Law Amending and Supplementing Certain Articles of the Law on the Organization of the National Assembly No. 62/2025/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON THE FRONT UNION OF VIET NAM, THE LAW ON TRADE UNIONS, THE LAW ON YOUTH, AND THE LAW ON PROMOTING DEMOCRACY AT THE LOCAL LEVEL ORGANIZATION OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates this Law to amend and supplement certain Articles of the Law on the Organization of the National Assembly No. 57/2014/QH13 which has been amended and supplemented by certain Articles pursuant to Law No. 65/2020/QH14.

Article 1. Amending and supplementing certain provisions of the Law on the Organization of the National Assembly

1. Amend and supplement Article 5 as follows:

"Article 5. Enacting and amending laws

1. The National Assembly enacts laws to regulate the following contents:

a) The organization and operation of the National Assembly, the State President, the Government, the People's Courts, the People's Procuracy, the National Election Council, the State Audit Office, local authorities, special administrative-economic units, and other agencies established by the National Assembly;

b) Human rights, basic rights and obligations of citizens that must be regulated by law according to the Constitution; restrictions on human rights and citizen rights, crimes and punishments; judicial proceedings;

c) Fundamental policies on economy, society, culture, education, science, technology, environment, national finance, currency, state budget; regulations on taxes, orders, medals, and state honors;

d) Fundamental policies on national defense and security; ranks and grades in the people's armed forces; regulations on emergency situations and other special measures to ensure national defense and security;

đ) Fundamental policies on foreign relations; diplomatic ranks and grades; other state ranks and grades;

e) State policies on ethnic groups and religions;

g) Referendum;

h) Mechanism for protecting the Constitution;

i) Other issues within the jurisdiction of the National Assembly as prescribed by the Constitution and laws.

2. Laws only regulate matters with stability and long-term value; provide specific regulations concerning human rights, citizen rights and obligations, judicial proceedings, issues significantly impacting social life, and the relationship between the state and citizens and society. For management contents in each field, new issues, development-oriented issues, and issues without practical testing, laws only stipulate policy principles and orientations within the jurisdiction of the National Assembly to institutionalize Party guidelines and policies; delegate authority to the Government and state agencies to further specify the provisions of the law and implement appropriate decentralization based on the organizational implementation capacity of each agency, organization, and local authorities at all levels, and promptly meet the requirements of economic and social development in each period; generally not regulating administrative procedures, technical standards and processes, and highly volatile contents.

3. The National Assembly promulgates resolutions to regulate the following contents:

a) Implementing pilot programs for some new policies within the National Assembly's decision-making authority that differ from current laws;

b) Suspending, adjusting the effectiveness, or extending the application period of all or part of laws and resolutions of the National Assembly to meet urgent requirements for economic and social development and ensuring human rights and citizen rights;

c) Other issues decided by the National Assembly.

4. The legislative program for each term is determined and implemented according to the Legislative Orientation Program of the National Assembly and the Annual Legislative Program of the National Assembly.

5. The procedures for drafting, examining, and promulgating laws and resolutions of the National Assembly shall be carried out in accordance with the provisions of the Law on Legislation of Legal Norms.

2. Amend and supplement Clause 6 of Article 8 as follows:

"6. The National Assembly elects the Chairman of the National Election Council, the General Auditor, and the Secretary-General of the National Assembly - Director of the National Assembly Office upon the proposal of the Standing Committee of the National Assembly."

3. Amend and supplement Article 12 as follows:

"Article 12. Confidence Voting and Trust Voting

The National Assembly shall conduct confidence voting and trust voting for individuals holding positions elected or approved by the National Assembly.

The implementation of confidence voting and trust voting shall be carried out in accordance with the regulations of the National Assembly."

4. Amend and supplement Clause 1 of Article 30 as follows:

"1. Members of the National Assembly have the right to participate as members of the National Ethnic Council or Committees of the National Assembly.

Based on their professional capacity, work requirements, and ability to fully participate in the activities of the National Assembly's bodies, members of the National Assembly may register to participate as members of the National Ethnic Council or a Committee of the National Assembly. The Standing Committee of the National Assembly will consider and approve the list of members of the National Ethnic Council and Committees in accordance with the established structure and number of members for each body."

5. Amend and supplement Article 39 as follows:

"Article 39. Suspension or Loss of Member Status of the National Assembly

1. The Standing Committee of the National Assembly shall examine and decide to temporarily suspend the performance of duties and rights of a member of the National Assembly in the following cases:

a) A member of the National Assembly is indicted as a suspect;

b) During the process of examining and handling violations by a member of the National Assembly, there is sufficient basis to determine that disciplinary action from warning upwards must be taken against a member who is an official, civil servant, or public officer, or criminal proceedings must be initiated under criminal law, and the supervisory, auditing, investigative, prosecution, judicial, or enforcement agencies have issued a request to temporarily suspend the performance of duties and rights of the member of the National Assembly.

