Regulations on the term of the National Assembly in Vietnam

Regulations on the term of the National Assembly in Vietnam (Internet image)

1. Position and functions of the National Assembly in Vietnam

Article 1 of the Law on Organization of the National Assembly 2014 stipulates the position and functions of the National Assembly as follows:

- 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. Term of the National Assembly in Vietnam

Article 2 of the Law on Organization of the National Assembly 2014 stipulates the term of the National Assembly as follows:

- 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.

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

- 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.

3. Principles and effectiveness of operation of the National Assembly in Vietnam

Article 3 of the Law on Organization of the National Assembly 2014 stipulates the principles and effectiveness of operation of the National Assembly as follows:

- The National Assembly shall work under the conferential regime and make decisions by a vote of the majority.

- The effectiveness of operation of the National Assembly shall be ensured by the effectiveness of sessions of the National Assembly, activities of its Standing Committee, Ethnic Council, Committees, deputies’ delegations and deputies, and by the effectiveness of the coordination with the President, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front Central Committee and other agencies and organizations.

4. Regulations on making and amending the Constitution in Vietnam

Article 4 of the Law on Organization of the National Assembly 2014 stipulates the making and amending the Constitution as follows:

- The President, the Standing Committee of the National Assembly, the Government or at least one-third of the total number of National Assembly deputies may propose the National Assembly to consider and make decision on making or amending the Constitution.

The National Assembly shall decide to make or amend the Constitution when at least two-thirds of the total number of National Assembly deputies vote for it.

- The National Assembly shall set up the Constitution Drafting Committee. The membership, number of members, tasks and powers of the Constitution Drafting Committee shall be decided by the National Assembly at the proposal of the Standing Committee of the National Assembly.

- The Constitution Drafting Committee shall draft the Constitution, collect public opinions about the draft Constitution and submit it to the National Assembly.

- The Constitution shall be passed by the National Assembly when at least two-thirds of the total number of National Assembly deputies vote for it. The National Assembly shall hold a referendum on the Constitution in the case prescribed in Clause 1, Article 19 of Law on Organization of the National Assembly 2014.

5. Regulations on making and amending laws in Vietnam

Article 5 of the Law on Organization of the National Assembly 2014 provides for the making and amending laws as follows:

- The National Assembly shall decide on legislative programs at the proposal of the Standing Committee of the National Assembly.

- Before being submitted to the National Assembly, bills shall be verified by the Ethnic Council or Committees of the National Assembly and commented by the Standing Committee of the National Assembly.

- The National Assembly shall discuss, consider and pass a bill into a law at one or several of its sessions, depending on the contents of the bill.

Ngoc Nhi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE