The right to immunity of National Assembly deputies in Vietnam

Who is the National Assembly deputy?

Pursuant to the provisions of Article 21 of the Law on Organization of the National Assembly 2014, 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.

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. National Assembly deputies are equal in discussing and deciding on matters within the tasks and powers of the National Assembly.

The right to immunity of National Assembly deputies in Vietnam (Internet image)

Criteria of National Assembly deputies in Vietnam

Pursuant to Article 22 of the Law on Organization of the National Assembly 2014 and Clause 1, Article 1 of the Law on Organization of the National Assembly, as amended in 2020, the specific criteria of National Assembly deputies are 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.

The right to immunity of National Assembly deputies in Vietnam

The right to immunity of National Assembly deputies are specified in Article 37 of the Law on Organization of the National Assembly 2014, specifically 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.

 The right to propose of National Assembly deputies in Vietnam

Pursuant to Article 33 of the Law on Organization of the National Assembly 2014 stipulates the right to propose of National Assembly deputies as follows:

- A National Assembly deputy has the right to propose the National Assembly to make or amend the Constitution, hold a referendum, establish an ad-hoc Committee of the National Assembly, cast votes of confidence on holders of positions elected or approved by the National Assembly or convene an extraordinary or closed meeting of the National Assembly and to make proposals on other issues the National Assembly deputy finds necessary.

- A National Assembly deputy’s proposal shall be made in writing, specifying the reason for and contents of the proposal, and sent to the Standing Committee of the National Assembly.

The Standing Committee of the National Assembly shall summarize and process proposals of National Assembly deputies according to its competence and report to the National Assembly in the cases prescribed in Clause 3 of this Article or in other cases it finds necessary.

- When at least one-third of the total number of National Assembly deputies propose the National Assembly to make or amend the Constitution, hold a referendum, establish an ad-hoc Committee of the National Assembly or convene an extraordinary or closed meeting of the National Assembly, or twenty percent or more of the total number of National Assembly deputies propose the National Assembly to cast votes of confidence on a person holding a position elected or approved by the National Assembly, the Standing Committee of the National Assembly shall report such to the National Assembly for consideration and decision.

- The number of proposals required is the total number of proposals received by the Standing Committee of the National Assembly from the opening date of a session to before the opening date of the next session, or, in case the National Assembly deputies propose the National Assembly to convene a closed meeting, to before the opening date of the meeting of the National Assembly on the related issue.

- A National Assembly deputy has the right to propose agencies, organizations or individuals to apply necessary measures to implement the Constitution or law or protect the rights and interests of the State, human rights or lawful rights and interests of citizens.

Mai Thanh Loi

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