2. A member of the National Assembly may resume their duties and rights as a member and restore legitimate benefits when the competent authority makes a decision or conclusion stating that there was no violation, no disciplinary action, or the investigation has been discontinued, the case dismissed, or the court's judgment becomes legally effective declaring the member innocent or exempted from criminal responsibility. If a member of the National Assembly is subject to disciplinary action, they may resign from their position or the Standing Committee of the National Assembly may consider and decide whether to allow them to resume their duties and rights as a member or propose to the National Assembly to remove the member.

3. A member of the National Assembly who is convicted by a court judgment loses their status as a member of the National Assembly from the date the court's judgment becomes legally effective."

6. Amend and supplement Article 48 as follows:

"Article 48. Drafting Laws, Ordinances, and Resolutions

1. The Standing Committee of the National Assembly shall lead the drafting of the Legislative Orientation for the term of the National Assembly and issue a plan to implement the Legislative Orientation after it has been approved by the competent authority; decide and adjust the Annual Legislative Program of the National Assembly; provide comments on draft laws and draft resolutions, and on the incorporation, explanation, and revision of draft laws and draft resolutions before submitting them to the National Assembly for consideration and approval; and organize the presentation of laws and resolutions to the National Assembly for examination and passage.

2. The Standing Committee of the National Assembly shall issue ordinances on matters assigned by the National Assembly; and promulgate resolutions to implement tasks and powers as prescribed by the Constitution, laws, and resolutions of the National Assembly.

The procedures and processes for drafting, examining, and issuing ordinances and resolutions by the Standing Committee of the National Assembly shall be carried out in accordance with the Law on Issuing Legal Normative Documents."

7. Amend and supplement Clause 1 and Clause 2 of Article 53 as follows:

"1. Propose to the National Assembly to elect, dismiss, or remove the President of the State, the Chairman of the National Assembly, Vice Chairmen of the National Assembly, Members of the Standing Committee of the National Assembly, Chairmen of the National Ethnic Council, Chairmen of Committees of the National Assembly, Chairmen of the National Election Council, the Chief State Auditor, the Secretary-General of the National Assembly - Head of the National Assembly Office.

2. Decide the number, approve the list, and terminate the positions of Vice Chairmen and Members who are full-time representatives of the National Ethnic Council and Members who are part-time representatives of the National Ethnic Council.

Decide the number, approve the list, and terminate the positions of Deputy Chairmen and Members who are full-time representatives of Committees and Members who are part-time representatives of Committees of the National Assembly.”

8. Amend and supplement Clause 4 of Article 54 as follows:

"4. Examine the proposal of the Procurator General of the Supreme People's Procuracy regarding the arrest, detention, indictment, search of residence, and workplace of a member of the National Assembly during the period when the National Assembly is not in session; decide to temporarily suspend the performance of duties and rights of a member of the National Assembly in the cases specified in Clause 1 of Article 39 of this Law; report to the National Assembly on the loss of member status of a member of the National Assembly."

9. Amend and supplement Clause 4 of Article 60 as follows:

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

Full-time representatives of the National Ethnic Council and Committees of the National Assembly may be invited to attend meetings of the Standing Committee of the National Assembly to discuss issues within the scope of their respective Councils and Committees."

10. Amend and supplement Article 66 as follows:

"Article 66. National Assembly Councils and Committees

1. The National Assembly Councils and Committees are organs of the National Assembly established by the National Assembly based on the proposal of the Standing Committee of the National Assembly to perform the regular functions stipulated in Article 68a of this Law, and are responsible and report their work to the National Assembly; during periods when the National Assembly is not in session, they report their work to the Standing Committee of the National Assembly.

2. The National Assembly establishes a temporary committee of the National Assembly when necessary as provided for in Articles 88 and 89 of this Law.

11. Amend and supplement Article 67 as follows:

"Article 67. Organizational Structure of the National Assembly Councils and Committees

1. The National Assembly Council consists of the Chairperson, Vice-Chairpersons, Members who are full-time National Assembly Deputies working at the Council, and Members who are part-time National Assembly Deputies working at the Council. The National Assembly Committee consists of the Chairperson, Vice-Chairpersons, Members who are full-time National Assembly Deputies working at the Committee, and Members who are part-time National Assembly Deputies working at the Committee.

2. The Chairperson of the National Assembly Council and the Chairperson of the National Assembly Committee shall be elected by the National Assembly. The Vice-Chairpersons and Members of the National Assembly Council, and the Vice-Chairpersons and Members of the National Assembly Committee shall be approved by the Standing Committee of the National Assembly.

3. The Standing Body of the National Assembly Council and the Standing Body of the National Assembly Committee are permanent bodies that assist the National Assembly Council and the National Assembly Committee in handling matters during periods when the Council and Committee are not in session, and carry out other tasks and powers as prescribed and assigned by the Standing Committee of the National Assembly and the leadership of the National Assembly.

4. The National Assembly Council and the National Assembly Committee have specialized units that directly provide advice and assistance to the Council and Committee.

