What are the positions elected and approved by the National Assembly of Vietnam in the state apparatus? What is the term of the National Assembly of Vietnam?
What are the duties and powers of the National Assembly of Vietnam under the Constitution?
Regarding functions and position, according to Article 69 of the 2013 Constitution, the National Assembly of Vietnam is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam.
The National Assembly of Vietnam shall exercise constitutional and legislative powers, decide on important issues for the country, and conduct supreme oversight over the activities of the State.
Regarding duties and powers, according to the provisions of Article 70 of the 2013 Constitution as follows:
The National Assembly has the following duties and powers:
- Make and amend the Constitution; make and amend laws;
- Exercise the power of supreme oversight over the observance of the Constitution, laws, and resolutions of the National Assembly; review work reports of the President, Standing Committee of the National Assembly, Government, Supreme People's Court, Supreme People's Procuracy, National Election Council, State Audit Office, and other agencies established by the National Assembly;
- Decide on the country's major goals, targets, policies, and duties for socio-economic development;
- Decide on fundamental national financial and monetary policies; introduce, change, or abolish taxes; decide on the division of revenues and expenditures between the central and local budgets; decide on the safe limits for national, public, and government debts; decide on state budget estimates and the allocation of the central budget; and approve the final accounts of the state budget;
- Decide on state policies on ethnicities and religion;
- Regulate the organization and operation of the National Assembly, President, Government, People's Courts, People's Procuracies, National Election Council, State Audit Office, local administrations, and other agencies established by the National Assembly;
- Elect, relieve from duty or remove from office the President, Vice Presidents, Chairperson, and Vice Chairperson of the National Assembly, members of the Standing Committee of the National Assembly, Chairperson of the Ethnic Council, Chairpersons of the Committees of the National Assembly, Prime Minister, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Chairperson of the National Election Council, State Auditor General, and heads of other agencies established by the National Assembly; approve proposals on the appointment, relief from duty or dismissal of the Deputy Prime Ministers, Ministers or other members of the Government, and Judges of the Supreme People’s Court; and approve the lists of members of the National Defense and Security Council and the National Election Council.
After being elected, the President, Chairperson of the National Assembly, Prime Minister, and Chief Justice of the Supreme People’s Court shall take an oath of loyalty to the Fatherland, the People, and the Constitution;
- Conduct votes of confidence on persons holding positions elected or approved by the National Assembly;
- Decide on the establishment or abolition of ministries or ministerial-level agencies of the Government; establish, dissolve, consolidate, separate, or adjust the administrative boundaries of, provinces, centrally run cities, and special administrative-economic units; or establish or abolish other agencies in accordance with the Constitution and law;
- Annul documents of the President, Standing Committee of the National Assembly, Government, Prime Minister, Supreme People's Court, and Supreme People's Procuracy that contravene the Constitution, laws, or resolutions of the National Assembly;
- Decide on a general amnesty;
- Stipulate the titles and ranks in the people's armed forces, diplomatic titles and ranks, and other state titles and ranks; institute orders, medals, and state honorary titles;
- Decide on issues of war and peace; determine states of emergency and other special measures to ensure national defense and security;
- Decide on fundamental foreign policies; ratify, or decide on the accession to, or withdrawal from, treaties related to war, peace, national sovereignty, or the membership of the Socialist Republic of Vietnam in important international and regional organizations, treaties on human rights or fundamental rights and obligations of citizens, and other treaties that are not consistent with the laws or resolutions of the National Assembly;
- Decide to hold referenda.
What are the positions elected and approved by the National Assembly of Vietnam in the state apparatus?
Pursuant to Article 8 of the Law on Organization of the National Assembly 2014, the National Assembly elects the following positions in the state apparatus:
- The National Assembly shall elect its Chairperson, Vice Chairpersons, and members of its Standing Committee among National Assembly deputies according to the list of nominees for such positions presented by the Standing Committee of the National Assembly.
At its first session, the National Assembly shall elect its Chairperson, Vice Chairpersons, and members of its Standing Committee at the proposal of the Standing Committee of the National Assembly of the preceding term.
- The National Assembly shall elect the President from among its deputies at the proposal of the Standing Committee of the National Assembly. The National Assembly shall elect the Vice President from among its deputies at the proposal of the President.
- The National Assembly shall elect the Chairperson of the Ethnic Council and Chairpersons of the Committees of the National Assembly from among its deputies at the proposal of its Standing Committee.
- The National Assembly shall elect the Prime Minister from among its deputies at the proposal of the President.
- The National Assembly shall elect the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy at the proposal of the President.
- The National Assembly shall elect the Chairperson of the National Election Council, the State Auditor General, and the Secretary General of the National Assembly at the proposal of its Standing Committee.
- Apart from the persons nominated by the competent agencies or persons as above, the Standing Committee of the National Assembly shall submit to the National Assembly for decision lists of candidates for election to the positions prescribed in this Article in case there are National Assembly deputies standing for election or additionally nominating candidates for election.
- After being elected, the President, Chairperson of the National Assembly, Prime Minister, and Chief Justice of the Supreme People’s Court shall take an oath of loyalty to the Fatherland, the People, and the Constitution.
Pursuant to Article 9 of the Law on Organization of the National Assembly 2014, the National Assembly approves the following positions in the state apparatus:
- The National Assembly shall approve the Prime Minister’s proposals on the appointment of Deputy Prime Ministers, ministers, and other members of the Government according to the list of nominees for such positions.
- The National Assembly shall approve the proposals of the Chief Justice of the Supreme People’s Court on the appointment of judges of the Supreme People’s Court.
- The National Assembly shall approve the list of members of the National Defense and Security Council at the proposal of the President.
- The National Assembly shall approve the list of members of the National Election Council at the proposal of the Chairperson of the National Election Council.
What is the term of the National Assembly of Vietnam?
Pursuant to Article 2 of the Law on Organization of the National Assembly 2014, the term of the National Assembly of Vietnam is as follows:
- The term of the National Assembly is five years, counting from the opening date of the first session of the National Assembly of a term to the opening date of the first session of the National Assembly of the succeeding term.
- Sixty days before the expiration of the term of the National Assembly, a new National Assembly shall be elected.
- In special cases, the National Assembly shall decide to shorten or extend its term at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of National Assembly deputies vote for it.
The extension of a term of the National Assembly must not exceed twelve months, except in wartime.
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