Can the Chief Justice of the Supreme People's Court who is not a National Assembly deputy attend the National Assembly session?
Chief Justice of the Supreme People's Court Who Is Not a Member of the National Assembly: Can They Attend National Assembly Sessions?
For the case where the Chief Justice of the Supreme People's Court, who is not a member of the National Assembly, wishes to attend a National Assembly session, the provisions in Article 5 of Resolution 71/2022/QH15 are as follows:
Invited Participants to National Assembly Sessions, Observers at National Assembly Meetings
1. The Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, members of the Government of Vietnam, the State Auditor General, and heads of agencies established by the National Assembly who are not members of the National Assembly are invited to attend National Assembly sessions; they are responsible for attending plenary sessions of the National Assembly when discussing issues related to their sectors and fields of responsibility. Invited participants to National Assembly sessions as specified in this clause may give opinions on issues within their sectors and fields of responsibility if approved or requested by the Chairperson of the National Assembly or a Deputy Chairperson of the National Assembly assigned to chair the meeting.
Thus, the Chief Justice of the Supreme People's Court, who is not a member of the National Assembly, is invited to attend National Assembly sessions and is responsible for attending plenary sessions of the National Assembly when discussing issues related to their respective sectors and fields.
The invited participants to National Assembly sessions, as specified in this clause, may give opinions on issues within their sectors and fields of responsibility if approved or requested by the Chairperson of the National Assembly or a Deputy Chairperson of the National Assembly assigned to chair the meeting.
Chief Justice of the Supreme People's Court Who Is Not a Member of the National Assembly: Can They Attend National Assembly Sessions? (Image from the Internet)
Who Decides the Guests Invited to National Assembly Sessions?
According to clauses 2 and 3, Article 5 of Resolution 71/2022/QH15, the provisions are as follows:
- Domestic and international honorary guests are decided by the Chairperson of the National Assembly based on the proposal of the Secretary-General of the National Assembly. The Secretary-General of the National Assembly, after consultation and consensus with the Chairperson of the National Assembly's Committee on Foreign Affairs regarding international honorary guests, reports to the Chairperson of the National Assembly.
The National Assembly Standing Committee considers the participation of domestic honorary guests in plenary sessions of the National Assembly based on the proposal of the Secretary-General of the National Assembly; it also considers the participation of international honorary guests in plenary sessions of the National Assembly based on the proposal of the Standing Committee on Foreign Affairs to recommend the National Assembly to include them in the agenda of the National Assembly session.
- Representatives of state agencies, central agencies of political organizations, socio-political organizations, social organizations, economic organizations, people's armed forces units, and press agencies may be invited to public sessions of the National Assembly.
Based on the agenda of the National Assembly session, and the proposals of the Chairman of the Ethnic Council, the Chairpersons of the committees of the National Assembly, the heads of agencies under the National Assembly Standing Committee, the Secretary-General of the National Assembly decides the list of invitees.
What Must National Assembly Members Do If They Cannot Attend a National Assembly Session?
According to Article 3 of Resolution 71/2022/QH15, the provisions are as follows:
Responsibilities of National Assembly Members
1. National Assembly members are responsible for fully participating in National Assembly sessions and meetings, focusing on research, participating in discussions, contributing opinions on the contents of the National Assembly session, and voting on issues within the duties and powers of the National Assembly.
2. If unable to attend a National Assembly session or meeting according to the agenda approved by the National Assembly, National Assembly members are responsible for the following:
a) Reporting to the Head of the National Assembly Delegation to notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly if absent for up to 2 working days during the entire National Assembly session;
b) Submitting a written report stating the reasons to the Head of the National Assembly Delegation to notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly for a decision if unable to attend the National Assembly session or absent for a total of more than 2 working days during the entire National Assembly session.
If absent due to health reasons or force majeure reasons, National Assembly members report to the Head of the National Assembly Delegation to notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly;
c) If absent to perform the duties of the National Assembly session as prescribed by law or National Assembly resolutions, National Assembly members report to the Head of the National Assembly Delegation and simultaneously notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly.
The list of National Assembly members unable to attend the National Assembly session or absent at meetings as specified in points a and b of this clause must be recorded in the session minutes and the National Assembly session minutes.
3. National Assembly members must ensure accuracy and objectivity when giving interviews and providing information about the National Assembly session; they must not disclose state secrets, nor the content of closed sessions of the National Assembly.
4. National Assembly members are responsible for using and maintaining National Assembly session documents according to legal provisions; returning documents to be retrieved as requested; and using and maintaining the National Assembly member's badges, identification cards, and equipment provided according to regulations.
Thus, if unable to attend a National Assembly session or meeting according to the agenda approved by the National Assembly, National Assembly members have the following responsibilities:
- Reporting to the Head of the National Assembly Delegation to notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly if absent for up to 2 working days during the entire National Assembly session;
- Submitting a written report stating the reasons to the Head of the National Assembly Delegation to notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly for a decision if unable to attend the National Assembly session or absent for a total of more than 2 working days during the entire National Assembly session.
If absent due to health reasons or force majeure reasons, National Assembly members report to the Head of the National Assembly Delegation to notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly;
- If absent to perform the duties of the National Assembly session as prescribed by law or National Assembly resolutions, National Assembly members report to the Head of the National Assembly Delegation and simultaneously notify the Secretary-General of the National Assembly to compile and report to the Chairperson of the National Assembly.
The list of National Assembly members unable to attend the National Assembly session or absent at meetings as specified in points a and b of this clause must be recorded in the session minutes and the National Assembly session minutes.
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