Resolution No. 719/2014/NQ-UBTVQH13 guides the implementation of Resolution No. 64/2013/QH13 on the enforcement of the Constitution of the Socialist Republic of Vietnam, specifying procedures for ratification, decision to join or terminate the effect of international treaties; appointment and removal of special envoys; bestowal, promotion, demotion, deprivation of general rank; and establishment, dissolution of administrative units.
Scope of application
The Standing Committee of the National Assembly, the Government, the President, the Prime Minister, state agencies, special envoys of the Socialist Republic of Vietnam, judges of people's courts, chief justice of the Supreme People's Court.
Key points
- The Government submits to the Standing Committee of the National Assembly for decisions on the establishment, dissolution, merger, division, and adjustment of boundaries of administrative units below the province and centrally governed cities.
- The Chief Justice submits to the National Assembly for approval the appointment, removal, and dismissal of judges of the Supreme People's Court according to the recommendation of the Selection Council for Judges of the Supreme People's Court.
- The President decides on the bestowal, promotion, demotion, and deprivation of general rank, including rear admiral, vice admiral, and admiral of the Navy.
- The Prime Minister submits to the Standing Committee of the National Assembly for approval the recommendation for the appointment and removal of special envoys of the Socialist Republic of Vietnam.
- The Government submits to the President for decisions on negotiating and signing international treaties and submits to the President for approval, decision to join or terminate the effect of international treaties.
🌐 Social impact of this document
- Positive impact: Clearly defines the procedures for appointing and removing important positions such as special envoys and judges of the Supreme People's Court.
- Negative impact: May cause inconvenience in implementing tasks currently being handled under the 1992 Constitution when they need to be transferred to other state agencies.
❓ Frequently asked questions
What powers does the Government have related to the establishment and dissolution of administrative units?
The Government submits to the Standing Committee of the National Assembly for decisions on the establishment, dissolution, merger, division, and adjustment of boundaries of administrative units below the province and centrally governed cities.
Who approves the judges of the Supreme People's Court?
The Chief Justice submits to the National Assembly for approval the judges of the Supreme People's Court according to the recommendation of the Selection Council for Judges of the Supreme People's Court.
What powers does the President have regarding the military?
The President decides on the bestowal, promotion, demotion, and deprivation of general rank, including rear admiral, vice admiral, and admiral of the Navy.
What does the Prime Minister submit to the Standing Committee of the National Assembly?
The Prime Minister submits to the Standing Committee of the National Assembly for approval the recommendation for the appointment and removal of special envoys of the Socialist Republic of Vietnam.
How does the Government submit to the President regarding international treaties?
The Government submits to the President for decisions on negotiating and signing international treaties and submits to the President for approval, decision to join or terminate the effect of international treaties.
Full text
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STANDING COMMITTEE
OF THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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| Number: 719/2014/NQ-UBTVQH13 | Hanoi, January 6, 2014 |
RESOLUTION
Guidelines for implementing Clause 2, Article 2 of Resolution No. 64/2013/QH13 dated November 28, 2013 of the National Assembly on certain points of implementation of the Constitution of the Socialist Republic of Vietnam
ngày 28 tháng 11 năm 2013 của Quốc hội quy định một số điểm thi hành
The Constitution of the Socialist Republic of Vietnam
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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
On the basis of the Constitution of the Socialist Republic of Vietnam;
WHEREAS Decision No. 718/NQ-UBTVQH13 dated January 2, 2014 of the Standing Committee of the National Assembly promulgates the Plan for the Organization and Enforcement of the Constitution of the Socialist Republic of Viet Nam;
At the proposal of the Committee for Legal Affairs in the Report No. 2203/TTr-UBPL13 dated December 31, 2013,
RESOLUTION:
Article 1. Scope of Regulation
1. The provisions of the Constitution of the Socialist Republic of Vietnam shall be implemented from the date the Constitution takes effect.
2. State agencies shall perform their functions, tasks, and powers as prescribed in the Constitution. For matters currently being handled by state agencies under the 1992 Constitution, if such authority is assigned to other state agencies under the Constitution of the Socialist Republic of Vietnam, the transfer shall be carried out in accordance with Clause 2, Article 2 of Resolution No. 64/2013/QH13 dated November 28, 2013 of the National Assembly on certain points of implementation of the Constitution of the Socialist Republic of Vietnam and the guidelines set forth in this Resolution.
Article 2. On the approval, decision to join or terminate the effect of international treaties
1. The President shall submit to the National Assembly for approval, decision to join or terminate the effect of international treaties as stipulated in Clause 14, Article 70 of the Constitution of the Socialist Republic of Vietnam.
