What are rights to immunity of National Assembly deputies in Vietnam? What are cases of loss of the rights of National Assembly deputies in Vietnam?

What are rights to immunity of National Assembly deputies in Vietnam?

Pursuant to Article 37 of the Law on Organization of the National Assembly in 2014 stipulating the right to immunity of National Assembly deputies as follows:

- No National Assembly deputy may be arrested, held in custody, detained, prosecuted or have his/her place of residence or workplace searched, unless so consented by the National Assembly or, when the National Assembly is in recess, by the Standing Committee of the National Assembly.

The proposal to arrest, put in custody, detain or prosecute a National Assembly deputy or to search his/her place of residence and workplace must fall under the jurisdiction of the Procurator General of the Supreme People’s Procuracy.

In case a National Assembly deputy is taken into custody for a flagrant offense, the agency holding the deputy in custody shall immediately report the case to the National Assembly or its Standing Committee for consideration and decision.

- No National Assembly deputy may be removed from office, dismissed, forced to resign or sacked by the agency, organization or unit where he/she works, unless so consented by the Standing Committee of the National Assembly.

What are rights to immunity of National Assembly deputies in Vietnam? What are cases of loss of the rights of National Assembly deputies in Vietnam? - Source: Internet

What are cases of loss of the rights of National Assembly deputies in Vietnam?

Pursuant to Article 39 of the Law on Organization of the National Assembly in 2014 stipulating suspension or loss of the rights of National Assembly deputies as follows:

Suspension or loss of the rights of National Assembly deputies

1. When a National Assembly deputy is charged with an offense, the Standing Committee of the National Assembly shall decide to suspend the performance of tasks and exercise of powers by the deputy.

The National Assembly deputy may resume performance of his/her tasks and powers and have his/her lawful interests restored when a competent agency terminates the investigation or the criminal case against him/her or from the time a legally effective court judgment or decision pronounces that this deputy is innocent or exempted from penal liability.

2. A National Assembly deputy who is convicted under a court judgment or decision shall automatically lose the rights of a National Assembly deputy from the date that judgment or decision takes legal effect.

As regulations above, a National Assembly deputy who is convicted under a court judgment or decision shall automatically lose the rights of a National Assembly deputy

The date that a National Assembly deputy loses the rights of a National Assembly deputy is from the date that judgment or decision takes legal effect.

What are regulations on removal from office of National Assembly deputies in Vietnam?

Pursuant to Article 40 of the Law on Organization of the National Assembly in 2014 stipulating removal from office of National Assembly deputies in Vietnam as follows:

- A National Assembly deputy who no longer deserves the People’s confidence shall be removed from office by the National Assembly or voters.

-  In case a National Assembly deputy is removed from office by the National Assembly, such removal shall be voted for by at least two-thirds of the total number of National Assembly deputies.

- In case a National Assembly deputy is removed from office by voters, such removal shall be carried out in the order stipulated by the Standing Committee of the National Assembly.

What is the term of office of National Assembly deputies in Vietnam?

Pursuant to Article 25 of the Law on Organization of the National Assembly in 2014 stipulating the term of office of National Assembly deputies in Vietnam as follows:

Term of office of National Assembly deputies

The term of office of National Assembly deputies must follow the term of the National Assembly.

The term of office of additionally elected National Assembly deputies must last from the date of opening of the session following the by-election to the date of opening of the first session of the National Assembly of the succeeding term.

Pursuant to Article 2 of the Law on Organization of the National Assembly in 2014 stipulating the term of the National Assembly as follows:

Term of the National Assembly

1. 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.

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

3. 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.

As regulations above, the term of office of National Assembly deputies is five years.

The term of office of National Assembly deputies is counted 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.

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