the session and have the right to present their views;
3. The President of the State, the Prime Minister, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, representatives of the National Ethnic Council, and Committees of the National Assembly shall be invited to attend this session. When necessary, the chairperson of the session may invite representatives of agencies, organizations, or individuals to attend the session and express their opinions on related issues;
4. When there are sufficient recommendations from National Assembly deputies or recommendations from the National Ethnic Council, or Committees of the National Assembly as stipulated in Clause 2 of Article 27 of this Regulation, the Standing Committee of the National Assembly shall decide to submit the National Assembly for a vote of confidence in persons holding positions elected or approved by the National Assembly.
In cases where the Standing Committee of the National Assembly itself examines the proposal to submit the National Assembly for a vote of confidence in persons holding positions elected or approved by the National Assembly as stipulated in Clause 3 of Article 27 of this Regulation, the Standing Committee of the National Assembly must discuss and vote on the proposal to submit the National Assembly; the decision to submit the National Assembly for a vote of confidence must be approved by more than half of the total number of Standing Committee members.
Article 53:
1. Ordinances and resolutions of the Standing Committee of the National Assembly shall be adopted when more than half of the total number of Standing Committee members vote in favor.
The Chairman of the National Assembly shall sign ordinances and resolutions of the Standing Committee of the National Assembly.
2. Within ten days from the date of adoption, the ordinance must be sent to the President of the State for promulgation.
In cases where the ordinance has been adopted by the Standing Committee of the National Assembly but the President of the State requests a review, if the Standing Committee of the National Assembly agrees with the President's request, the reviewed ordinance must be sent to the President of the State for promulgation within the prescribed time limit; if the Standing Committee of the National Assembly still votes in favor of the ordinance, they must respond in writing for the President of the State to decide on promulgation within the prescribed time limit or submit it to the National Assembly for decision at the nearest session.
3. Ordinances and resolutions of the Standing Committee of the National Assembly within the authority of the President of the State to promulgate shall take effect from the date of promulgation by the President of the State, except where the text specifies a different effective date.
Resolutions of the Standing Committee of the National Assembly, except those within the authority of the President of the State to promulgate, shall take effect from the date of adoption unless otherwise specified in the text. These resolutions shall be sent to relevant agencies and organizations no later than ten days from the end of the session.
Article 54:
1. Press releases about the session of the Standing Committee of the National Assembly shall be published on mass media.
2. The conclusions of the Standing Committee of the National Assembly on draft laws, draft ordinances, draft resolutions, reports, and other projects submitted to the Standing Committee at the session shall be sent to relevant agencies and organizations for further study, revision, or implementation.
3. The results of the session of the Standing Committee of the National Assembly shall be reported to the Delegation of National Assembly deputies, National Assembly deputies, the Standing Committee of the People's Councils of provinces and centrally governed cities, and relevant agencies and organizations.
Article 55: The session of the Standing Committee of the National Assembly shall be recorded in minutes. The minutes of the session must fully record the course of events during the session, statements, conclusions, and voting results of the Standing Committee of the National Assembly. The minutes of the session must be signed and certified by the chairperson of the session.
Session documents must be compiled into files and stored according to the regulations on archiving.
Chapter IV
RELATIONSHIP OF WORK OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Article 56: The President of the State has the right to attend sessions of the Standing Committee of the National Assembly and express opinions on issues within the agenda of the session.
Every six months, the Chairman of the National Assembly works with the President of the State to coordinate work in the performance of their duties and powers.
Article 57: The Prime Minister may be invited to attend sessions of the Standing Committee of the National Assembly and express opinions on issues within the agenda of the session. Ministers and other members of the Government may be invited to attend sessions of the Standing Committee of the National Assembly and express opinions on issues related to the areas they are responsible for.
The Standing Committee of the National Assembly shall inform the Prime Minister about its program of activities, resolutions, decisions, and conclusions of the National Assembly and the Standing Committee of the National Assembly that fall under the responsibility of the Government and the Prime Minister.
Monthly, quarterly, and annually, the Government shall report to the Standing Committee of the National Assembly on its program of work and the implementation thereof.
Every six months, the Chairman of the National Assembly shall work with the Prime Minister on the implementation of the National Assembly's resolutions, the Standing Committee of the National Assembly's resolutions, and related issues.
Article 58: The Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy may be invited to attend sessions of the Standing Committee of the National Assembly and express opinions on related issues.
The Standing Committee of the National Assembly shall inform the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy about its program of activities, resolutions, decisions, and conclusions of the National Assembly and the Standing Committee of the National Assembly that fall under the responsibility of the Supreme People's Court and the Supreme People's Procuracy.
Every six months and annually, the Supreme People's Court and the Supreme People's Procuracy shall report to the Standing Committee of the National Assembly on their programs of work and the implementation thereof.
Every six months, the Chairman of the National Assembly shall work with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy on the implementation of the National Assembly's resolutions, the Standing Committee of the National Assembly's resolutions, and related issues.
Article 59: The Chairman of the Central Steering Committee of the Vietnam Fatherland Front and the heads of the member organizations of the Front shall be invited to attend the sessions of the Standing Committee of the National Assembly on issues related to them and have the right to express their opinions.
The Standing Committee of the National Assembly shall coordinate with the Central Steering Committee of the Vietnam Fatherland Front to receive and compile the opinions of voters conveyed by National Assembly deputies, National Assembly delegations, People's Committees at all levels of the Vietnam Fatherland Front, and member organizations of the Front for reporting to the National Assembly.
When necessary, the Standing Committee of the National Assembly may request the Central Steering Committee of the Vietnam Fatherland Front and its member organizations to cooperate in organizing public opinion surveys from the people, sectors, and levels regarding draft Constitutions, laws, and ordinances.
Every six months, the Chairman of the National Assembly shall meet with the Chairman of the Central Steering Committee of the Vietnam Fatherland Front to coordinate work in the performance of their duties and powers.
Chapter V
THE SUPPORTING ORGANIZATION AND OPERATING FUND OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Article 60:
1. The supporting organization of the Standing Committee of the National Assembly consists of the National Assembly Office, the Delegation Work Committee, the Legislative Work Committee, and the Petitions Committee.
2. The specific organization and tasks of the National Assembly Office, the Delegation Work Committee, the Legislative Work Committee, and the Petitions Committee shall be stipulated by the Standing Committee of the National Assembly.
Article 61: The operating fund of the Standing Committee of the National Assembly is part of the operating fund of the National Assembly.
The National Assembly Office assists the Chairman of the National Assembly in directing and organizing the implementation of the operating fund of the Standing Committee of the National Assembly.
This Regulation was adopted by the Fifth Session of the Eleventh National Assembly of the Socialist Republic of Vietnam on June 15, 2004.
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