Law Amending and Supplementing Certain Articles of the Law on the Organization of the National Assembly No. 65/2020/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY

Based on the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law amending and supplementing certain articles of the Law on the Organization of the National Assembly number 57/2014/QH13.

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

1. Add Clause 1a following Clause 1 of Article 22 as follows:

“1a. Having only one nationality, which is Vietnamese nationality.”

2. Amend and supplement Clause 2 of Article 23 as follows:

“2. The number of full-time National Assembly deputies shall be at least forty percent of the total number of National Assembly deputies.”

3. Amend and supplement Clause 3 of Article 26 as follows:

“3. Full-time National Assembly deputies shall have the responsibility to participate in meetings of full-time National Assembly deputies and other meetings convened by the Standing Committee of the National Assembly. Non-full-time National Assembly deputies shall have the right to register to attend meetings of full-time National Assembly deputies to discuss matters of interest to them.”

4. Amend and supplement some Points and Clauses of Article 43 as follows:

a) Amend and supplement Point d Clause 2 as follows:

“d) Direct the operation of the advisory and support staff serving the activities of the Delegation of National Assembly deputies.”

b) Add Clause 3a following Clause 3 and amend and supplement Clause 4 as follows:

“3a. The number and list of full-time National Assembly deputies at the Delegation of National Assembly deputies shall be decided and approved by the Standing Committee of the National Assembly.

The authority responsible for cadre management at the provincial level according to the division of powers shall be responsible for managing cadre work for full-time National Assembly deputies in their locality according to the regulations of the Standing Committee of the National Assembly.

The Office of the Delegation of National Assembly deputies and the Provincial People's Council is the advisory and support agency for the activities of National Assembly deputies and the Delegation of National Assembly deputies in the locality.

Local authorities at the provincial level shall be responsible for providing office space for the Delegation of National Assembly deputies, organizing and ensuring operating funds for the Office of the Delegation of National Assembly deputies and the Provincial People's Council according to the regulations of the Standing Committee of the National Assembly.”

5. Amend and supplement the name of the article and add some Clauses to Article 44 as follows:

a) Amend and supplement the name of the article as follows:

“Article 44. Position, Functions, Organizational Structure, and Principles of Operation of the Standing Committee of the National Assembly”

b) Add Clause 4 and Clause 5 following Clause 3 as follows:

“4. The Standing Committee of the National Assembly operates under a collective system and decides by majority. Resolutions and decrees of the Standing Committee of the National Assembly are adopted when more than half of the total number of members of the Standing Committee of the National Assembly vote in favor.

5. At the last session of the National Assembly each year, the Standing Committee of the National Assembly sends its work report to National Assembly deputies. At the final session of each term of the National Assembly, the Standing Committee of the National Assembly submits its term work report for the National Assembly to consider and discuss.”

6. Amend and supplement the name of the article and add a Clause to Article 47 as follows:

a) Amend and supplement the name of the article as follows:

“Article 47. The Standing Committee of the National Assembly prepares, convenes, and chairs sessions of the National Assembly and other meetings”

b) Add Clause 7 after Clause 6 as follows:

“7. Based on requirements and practical circumstances, the Standing Committee of the National Assembly decides to convene meetings of full-time National Assembly deputies before each session of the National Assembly to discuss and provide opinions on draft projects, proposals, and reports before they are submitted to the National Assembly.”

7. Amend and supplement some Clauses of Article 53 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Decide on the number, approve the list, and terminate membership of the National Ethnic Council, decide on the number, approve the list, and terminate membership of the Deputy Chairmen, Standing Members, and Specialized Members of the National Ethnic Council upon the proposal of the Chairman of the National Ethnic Council.

Decide on the number, approve the list, and terminate membership of the Committees, decide on the number, approve the list, and terminate membership of the Deputy Chairmen, Standing Members, and Specialized Members of the Committees upon the proposal of the Chairman of the Committees.”

b) Amend and supplement Clauses 4 and 5 as follows:

“4. Approve the results of elections and termination of duties as Head of Delegation, Deputy Head of Delegation of National Assembly deputies.

5. Approve the results of elections, removals, and dismissals of Chairmen, Deputy Chairmen of Provincial People's Councils.”

8. Amend and supplement some Clauses of Article 54 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Specify the implementation of cadre management work for full-time National Assembly deputies, the performance of representative duties, benefits, and other conditions for assurance for National Assembly deputies and full-time National Assembly deputies.”

b) Amend and supplement Clause 3 as follows:

“3. Guide operations, review reports on the situation of activities, and decide on the allocation of operating funds for Delegations of National Assembly deputies.”

9. Amend and supplement Article 59 as follows:

“Article 59. Responsibilities of the Standing Committee of the National Assembly in organizing public opinion polls

1. Organize public opinion polls according to the decision of the National Assembly.

2. Carry out tasks and exercise rights in organizing public opinion polls according to the provisions of the Law on Public Opinion Polls.”

