Who are National Assembly deputies? What are the regulations on rights to immunity of National Assembly deputies in Vietnam? - Thanh My (Binh Duong, Vietnam)
Article table of contents
Who are National Assembly deputies? Rights to immunity of National Assembly deputies in Vietnam (Source: Internet)
1. Who are National Assembly deputies?
According to Clause 1, 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.
2. Criteria of National Assembly deputies in Vietnam
Standards of National Assembly deputies under Article 22 of the Law on Organization of the National Assembly 2014 (amended in 2020) are as follows:
- To hold citizenship of only Vietnam.
- 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.
- 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.
3. The right to immunity of National Assembly deputies in Vietnam
Immunities of National Assembly deputies under Article 37 of the Law on Organization of the National Assembly 2014 are 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.
4. Guaranteed conditions for National Assembly deputies in Vietnam
According to Article 42 of the LLaw on Organization of the National Assembly 2014 stipulates the guaranteed conditions for National Assembly deputies as follows:
- The duration in which a National Assembly deputy works on a full-time basis shall be counted as his/her uninterrupted work time. When a full-time National Assembly deputy no longer performs the representative tasks, a competent agency or organization shall arrange other work for the deputy.
The duration in a year a part-time National Assembly deputy spends performing the tasks of a National Assembly deputy prescribed in Clause 2, Article 24 of Law on Organization of the National Assembly 2014 shall be included in his/her working period at the agency, organization or unit where the deputy works.
- A full-time National Assembly deputy shall be provided with a workplace and necessary physical and technical facilities for his/her representative activities.
- A National Assembly deputy is entitled to priority in purchasing train, bus, ship and air tickets and in crossing bridges or taking ferries. When getting sick, a National Assembly deputy who is not a medium- or high-ranking official is entitled to the medical examination and treatment regime prescribed for medium-ranking officials.
When passing away, a National Assembly deputy or a former National Assembly deputy who is not a state cadre, civil servant or public employee is entitled to the regime on organization of funeral applicable to state cadres and civil servants.
Quoc Dat