5. The Standing Committee of the National Assembly shall prescribe the organizational structure, operation, and model rules of procedure of the National Assembly Council and National Assembly Committees; organize and define specific tasks and powers of the specialized units of the National Assembly Council and National Assembly Committees; decide on staffing and establish regulations and policies applicable to the civil servants assisting the National Assembly Council and National Assembly Committees in accordance with the special nature of the activities of the National Assembly.

12. Amend and supplement Clause 1 of Article 68 as follows:

"1. The National Assembly Councils and Committees operate under a collective system, deciding by majority while emphasizing the responsibility of the Standing Body of the Council and the Standing Body of the Committee, and the role of leadership of the Chairperson of the Council and the Chairperson of the Committee."

13. Supplement Article 68a after Article 68 as follows:

"Article 68a. Functions, Tasks, and Powers of the National Assembly Councils and Committees

1. The National Assembly Councils and Committees perform the following functions:

a) Review draft laws, ordinances, resolutions of the National Assembly, and the Standing Committee of the National Assembly; review other reports, projects, and proposals within the areas they are responsible for;

b) Supervise the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; supervise the activities of the Government, ministries, agencies equivalent to ministries, and other central state agencies; supervise regulatory documents issued by the Government, Prime Minister, Ministers, Heads of agencies equivalent to ministries, and other competent authorities issuing regulatory documents at the central level within the areas they are responsible for;

c) Propose issues within the scope of their own activities;

d) Submit draft laws and resolutions to the National Assembly, and draft ordinances and resolutions to the Standing Committee of the National Assembly regarding the areas they are responsible for;

đ) Perform other functions as prescribed by the National Assembly and the Standing Committee of the National Assembly.

2. Specific tasks and powers of the National Assembly Councils and Committees shall be prescribed by the Standing Committee of the National Assembly.”

14. Amend and supplement Clause 2 of Article 84 as follows:

"2. The implementation of external activities of the National Assembly Councils and Committees shall be carried out according to the provisions of the Standing Committee of the National Assembly and the competent authority."

15. Amend and supplement Clause 2 of Article 90 as follows:

"2. The National Assembly convenes two regular sessions each year.

Extraordinary sessions of the National Assembly may be convened upon request of the State President, the Standing Committee of the National Assembly, the Prime Minister, or at least one-third of the total number of National Assembly Deputies to promptly consider and decide urgent matters within the jurisdiction of the National Assembly to meet the requirements for economic and social development, national defense, security, and foreign affairs.”

16. Amend and supplement the name of Chapter VI as follows: "Supporting Machinery and Operating Budget of the National Assembly".

17. Amend and supplement Article 99 as follows:

"Article 99. The National Assembly Office

1. The National Assembly Office is an administrative body providing comprehensive advisory services and support for the activities of the National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, the National Assembly Committees, and National Assembly deputies.

2. The Secretary-General of the National Assembly - Director of the National Assembly Office is the head of the National Assembly Office, accountable to the National Assembly and the Standing Committee of the National Assembly for the operations of the National Assembly Office.
The Secretary-General of the National Assembly - Director of the National Assembly Office is the spokesperson for the National Assembly and the Standing Committee of the National Assembly.

3. The Standing Committee of the National Assembly shall define the tasks, powers, organizational structure of the National Assembly Office; decide on staffing, and establish regulations and policies applicable to the cadre, civil servants, officials, and other employees of the National Assembly Office in accordance with the specific nature of the National Assembly's operations.

18. Amend and supplement Article 101 as follows:

"Article 101. Operating funds of the National Assembly

1. The operating funds of the National Assembly are a portion of the state budget decided by the National Assembly, including general operating funds of the National Assembly, operating funds of the Standing Committee of the National Assembly, the National Ethnic Council, the National Assembly Committees, the National Assembly Office, operating funds of the Delegation of National Assembly Deputies, salaries of full-time National Assembly deputies, activity fees, remuneration for participation in National Assembly activities, allowances, and benefits of National Assembly deputies related to their activities, managed by the National Assembly Office.

2. The preparation, management, allocation, and utilization of the operating funds of the National Assembly shall be carried out in accordance with the State Budget Law and the regulations of the Standing Committee of the National Assembly suitable to the specific nature of the National Assembly's operations.

19. Replace the phrase "extraordinary session" in Clause 1, Article 33, the phrase "extraordinary meeting" in Clause 2, Article 91, and Clause 1, Article 92 with the phrase "non-routine session"; replace the phrase "extraordinary meeting" in Clause 3, Article 33 with the phrase "organizing a non-routine session."

20. Delete the phrase "the agencies of the Standing Committee of the National Assembly," in Clause 4, Article 58.

21. Repeal Articles 13, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, Clause 2, Article 80, Clause 3, Article 84, Articles 85, 86, 87, 98, and 100.

Article 2. Effective Date

1. This Law takes effect from the date it is adopted by the National Assembly.

2. The National Assembly Committees and agencies under the Standing Committee of the National Assembly organized according to the Law on the Organization of the National Assembly No. 57/2014/QH13, amended and supplemented by Law No. 65/2020/QH14, shall continue to operate until the National Assembly and the Standing Committee of the National Assembly make a decision regarding the termination of their activities.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the 9th extraordinary session on February 17, 2025..