10. Amend and supplement Clause 3 of Article 67 as follows:

“3. The Permanent Delegation of the National Ethnic Council, the Permanent Delegation of the Committees assist the National Ethnic Council, the Committees in handling regular affairs during periods when the National Ethnic Council, the Committees are not in session.

The Permanent Delegation of the National Ethnic Council includes the Chairman, Deputy Chairmen, Standing Members, and Specialized Members of the National Ethnic Council. The Permanent Delegation of the Committees includes the Chairman, Deputy Chairmen, Standing Members, and Specialized Members of the Committees.”

11. Add Clause 1a preceding Clause 1 of Article 79 as follows:

“1a. Participate in reviewing contents related to the fields of the National Ethnic Council, the Committees in draft laws, ordinances, and draft resolutions reviewed by other agencies of the National Assembly;”

12. Add Clause 1a preceding Clause 1 of Article 80 as follows:

“1a. During the process of reviewing draft laws, ordinances, and draft resolutions, the National Ethnic Council, the Committees shall ensure the constitutionality, legality, and consistency of draft laws, ordinances, and draft resolutions with the legal system.”

13. Amend and supplement Clause 1 and Clause 2 of Article 87 as follows:

"1. The National Assembly Ethnic Council and the National Assembly Committees shall convene plenary sessions to examine draft laws, ordinances, draft resolutions, projects, reports, and other drafts submitted to the National Assembly or the Standing Committee of the National Assembly; consider and decide on other issues within the duties and powers of the Council and Committees."

A plenary session of the National Assembly Ethnic Council or the National Assembly Committees must have more than half of the total number of members of the Council or Committee present.

Reports, resolutions, recommendations, and other contents within the decision-making authority of the National Assembly Ethnic Council and the National Assembly Committees shall be adopted when more than half of the total number of members of the Council or Committee vote in favor.

"2. Members of the National Assembly Ethnic Council and the National Assembly Committees shall be responsible for attending meetings of the Council or Committee as convened by the Chairperson of the Council or the Head of the Committee; discussing and voting on issues considered at the meeting; in case of non-attendance, they must provide a valid reason, report it, and obtain the consent of the Chairperson of the Council or the Head of the Committee."

14. Amend and supplement Point d Clause 1 Article 99 as follows:

"d) Ensure material bases and other conditions serving the activities of the National Assembly, National Assembly agencies, agencies under the Standing Committee of the National Assembly, and National Assembly deputies; create conditions for National Assembly deputies to submit draft laws and ordinances and make legislative proposals."

15. Amend and supplement Clause 1 Article 101 as follows:

"1. The operating budget of the National Assembly is a portion of the state budget decided by the National Assembly, including the general operating budget of the National Assembly, the operating budget of the Standing Committee of the National Assembly, the National Assembly Ethnic Council, National Assembly Committees, the Secretary-General of the National Assembly, the National Assembly Office, agencies under the Standing Committee of the National Assembly, the operating budget of the National Assembly Delegation, the salary 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."

16. Replace phrases in some Articles and Clauses as follows:

a) Replace the phrase "elected" in Clause 1 Article 36 with the phrase "fulfilling representative duties";

b) Replace the phrase "Committee for Culture, Education, Youth, Adolescents, and Children" with the phrase "Committee for Culture and Education" in Point e Clause 2 Article 66 and the title of Article 75;

c) Replace the phrase "Committee for Social Issues" with the phrase "Social Committee" in Point g Clause 2 Article 66 and the title of Article 76.

17. Delete words or phrases in some Articles and Clauses as follows:

a) Delete the phrase "at the constituency" and the phrase "in the electoral unit" in Clause 2 Article 27;

b) Delete the word "candidate" in Clause 2 Article 36.

Article 2. Implementation clause

1. This Law shall take effect from January 1, 2021, except as provided in Clause 2 of this Article.

2. The provisions in Clause 2, Point b, and Point c Clause 16 Article 1 of this Law shall be implemented from the term of the 15th National Assembly.

3. Terminate the implementation of the pilot consolidation of the Office of the National Assembly Delegation, People's Council Office, and Provincial People's Committee Office according to Resolution No. 580/2018/UBTVQH14 dated October 14, 2018 of the Standing Committee of the National Assembly.

The Office of the National Assembly Delegation was established according to Resolution No. 1097/2015/UBTVQH13 dated December 22, 2015 of the Standing Committee of the National Assembly. The Office of the National Assembly Delegation, People's Council, and People's Committee at provincial level implementing the pilot program according to Resolution No. 580/2018/UBTVQH14 dated October 14, 2018 of the Standing Committee of the National Assembly shall continue to operate until the establishment of the Office of the National Assembly Delegation and People's Council at provincial level to assist, support, and serve the joint activities of the National Assembly Delegation and People's Council in accordance with the regulations of the Standing Committee of the National Assembly. The establishment of the Office of the National Assembly Delegation and People's Council at provincial level must be completed before July 1, 2021.

This Law was passed by the 14th National Assembly of the Socialist Republic of Vietnam at its 9th Session on June 19, 2020.