2. The Government shall submit to the President for approval to negotiate and sign international treaties; submit to the President for approval, decision to join or terminate the effect of international treaties as stipulated in Clause 6, Article 88 of the Constitution of the Socialist Republic of Vietnam.
3. The procedures and formalities for the Government to submit to the President for approval to negotiate and sign international treaties and to submit to the President for approval, decision to join or terminate the effect of international treaties shall be carried out in accordance with the Law on Signing, Joining and Implementing International Treaties.
4. The President may himself or at the request of the Government authorize in writing the Government to organize negotiations and sign international treaties on behalf of the State.
Article 3. On the appointment and removal of special envoys of the Socialist Republic of Vietnam
1. The Prime Minister shall submit to the Standing Committee of the National Assembly for approval the proposal for the appointment and removal of special envoys of the Socialist Republic of Vietnam.
2. The Foreign Relations Committee of the National Assembly shall have the responsibility to review the report of the Prime Minister submitted to the Standing Committee of the National Assembly for approval of the proposal for the appointment and removal of special envoys of the Socialist Republic of Vietnam.
3. Based on the report of the Prime Minister and the review opinion of the Foreign Relations Committee, the Standing Committee of the National Assembly shall discuss and issue a resolution approving the proposal for the appointment and removal of special envoys of the Socialist Republic of Vietnam.
4. Based on the resolution of the Standing Committee of the National Assembly, the President shall appoint or remove special envoys of the Socialist Republic of Vietnam.
Article 4. On the approval of Deputy Chairmen and Members of the National Ethnic Council, Deputy Heads and Members of Committees of the National Assembly
1. The Chairman of the National Ethnic Council shall submit to the Standing Committee of the National Assembly for approval the Deputy Chairmen and Members of the National Ethnic Council; the Head of Committees of the National Assembly shall submit to the Standing Committee of the National Assembly for approval the Deputy Heads and Members of Committees of the National Assembly.
2. The Standing Committee of the National Assembly shall discuss and issue a resolution approving the Deputy Chairmen and Members of the National Ethnic Council; the Deputy Heads and Members of Committees of the National Assembly.
Article 5. On the bestowal, promotion, demotion, deprivation of ranks of general, rear admiral, vice admiral, fleet admiral; appointment, removal, dismissal of Chief of General Staff, Director of the Political General Department of the Vietnam People's Army
1. The President decides on the bestowal, promotion, demotion, deprivation of ranks of general, rear admiral, vice admiral, fleet admiral.
2. The procedures for the appointment, removal, and dismissal of the Chief of General Staff, Director of the Political General Department of the Vietnam People's Army shall be carried out in accordance with current regulations.
Article 6. On the appointment, removal, and dismissal of Judges of the People's Court
1. Judges of the Supreme People's Court, Military Court Judges, and other Court Judges who were appointed before January 1, 2014 shall continue to perform their duties until the end of their term, except where new laws provide otherwise.
2. The appointment, removal, and dismissal of Judges of the Supreme People's Court from January 1, 2014 onwards shall be regulated as follows:
a) The President of the Supreme People's Court shall submit to the National Assembly for approval the appointment, removal, and dismissal of Judges of the Supreme People's Court based on the proposal of the Council for Selection of Judges of the Supreme People's Court;
b) The Committee on Legal Affairs of the National Assembly shall be responsible for examining the draft resolution submitted to the National Assembly for approval of the appointment, removal, and dismissal of Judges of the Supreme People's Court;
c) The National Assembly shall discuss and adopt a resolution approving the proposal for the appointment, removal, and dismissal of Judges of the Supreme People's Court;
d) Based on the Resolution of the National Assembly, The President shall appoint, remove, or dismiss Judges of the Supreme People's Court.
3. The President of the Supreme People's Court shall submit to the President for appointment, removal, or dismissal of Judges of other Courts based on the proposals of the Councils for Selection of Judges of People's Courts and Military Courts.
Article 7. On the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries
1. The Government shall submit to the Standing Committee of the National Assembly for decision the establishment, dissolution, merger, division, and adjustment of boundaries of administrative units below the provincial and centrally-administered city levels.
2. The Committee on Legal Affairs of the National Assembly shall be responsible for examining the Project of the Government on the establishment, dissolution, merger, division, and adjustment of boundaries of administrative units below the provincial and centrally-administered city levels.
3. The Standing Committee of the National Assembly shall discuss and adopt a resolution on the establishment, dissolution, merger, division, and adjustment of boundaries of administrative units below the provincial and centrally-administered city levels.
4. The establishment, dissolution, merger, division, and adjustment of boundaries of administrative units must seek public opinion and be implemented according to current procedures and formalities.
Article 8. Effective Date
This Resolution takes effect from the date of issuance./.
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TM. STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
(Signed)
Nguyen Sinh Hung
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