What are the regulations on the election of the Chairperson of the National Assembly and President of the Socialist Republic of Vietnam under the Law on Organization of the National Assembly 2014? What are the procedures for electing the Chairperson of the National Assembly and State President?

“What are the regulations on the election of the Chairperson of the National Assembly and President of the Socialist Republic of Vietnam under the Law on Organization of the National Assembly 2014? What are the procedures for electing the Chairperson of the National Assembly and State President?” - asked Mr. V.Q (Binh Dinh)

What are the regulations on the election of the Chairperson of the National Assembly of Vietnam and President of the Socialist Republic of Vietnam under the Law on Organization of the National Assembly 2014?

Under Clause 1 and Clause 2, Article 8 of the Law on Organization of the National Assembly 2014 on the election of the Chairperson of the National Assembly of Vietnam and President of the Socialist Republic of Vietnam:

Election of positions in the state apparatus
1. The National Assembly shall elect its Chairperson and 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 and Vice-Chairpersons and members of its Standing Committee at the proposal of the Standing Committee of the National Assembly of the preceding term.
2. 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.
...

Thus, the National Assembly of Vietnam elects its Chairperson and the State President from among its delegates.

After being elected, the Chairperson of the National Assembly of Vietnam and President of the Socialist Republic of Vietnam shall take an oath of loyalty to the Fatherland, the People and the Constitution.

What are the procedures for electing the Chairperson of the National Assembly of Vietnam and President of the Socialist Republic of Vietnam?

(1) The procedures for electing the President of the Socialist Republic of Vietnam are specified in Article 33 of the Rules of the National Assembly session promulgated together with Resolution 71/2022/QH15:

Step 1: The Standing Committee of the National Assembly of Vietnam submits the list of candidates for the National Assembly of Vietnam to elect the State President.

Step 2: In addition to the list proposed by the Standing Committee of the National Assembly of Vietnam, National Assembly Delegates have the right to recommend or self-nominate for the post of State President; the recommended person has the right to withdraw from the list of candidates.

Step 3: National Assembly Delegates discuss at the National Assembly Delegations; The Chairperson of the National Assembly may meet with the Heads of National Assembly Delegations to discuss relevant matters.

Step 4: The Standing Committee of the National Assembly of Vietnam shall report to the National Assembly on the explanation and reception of opinions of National Assembly deputies discussed at the National Assembly Delegation; submit to the National Assembly for decision on the list of candidates recommended by National Assembly Delegates or self-nominees (if any).

Step 5: The National Assembly of Vietnam discusses and votes on the list to elect the State President.

Step 6: The National Assembly of Vietnam establishes a Vote Counting Committee.

Step 7: The National Assembly elects the State President by secret ballot.

Step 8: The vote counting committee shall report the vote counting results and voting results.

Step 9: The Standing Committee of the National Assembly of Vietnam submits to the National Assembly a draft resolution to elect the State President.

Step 10: The National Assembly of Vietnam discusses.

Step 11: The Standing Committee of the National Assembly of Vietnam shall report to the National Assembly on the explanation, reception of opinions of National Assembly deputies, and correction of the draft resolution.

Step 12: The National Assembly votes to approve the draft resolution.

Step 13: The State President takes the oath.

(2) The procedures for electing the Chairperson of the National Assembly of Vietnam are specified in Clause 3, Article 32 of the Rules of the National Assembly session promulgated together with Resolution 71/2022/QH15 as follows:

Step 1: The Standing Committee of the National Assembly of the preceding term submits the list of nominees for the National Assembly to elect the Chairperson of the National Assembly of Vietnam.

In addition to the list proposed by the Standing Committee of the National Assembly of the preceding term, National Assembly deputies have the right to recommend others or self-nominate for the position of Chairperson of the National Assembly of Vietnam, and the recommended person has the right to withdraw from the list of nominees;

Step 2: National Assembly deputies discuss at the National Assembly Delegation; The Chairperson of the National Assembly of the preceding term may meet with the Heads of National Assembly Delegations to discuss relevant matters;

Step 3: The Standing Committee of the National Assembly of the preceding term shall report to the National Assembly on the explanation and reception of opinions of National Assembly deputies discussed at the National Assembly Delegation; submit to the National Assembly for decision the list of nominees recommended by National Assembly deputies or self-nominated (if any);

Step 4: The National Assembly discusses and votes on the list to elect the Chairperson of the National Assembly of Vietnam;

Step 5: The National Assembly of Vietnam establishes the Vote Counting Committee;

Step 6: The National Assembly of Vietnam elects the Chairperson of the National Assembly by secret ballot;

Step 7: The Vote Counting Committee reports the vote counting results and voting results;

Step 8: The Standing Committee of the National Assembly of the preceding term submits to the National Assembly a draft resolution to elect the Chairperson of the National Assembly;

Step 9: The National Assembly of Vietnam discusses;

Step 10: The Standing Committee of the National Assembly of the preceding term shall report to the National Assembly in advance on the explanation, reception of opinions of National Assembly deputies and correction of the draft resolution;

Step 11: The National Assembly of Vietnam votes to approve the draft resolution;

Step 12: The Chairperson of the National Assembly takes the oath.

What are the regulations on holding extraordinary sessions of the National Assembly of Vietnam under the Law on Organization of the National Assembly 2014?

Under Article 90 of the Law on Organization of the National Assembly 2014:

National Assembly sessions
1. The National Assembly shall hold its sessions in public.
The National Assembly may, when necessary and at the proposal of the President, Standing Committee of the National Assembly, Prime Minister or by at least one-third of the total number of National Assembly deputies, decide to conduct a closed session.
2. The National Assembly shall hold two regular sessions a year.
The National Assembly shall hold an extraordinary session when so requested by the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of National Assembly deputies.
3. The National Assembly shall discuss and decide on matters falling within its tasks and powers at its sessions according to the procedures provided in the Rules on National Assembly sessions and other related laws.

According to the above provisions of the Law on Organization of the National Assembly 2014, the National Assembly of Vietnam shall hold two regular sessions a year. The National Assembly shall hold an extraordinary session under request by the State President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of National Assembly deputies.

Thư Viện Pháp Luật

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