Who shall issue the proposal to search a National Assembly deputy's place of residence in Vietnam?
Who shall issue the proposal to search a National Assembly deputy's place of residence in Vietnam? - Mr. Minh (Ha Giang)
Who are National Assembly deputies in Vietnam? What are criterias of National Assembly deputies in Vietnam?
Pursuant to Article 21 of the Law on Organization of the National Assembly in 2014 stipulating position and role of National Assembly deputies as follows:
Position and role of National Assembly deputies
1. A National Assembly deputy shall represent the will and aspirations of the People of his/her constituency and of the whole country and exercise the state power in the National Assembly on behalf of the People.
2. A National Assembly deputy shall take responsibility before voters and the National Assembly for the performance of his/her tasks and exercise of his/her powers as a deputy.
3. National Assembly deputies are equal in discussing and deciding on matters within the tasks and powers of the National Assembly.
Pursuant to Article 22 of the Law on Organization of the National Assembly in 2014 (amended by Clause 1 Article 1 of the Law amending a number of Articles of the Law on Organization of National Assembly in 2020) stipulating criteria of National Assembly deputies as follows:
- To be loyal to the Fatherland, the People and the Constitution, to strive to carry out the renewal cause for the goal of a prosperous people and a strong, democratic, equitable and civilized country.
- Hold citizenship of only Vietnam.
- To possess moral qualities, to be diligent, thrifty, incorruptible, public-spirited and selfless, exemplary in the observance of law; to have the spirit and be determined to control corruption, waste and all manifestations of bureaucracy, imperiousness and authoritarianism and other illegal acts.
- To possess educational and professional qualifications, to have full capacity, health, work experience and prestige to perform the tasks of a National Assembly deputy.
- To keep close ties with the People, to listen to opinions of the People, to gain confidence of the People.
- To have the conditions to participate in the activities of the National Assembly.
Who shall issue the proposal to search a National Assembly deputy's place of residence in Vietnam? - Source: Internet
What are reasons for application to resign from performing the tasks of a National Assembly deputy in Vietnam?
Pursuant to Article 38 of the Law on Organization of the National Assembly in 2014 stipulating change of work, application to resign from performing the tasks of a National Assembly deputy as follows:
Change of work, application to resign from performing the tasks of a National Assembly deputy
1. During his/her term of office, a National Assembly deputy who moves to work in another province or centrally run city may join the National Assembly deputies’ delegation of the locality of his/her new workplace.
2. A National Assembly deputy may apply to resign from performing the tasks of a deputy for health or other reasons. The approval of such application shall be decided by the National Assembly or, when the National Assembly is in recess, by the Standing Committee of the National Assembly, which shall report its decision to the National Assembly at its next session.
3. A National Assembly deputy may resign from performing the tasks of a deputy on the date the National Assembly or its Standing Committee approves the resolution to permit him her to do so.
As regulations above, a National Assembly deputy may apply to resign from performing the tasks of a deputy for health or other reasons.
The approval of such application shall be decided by the National Assembly or, when the National Assembly is in recess, by the Standing Committee of the National Assembly, which shall report its decision to the National Assembly at its next session.
Who shall issue the proposal to search a National Assembly deputy's place of residence 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:
The right to immunity of National Assembly deputies
1. 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.
2. 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.
As regulations above, only the Procurator General of the Supreme People’s Procuracy has power to issue the proposal to search a National Assembly deputy's place of residence in Vietnam.
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