With 86.92% of the National Assembly deputies agreeing, the Draft Law on Organization of the National Assembly (amended) 2014 was passed at the 8th session of the XIII National Assembly. The amendments and supplements of this Law are based on the inheritance and development of the provisions of current law combined with selective reference and absorption of parliamentary organization and operation experiences of several countries around the world suitable to the conditions of Vietnam, while also based on the results of systematizing and codifying the regulations on the organization and operation of the National Assembly.
Article table of contents
Law on the Organization of the National Assembly (Amended) 2014 specifies the regulations of the 2013 Constitution on the organization and operation of the National Assembly, with important amendments and supplements regarding the organization, functions, tasks, and powers of the National Assembly, its bodies, and the National Assembly deputies.
Regarding the functions of the National Assembly, according to Article 69 of the Constitution, the amended law has designed the content regarding the functions of the National Assembly to be more concise, specifically: The National Assembly exercises the constitutional rights, legislative rights, decides on important matters of the country, and conducts supreme supervision over the activities of the State.
Compared to the provisions of the current law, the National Assembly no longer conducts supreme supervision "over the entire activities of the State" but only "over the activities of the State." The amendment to Article 1 of the current law aims to assert that the object of supreme supervision by the National Assembly includes only "the highest tier of the state apparatus" (the President, the Standing Committee of the National Assembly, the Government of Vietnam, the Supreme People's Court, the Supreme People's Procuracy, the heads of these agencies, and the members of the Government of Vietnam).
Regarding the term of the National Assembly, based on concretizing the provisions of the Constitution, the amended law has added some new content regarding the term of the National Assembly. Besides continuing to stipulate the time frame for each term of the National Assembly as five years, the amended law sets a 60-day period before the end of the National Assembly's term, during which the new term of the National Assembly must be elected. The amended law also clearly stipulates that when at least two-thirds of the total number of National Assembly deputies vote in favor or at the request of the Standing Committee of the National Assembly, the National Assembly will decide to shorten or extend its term. The extension or shortening of the National Assembly's term shall not exceed 12 months, except in cases of war.
Regarding the vote of confidence, the amended law constructs new regulations regarding the vote of confidence. This regulation aims to recognize the authority of the National Assembly to conduct a vote of confidence on individuals holding positions elected or approved by the National Assembly. Although the 2013 Constitution does not mention the vote of confidence, based on the effectiveness of the vote of confidence, the interest of voters nationwide, and public opinion in recent times, the amended law has designed regulations on the vote of confidence as a method to strengthen the supervisory activities of the National Assembly over individuals holding positions elected or approved by the National Assembly. At the same time, this is also seen as a preparatory step for exercising the right to vote of no confidence, as stipulated in the Constitution.
In addition to regulations on the vote of confidence, the amended law supplements regulations on the vote of no confidence based on institutionalizing constitutional provisions and legalizing certain contents of Resolution No. 35/2012/QH13 on taking votes of confidence and passing votes of no confidence on individuals holding positions elected or approved by the National Assembly or People's Councils, and inherits the provisions of Article 88 of the current Law on the Organization of the National Assembly.
The amended law stipulates that the National Assembly shall conduct a vote of no confidence against individuals holding positions elected or approved by the National Assembly in cases proposed by the Standing Committee of the National Assembly; or, with written opinions from at least twenty percent of the total number of National Assembly deputies; or, with recommendations from the National Council or Committees of the National Assembly.
Additionally, the amended law adds cases wherein the National Assembly will conduct a vote of no confidence if the person under the vote of confidence is rated with low confidence by at least two-thirds of the total number of National Assembly deputies. It also clearly stipulates the legal consequences for individuals subjected to a vote of no confidence when more than half of the total number of National Assembly deputies vote of no confidence. The amended law adds many provisions, creating an important legal foundation for National Assembly deputies to play a central role in the organization and activities of the National Assembly.
Regarding the structure, to reflect the central role of National Assembly deputies in the organization and activities of the National Assembly, the provisions regarding National Assembly deputies are designed in Chapter II, immediately following the chapter on general provisions concerning the position, functions, tasks, and powers of the National Assembly.
Regarding the content, besides inheriting the provisions of the current law regarding rights to propose laws, ordinances, and suggestions about laws and ordinances, the rights of deputies in discovering acts of law violations, immunity of National Assembly deputies, the amended law supplements several contents regarding responsibilities to voters, stipulating that National Assembly deputies can meet voters in their places of residence, workplaces; meet voters by topics, fields, subjects, areas of interest to National Assembly deputies to create more opportunities for deputies to listen to the opinions and aspirations of voters and attract voters' interest in the meetings of National Assembly deputies.
Regarding the right to question by National Assembly deputies, the amended law supplements the deputies' right to question the State Auditor General to align with the amended Constitution; stipulates the questioning response directing the Standing Committee of the National Assembly to propose the National Assembly to consider and decide to allow the questioned individual to respond at a plenary session of the National Assembly, a session of the Standing Committee of the National Assembly, or directly answer in writing to the questioning National Assembly deputy. If the National Assembly deputy is not satisfied with the questioning response, they have the right to continue questioning at the session of the National Assembly or the Standing Committee of the National Assembly or send the question to the questioned individual.
Regarding the right to make proposals by National Assembly deputies, compared to the current law, the amended law has specific provisions regarding the rights of National Assembly deputies in proposing the National Assembly on issues: Amending the Constitution; holding referendums; establishing temporary committees of the National Assembly; conducting a vote of no confidence on individuals holding positions elected or approved by the National Assembly; organizing extraordinary sessions; confidential sessions of the National Assembly, and proposing other issues deemed necessary by National Assembly deputies. Additionally, National Assembly deputies also have the right to propose agencies, organizations, and individuals to take necessary measures to implement the Constitution, laws, protect the rights and interests of the State, human rights, the legitimate rights and interests of citizens.
Regarding the right to attend meetings of the People's Councils, the amended law adds the right for National Assembly deputies to attend meetings of the People's Councils where the deputies reside or work when the People's Council discusses issues of interest to the deputies. This provision aims to enable National Assembly deputies to be closer to the actual situation of the locality, collecting more necessary information for their activities. The law supplements provisions to concretize the legal position of full-time National Assembly deputies, stipulating the number of full-time National Assembly deputies to be at least thirty-five percent of the total number of National Assembly deputies.
Regarding the structure of the Nationalities Council and Committees of the National Assembly: The amended law stipulates that the National Assembly only elects the Chairperson of the Nationalities Council and the Chairpersons of the Committees. The positions of Vice-Chairperson and member of the Nationalities Council, Vice-Chairperson, and member of the Committees shall be approved by the Standing Committee of the National Assembly based on the proposal of the Chairperson of the Nationalities Council, Chairpersons of the Committees of the National Assembly.
The amended law stipulates new regulations on the position of Secretary-General. The Secretary-General of the National Assembly is elected, relieved, dismissed by the National Assembly to advise and serve the activities of the National Assembly, the Standing Committee of the National Assembly, and National Assembly deputies. The Secretary-General is concurrently a National Assembly deputy and serves as the Chief of the Office of the National Assembly, accountable to the National Assembly and the Standing Committee of the National Assembly regarding the activities of the Office of the National Assembly.
Source: baoquangbinh.vn
