22/05/2023 14:14

Organizational structure of the National Assembly of Vietnam

Organizational structure of the National Assembly of Vietnam

What are the regulations on the organizational structure of the National Assembly of Vietnam? Ha Lien-Lang Son

Hello, Lawnet would like to answer the following:

1. What is National Assembly?

According to the Constitution 2013, the National Assembly is the highest representative body of the People and the highest state power body of the Socialist Republic of Vietnam.

The National Assembly shall exercise constitutional and legislative powers, decide on important issues for the country, and conduct the supreme oversight over the activities of the State.

2. Organizational structure of the National Assembly of Vietnam

According to the provisions of the Law on Organization of the National Assembly 2014, the total number of National Assembly deputies must not exceed 500, including full-time and part-time deputies. The number of full-time National Assembly deputies is at least 40% of the total number of National Assembly deputies.

The Standing Committee of the National Assembly is the permanent body of the National Assembly. The Standing Committee of the National Assembly shall be composed of the Chairperson, who is the Chairperson of the National Assembly, Vice Chairpersons, who are Vice Chairpersons of the National Assembly, and Members.

Members of the Standing Committee of the National Assembly must be National Assembly deputies who work on a full-time basis and may not concurrently be members of the Government. 

The National Assembly establishes specialized agencies including:

- Ethnic Council;

- 09 Committees of the National Assembly include:

+ The Law Committee;

+ The Judicial Committee;

+ The Economic Committee;

+ The Finance and Budget Committee;

+ The National Defense and Security Committee;

+ The Committee for Culture, Education, Youth, Teenagers and Children;

+ The Social Affairs Committee;

+ The Science, Technology and Environment Committee;

+ The External Affairs Committee.

The National Assembly delegation consists of National Assembly deputies elected in a province or centrally run city;

The Office of the National Assembly is the body advising, assisting of the National Assembly, the National Assembly Standing Committee, the Ethnic Council and Committees of the National Assembly, and Committees of the National Assembly Standing Committee.

3. Functions, tasks and powers of the National Assembly

Functions of National Assembly of Vietnam

According to the provisions of the Constitution 2013 and the Law on Organization of the National Assembly 2014, the National Assembly of our country has three main functions: exercising the constitutional and legislative rights; decide on important issues of the country and supremely supervise the activities of the State.

Tasks and powers of the National Assembly of Vietnam

According to Article 70 of the Constitution 2013, the National Assembly has the following tasks and powers:

(1) To make and amend the Constitution; to make and amend laws;

(2) To exercise the power of supreme oversight over the observance of the Constitution, laws and resolutions of the National Assembly; to 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;

(3) To decide on the country's major goals, targets, policies and tasks for socio-economic development;

(4) To decide on fundamental national financial and monetary policies; to introduce, change or abolish taxes; to decide on the division of revenues and expenditures between the central and local budgets; to decide on the safe limits for national, public and government debts; to decide on state budget estimates and the allocation of the central budget; and to approve the final accounts of the state budget;

(5) To decide on state policies on ethnicities and religion;

(6) To 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;

(7) To elect, relieve from duty or remove from office the President, Vice Presidents, Chairperson and Vice Chairpersons 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; to 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 to approve the lists of members of the National Defense and Security Council and the National Election Council.

(8) To conduct votes of confidence on persons holding positions elected or approved by the National Assembly;

(9) To decide on the establishment or abolition of ministries or ministerial-level agencies of the Government; to establish, dissolve, consolidate, separate or adjust the administrative boundaries of, provinces, centrally run cities and special administrative-economic units; or to establish or abolish other agencies in accordance with the Constitution and law;

(10) To 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;

(11) To decide on a general amnesty;

(12) To stipulate the titles and ranks in the people's armed forces, diplomatic titles and ranks, and other state titles and ranks; to institute orders, medals, and state honorary titles;

(13) To decide on issues of war and peace; to determine states of emergency and other special measures to ensure national defense and security;

(14) To decide on fundamental foreign policies; to 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;

(15) To decide to hold referenda.

4. What is the duration of the term of the National Assembly?

The term of the National Assembly is five years from the opening day of the first session of that National Assembly to the opening day of the first session of the next National Assembly.

Sixty days before the expiration of the term of the National Assembly, a new National Assembly must be elected.

In special cases, the National Assembly may 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 the National Assembly deputies vote for it. The extension of the term of the National Assembly must not exceed twelve months, except in wartime.

Bui Thi Nhu Y
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